Canada Day Sweepstakes: Official Rules
Cactus Club Cafe Canada Day Sweepstakes (the “Sweepstakes”)
Official Rules (the “Official Rules”)
1. Sponsor and Definitions
The “Sponsor” is Cactus Restaurants Ltd. The Sponsor in its sole and absolute discretion may engage various third parties to handle various aspects of the Sweepstakes on its behalf. In these Official Rules, where the context permits or requires, the term “Sponsor” includes those third parties.
All times mentioned in these Official Rules are Pacific Time (“PT”) unless otherwise specified. The “Entry Period” is the period that begins on June 27, 2017 at 12:00:01 a.m. PT (i.e. midnight) and ends on July 2, 2017 at 12:00:01 a.m. PT (i.e. midnight).
The Sweepstakes is open only to individuals who are: (a) legal residents of British Columbia, Alberta, Saskatchewan and Toronto; and (b) over the age of majority in his/her province of residence; (c) located within Canada at the time of entry.
You are NOT eligible to enter the Sweepstakes if, at any time on or after June 27, 2017, you are or were: (a) a director, officer, employee, representative or agent of Sponsor, any of their respective parent, subsidiaries, affiliates, or service agencies, any entity engaged in the development, production or distribution of materials for the Sweepstakes, or any other entity engaged in the promotion, advertisement, administration or execution of the Sweepstakes (collectively the “Sweepstakes 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 Sweepstakes. Failure to provide such proof may result in disqualification.
3. How To Enter
No purchase or payment is necessary to enter or win.
To enter the Sweepstakes, during the Entry Period sign up for Cactus Club Cafe’s email newsletter, the “Dish”, by way of entering your name, email address, birthdate and favourite Cactus Club Cafe restaurant location at cactusclubcafe.com/canada-day-sweepstakes (the “Website”) and consenting to receive email communications from Sponsor via checking the checkbox provided. For users who have previously signed up for the Cactus “Dish” newsletter, re-optin through the Website is required for entry. Upon such sign up or re- optin, you will automatically receive one (1) entry into the Sweepstakes (“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 Official 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 Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and by the decisions of the Sponsor in respect to the Sweepstakes, which decisions shall be final and binding with respect to all aspects of the Sweepstakes. In the event of a dispute as to the identity of the person who submitted an Entry, the authorized account holder of the e-mail address submitted at entry will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an e-mail address 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 are a total of eighteen (18) prizes available to be won, with each prize consisting of one $150 Cactus Club Cafe gift card that is valid at any Cactus Club Cafe restaurant in Canada. Each gift card is subject to the terms and conditions provided thereon. The odds of winning depend on the number of eligible Entries received. All prizes must be accepted as awarded, except Sponsor reserves the right to substitute any prize with an alternate prize of equal or greater monetary value if the prize cannot be awarded for any reason. Prizes are not transferable by the winner and may not be redeemed for cash or otherwise. Each entrant is eligible to win one prize only.
5. Prize Draws and Winner Selection
Each prize draw will be conducted at 4:00 p.m. PT (i.e. 7:00 p.m. ET) on July 4, 2017. Draws will be conducted from all eligible Entries received during the Entry Period. Three Sponsor head office staff members at 550 West Broadway, Vancouver BC, will conduct the draws. Entries will be grouped by store region (as described below), based on the store entrants have selected upon Entry. Three names will be drawn at random per region. Each selected entrant will be notified by email. As a condition of winning, selected entrants must correctly answer, unaided and within a set timeframe, a skill testing mathematical question administered by a representative of the Sponsor. If a selected entrant does not respond within 10 days of the draw, does not answer the skill- testing question correctly or is deemed ineligible for any reason, the prize will be forfeited and an alternative entry will be drawn until such prize is awarded in accordance with these Official Rules.
|Region||Cities included (# of locations)||Number of Prizes available to be won|
|Greater Vancouver||Vancouver, Langley (1), Coquitlam (1), Delta (1), Surrey (1), Burnaby (3), Richmond (1), North Vancouver (1), West Vancouver (1), Abbotsford (1)||Three (3)|
|Vancouver Island & BC Interior||Nanaimo (1), Victoria (1), Kelowna (2)||Three (3)|
|Edmonton||Edmonton (2)||Three (3)|
|Calgary||Calgary (3)||Three (3)|
|Saskatoon||Saskatoon (1)||Three (3)|
|Toronto||Toronto (1)||Three (3)|
6. Limitations of Liability
By participating in the Sweepstakes, entrants releases and agrees to hold the Sweepstakes Entities, and every director, officer, employee, agent, manager and member of any one or more of the Sweepstakes Entities, 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 Sweepstakes or in any activity related to the Sweepstakes, or due in whole or part to the receipt, possession, use or misuse of any prize. The Sponsor shall not assume any liability for lost, damaged or misdirected prizes.
Without limiting the generality of the foregoing, the Sweepstakes 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 accessing the Website, by participating in the Sweepstakes, or by redeeming or attempting to redeem a prize; for interrupted, inaccessible, lost, incompatible or unavailable power, networks, servers, satellites, internet service providers, wireless carriers, websites (including the Website), or other connection; for availability or accessibility problems arising in connection with or over the course of the Sweepstakes or any matter related to the Sweepstakes; 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 Sweepstakes, 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 Official Rules, the terms of these Official Rules shall govern. The Sweepstakes materials (including Entries) are the sole property of the Sponsor and will not be returned. All decisions of the Sponsor in relation to the Sweepstakes shall be final.
7. General Disclosures
A. Use of Entrant Information
By participating in the Sweepstakes, except where legally prohibited, each verified 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 Sweepstakes 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 Sweepstakes constitutes acceptance by each entrant with these Official 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 Official 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 Sweepstakes or with the operation of the Sweepstakes, to be acting in violation of these Official 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 Sweepstakes, 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 Sweepstakes, in whole or in part, or to modify, suspend or extend the Sweepstakes in any way and for any reason. Without limiting the generality of the foregoing, the Sponsor may terminate the Sweepstakes, in whole or in part, or modify, suspend or extend the Sweepstakes, if it determines, in its sole discretion, that the Sweepstakes 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 Sweepstakes.
D. Waiver and Invalidity
Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. The invalidity or unenforceability of any provision of these Official 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 Official 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 Official Rules solely for ease of reference, and shall not be deemed or considered to affect in any manner the meaning or intent of these Official Rules or any provision thereof. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations as between the entrant and the Sponsor in connection with the Sweepstakes 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 a prize in the Sweepstakes, each 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.