FRC MARKETING:

COVID OPPS CONTEST OFFICIAL RULES

 

OPEN ONLY TO ELIGIBLE LEGAL RESIDENTS OF CANADA (EXCLUDING QUEBEC) WHO ARE AT LEAST THE AGE OF MAJORITY IN THEIR PROVINCE, OR TERRITORY OF RESIDENCE AT THE TIME OF ENTRY.

VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

1. OVERVIEW: The FRC Marketing: COVID OPPS Contest (“Contest”) is organized and is administered by Front Row Centre Inc. (“Administrator”)

2. CONTEST PERIOD: The Contest begins on Tuesday, August 18 , 2020 at 9:00 am Eastern Time (“ET”) and ends on Thursday, September 14, 2020 at 9:00 AM ET (the "Contest Period"). Non-winning entries will not carry over into subsequent Entry Period drawings. Administrator’s computer is the official Contest clock. During this time period, four (4) Weekly Winners will be pulled on specific dates as outlined in the Section 5: Random Drawing.

3. ELIGIBILITY: The Contest is open only to individuals who are legal residents of Canada (excluding the Province of Quebec) who are at least the age of majority in their province or territory of residence at the time of entry. Employees, representatives and agents of Administrator, and each of their respective parents, subsidiaries, affiliates, and the advertising and Contest agencies involved in the administration, development, fulfillment and execution of this Contest (collectively, “Contest Entities”) and the members of each of their immediate family (i.e., spouse, parent, child, sibling, and the “steps” of each) and persons living in the same household of each are not eligible to enter or win. All applicable federal, provincial, territorial, and local laws and regulations apply. Void where prohibited or restricted by law. Participation consists of entrant’s full and unconditional agreement to these Official Rules and Administrators’ decisions, which are final and binding in all matters related to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein. Each entrant may be required to furnish proof of identification and other proof of eligibility under these Official Rules.

4. HOW TO ENTER: Entrants must have a Facebook or Instagram account in order to participate. If you do not have a Facebook account, you may sign-up for free by visiting www.facebook.com and follow the instructions to register for an account. Registration for and use of Facebook and other Facebook applications are subject to Facebook’s terms and conditions (https://www.facebook.com/legal/terms) and Administrator has no responsibility with respect to such registration or use. This Contest is in no way sponsored, endorsed or administered by, or associated with Facebook. To participate via Instagram, an entrant must have a non-private Instagram account to enter the Contest via Instagram and maintain such non-private account for at least thirty (30) days after the Contest Period ends to be eligible to win/claim a prize for notification purposes. An entrant may create an Instagram account at no cost at https://instagram.com. Creation of an Instagram account requires entrant to agree to Instagram’s Terms of Use and Privacy Policy, available at https://help.instagram.com/478745558852511 and https://help.instagram.com/155833707900388, respectively. This Contest is in no way sponsored, endorsed or administered by, or associated with Instagram.

During the Contest Period, Administrator will post sponsored advertisements about the Contest on Facebook and Instagram. The advertisements will be randomly targeted and will only show up on some Facebook and Instagram feeds. Administrator will also post about this Contest on its Facebook and Instagram pages. An entrant may visit www.frcmarketing.ca/contest (“Website”), www.facebook.com/frcmarketing (“Facebook”) or visit and follow @frcmarketing on Instagram(“Instagram”) (if he/she does not already) and look for the post about this Contest. Upon seeing one of the Instagram advertisements or posts (“Instagram Posts”) entrant must comment on the Instagram post and tag at least one additional account. Entrant will receive one (1) entry into the Contest draw provided the Entry Post complies with the requirements set out in these Official Rules. Individuals may enter the contest multiple times during the Contest Time Period in order to be entered into each Weekly Prize contest draw, with a maximum of one (1) entry per any given weekly time period (time periods further outlined in Section 5: Random Drawing)

Entry Post Requirements: All Entry Posts must comply with the following restrictions. Anything included within the Entry Post in addition to the requirements set out above must:

  • be in English or French, except for commonly understood foreign words;

  • comply with any terms of service and privacy policy set forth by the social media platform

    used to submit the entry;

  • not contain material that violates or infringes another’s rights, including, but not limited to,

    privacy, publicity or intellectual property rights or that constitutes copyright infringement;

  • be the original work of entrant;

  • not disparage Administrator or it’ services, or any other person or party;

  • not feature trademarks, logos or trade dress owned by any third party or advertise or

    promote any brand or product of any kind other than Administrator’s brand;

  • not promote any cause other than the Contest theme;

  • not include personally identifiable information (such as the entrant’s address, license plate

    number or credit card);

  • not contain material that is inappropriate, indecent, lewd, pornographic, obscene, hateful,

    tortious, defamatory, slanderous or libelous (as determined by Administrator, at

    Administrator’s sole discretion);

  • not contain, facilitate, reference or use material that promotes bigotry, racism, hatred or

    harm against any group or individual or promotes discrimination based on race, gender, ethnicity, religion, nationality, disability, sexual orientation, political orientation, citizenship, ancestry, marital status or age (as determined by Administrator at Administrator’s sole discretion);

  • not contain any viruses, spyware, malware or other malicious components that are designed to harm the functionality of a computer in any way;

  • be intended for family audience viewing and contain only content that, in the sole and unfettered discretion of the Administrator, is suitable for all persons, including persons under the age of 13; and

  • not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where entry is created.

NOTE: If any entry fails to comply with any of these Entry Requirements or any other provisions of these Official Rules, Administrators reserve the right to disqualify the entrant and void all associated entries.

Entries that do not follow the above formats may be discarded or ignored and are not eligible for this Contest. Entries received after the conclusion of the Contest Period and/or entries that contain obscene, offensive, or any language communicating messages inconsistent with the positive images to which Administrator wishes to associate will be void. Anyone found to use multiple Facebook or Instagram accounts to enter will be ineligible.

Limit: One (1) entry via Instagram per person per post during the Contest Period. Any attempt by an entrant to enter more than the number of times authorized herein, including multiple entries by the same entrant using different social network accounts, may, at the Administrator’s sole discretion, invalidate all entries submitted by that entrant for the entire Contest Period. Entries will be deemed made by the authorized account holder of the social media account that is used to submit the entry. The “authorized account holder” is the person who is assigned to the social media account by the respective online service provider (i.e., Instagram).

IMPORTANT: MESSAGE AND DATA RATES MAY APPLY IF AN ENTRANT ENTERS THIS CONTEST ON HIS/HER MOBILE DEVICE. NOT ALL MOBILE TELEPHONE/WIRELESS PROVIDERS CARRY THE SERVICE NECESSARY TO PARTICIPATE IN THIS CONTEST. ENTRANTS SHOULD CONSULT THEIR WIRELESS PROVIDER'S PRICING PLANS. MOBILE ENTRY IS NOT REQUIRED TO ENTER OR WIN THE PRIZE IN THIS CONTEST.

RANDOM DRAWING: A random draw will be conducted to select four (4) potential winners from all eligible entries received during the Contest Period. One (1) winner will be selected on each of the following dates: Tuesday, August 25 , 2020, Tuesday, September 1 ,2020, Tuesday, September 8 , 2020 and Tuesday, September 15th, 2020 at or around 2:00 PM ET in Toronto, ON. Each selected entrant is considered a potential winner pending verification of his/her eligibility and compliance with these Official Rules. Potential winners will be required to correctly answer, unaided, a time-limited skill-testing question in order to be eligible to receive a Prize.

6. PRIZE, APPROXIMATE RETAIL VALUES (“ARV”), AND ODDS OF WINNING:

A. There are four (4) Weekly Prizes (the “Prize”) available to be won, consisting of the following: One (1) Auchentoshan – Distilled Different Vinyl Album and One (1) FRC Marketing New Era Cap. The ARV of the Grand Prize is $60.

B. All costs incurred in redeeming the Weekly Prize, other than those expressly set out above, are the sole responsibility of the Weekly Prize winner. Weekly Prize must be accepted as awarded, cannot be substituted, transferred, exchanged or surrendered for cash, except at the sole and absolute discretion of the Administrator, who reserves the right for any reason, to award a substitute prize of its choosing, including without limitation, a cash award.

C. Shipped prizes (if any) shall not be insured and the Contest Administrators hall not assume any liability for lost, damaged or misdirected prizes.

D. Odds of Winning: The odds of winning the four (4) Weekly Prizes depends on the total number of eligible entries received during the Weekly Contest Period.

7. HOW TO CLAIM A PRIZE: Potential winner is subject to verification of eligibility and compliance with these Official Rules. The potential winner will be notified on Instagram by a Direct Message from @FRCMarketing with instructions on how to claim a Prize. The potential winner must respond to the Instagram Direct Message winner notification within three (3) days or they may, at the Administrator’s sole discretion, be disqualified. Potential winner will be required to correctly answer a time-limited skill-testing question in order to be eligible to receive the Grand Prize. Potential winner will be required to sign and return a Declaration of Eligibility and Liability/Publicity Release and any other requested documents within three (3) business days from the date documents are sent or the Grand Prize may be forfeited in its entirety and awarded to an alternate winner, at the Administrator’s sole and absolute discretion. If the potential winner cannot be contacted, or fails to sign and return the Declaration of Compliance, Liability and Publicity Release or provide any other requested information within the required time period (if applicable), such potential winner may forfeit the Grand Prize, at Administrator’s sole discretion, and may result in the Grand Prize being awarded to an alternate winner (subject to the same provisions as above). If a potential winner fails to correctly answer the skill testing question, such potential winner will forfeit the Grand Prize, and will result in the Grand Prize being awarded to an alternate winner. Grand Prize winner’s guests must also sign and return, within the time-frame specified by the Administrator, a Liability and Publicity Release.

The Contest Entities shall not be held responsible for any delays in awarding the Grand Prize for any reason. If the potential winner is found to be ineligible, is not in compliance with these Official Rules, declines to accept the Grand Prize, or the winner notification is returned as undeliverable or the potential winner fails to respond to a winner notification within the timeframe specified in such winner notification, or if the potential winner does not answer the initial notification, the Grand Prize may be forfeited. If the prize is forfeited for any reason, it may be awarded to an alternate potential winner, at the Administrator’s sole and absolute discretion, selected at random from the remaining pool of eligible entries, time permitting. If, after a good-faith attempt, Administrator is unable to award or deliver a Prize, the Grand Prize may not be re-awarded.

8. LIMITATION OF LIABILITY: By participating in this Contest, entrants agree the Contest Entities, and their respective officers, directors, employees, representatives, agents, successors and assigns (“Released Parties”) are not responsible for any and all liabilities, including but not limited to lost, late, incomplete, stolen, misdirected, postage due, or undeliverable postings, direct mail, e-mail notifications or postal mail; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections or availability; or garbled, corrupt or jumbled transmissions, service provider/Internet/website/UseNet accessibility, availability or traffic congestion; or any technical, mechanical, printing, or typographical or other error; or unauthorized human intervention; or inaccurate capture of Contest-related information; or the failure to capture, or loss of, any such information. The Released Parties are not responsible for any incorrect or inaccurate information, whether caused by any website users, tampering, hacking or by any of the equipment or programming associated with or utilized in the Contest and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to any Contest-related website(s). Released Parties are not responsible for any injury or damage, whether personal or property, to participants or to any person’s computer related to or resulting from participating in the Contest and/or accepting the Grand Prize. Released Parties shall not be responsible or liable for entries entered by any automated computer, program, mechanism or device; for any entries in excess of the stated limit; or for entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Official Rules, and all such entries will, at Administrator’s sole discretion, be disqualified.

If for any reason, Administrator believes the Contest is not capable of running as planned, Administrator reserves the right to cancel, terminate, modify or suspend the Contest and/or proceed with the Contest, including the selection of winners in a manner it deems fair and reasonable. Notice of such cancelation, termination, or modification of the Contest shall be posted at https://www.frcmarketing.ca/contest

By entering the Contest and to the fullest extent permissible by law, each entrant agrees: (i) to be bound by these Official Rules and by all applicable laws and by the decisions of Administrators, which shall be binding and final; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his/her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Contest; and (iv) to forever and irrevocably agree to release, defend, indemnify and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable outside legal fees) that may arise in connection with: (a) the Contest, including, but not limited to, any Contest-related activity or element thereof, and the entrant’s entries, participation or inability to participate in the Contest; (b) the violation of any third-party privacy, personal, publicity or proprietary rights; (c) typographical or printing errors in these Official Rules or any Contest materials; (d) acceptance, receipt, delivery of, possession, defects in, use, nonuse, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of the Grand Prize (or any component thereof), including travel related thereto; (e) change in the prizing (or any components thereof) due to unavailability or due to reasons beyond Administrator’s control, including, but not limited to, acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi- governmental entity (whether or not such action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened or actual terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labour dispute or strike (whether legal or illegal), labour or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot or other cause beyond any of the Released Parties’ control, or as otherwise permitted in these Official Rules; (f) any interruptions in or postponement, cancellation or modification of the Contest; (g) human error; (h) incorrect or inaccurate transcription, receipt or transmission of an Entry; (i) any technical malfunctions or unavailability of any social media platform or any telephone network, computer system, computer online system, mobile device, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider, or mail service utilized by any of the Released Parties or by an entrant; and (j) interruption or inability to access the Contest, or any other Contest-related websites or any online service via the Internet due to hardware or software compatibility problems.

WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS CONTEST, INCLUDING PRIZE COMPONENTS, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSIONS OF IMPLIED WARRANTIES, THEREFORE SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY.


9. DIPSUTES: As a condition of participating in this Contest, each entrant agrees, to the fullest extent permissible by law: (1) under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental and consequential damages, and any other damages, other than for actual out-of-pocket expenses as set forth in subsection 3 below, and any and all rights to have damages multiplied or otherwise increased; (2) this Contest is governed by the laws of the Province of Ontario, and the laws of Canada applicable therein without regard to its conflicts of law principles and any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded, shall be resolved individually, without resort to any form of class action, and exclusively before a court of competent jurisdiction located within the city of Toronto; and, (3) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred in participating in this Contest and in no event will participant be entitled to receive legal fees, or any other costs; and (4) participant shall be bound by these Contest Rules.


10. PUBLICITY RIGHTS: By participating in the Contest and/or accepting a Prize, each entrant agrees to allow Administrator and Administrator’s designee the perpetual right to use his/her name, biographical information, photos and likeness, voice recording, video images and all related footage, and statements for promotion, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered worldwide, including but not limited to on television (including live television), radio, the Internet, without notice, review or approval and without additional compensation except where prohibited by law.


11. GENERAL: Any attempted form of participation in this Contest other than as described herein is void and will result in disqualification, and if such person is selected as a potential winner, revocation of his/her Prize. Administrator reserves the right to disqualify any individual found, in its sole and absolute opinion, to be tampering with the operation of the Contest, to be acting in violation of these Official Rules or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of the Contest. Any use of robotic, automatic, macro, programmed, third-party or like methods to participate in the Contest will void any attempted participation effected by such methods and will result in the disqualification of the individual utilizing the same. CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE THE CONTEST OR TO UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE ADMINISTRATOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. If any provision of these Official Rules or any word, phrase, clause, sentence or other portion thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified

or deleted in such manner as to render the remaining provisions of these Official Rules valid and enforceable. The invalidity or unenforceability of any provision of these Official Rules or any Prize documents will not affect the validity or enforceability of any other provision. Administrator’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision and such provision shall remain in full force and effect. All entries and/or materials submitted will not be returned. In the event of any conflict with any Contest details contained in these Official Rules and the Contest details contained in any Contest promotional materials (including, but not limited to, point of sale, television and print advertising, promotional packaging and other promotional media), the details of the Contest as set forth in these Official Rules shall prevail.

Instagram is a registered trademark of Instagram, LLC. All rights reserved.

Facebook is a registered trademark of Facebook, Inc.

This Contest is in no way sponsored, endorsed or administered by, or associated with, Instagram or Facebook. You understand that you are providing your information to Administrator and not to Instagram or Facebook. Any questions, comments or complaints regarding this Contest shall be directed to Administrator and not to Instagram or Facebook.