CONTEST RULES and REGULATIONS FOR
Goslings Dark Secret Cocktail Competition – Atlantic OP Bartender Contest (the “Contest”)
This Contest is administered by Goslings Ltd. (“Goslings Rum”), and Peter Mielzynski Agencies Ltd. (“PMA Canada”) (individually and collectively, the “Sponsors”). The Contest runs from 12:01 am Atlantic Time (“AT”) on June 7, 2019 to 11:59 pm AT on July 2, 2019 (the “Contest Period”). Ten (10) entrants will be selected as finalists to participate in person in the Competition Finals, which will be held at The Mercantile Social in Halifax, Nova Scotia on or around August 19, 2019, as outlined in Rule 5 below. Each selected entrant will be contacted within forty-eight (48) hours of such selection, as outlined in Rule 4 below. The Sponsors’ database computer is the official time-keeping device for the Contest.
By entering this Contest, entrants automatically agree to comply with these Contest Rules and Regulations (the “Rules”). The Sponsors have the right to refuse to award a prize to anyone whom it reasonably believes has not complied with these Rules. All decisions of the Sponsors with respect to any aspect of this Contest, including, without limitation, the eligibility of entrants, are final and binding in all matters as they relate to this Contest. The Sponsors reserve the right, in their sole discretion, to reject any entry that the Sponsors deem not to comply with these Rules.
The Sponsors encourage responsible drinking.
The Contest is open to residents of the Provinces of Nova Scotia, New Brunswick, Newfoundland & Labrador, and PEI (collectively, the “Atlantic Provinces”), who, at the time of entry, are at least nineteen (19) years old , are employed as bartenders at a licensed establishment in one of the aforementioned provinces, and hold a valid Instagram account, except: (i) employees, agents and representatives of the Sponsors, each of their affiliated companies and their advertising, promotion or other agencies (collectively, the “Contest Entities”); (ii) employees, agents and representatives of the liquor boards in the Atlantic Provinces; as well as (iii) members of the immediate family of the aforementioned employees, agents and representatives and persons with whom such employees, agents or representatives are domiciled. “Members of the immediate family” are defined as parents, siblings, children or spouse. For the purposes of this Contest, the entrant is the natural person whose name appears as the holder of the Instagram account.
2. HOW TO ENTER
To enter, entrants must create a cocktail at home (i.e. not during working hours) in compliance with the cocktail guidelines outlined below, and submit the name, recipe and a photograph of the cocktail in an Instagram post with the following hashtag: #GoslingsATLSeal. All entries must be posted by no later than 11:59 pm AT on July 2, 2019. There is a limit of one (1) entry per person, per Instagram account holder.
All cocktails and cocktail recipes submitted must comply with the following cocktail guidelines: (a) be an original creation, (b) contain Goslings Black Seal Rum, (c) contain three (3) to five (5) ingredients, plus garnish, (d) contain no more than three (3) parts of alcohol, (e) be stated in ounces (oz), (f) include a cocktail name that is not associated with the selected entrant, his/her employer or place of employment, or any third party. The cocktail name can feature the Goslings name, for the purposes of this Contest.
By participating, entrants agree that any and all Instagram posts, and any materials referring to their cocktail and/or identifying the Goslings brand will comply with the requirements prescribed by applicable liquor laws and regulations as well as any guidelines issued by liquor boards in the Atlantic Provinces, and more specifically, that they will be: (i) consistent with the principle of depicting responsible use/service of alcohol, (ii) not promote the consumption of alcohol in general, (iii) not imply that consumption of alcohol provides personal benefits (such as athletic prowess, social, professional or personal success, etc.), (iv) not appeal to minors, (v) not associate the consumption of alcohol with driving a motor vehicle or with any activity that requires care and skill, (vi) not depict motorized vehicles in motion, and (vii) not suggest illegal sale, purchase or handling of alcohol.
There is one (1) prize to be won: a Grand Prize trip for one (1) to Bermuda. Approximate retail value of the Grand Prize is Two Thousand Dollars ($2000.00). The Grand Prize includes the components described below:
- roundtrip flight in economy class for the winner to Bermuda;
- three (3) night’s accommodation at a hotel selected by the Sponsors, single occupancy (room rate and related taxes only);
- a private visit of the Gosling Family Estate; and
- the cocktail featured in the Fall or Winter edition of the NSLC Occasions Magazine and on Goslings’ various social media pages.
The following conditions apply to the Grand Prize, as described above: (a) costs and expenses, other than those expressly mentioned above, are the sole responsibility of the winner, including, but not limited to, ground transportation, airport parking fees, airline fees, checked baggage fees, excess baggage fees, insurance, taxes, meals, beverages, gratuities, in-room charges, personal expenses, incidentals, activities and the required travel documents; (b) the trip must be taken on the dates specified by the Sponsors and, in no case later than December 31, 2019, and the winner must be available on such dates, all dates being subject to change at the Sponsors’ sole discretion; (c) the winner must leave from and return to the closest international airport to the winner’s residence (as determined by the Sponsors); (d) the Sponsors will determine airline, flight itinerary and hotel accommodation in their sole and absolute discretion, (e) the Sponsors are not responsible if the winner is denied the ability to fly out of or into any particular airport, whether due to airport restrictions, lack of require travel documents or otherwise; (f) the Sponsors are not responsible for trip cancellations or delays or other changes to the trip itinerary (whether due to weather or otherwise) and by accepting the Grand Prize, the winner acknowledges and accepts such risks, and agrees that the Sponsors are only responsible for the prize components expressly mentioned in this paragraph and no additional costs or expenses that may be incurred by the winner as a result of such changes in itinerary; (g) the Sponsors will not replace any lost or stolen tickets or travel vouchers; (h) travel is subject to the terms and conditions set forth in these Rules, and those set forth by the Sponsors’ airline carrier of choice as detailed in the passenger ticket contract; and (i) all federal, provincial, municipal and local taxes on the prize value are the sole responsibility of the winner. The winner may be required to present a valid major credit card to hotel upon check-in. The actual value of each Grand Prize may vary based upon the location of the winner’s residence. Any difference between the stated approximate retail value and the actual value of the prize will not be awarded.
The prize must be accepted as awarded, without substitution and is not transferable or redeemable for cash or allowed to be sold. The Sponsors have the right to substitute the prize, in whole or in part, in the event that all or any of the components of the prize is unavailable. In the event that the winner is unable to redeem any or all of the prize components due to reasons beyond the control of the Sponsors, no cash alternative or other compensation or substitution will be provided.
In no event shall the Sponsors be held to award more prizes that what is mentioned in these Rules or to award prizes otherwise than in compliance with these Rules.
4. SELECTION OF FINALISTS AND NOTIFICATION PROCESS
Ten (10) entries will be selected from among eligible entries by a panel of judges, made up of three (3) representatives of PMA Canada, at 231 Oak Park Blvd, Oakville, Ontario on or around July 8th, 2019 between the hours of 9:00 am and 5:00 pm Eastern Time. Judging will be based on the following criteria: cocktail recipe creativity (60%), image visual appeal (30%), and accurate use of contest hashtag (10%). These selected entrants will be invited to participate in the Competition Finals for a chance to win the Grand Prize. Odds of being selected as a finalist depend upon the total number of eligible entries validly posted on Instagram, in accordance with these Rules, during the Contest Period. Attempts will be made by representatives of the Sponsors’ to contact all selected entrants by private message on the Instagram platform within forty-eight (48) hours of their selection. If a selected entrant cannot be contacted (or fails to respond or such message is returned as undeliverable) within forty-eight (48) hours following the initial attempt by the Sponsors, that selected entrant will be disqualified from the Contest and the Sponsors may, at their sole and absolute discretion, select another entrant, whom the Sponsors or their representatives shall attempt to contact, and who shall in turn be subject to disqualification. The process noted above will be repeated until a selected entrant is contacted or there are no more eligible entries, whichever comes first.
5. SELECTION OF POTENTIAL WINNER AND NOTIFICATION PROCESS
The entrants selected to participate in the Competition Finals, for a chance to win the Grand Prize, will be invited to attend the Competition Finals at the time of notification, as outlined in Rule 4 above. The Competition Finals will take place at approximately 5 p.m. AT on or around August 19, 2019 at The Mercantile Social located at 1579 Hollis Street, Halifax, Nova Scotia B3J 1V3. Selected entrants taking part in the Competition Finals will be given five (5) minutes to speak to their cocktail, mix it and serve it to the judges. Judging will be based on the following criteria: cocktail name (10%), inspiration (10%), replicability (10%), originality (10%), visual appeal (10%), aroma (10%), taste (20%), performance (10%) and technique (10%). The judging panel will be made up of six (6) individuals, including two (2) representatives of PMA Canada, one (1) representative of Goslings Rum, one (1) representative of NSLC, and two (2) consumers, selected at the discretion of the Sponsors.
Prior to the Competition Finals, selected entrants will be invited to participate in the Goslings Experience Pop Up event taking place at The Port located at 5485 Clyde Street, Halifax, Nova Scotia B3J 3T5 on or around July 29, 2019, which consists of an information/educational seminar on the Goslings brands and cocktails. Participation in this event does not increase the selected entrants’ odds of winning the Competition Finals.
Any costs and expenses incurred by the selected entrants/finalists, including without limitation travel to and from the Competition Finals, the Goslings Experience Pop Up event and any other event(s) to which the selected entrants/finalists may be invited and parking fees at such events, are the sole responsibility of the selected entrants/finalists.
Before, and as a condition of, being declared a winner and being awarded a prize, each potential winner must, within the timeframe stipulated by the Sponsors: (a) provide proof of identity and eligibility, upon request; (b) correctly answer, unaided, a time-limited mathematical skill-testing question administered by the Sponsors; and (c) sign and return to the Sponsors a declaration and release form generally confirming compliance with these Rules, acceptance of the prize as awarded without substitution, and releasing the Contest Entities from any liability whatsoever arising from or in connection with participation in the Contest, the Competition Finals or any Contest-related activity, and acceptance, use or misuse of the prize or any component thereof.
6. LIMITATION OF LIABILITY AND INDEMNIFICATION
To the extent allowed by applicable law, the Sponsors shall not be responsible or liable for, and hereby agrees to release, discharge, indemnify and hold harmless the Contest Entities from and against, any and all costs, expenses, injuries, losses or damages of any kind whatsoever, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, from: (i) participation in the Contest, the Competition Finals or any Contest-related activity, and acceptance, use or misuse of the prize or any component thereof, (ii) incomplete, lost, stolen, delayed, late, damaged or misdirected entries, (iii) any human, typographical or other error in the printing of any Contest-related materials, the administration of the Contest or the announcement of a prize, including any incorrect or inaccurate capture of information, or the failure to capture any information, (iv) any computer virus, bugs, tampering, unauthorized intervention or fraud, (v) any failure of any contest-related website during the Contest Period, (vi) any problems or technical malfunction of any telephone network or lines, computer online systems, servers, access providers, computer equipment, hardware, software, delay or failure of any email or entry to be received on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including, without limitation, any injury or damage to an entrant’s or any other person’s computer related to or resulting from accessing any contest-related website or entering or attempting to enter the Contest. Entries are subject to verification and will be disqualified if the number of entries submitted exceeds the limit set out in these Rules or if entries are incomplete, illegible, submitted by macros or other automated means, mechanically or robotically programmed or reproduced, mutilated, forged, falsified, submitted by or via third parties or syndicates, altered or tampered with in any way. Any attempt to deliberately damage any contest-related website or to undermine the legitimate operation of this Contest is a violation of criminal and civil laws and should such an attempt be made, the Sponsors reserve the right to seek remedies and damages to the fullest extent permitted by law, including criminal prosecution. The Sponsors shall assume no liability whatsoever for any situation in which their inability to act results from an event or situation unforeseeable or beyond their control, including but not limited to force majeure, a strike, lockout, or any other labour dispute at their location or the locations of the businesses whose services are used to hold this event
7. THIRD PARTIES
There are no liquor boards connected with this Contest in any manner whatsoever and the liquor boards in the Atlantic Provinces are not liable in any way whatsoever in regard to any matter which relates to this Contest. In addition, this Contest is in no way sponsored, endorsed or administered by, or associated with, the Facebook, Instagram or any other social media platform where this Contest may be promoted. You understand that you are providing your information to the Sponsors and not to the Facebook, Instagram or any other social media platform and that the latter have no liability for any element of this Contest.
8. MODIFICATION, TERMINATION OR SUSPENSION OF CONTEST
The Sponsors reserve the right, at their sole discretion, and without notice, to disqualify any entry, or to modify, terminate, or suspend this Contest or these Rules (including the modification of any dates set out herein) for no reason or for any reason whatsoever, including, without limitation, if a virus, bug, non-authorized human intervention, action of entrant(s), or other cause corrupts or impairs the administration, security, fairness, or proper play of the Contest. If the Contest is thus terminated before the designated end date, a random draw will be conducted by the Sponsors from among those eligible entries posted prior to the termination in order to select potential winners, to the extent possible.
9. LANGUAGE DISCREPANCY
In the event of any discrepancy or inconsistency between the English language version and the French language version of the Rules, as applicable, the English version shall prevail, govern and control.
10. GOVERNING LAW & VENUE
This Contest and any disputes relating thereto are governed by the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to principles of conflicts of laws, and by entering you consent to the exclusive jurisdiction of the federal and provincial courts in District of Toronto, Ontario, for resolution of any disputes relating to this Contest and waive any objection thereto to the extend allowed by applicable law.
If entrants have any questions regarding the Sponsors’ privacy policies and practices or those of their service-providers, or if entrants wish to request access to, or correction of, their personal information, you may email the Sponsors at firstname.lastname@example.org.
12. ASSIGNMENT OF INTELLECTUAL PROPERTY AND OTHER RIGHTS
By participating, entrants: (a) agree to submit to the Sponsors the name, recipe and photographs of their cocktail bearing the hashtag mentioned in Rule 2 above, as set out in these Rules; (b) acknowledge that they personally created the cocktail without the input of any third party, and that no third party holds any ownership, intellectual property, proprietary or moral rights in the cocktail or its name, recipe or photographs (including, without limitation, entrants’ employer); and (c) transfer and otherwise assign to the Sponsors all related ownership, intellectual property, proprietary and moral rights to the cocktail name, recipe and photographs as well as to any variations and/or amendments to any and all part of the cocktail name, recipe and photographs if selected as a finalist and/or declared a winner. Entrants acknowledge that they will have no claim or right to any royalties, monies or recognition of any other sort as a result of the submitted cocktail name, recipe and photographs or to any variations and/or amendments to any and all part of the submitted cocktail name, recipe and photographs, other than as expressly granted in these Rules and by the Sponsors, at their sole discretion.
Entry in this Contest and/or acceptance of a prize constitutes permission for the Sponsors and their agencies to use the name, province of residence, voice, biographical information, statements, photographs and likeness of any selected entrants, finalists or winner, as well as the name, recipe and photographs of their cocktail for 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 prohibited by law.
14. WINNERS’ NAMES
You may contact the Sponsors by sending written communications to: Goslings Rum c/o PMA Canada Ltd, 231 Oak Park Blvd, Oakville, ON, L6H 7S8. If you experience technical problems with any contest-related website or for general assistance, you may also contact the Sponsors by e-mail at email@example.com.