THIS CONTEST IS OPEN TO CANADIAN RESIDENTS ONLY (EXLUDING RESIDENTS OF QUEBEC) AND IS GOVERNED BY CANADIAN LAW
By participating in the East Side Mario’s Tomato & Garlic Social Contest (the “Contest”), each entrant (hereafter referred to as the “Entrant”) agrees to be legally bound by these Official Contest Rules (the “Rules”) and the decisions of the Sponsor (defined below) with respect to all aspects of this Contest, which are final and binding on all Entrants without right of appeal.
1. CONTEST PERIOD: Contest begins on July 5, 2019 at 3:00 p.m. EST and ends on July 10, 2019 at 11:59.59 p.m. EST (the “Contest Period”).
3. HOW TO ENTER: Online Entries: No purchase necessary. To enter, go to
https://www.instagram.com/eastsidemarios/?hl=en or https://www.facebook.com/eastsidemarios/ (the “Website”), during the Contest Period, locate the Sponsor’s post regarding the Contest (the “Callout”), and like and tag one (1) person in the Callout, as directed (the “ Entry”). The Entrant will be allowed to provide a maximum of five (5) Entries each, on both Websites, for a maximum of ten (10) Entries during the Contest Period. To be eligible, your Entry must be received within the Contest Period in accordance with these Rules. [KC1]
All entries are collectively referred to as “Entries”. Your Entry will be rejected if (in the sole and absolute discretion of the Sponsor) the Entry is not fully completed and submitted during the Contest Period. Use (or attempted use) of any automated, macro, script, robotic or other system(s) or program(s) to enter or otherwise participate in or disrupt this Contest is prohibited and is grounds for disqualification by the Sponsor. The Releasees (defined below) are not responsible for late, lost, misdirected, delayed, incomplete or incompatible Entries (all of which are void).
All Entries are subject to verification at any time for any reason. The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification) to participate in this Contest. Failure to provide such proof to the satisfaction of the Sponsor in a timely manner may result in disqualification. The sole determinant of the time for the purposes of a valid Entry in this Contest will be the Contest server machine(s).
4. THE PRIZE AND APPROXIMATE RETAIL VALUE: There will be one (1) prize available to be won, awarded in the form of a $100.00 e-Ultimate Dining Card (the “Prize”). The Prize must be accepted as awarded and is not transferable, assignable or convertible to cash. No substitutions except at Sponsor’s option. The Sponsor reserves the right to substitute the Prize with one of equal or greater value, including without limitation, but at the Sponsor’s sole discretion, a cash award. The Prize will only be awarded to the person whose verifiable account name appears on the selected Entry. The Prize is subject to all terms and conditions stipulated by the issuer.
5. WINNER SELECTION, NOTIFICATION AND CONFIRMATION PROCESS: The odds of winning depend on the number of eligible Entries received during the Contest Period. Following the Contest Period, there will be a random draw on July 11, 2019 (the “Draw”) from among all eligible Entries received (see Rule 3 above), during the Contest Period.
The Entrant eligible to win will be contacted by the Sponsor on Instagram or Facebook by a reply to their comment and is required to direct message the Sponsor in order to obtain their e-mail address for further communication whereby the selected Entrant will be required to successfully answer a mathematical skill testing question in order to be declared a winner.
Following the Draw, the Sponsor or its designated representative will make a minimum of two (2) attempts to contact the selected Entrant (using the information provided by direct message) within 24 hours of the Draw. If the selected Entrant cannot be contacted within 24 hours of the Draw, or if there is a return of any notification as undeliverable; then he/she will be disqualified (and will forfeit all rights to the Prize) and the Sponsor reserves the right, in its sole and absolute discretion, to randomly select an alternate eligible Entrant from among the remaining eligible Entries received during the Contest Period (in which case the foregoing provisions of this section shall apply to such new selected Entrant). The Sponsor is not responsible for and shall not be liable for unsuccessful efforts to notify selected Entrants.
Before being declared A CONFIRMED PRIZE winner, the selected Entrant will be required to: (a) correctly answer a mathematical skill testing question without mechanical or other aid; (c) confirm compliance with these Rules; (d) acknowledges acceptance of the Prize as awarded; (e) releases the Contest Parties and each of their respective officers, directors, agents, representatives, successors and assigns (collectively, the “ Releasees”) from any and all liability in connection with this Contest, his/her participation therein and/or the awarding and use/misuse of the Prize or any portion thereof; and (f) agree to the publication, reproduction and/or other use of his/her name, address, voice, statements about the Contest and/or photograph or other likeness without further notice or compensation, in any publicity or advertisement carried out by or on behalf of the Sponsor in any manner whatsoever, including print, broadcast or the internet. If the selected Entrant: (a) fails to correctly answer the skill-testing question; (b) fails to respond within the specified time; and/or (c) cannot accept the Prize as awarded for any reason; then he/she will be disqualified (and will forfeit all rights to the Prize) and the Sponsor reserves the right, in its sole and absolute discretion, to randomly select an alternate eligible Entrant from among the remaining eligible Entries received during the Contest Period (in which case the foregoing provisions of this section shall apply to such new selected Entrant).
6. INTELLECTUAL PROPERTY: All intellectual property used by the Sponsor in connection with the promotion and/or administration of the Contest, including, without limitation, all trade-marks, trade names, logos, designs, promotional materials, web pages, source code, drawings, illustrations, slogans and representations are owned (or licensed, as the case may be) by the Sponsor and/or its affiliates. All rights are reserved. Unauthorized copying or use of any such intellectual property without the express written consent of its owner is strictly prohibited.
7. DISCREPANCY: In the event of any discrepancy or inconsistency between the terms and conditions of these Rules and disclosures or other statements contained in any Contest-related materials, including, but not limited to: the Entry, Website and/or point of sale, television, print or online advertising; the terms and conditions of these Rules shall prevail, govern and control.
8. GENERAL CONDITIONS:
a. The Releasees will not be liable for: (i) any failure of a Website during the Contest; (ii) any technical malfunction or other problems relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; (iii) the failure of any Entry to be received for any reason, including, but not limited to, technical problems or traffic congestion on the internet or at any website; (iv) any injury or damage to an Entrant’s or any other person’s computer or other device related to or resulting from participating in the Contest; and/or (v) any combination of the above.
b. The Releasees assume no responsibility for lost, delayed, incomplete or misdirected Entries. No correspondence will be entered into except with the selected Entrant who will be notified by direct message and informed of all necessary arrangements. This Contest is subject to all applicable federal, provincial and municipal laws. The decisions of the Sponsor with respect to all aspects of this Contest are final and binding on all Entrants without right of appeal, including, without limitation, any decisions regarding the eligibility/disqualification of Entries and/or Entrants.
c. In the event of a dispute regarding who submitted an Entry, Entries will be deemed to have been submitted by the authorized account holder of the username submitted at the time of entry. “Authorized account holder” is defined as the person who is assigned the selected username by Instagram. An Entrant may be required to provide proof (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification) that he/she is the authorized account holder of the username associated with the Entry in question and that he/she has all necessary consents, permissions and/or licenses as required by these Rules.
d. The Sponsor reserves the right, in its sole and absolute discretion, to withdraw, amend or suspend this Contest (or to amend these Rules) in any way, in the event of an error, technical problem, computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure or any other cause beyond the reasonable control of the Sponsor that interferes with the proper conduct of this Contest as contemplated by these Rules. Any attempt to deliberately damage any website or to undermine the legitimate operation of this Contest in any way (as determined by Sponsor in its sole and absolute discretion) is a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law. The Sponsor reserves the right, in its sole and absolute discretion, to cancel, amend or suspend this Contest, or to amend these Rules, without prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind, or for any other reason.
e. Without limiting the generality of the foregoing, the Sponsor reserves the right, in its sole discretion, to disqualify any Entrant’s Entry in the Contest or entitlement to the Prize, if the Sponsor, in its sole discretion, determines or suspects that the Entrant has attempted to undermine the legitimate operation of the Contest by cheating, hacking, deception, use of multiple mice or other fraudulent, deceptive or unfair playing practices (including, without limitation, any Entries generated by script, macro, robotic, programmed, or any other automated means). Entries generated by script, macro, robotic, programmed, or any other automated means are prohibited and will automatically be disqualified.
g. The Sponsor reserves the right, in its sole and absolute discretion, and without prior notice, to adjust any of the dates and/or timeframes stipulated in these Rules, to the extent necessary, for purposes of verifying compliance by any Entrant or Entry with these Rules, or as a result of any technical or other problems, or in light of any other circumstances which, in the opinion of the Sponsor, in its sole and absolute discretion, affect the proper administration of the Contest as contemplated in these Rules, or for any other reason.
h. Should an Entrant wish to not be entered into the Contest following completion of the Entry, they should send an email to email@example.com to request that their Entry be rendered null and void.
i . This Contest and the Rules are governed by and to be construed under the laws of the Province of Ontario, Canada.
j. Sponsor will not involve itself in, and the Releasees accept no obligation or liability in respect of, any dispute regarding the identity of the rightful selected Entrant. In any such case, Sponsor reserves the right to take whatever action it deems appropriate based on the circumstances and/or to comply with applicable law.