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Official Contest
Rules
1. AGREEMENT TO THE OFFICIAL CONTEST RULES
The [Thanksgiving Giveaway] (“Contest”) is conducted by Quickie Convenience Stores, operated by MacEwen Petroleum Inc (“Sponsor”).
By participating in the Contest, each individual (“Entrant”, collectively “Entrants) unconditionally accepts and agrees to comply with and abide by these Official Contest Rules and the decisions of the Sponsor and/or a Sponsor approved Contest administrator(s) (“Administrator”). Decisions by the Sponsor or Administrator shall be final and binding, without right of appeal, in all matters related to the Contest.
2. DATES AND TIMING
1.1. CONTEST PERIOD. The Contest begins [September 23, 2024] at [12 PM EST] and ends [October 10, 2024] at [3 PM EST] (“Contest Period”). A qualified submission to the Contest (“Entry”, collectively “Entries”) must occur during the Contest Period. A submission will be rejected if, in the sole and absolute discretion of the Sponsor or Administrator, the Entry is not fully completed and/or submitted during the Contest Period.
1.2. OFFICIAL TIME. The Sponsor or Administrator’s servers (where applicable) are the official tool for determining the Contest Period.
The time an Entry is officially received will be determined by time stamp on the Entry in Sponsor or Administrator’s mail, web server, or social media application, whichever is applicable.
3. ELIGIBILITY
The Contest is open to legal residents of Ontario and Québec who have reached the age of majority in the province in which their reside, as of their date of Entry into the Contest (“Eligible Entrants”).
3.1 RESTRICTIONS ON ELIGIBILITY. The Contest is not open to:
a) employees, officers, and directors of the Sponsor; its [parent companies, affiliates, franchisees, subsidiaries, distributors, representatives, agents, and advertising and promotion agencies; or any entity that they contract with specific to this Contest];
b) regardless of where they live, the immediate family members (husband, wife, spouse, partner, mother, father, brothers, sisters, sons, or daughters) of a person excluded under (3.1(a)); or
c) any individual domiciled with a person excluded under (3.1(a)), whether related to that person or not.
4. HOW TO PARTICIPATE
4.1. METHODS OF PARTICIPATION. During the Contest Period, Eligible Entrants may enter the Contest using one of the following methods. For each of the methods, no purchase is necessary to enter.
a) INSTAGRAM. Eligible Entrants may enter the Contest by following the official Quickie Stores Instagram account (@quickiestores), liking the official Contest post, and mentioning a friend in the comments. You may need to have cookies enabled on your browser to access some of the Entry mechanisms.
Entrants acknowledge that any and all information provided in this Contest are provided to the Sponsor and not Instagram.
By participating in the Contest, each Entrant acknowledges that the Contest is not sponsored, endorsed or associated in any way with Instagram, and agrees:
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Not to inaccurately tag content on Instagram in relation to the Contest; and
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to fully release, discharge and hold harmless from liability Instagram against any and all manner of action, cause of action, claim or demand, loss or injury, by reason of or arising out of the Entrant’s participation in the Contest and/or in connection with the acceptance and/or exercise by the Entrant of the prize as awarded.
b) FACEBOOK/META. Eligible Entrants may enter the Contest by following the official Quickie Stores Facebook page, and liking the official Contest post. You may need to have cookies enabled on your browser to access some of the Entry mechanisms.
Entrants acknowledge that any and all information provided in this Contest are provided to the Sponsor and not Facebook/Meta.
By participating in the Contest, each Entrant acknowledges that the Contest is not sponsored, endorsed or associated in any way with Facebook/Meta. Each Entrant further agrees to fully release, discharge and hold harmless from liability Facebook/Meta against any and all manner of action, cause of action, claim or demand, loss or injury, by reason of or arising out of the Entrant’s participation in the Contest and/or in connection with the acceptance and/or exercise by the Entrant of the prize as awarded.
c) EMAIL. Eligible Entrants may enter the Contest by either providing their email in store or on the Sponsor’s official Instagram account @Quickiestores
4.2. LIMIT ON THE NUMBER OF ENTRIES. Each Entrant is limited to one (1) Entry per method of Entry for the entire Contest Period. For greater certainty and for the avoidance of doubt, each Eligible Entrant may enter, where applicable, directly using one (1) email address, on Instagram with one (1) Instagram account, and/or one (1) Facebook account.
4.3.DISQUALIFICATION FOR EXCEEDING / MANIPULATING CONTEST ENTRY. If the Sponsor has reason to believe that an Entrant:
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has attempted to obtain more than one (1) Entry per Entry method;
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has attempted to use multiple names, identities, accounts, profiles, or email addresses;
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has used any automated, macro, script, robotic, other systems or programs, or otherwise illicit means to enter the Contest; and/or
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has used any other means that are not in accordance with Sponsor’s interpretation of the letter or spirit of these Official Contest Rules to enter or otherwise participate in this Contest, or to disrupt the conduct of the Contest,
such Entrant may be disqualified from the Contest at the sole and absolute discretion of the Sponsor.
5. PRIZES/APPROXIMATE RETAIL VALUES (ARV)/ODDS
5.1. PRIZE DESCRIPTION. There are a total of [Two (2)] prizes to be won. The prizes to be won, the number of prizes and their approximate retail value (“ARV”) are:
a)[Quickie/ MacEwen Gift Card (1)] “First Prizes” comprised of [1 Quickie/ MacEwen Gift Card to be used at Quickie stores and MacEwen Fuel] (ARV: $[50] CAD, each).
b)[Quickie Travel Mug (1)] “Secondary Prizes” comprised of [1 Quickie reusable Travel Mug includes 6 free refills / Quickie Travel mug is16 oz stainless steel] (ARV: $[12] CAD, each).
ARV of all prizes total is $[62] CAD. Entrant is responsible for following all applicable laws with respect to the use of the prizes, including, without limitation, respecting province-specific legal age requirements.
5.2. SPONSOR RIGHTS REGARDING PRIZES. Each prize must be accepted as is and is not transferable, assignable, or redeemable for cash (except as expressly permitted by the Sponsor in its sole and absolutely discretion). No substitutions are permitted, except at the discretion of the Sponsor. The Sponsor reserves the right, in its sole and absolute discretion, to substitute a prize or prizes with a prize of equal or greater value, including, but not limited to, in the sole and absolute discretion of the Sponsor, a cash prize. Winners are not entitled to the monetary difference between actual prize value and stated ARV, if any.
In no event will the Sponsor be responsible for more than [Two (2)] prizes. If any computer, printing production, mechanical, seeding, typographical or other error results in more valid prize claims than the number of available prizes stated herein, the Sponsor reserves the right to award the number of prizes stated herein by a random drawing from among all eligible, non-suspect, valid prize claims received for the prizes in question.
5.3.PRIZE RESTRICTION. Limit of one (1) prize per Entrant or household.
5.4.PRIZE ODDS. Odds of winning a prize depends on the number of eligible Entries received in accordance with these Official Contest Rules during the Contest Period.
6. WINNER SELECTION AND NOTIFICATION
6.1. TIME AND LOCATION. On [October 10, 2024] at [3 PM EST], a total of [ one (1)] Entries will be selected by a random draw from all valid Entries received during the Contest Period (“Potential Prize Winner”). The draw will be conducted at [2270 St. Laurent Blvd, Ottawa, ON K1G 6C4].
If applicable, the order of selection of the prizes will be in descending order of value (highest ARV to Lowest ARV). The prizes will be awarded, provided there are a sufficient number of qualified Entries received.
NO POTENTIAL PRIZE WINNER IS A WINNER UNTIL THE SPONSOR HAS OFFICIALLY DECLARED THAT POTENTIAL PRIZE WINNER A WINNER IN ACCORDANCE WITH THESE OFFICIAL CONTEST RULES.
6.2. POTENTIAL PRIZE WINNER SELECTION, OBLIGATIONS, RESPONSIBILITIES, & RESTRICTIONS. Potential Prize Winners will be contacted by direct messaging or email, as applicable, using the contact information provided or collected at the time of Entry, at the absolute discretion of the Sponsor and/or Administrator. If a Potential Prize Winner does not respond adequately within [Five (5)] calendar days of the first notification attempt, or is returned as undeliverable, that Potential Prize Winner may, in the sole and absolute discretion of the Sponsor, be disqualified—and, if disqualified, will forfeit all rights to the applicable prize. The Sponsor reserves the right, in its sole and absolute discretion and time permitting, to randomly select another Eligible Entrant from among all remaining eligible Entries received during the Contest Period—in which case the foregoing provisions shall apply to such newly selected Entrant. The Sponsor shall have no liability for any winner notification that is lost, intercepted, or not received by a Potential Prize Winner for any reason.
The Sponsor, in its sole discretion, will attempt to contact up to [One (1)] Potential Prize Winners of a prize in accordance with the above procedure, after which the prize in question may go unawarded if it remains unclaimed.
A Potential Prize Winner must, within [Five (5)] business days of first notification by the Administrator and/or Sponsor:
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correctly answer a time-limited mathematical skill-testing question without assistance or mechanical or electronic aid. Which may, in the sole and absolute discretion of the Sponsor, be administered online, by email other electronic means, by telephone, form ("Waiver"), as deemed appropriate in the circumstances or in order to comply with applicable law; and
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for any prize, sign and return the original signed copy of the Waiver and, where permitted by law, a Publicity Release form within [Five (5)] days after first notification attempt, provided by the Sponsor, which (among other things):
a) confirms compliance with these Official Contest Rules.
b) acknowledges acceptance of the prize (as awarded);
c) releases the Sponsor from any and all liability in connection with this Contest, participation and/or awarding and use/misuse of the prize or any portion thereof.
d) agrees to indemnify the Sponsors from and against any and all claims, damages, liabilities, costs and expenses arising out of or in connection with the use of his or her prize; and
e) confirms consent to any publication, reproduction and/or other use of their name, city/province/territory of residence, 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, by any means and in any media, including print, broadcast or the Internet.
6.3. DISQUALIFICATION. If a Potential Prize Winner:
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fails to correctly answer the skill-testing question;
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fails to return the properly executed Waiver within the specified time period;
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cannot accept (or refuses to accept) the prize (as awarded) for any reason; and/or
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is in violation of these Official Contest Rules (as determined by Sponsor in its sole and absolute discretion),
then such Potential Prize Winner will be disqualified (and forfeit all rights to the prize) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to randomly select another Eligible Entrant from among all remaining eligible Entries received during the Contest Period (in which case the foregoing provisions will apply to such newly selected Entrant).
Further, if the Sponsor in its sole discretion, finds an Entry to be ineligible for any reason the above process for randomly selecting a new Potential Prize Winner will apply.
6.4. PRIZE WINNER. After a Potential Prize Winner successfully answers the skill-testing question and returns the completed Waiver (within the required time) they will be notified by email, phone, direct message, and/or mail using the contact information provide by or collected at the time of Entry or as part of the participation in the Contest, that the Entrant is a Prize Winner.
6.5. PRIZE DELIVERY. Delivery of each prize is expected to occur within [15 Business days] of the Sponsor confirming the Prize Winner has satisfied the provisions of the Official Contest Rules. If applicable, each prize will be delivered to the residential address specified with the selected Entry or provided by the Prize Winner.
All Prize Winners acknowledge that upon acceptance of a prize, performance of prize obligations becomes the sole and exclusive responsibility of the designated service provider(s) for those portions not originating with the Sponsor, if any.
7. ENTRY VERIFICATION
All Entries may be subject to verification at any time for any reason. The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identification and/or eligibility (in a form acceptable to the Sponsor, including, but not limited to, government-issued photo identification):
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to verify an Entrant’s eligibility to participate in this Contest;
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to verify the eligibility and/or legitimacy of any Entry; and/or
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for any other purpose that Sponsor deem necessary, in its sole and absolute discretion, for the administration of this Contest in accordance with the Sponsor’s interpretation of the letter and spirit of these Official Contest Rules.
7.1. DISQUALIFICATION. Any person who fails to provide such proof to the complete satisfaction of the Sponsor, within the time period specified by the Sponsor, may be disqualified in the sole and absolute discretion of the Sponsor.
8. ENTRANTS’ REPRESENTATIONS
By submitting an Entry, each Entrant represents and warrants that:
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the Entry does not infringe on any third party’s copyright materials, trademark or other intellectual property rights, and the Entry does not infringe upon any person’s personal or proprietary rights, and is not offensive, obscene, profane, libelous, threatening, harassing, derogatory or otherwise in bad taste;
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the Entry does not contain software viruses or any other computer code or program designed to interrupt, destroy or limit the functionality of the Contest; and
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the Entry is original to you, that you have all necessary rights in and to the Entry.
The Sponsor does not assume any responsibility for any claims based on infringement of publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement, and/or any other intellectual property-related cause of action with respect to any Entry submitted.
Entries become the property of the Sponsor and will not be returned.
9. RIGHTS OF SPONSOR
9.1. TERMINATE, MODIFY, OR SUSPEND THE CONTEST. The Sponsor reserves the right, to terminate, modify, or suspend this Contest or amend the Official Contest Rules at any time and in any way, without prior notice or obligation. This includes, without limitation, if for any reason, the Contest is not capable of running as planned, or if the administration, security, fairness, integrity, or proper conduct of the Contest is adversely affected. Without limitation, this includes where, in the Sponsor’s opinion, there is any suspected or actual evidence of tampering with any portion of the Contest, or if technical difficulties or any other factor (including accident, printing, administrative, or any error of any kind) compromises the integrity, administration, or impartiality of the Contest, or for any other reason.
9.2. SEEK REMEDIES & DAMAGES. Any attempt to deliberately damage any website or other component, or to otherwise undermine the legitimate operation of this Contest 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, including criminal prosecution.
9.3.ENTRANT DISQUALIFICATION. The Sponsor reserves the right to disqualify a person if he/she enters the Contest or tries to do so by any means contrary to these Official Contest Rules or which would be unfair to other Entrants or where Contest Entries are generated by any mechanical or automated means, including the supply of untruthful, inaccurate, or misleading details and/or information. Entry materials that have been tampered with, reproduced, falsified, or altered may be void, in the Sponsors sole and absolute discretion.
10. DISQUALIFICATION
ANY PERSON FOUND TO BE IN VIOLATION OF THE LETTER OR SPIRIT OF THESE OFFICIAL CONTEST RULES BY THE SPONSOR, FOR ANY REASON WHATSOEVER, MAY BE DISQUALIFIED AT ANY TIME, AT THE SOLE AND ABSOLUTE DISCRETION OF THE SPONSOR.
11. INDEMNITY, RELEASES, WAIVERS, AND DISCLAIMERS
Unless otherwise prohibited from doing so by applicable law, the Entrant agrees to the following releases:
11.1. FOR ALL ENTRANTS. By entering this Contest, each Entrant:
a)agrees to release, discharge and hold harmless the Sponsor, its departments and agencies, parent, related and affiliated companies, subsidiaries, franchisees, advertising and promotional agencies, counsel, marketing partners, and each of their respective directors, officers, employees, shareholders, successors, sponsors, partners, licensees, subsidiaries, agents, artists, advisors, assignees, and all others associated with the administration, development and execution of the Contest (”Released Parties”) from and against any and all damages, claims, injuries, death, loss and/or liability to person or property, due in whole or in part, whether directly or indirectly, to entering and participation in the Contest, including, without limitation, claims based on infringement of publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement, breach of confidence, or any other intellectual property-related cause of action;
b)grants the Sponsor a non-exclusive, unlimited, royalty free, irrevocable, right and license (“Non-Exclusive License”) to use, publish, display, produce, perform, convert, adapt, publicly present, communicate to the public, assign, sub-license, edit, modify, translate, reproduce, dispose of, post, broadcast or otherwise use the Entry, in whole or in part, in any way and in any form of media now known or hereafter developed, including, without limitation, as contemplated within these Official Contest Rules, or in any advertising or promotions created by the Sponsor in any form of media to promote this Contest and/or future Contests similar to this Contest, without review, notice, approval or compensation;
c)waives all moral rights in and to the Entry in favour of the Sponsor; and
d)represents, warrants to the Sponsor that he/she has the authority to grant to Sponsors the rights granted in these Official Contest Rules, including without limitation the Non-Exclusive License.
11.2. FOR PRIZE WINNERS. The Prize Winner must sign the Waiver to:
a)confirm compliance with the Official Contest Rules;
b)agree to accept the prize as awarded;
c)release, discharge and hold harmless the Released Parties from and against any and all manner of action, cause of action, claim or demand, loss or injury, use or misuse of a prize or any travel related thereto, and the use of the Entry by the Sponsor, suit, debt, covenant, contract, including legal fees and expenses, whatsoever, including but not limited to, claims based on negligence, breach of contract and fundamental breach, failure of any third-party contractor or supplier used in connection with any aspect of the Contest to perform or deliver any goods or services, any act of God or any other event beyond the Released Parties’ control, any dissatisfaction of any kind by a Prize Winner with any aspect of the Contest or any prize, liability for physical injury, death, or property damage that the Entrants, guests, their heirs, successors or assigns have, might have or could have suffered, by reason of or arising out of the Entrant’s participation in the Contest and/or in connection with the acceptance and/or exercise by the Entrant of the prize as awarded; and
d)indemnify the Released Parties against any loss, damage or expense, including legal fees that any of the Released Parties may suffer or incur as a result of any non-compliance by an Entrant with any of the Official Contest Rules or participation in the Contest and/or in connection with the acceptance and/or exercise by an Entrant of a prize and the use of the Entry by Sponsor.
12. LIMITATION OF LIABILITY
None of the Released Parties makes any representation or warranties, express or implied, as to the quality or suitability of any prize awarded in connection with the Contest. To the fullest extent permitted by law, each selected Entrant understands and agrees that they will not seek reimbursement or any legal or equitable remedy against Released Parties, whoever they may be, in the event that the prize awarded to them is unsatisfactory for any reason or is unsuitable for their particular purpose.
The Released Parties disclaim all liability for:
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any failure of any website and/or platform during the Contest;
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any technical malfunctions or other problems of any kind, including, but not limited to, those affecting telephone network or lines, computer online systems, servers, access providers, computer hardware or software;
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any Entry or other information which is not received, captured or stored, for any reason, including but not limited to technical problems or traffic congestion on the Internet or at any website and proof of transmission (e.g. screenshots) and/or mailing does not constitute proof of delivery;
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any injury or damage to an Entrant’s or any other person’s computer or other property related to or resulting from participation in this Contest;
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incorrect and/or erroneous designation of a selected Prize Winner or Entrant; and/or
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any combination of the foregoing.
The Released Parties are not responsible for late, lost, illegible, incomplete, falsified or destroyed Entries.
The Released Parties do not assume any responsibility for incorrect or inaccurate capture of Entry information, technical malfunctions, human or technical error, printing errors, lost, delayed or garbled data or transmissions, omission, interruption, deletion, defect or failures of any telephone or computer lines or networks, computer equipment, software or any combination thereof.
Further, Released Parties are not responsible for electronic communications that are undeliverable due to any form of active or passive filtering of any kind, or due to insufficient space in Entrant’s email account preventing the Entrant from receiving emails.
Released Parties are not responsible for and will not take any action related to any changes to the email address, mailing address, and/or telephone number of Entrants.
13. USE OF ENTRANT INFORMATION FOR PUBLICITY
Entering this Contest or accepting a prize (if applicable) constitutes permission from each Entrant for the Sponsor, and its agencies to use the Entrant’s name, place of residence, biographical information, Entry, prize information, video, recording, voice, photograph, statements, and likenesses for the purposes of advertising and publicity in any and all media now or hereafter known throughout the world in perpetuity, without further compensation, notification, or permission, unless otherwise prohibited by law.
14. PRIVACY
The Sponsor respects the Entrant’s right to privacy. Personal information collected from Entrants (including but not limited to names, mailing addresses, telephone numbers, and email addresses) will be used for the purpose of administering this Contest, conducting publicity about this Contest, and enhancing and personalizing future promotional communications to Entrants. By entering this Contest, Entrants consent to Sponsor’s collection, use, and disclosure of their personal information for these purposes. Such consent may be withdrawn in accordance with the Sponsor’s privacy policy located here: [https://www.quickiestores.com/privacy-policy].
15. GOVERNING LAW
The Contest is subject to all applicable federal, provincial and municipal laws.
All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Contest Rules, or the rights and obligations of the Entrants and the Sponsor in connection with the Contest shall be governed by, and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to conflicts of law principles.
16. TAX
All federal, provincial/territorial, local, and other taxes if any, on a prize or resulting from receiving a prize are the sole responsibility of the Prize Winner.
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