2023 Cactus Club Cafe x Aperol Italy Vacation Sweepstakes Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. ENTRY IN THE SWEEPSTAKES CONSTITUTES ACCEPTANCE OF THESE SWEEPSTAKES RULES (THE “SWEEPSTAKES RULES”).
The 2023 Cactus Club Cafe Italy Vacation Sweepstakes (the “Sweepstakes”) entry period begins on August 4, 2023 and ends on September 5, 2023 (the “Sweepstakes Period”).
The sponsor of the Sweepstakes is Cactus Restaurants Ltd. (“Sponsor”). By participating in the Sweepstakes, each entrant (the “Entrant”) unconditionally accepts and agrees to comply with and abide by these Sweepstakes rules (“Official Rules”) and the decisions of Sponsor, which shall be final and binding in all respects. Sponsor is responsible for the collection, submission or processing of Entries and the overall administration of the Sweepstakes.
The Sweepstakes is open to individuals residing in Canada only, excluding individuals residing in the province of Quebec, who have reached the age of majority in the province or territory in which they reside. The following individuals are not eligible to enter or win a prize: employees, representatives, agents, directors, and officers of Cactus Restaurants Ltd or Taphouse Restaurants Ltd. (“Sponsor”) and parent, subsidiary, or affiliated companies; any marketing agencies and any other parties involved in the administration of the Sweepstakes, including the prize provider (collectively, the “Sweepstakes Parties”) and each of the immediate family members of such excluded individuals (i.e., spouses, parents, children, siblings, in-laws, and, as applicable, the “steps” of each) and all persons living in the same household of each, whether or not related. The Sponsor shall have the right at any time to require proof of residence, identity and/or eligibility to participate in the Sweepstakes. Failure to provide such proof may result in disqualification. All personal and other information requested by and supplied to the Sponsor for the purpose of the Sweepstakes must be truthful, complete, accurate and in no way misleading. The Sponsor reserves the right, in their sole discretion, to disqualify any Entrant should such an Entrant at any stage supply untruthful, incomplete, inaccurate or misleading personal details and/or information.
There is one (1) prize to be won by one (1) winner (“The Prize”). The prize will be awarded in the form of a check, travel voucher/gift card, or a combination of each. Approximate retail value (“ARV”) is $15,000 CAD. The winner will be announced on or around September 8, 2023. The Prize must be accepted as awarded and cannot be transferred, assigned, substituted or redeemed for cash, except at the sole discretion of the Sponsor. The Sponsor shall not assume any liability for a lost, damaged or misdirected Prize. Any costs or expenses incurred by the winners in claiming or using their prizes will be the responsibility of the winners. Winner is solely responsible for all federal, provincial, local, or other applicable taxes associated with the acceptance and use of the prize. Odds of winning depend on the number of entries received.
HOW TO ENTER
No purchase is necessary. During the Sweepstakes Period, individuals must enter the Sweepstakes in one of three ways (each an “Entry”):
- Follow @cactusclubcafe on Instagram, then comment under the dedicated Sweepstakes post on @cactusclubcafe and tag at least one other Instagram account. Each comment with a tagged Instagram account will count as one (1) entry.
If you do not have an Instagram account, establishing an account is free. All Instagram terms apply (as applicable). Your Instagram account (as applicable) must be set to “public” in order for your entry to be eligible. You can return the applicable account to “private” any time after the winner has been announced.
- Make a reservation and visit any Cactus Club Cafe restaurant location on a Sunday or Monday during the sweepstakes period. Each visit counts as one (1) entry for the email address used for the reservation. A reservation must be made and completed in order for the entry to be valid. Cancelled reservations or no-shows will not be valid.
- Sign up for the Cactus Dish email newsletter at cactusclubcafe.com/our-story/cactus-dish-newsletter/. Each email address subscription counts as three (3) entries. Automated or robotic entries submitted by individuals or organizations will be disqualified. Internet entry must be made by the Entrant. Any attempt by Entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations, logins or any other methods, including, but not limited to, commercial contest/sweepstakes subscription notification and/or entering services, will void Entrant’s entries and that Entrant may be disqualified. Final eligibility for the award of any prize is subject to eligibility verification as set forth below. All entries must be posted by the end of the Sweepstakes Period in order to participate.
No limit on the number of entries per person during the Sweepstakes Period, regardless of entry method. All entries must be completed and received during the Sweepstakes Period. Sponsor’s computer is the official time keeping device for the Sweepstakes.
WINNER SELECTION AND NOTIFICATION
One (1) winner will be selected at random from among all eligible entries received throughout the Sweepstakes Period.
The winner will be notified in one of two ways, based on the entry method used.
- Via direct message on Instagram to the username provided
- By email through the email address used for the Sunday/Monday reservation OR used to subscribe to the Cactus Dish Newsletter
As a condition of winning, the winner must correctly answer, unaided and within a set timeframe, a skill testing mathematical question administered by a representative of the Sponsor.
If the potential winner (i) is determined to be ineligible, (ii) fails to respond to the initial verification message within one (1) week of notification or after two (2) attempts (whichever occurs first), (iii) fails to correctly answer the skill testing question, (iv) fails to return all required documentation fully executed within the specific period of time, (v) is not in compliance with these Official Rules, or (vi) declines to accept the prize, the potential winner forfeits the prize in its entirety and an alternate winner will be selected based upon a random drawing of all remaining eligible entries received during the Sweepstakes Period at Sponsor’s sole discretion. Properly claimed prizes will be awarded, but in no event will Sponsor award more prizes than provided for in the Official Rules.
LIMITATION OF LIABILITY
By participating in the Sweepstakes or accepting a prize, each entrant agrees that the Sweepstakes Parties, Instagram, Inc., and their respective parents, subsidiaries, and their respective parents, subsidiaries, affiliates, advertising agents and promotional partners, and all of their respective officers, directors, employees, representatives and agents (collectively, “Released Parties”) will have no liability whatsoever for, and shall be held harmless by entrants against, any liability, for any injuries, losses or damages of any kind, including death to persons or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of the prize (including any injury or harm resulting from use of the vehicle) or participation in this Sweepstakes.
Released Parties are not responsible for lost, late, misdirected, damaged, stolen, altered, garbled, incorrect, illegible, postage-due, mutilated, incomplete or delayed entries, emails, mail or other communications, all of which will be void. Released Parties are also not responsible for problems related to unauthorized human intervention or for technical malfunctions of electronic equipment, computer online systems, servers, or providers, computer hardware or software failures, phone lines, traffic congestion on the internet or any website, or for any other technical problems including telecommunication, miscommunication or failure, and failed, lost, delayed, incomplete, garbled, or misdirected communications, which may prevent the receipt of an entry or otherwise limit an entrant’s ability to participate in this Sweepstakes. Released Parties are not responsible for any other errors or malfunctions of any kind, whether network, printing, typographical, human or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or malfunctions which may occur in connection with the administration of the Sweepstakes, the processing of entries, the announcement of the prize or in any Sweepstakes-related materials.
As a condition of entering, each entrant agrees (and agrees to confirm in writing if requested by Sponsor) that to the fullest extent permitted by applicable law: (i) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, indirect, special, exemplary, or consequential damages and (ii) that any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs. Furthermore, as a condition of entering, each entrant agrees that submission of an Entry constitutes permission to use the entrant’s name, image, likeness, voice, biographical information, and any testimonial statement provided by entrant for purposes of advertising, marketing, and trade, in any medium in connection with the Sweepstakes, without further notice, approval, or compensation, unless prohibited by law.
By participating in the Sweepstakes, each entrant agrees to be bound by the Sweepstakes Rules. Entrants further agree to be bound by the decisions of the Sponsor, which shall be final and binding in all respects. The Sponsor reserves the right, in their sole discretion, to disqualify any entrant found to be: (a) violating the Sweepstakes Rules; (b) tampering or attempting to tamper with the entry process or the operation of the Sweepstakes; (c) violating the terms of service, conditions of use and/or general rules or guidelines of any the Sponsor’s property or service; and/or (d) acting in a disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE Sweepstakes MAY BE A VIOLATION OF CRIMINAL OR CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING BUT NOT LIMITED TO CRIMINAL PROSECUTION.
PRIVACY / USE OF PERSONAL INFORMATION
By participating in the Sweepstakes, each Entrant grants to the Sponsor the right to use and share his/her email address and preferred location (“Personal Information”) for the purpose of Sweepstakes administration and prize fulfillment, including but not limited to contacting and announcing the winner. The Sponsor will use the entrant’s Personal Information only for identified purposes, and protect the entrant’s Personal Information in a manner that is consistent with applicable privacy policies posted at cactusclubcafe.com/privacy-policy/.
All intellectual property, including but not limited to trade-marks, trade names, logos, designs, promotional materials, web pages, source code, drawings, illustrations, slogans and representations are owned by the Sponsor. All rights are reserved. Unauthorized copying or use of any copyrighted material or intellectual property without the express written consent of its owner is strictly prohibited.
The Sponsor reserves the right, in their sole discretion, to terminate the Sweepstakes, in whole or in part, and/or modify, amend or suspend the Sweepstakes and/or the Sweepstakes Rules in any way, at any time, for any reason without prior notice.
All issues and questions concerning the construction, validity, interpretation and enforceability of the Sweepstakes 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 the event of any discrepancy or inconsistency between the Sweepstakes Rules and disclosures or other statements contained in any Sweepstakes-related materials, the terms and conditions of the Sweepstakes Rules shall prevail, govern and control.
Cactus Restaurants Ltd., 201 – 550 West Broadway, Vancouver, British Columbia, Canada V5Z 1E9, email@example.com