Promotional Terms and conditions (2024)

The following are the terms and conditions (these “Official Terms”) for the Whitby Canada Anniversary Event Giveaway contest(the “Contest”) sponsored by Food Ventures North America Canada, Inc. dba / Wild Fork Canada (“Sponsor”).By entering the Contest, you, the entrant, are affirming that you have read and accepted these Official Terms. These Official Terms apply to all contest sponsored by Sponsor, unless a more specific set of rules is referenced for a particular contest. If the specific rules for a particular contest conflict with the following Official Terms, the specific rules will control.

NOPURCHASEORPAYMENTOFANY KINDISNECESSARYTOENTERFORACHANCETOWIN. BY ENTERING IN THE CONTEST, THE ENTRANT AGREES TO BE BOUND BY THESE OFFICIAL TERMS AND SPONSOR’S TERMS OF USE, WHICH CAN BE FOUND AT https://www.wildfork.ca/en-CA/terms-of-use/AND ARE INCORPORATED HEREIN BY REFERENCE. ODDS OF WINNING DEPEND ON THE NUMBER OF ENTRIES RECEIVED DURING CONTEST PERIOD. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THE CONTEST AND WILL NOT IMPROVE OR INCREASE THE ENTRANT’S CHANCES OF WINNING.ENTRANTMUSTCORRECTLYANSWERASKILL-BASEDQUESTIONINORDERTOBE ELIGIBLE TO WIN. This Contest is in no way sponsored, endorsed, administered by or associated with Meta (previously, The Facebook company).

ELIGIBILITY:The Contest is open to legal Canadian residents currently residing in the region of theGreaterTorontoArea,Ontario,andwhoareeighteen (18)yearsold or the age of majority, whichever is older as of the date of entry, and who meet the eligibility requirements set forth herein.The following persons are specifically excluded from and not eligible to win this Contest: (a) residents outside Sponsor’s serviceable areas; (b) employees of Sponsor and its parents, subsidiaries, affiliates, or the contest and advertising agencies; and (c) members of any of such employees’ immediate family (spouse, parent, sibling or child and their respective spouses, regardless of where they reside) or persons living in the same household of any such employees, whether or not related. Void where prohibited by law.Sponsor reserves the right to verify all eligibility qualifications. The Contest is subject to all applicable federal, provincial, and local laws.By entering into the Contest, you are hereby acknowledging and agreeing that you do now and will continue to meet the eligibility requirements set forth herein.False, fraudulent or deceptive entries or acts shall render the entrant ineligible.

HOW TOENTER:Youmayenterthe Contest by visiting our Wild Fork Canada Whitby store located at 340 Taunton Road E., Whitby, ON, and scanning one of our in-store QR codes and entering the requested information. Limit of one (1) entry per person per household, and all entries must be submitted within the Contest Period (as defined below).By entering the Contest, you acknowledge and accept that your email address will be used by Sponsor to contact you about Contest communications.Sponsor is not responsible for and will not consider incomplete, incorrect, or late entries.Entries generated by script,macro,mechanicalor other automatedmeansand entriesby anymeanswhichsubvertthe entry process and multiple entries received from any person in excess of the stated limitation will be void.All entries become the sole property of Sponsor and will not be returned.

CONTESTPERIOD:TheConteststartsat 12:00AM(EST)May 15, 2024, and ends at 11:59 PM (EST) on May 31, 2024 (the “Contest Period”).

PRIZE:Three(3)winnerswillberandomlyselectedon approximately June 7th, 2024, fromallpersons making purportedly valid entries.Each winner will receive one (1) of three (3) $100 Wild Fork gift cards (each, a “Prize”).Approximate retail value of the Prize is $100Cdn. Sponsor reserves the right, at its sole discretion, to substitute a prizeofgreaterorequivalent monetaryvalueifa prizecannot beawardedas describedforany reason. Each winner is limited to one (1) Prize per Contest.Any and all applicable federal, provincial, and local taxes and all fees and expenses relatedtoacceptanceanduseof thePrizenotspecifically statedhereinarethesoleresponsibility of the winner.The Prize cannot be substituted, assigned, transferred, or redeemed for cash by the winner; however, Sponsor reserves the right to substitute a prize of equal or greater value.

The Prize is awarded “AS-IS,” and neither Sponsor nor any of its affiliates or representatives makeorofferanywarrantyorguarantee,whetherexpressorimplied(including,withoutlimitation, quality,merchantabilityandfitness for aparticular purpose),inconnectionwiththe Contest orthe Prize.

TEST OF SKILL; WINNER NOTIFICATION:On approximately June 7th, 2024, a random draw will be conducted from all eligible entries received during the Contest Period.Upon notification, the selected entrant must, unaided and without assistance of any kind, correctly answer a mathematical skill-testing question.The selected entrant will receive the skill-testing question at the email address used to enter the Contest within two (2) days of June 7th, 2024, and must correctly answer the skill-testing question within two (2) days of receipt in order to be a winner of the Contest.Thefirst threeentrants tocorrectly answertheskill-testing question shall bedeclared the winners, subject to meeting all the conditions described in these Official Terms.The selected entrant must also provide their legal name, email address and mailing address when submitting his or her answer to the skill-testing question. The winner must respond to Sponsor, from the email address used to enter the Contest, within two (2) days of being notified of winning.In order to claim the Prize, the winner may be required to complete, sign and return to Sponsor an AffidavitofEligibilityand/orReleaseofLiability,orany otherapplicabledocumentsas determined necessary bySponsor,inSponsor’ssolediscretion,withinthirty(30) daysof acceptancetoofthe Prize.If the winner fails to respond to Sponsor within the stated period after receiving notice of winning or using the email address used for entry or fails to execute the required documents in the timeframes required, the winner shall forfeit the Prize, and Sponsor shall have no further obligation or liability to the winner. Additionally, awarding of the Prize is subject to verification of eligibility and compliance with these Official Terms.

If the selected entrant: (a) fails to answer the skill-testing question within two (2) days of receipt; or (b) incorrectly answers the skill-testing question, the Prize shall be forfeited, and Sponsor has the right to randomlyselectanotherentrant.Ifthewinner:(c)forfeits thePrize; (d)isfound tobeineligible; (e)failsto comply with these Official Terms or submit the requested forms and/or releases; or (f) declines the Prize for any reason prior to award, such winner will be disqualified and an alternate potential winner may be selected.Sponsorwill successively attempttocontactup to atleastthree(3)potential winners ofthe Prize in accordance with the aforementioned procedure, and, if there is still no confirmed winner of the Prize after such attempts have been made, the Prize may thereafter go un-awarded.

GENERAL CONDITIONS:By participating, the entrant agrees: (a) to abide by these Official Terms and decisionsofSponsor,whichshall befinal inall respects relating tothis Contest; (b) to release, discharge and hold harmless Sponsor, and its parents, affiliates, subsidiaries, and advertisingandcontestagencies,andtherespectiveofficers,directors,shareholders,employees, agents and representatives of the foregoing (collectively, "Released Parties") from any and all injuries, liability, losses, costs, expenses (including without limitation attorneys’ fees) and damages of any kind to persons or property resulting, in whole or in part, directly or indirectly, fromtheentrant'sparticipationinthe contestorthe acceptance,possession, useormisuse of the Prize (or portion thereof); and (c) to the use of his/her first name, city and state, photograph, image and/or other likeness for programming, advertising, publicity, trade and promotional purposesinany and allmedia,noworhereafterknown,worldwideandon theInternet,andin perpetuity by Sponsor and its designees, without compensation (unless prohibited by law) or additional consents from the entrant or any third party and without prior notice, approval or inspection, and to execute specific consent to such use if asked to do so.

Multiple entrants are not allowed to use the same email address.In the event of a dispute regarding entriesreceivedfrommultiple users havingthesamee-mailaccount,theauthorizedsubscriberofthee- mail account at the time of entry will be deemed to be the entrant and must comply with these Official Terms.Theauthorized accountsubscriberis thenatural personwhois assignedthee-mail address by the Internet Service Provider (ISP), on-line service provider, or other organization responsible for assigning e-mail addresses.

ReleasedPartiesarenotresponsible,anddisclaimallliability,for:(d)technicalmalfunctions;(e)late,lost

, or damaged entries; (f) failures, omissions, interruptions, or unavailability of any network, or any other electronic issues; (g) incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest; (h) inability to access Sponsor’s website; or (i) injury or damage to the entrant’s or to any other person's computer related to or resulting from his or her participation in the Contest or downloading materials from or use of the Sponsor’s website.Sponsor may disqualify anyone from participating in the Contest or winning the Prize(andvoidallassociated entries)if,initssolediscretion,itdeterminesthatsuch personisattempting to undermine the legitimate operation of the Contest, whether by cheating, deception or other unfair playing practices, or intending to annoy, abuse, threaten or harass any other entrant or Sponsor’s representatives.Sponsor reserves the right, in its sole discretion, to disqualify any individual implication in the above actions or to cancel, modify or suspend any portion of the Contest or any portion thereof, including if any cause corrupts the administration, security or proper play of the Contest.In the event of termination,thewinnershall beselectedina randomdrawingfrom amongall eligiblenon-suspectentries received through the time of the action or event warranting such termination.

DISPUTE RESOLUTION:Except where prohibited by law, as a condition of participating in the Contest, the entrant agrees, by entering into the Contest, that: (a) any and all disputes, claims and causes of action arising out of or connected with the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration applying Alberta law and held in Alberta, and judgment upon such arbitration award may be entered in any Alberta court having jurisdiction; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and courtcosts;(c)undernocirc*mstanceswilltheentrantbepermittedtoobtain awards for, andthe entrantherebywaives allrights toclaim, indirect,punitive, incidentalandconsequentialdamages and any other damages; and (d) any and all rights to have damages multiplied or otherwise increased that the entrant may be entitled to are hereby expressly waived.All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Terms, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the Province of Alberta, without giving effect to any choice of law or conflict of law rules (whether of the Province of Albertaor anyotherjurisdiction),whichwouldcausethe applicationof thelaws ofany jurisdiction other than the Province of Alberta.In the event that any provision is determined to be invalid or otherwise unenforceable orillegal, theseOfficial Terms shall otherwiseremain in effect andshall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

PRIVACY:As part of entry, the entrant may be asked to consent to receive promotional e-mails and reminders for upcoming promotions and to receive information about Sponsor, its affiliates and subsidiaries.By entering into the Contest, the entrant consents to the use by Sponsor and its designees of the entrant’s name, photograph, likeness, biography, social media handles, voice, performance and/or video for advertising and promotional purposes and in any and all media (including online announcements) now or hereafter known, throughout the universe in perpetuitywithoutadditionalcompensation,notificationorpermission,exceptwhereprohibitedby law.Information collected throughtheContestissubject toSponsor’sPrivacyPolicysetforthat https://www.wildfork.ca/en-CA/privacy-policy/.

WINNERSLISTANDRULES:Foran officiallistofwinner(s),sendanemailto care@wildforkfoods.comwith“Shop Whitby for a Chance to Win”inthesubjectline.Toobtainacopy of these Official Terms or a list of the winner(s), send a self-addressed, stamped envelope to Sponsor at the address below.

DISCLAIMER AND RELEASE: The Contest is in no way sponsored, endorsed, administered by or associated with Meta (previously, The Facebook company). You hereby fully release and hold Meta harmless from any and all liability with respect to the Contest.

SPONSOR:FoodVenturesNorthAmericaCanada,Inc. dba/WildForkCanada: 9Roybridge Gate, Vaughan, ON L4H 1E6.

Promotional Terms and conditions (2024)
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