#CactusOnDeck FCP Social Contest
Official Contest Rules
(the “Official Rules”)
The “Sponsor” is Cactus Restaurants Ltd. The Contest is in no way sponsored, endorsed or administered by, or associated with, Instagram.
The “Contest” is the #CactusOnDeck FCP Social Contest.
All times mentioned in these Official Contest Rules (the “Rules”) are Pacific Daylight Time (“PT”) unless otherwise specified. The “Entry Period” is the period that begins on May 13, 2019 at 12:00:01 a.m. PT (i.e. midnight) and ends on May 20, 2019 at 12:00:01 a.m. PT (i.e. midnight).
The Contest is open only to individuals who are: (a) legal residents of British Columbia, Alberta, Saskatchewan and Ontario; and (b) over the age of majority in Ontario; (c) located within Canada at the time of entry.
You are NOT eligible to enter the Contest if, at any time during the Entry Period you are: (a) a director, officer, employee, representative or agent of Sponsor, any of Sponsor’s parent, subsidiaries, affiliates, or service agencies, any entity engaged in the development, production or distribution of materials for the Contest, or any other entity engaged in the promotion, advertisement, administration or execution of the Contest (collectively the “Contest Entities”); or (b) the member of any immediate families (defined as parents, siblings, children, and spouses, regardless of where they live) or households (whether or not related) of any of the foregoing such persons.
The Sponsor shall have the right at any time to require proof of identity and/or eligibility to participate in the Contest. Failure to provide such proof may result in disqualification.
3. How To Enter: No Purchase Necessary
No purchase or payment is necessary to enter or win.
To enter the Contest, during the Entry Period follow @CactusClubCafe on Instagram, “like” the Contest post and @mention one (1) friend on Instagram. Upon doing so, you will automatically receive one (1) entry into the Contest (“Entry”). Only one Entry is permitted per person.
All entries shall be subject to verification and shall be null and void if they are found to not have been obtained or submitted in accordance with these Rules. Use of automated devices is prohibited; automated Entries (including but not limited to Entries submitted using any robot, script, macro or other automated service) are not permitted and may result in disqualification. By participating in the Contest, each entrant unconditionally accepts and agrees to comply with and abide by these Rules and by the decisions of the Sponsor in respect to the Contest, which decisions shall be final and binding with respect to all aspects of the Contest. In the event of a dispute as to the identity of the person who submitted an Entry, the authorized account holder of the Instagram account submitted at entry will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an Instagram account by an access provider, service provider, or other person or organization responsible for assigning e-mail addresses for the account associated with the submitted address. The potential winner may be required to show proof of being the authorized account holder.
There is one (1) prize (the “Prize”) available to be won. The Prize consists of two (2) $1,000 Flight Centre gift cards, one (1) $1,000 hotel gift card to be used toward two (2) nights of standard hotel accommodation (double occupancy) in Toronto on May 31 and June 1, one (1) $500 Pre-Paid Visa Gift Card, and two (2) entry tickets to attend the #CactusOnDeck Season Opener at Cactus Club Cafe First Canadian Place on June 1, 2019 (the “Event”).
Winner and his/her respective guest shall be responsible for any costs or expenses associated with the Prize, including but not limited to transportation to and from winner’s home residence and the designated airport, any additional transportation, taxes, travel and/or medical insurance, airport improvement and security fees, drinks, meals, gratuities and all incidental and personal expenses. Winner will be required to use a credit card at hotel check-in to cover any and all incidentals not specified as included in the Prize. Winner and his/her respective guest must travel together on the same itinerary departing from the same departure point on the dates and times required or the Prize will be forfeited. All travel arrangements and accommodations must be booked through Sponsor or its agent. Winner and his/her guest are required to follow all directions of Sponsor and/or the Event organizers; failure to do so may result in termination of their participation, or continued participation, in the Prize and/or Event. Once the itinerary has been finalized between winner and Sponsor, no changes can be made unless approved by Sponsor.
The approximate retail value of the Prize is $4,500.00 CAD (based on sample Vancouver departure). Actual value of the Prize will depend on location of winner’s residence. It is the sole responsibility of the winner and his/her respective guest to obtain all required travel documents including age identification and a valid passport (or visa, if applicable). Winner’s guest must be 19 years of age or older and both winner and his/her guest must not have any legal restrictions which would prevent them from travelling. In such an event, the winner and/or his/her guest will be solely responsible for any and all costs incurred, and the Prize will be forfeited. Winner and his/her guest will not be permitted into any licensed area unless they can show valid identification to verify proof of legal drinking age in Ontario. Sponsor does not condone and will not be held responsible for any illegal purchase or consumption of alcohol.
Prize is not transferable or assignable and must be accepted as awarded with no substitutions, in cash or otherwise, except at Sponsor’s sole discretion. Sponsor reserves the right, in its sole discretion, to substitute a Prize of equivalent monetary value if the Prize or any part cannot be awarded as described for any reason. The Sponsor will not be responsible, however, if weather conditions, Event(s) cancellations, labour disputes, any national emergency, war, civil commotion, acts of terrorism, acts of government or any agency thereof or other factors beyond Sponsor’s reasonable control prevent a Prize or any part of a Prize from being fulfilled. In any such event, a winner will not be provided with a substitute Prize or cash equivalent. If any activity relating to any part of the Prize is cancelled or postponed for any reason, the balance of the Prize may be awarded in full satisfaction of the Prize award. Prize will only be released to the verified winner. Return of any Prize/Prize notification as undeliverable may result in disqualification and selection of an alternate winner. Winner and winner’s travel companion must abide by all venue policies and Event ticket terms and conditions. Sponsor reserves the right to revoke the full or partial Prize from any winner or winner’s travel companion who it or venue personnel deem may, in its sole discretion, be intoxicated, be a safety risk, have violated any venue policy or law.
On or around May 21, 2019 at Cactus Club Cafe Head Office a random drawing will be conducted from among all eligible entries received. Cactus Club Cafe will attempt to notify the selected entrants by phone using the information provided at the time of entry. To be declared a winner of the Prize, a selected entrant must first correctly answer a mathematical skill-testing question without assistance of any kind, whether mechanical or otherwise. If a selected entrant: (i) cannot be contacted within two (2) business days of the first attempted notification; (ii) fails to correctly answer, or incorrectly answers, the skill-testing question; or (iii) fails to execute and return to Sponsor the Declaration and Release of Liability forms in the form required by the Sponsor for the selected entrant and his/her guest within the time period indicated on such forms (if applicable); and/or (iv) cannot accept the applicable Prize as awarded for any reason whatsoever, then the applicable Prize will be forfeited and the Sponsor has the right, but not the obligation, in its sole discretion and time permitting, to select an alternate eligible entrant. The odds of winning will depend on the total number of eligible entries received.
6. Limitations of Liability:
By participating in the Contest, each entrant releases and agrees to hold the Sponsor and its affiliates (the “Contest Entities”) and every director, officer, employee and agent of the Contest Entities, as well as Instagram, harmless from and against any and all costs, injuries, losses or damages (including without limitation direct, indirect, incidental, consequential or punitive damages) of any kind, due in whole or in part, directly or indirectly, to participation in the Contest or in any activity related to the Contest, the receipt, possession, use or misuse of the Prize, or any matter arising or out of otherwise relating to the Contest. The Sponsor shall not assume any liability for lost, damaged or misdirected components of the Prize.
Without limiting the generality of the foregoing, the Contest Entities are not responsible for illegible, misdirected, lost, damaged, late, incomplete or stolen entries; for any damage to an entrant’s computer system or wireless device which is occasioned by by participating in the Contest; for interrupted, inaccessible, lost, incompatible or unavailable power, networks, servers, satellites, internet service providers, wireless carriers, websites, or other connection; for availability or accessibility problems arising in connection with or over the course of the Contest or any matter related to the Contest; for miscommunications, scrambled, jumbled, failed, delayed or misdirected computer, telephone or cable transmissions, or hardware or software malfunctions, failures or difficulties; for any technical malfunctions, failures, or difficulties, printing errors or omissions clerical, typographical or other error(s) or omissions in any materials connected to Contest, communication whether written or oral, the offering or announcement of any prize or in any prize notification or email or letter; for any errors or omissions or failures of any kind, whether human, mechanical, clerical, electronic, interruption of power, or technical in nature; or, for the incorrect or inaccurate capture of information, or the failure to capture any information.
Sponsor reserves the right to correct any typographical, printing, computer programming or operator errors. In the event of any discrepancy between any printed materials and these Rules, the terms of these Rules shall govern. The Contest materials are the sole property of the Sponsor. All decisions of the Sponsor in relation to the Contest shall be final.
7. General Disclosures
A. Use of Entrant Information
By participating in the Contest, except where legally prohibited, the winner hereby agrees and grants the Sponsor the right, but not the obligation, to use his/her name, voice, and likeness, along with his/her address (city/town/village and Province/Territory) and any statements made by or attributed to such winner in any and all media (including the internet), now known or hereafter devised, in perpetuity and throughout the universe, for advertising and promotional purposes in connection with the Contest without further notice, review, approval or compensation and releases the Sponsor and all directors, officers, employees, agents, advertising and promotional agencies, representatives, service agencies and independent contractors of the Sponsor from any and all liability with respect thereto.
Entry into the Contest constitutes acceptance by each entrant with these Rules. It is each entrant’s responsibility to ensure that he/she has complied in full with all the conditions and requirements contained in these Rules. The Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering or interfering in any way with the process involved in entering the Contest or with the operation of the Contest, to be acting in violation of these Rules, or to be acting in any unsportsmanlike or disruptive manner, or with the apparent intent to disrupt or undermine the legitimate operation of the Contest, or to any, abuse, threaten or harass any other person. The Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law.
C. Termination or Modification
Sponsor reserves the right, without prior notice and at any time, to terminate the Contest, in whole or in part, or to modify, suspend or extend the Contest in any way and for any reason. Without limiting the generality of the foregoing, the Sponsor may terminate the Contest, in whole or in part, or modify, suspend or extend the Contest, if it determines, in its sole discretion, that the Contest is impaired or corrupted or that fraud or technical problems, failures or malfunctions (including, without limitation, computer viruses, glitches, or printing or production errors or omissions) have destroyed or severely undermined the proper play, integrity, and/or feasibility of the Contest.
D. Waiver and Invalidity
Sponsor’s failure to enforce any term of these Rules shall not constitute a waiver of that provision. The invalidity or unenforceability of any provision of these Rules shall not affect the validity or enforceability of any other provision. In the event that a provision is determined to be invalid or otherwise unenforceable or illegal, these Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Headings and captions are used in these Rules solely for ease of reference, and shall not be deemed or considered to affect in any manner the meaning or intent of these Rules or any provision thereof. All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules or the rights and obligations as between the entrant and the Sponsor in connection with the Contest shall be governed by and construed in accordance with the laws of the province of British Columbia and the federal laws of Canada applicable therein.
In consideration of being awarded the Prize, the winner agrees to the full extent permitted by law to participate fully and without compensation in any announcement(s) and/or presentation ceremony/ceremonies and/or event or events organized or presented by the Sponsor in its sole discretion related to the granting of the Prize. The potential winner may be required to sign a document to this effect.