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Muskoka Bay Gin Gastronomy & Gardens Giveaway 2024 Rules & Regulations

OFFICIAL RULES & REGULATIONS ("Official Contest Rules")

THIS CONTEST IS OPEN ONLY TO ONTARIO RESIDENTS WHO ARE AT LEAST 19 YEARS OF AGE OR OLDER AND IS GOVERNED BY CANADIAN LAW. NO PURCHASE NECESSARY.

 

1.     Contest Sponsor(s): Muskoka Bay Resort (the "Contest Sponsor"), 1217 North Muldrew Lake Road, Gravenhurst, Ontario P1P1R2. Any questions, comments or complaints regarding the Contest must be directed to the Contest Sponsor.

 

2.     Eligibility: The Contest is open only to residents of Ontario, who are 19 years of age or older at the time of entry. Directors, officers, employees, agents and representatives of the Contest Sponsor, or of its affiliates, parent, subsidiaries and their immediate families and persons domiciled with any of the aforementioned are not eligible to enter.

 

3.     Agreement to Official Contest Rules: By participating in the Contest, you fully and unconditionally agree to and accept the Official Contest Rules, the Contest Sponsor's interpretation thereof, and the decisions of the Contest Sponsor and its Contest administrators, which are final and binding in all matters related to the Contest. Entrants further agree that Contest Sponsor, including its agents, representatives and those associated with them may communicate with entrants regarding their participation in the Contest via electronic message or otherwise.

 

4.     Contest Period: The Contest begins at 1:00 p.m. on April 18 2024, and ends at 11:59 p.m. on April 25, 2024 (the "Contest Period"). All times refer to Eastern Time throughout the Contest.

 

5.     HOW TO ENTER THE CONTEST: NO PURCHASE NECESSARY. During the Contest Period, an eligible person may enter the Contest by following @muskokabayresort and @frankferragine on Instagram, and liking the giveaway post! Bonus Entries: Tag a friend who loves gardening, craft gin and/or food! Each comment is one bonus entry. Boost your chances by sharing this post to your story!

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BY SUBMITTING AN ENTRY, YOU ARE REPRESENTING AND WARRANTING THAT YOUR ENTRY COMPLIES WITH ALL CONDITIONS STATED IN THESE OFFICIAL CONTEST RULES. YOUR REPRESENTATIONS AND WARRANTIES ARE CONTINUING REPRESENTATIONS AND WARRANTIES. THEY MUST BE TRUE AT ALL TIMES DURING THE CONTEST. THE RELEASED PARTIES (AS DEFINED IN RULE 8) WILL BEAR NO LEGAL LIABILITY, EXPRESSED OR IMPLIED, REGARDING THE USE OF THE ENTRY BY THE CONTEST SPONSOR. THE RELEASED PARTIES SHALL BE HELD HARMLESS BY YOU IN THE EVENT IT IS SUBSEQUENTLY DISCOVERED THAT YOU HAVE DEPARTED FROM OR NOT FULLY COMPLIED WITH ANY OF THE OFFICIAL CONTEST RULES.

 

6.       Prize: There will be a total of 1 prize packages (the "Prize") available to be won in this Contest. We will have a total of 1 winner (each a "Winner"). The Prizes consist of the following: One night stay for two in a hotel suite, and a ticket to the event which includes a 4 course dinner, 4 gin cocktails and an interactive session with Frank Ferragine.

 

The total approximate retail value of the Prize is CAD 580.00. Any difference between the stated and actual values will not be awarded. The Prize does not include travel expenses.

 

The Prize is subject to certain restrictions, including:

 

a)    The confirmed Winner must be a Ontario resident and be 19 years of age or older at the time of entry;

 

b)    The prize must be accepted as awarded and is not transferable, assignable and/or convertible to cash;

 

c)     If the confirmed Winner and/or his/her guest(s) do not utilize any part(s) of the Prize, then any such part(s) not utilized will be forfeited with no credit owing for any unused portion of the prize;

 

d)    The Contest Sponsor reserves the right at any time to: (a) place reasonable restrictions on the availability or use of the Prize or any component thereof; and (b) substitute the Prize or a component thereof for any reason with a prize or prize component(s) of equal or greater value without advance notice to the Winner;

 

e)    The Contest Sponsor shall not be responsible for transportation, food, beverages, incidental charges or any other expenses or liabilities that occur in accepting or using the Prize;

 

f)      All characteristics and features of the Prize (and of each Prize element), except as otherwise explicitly stated above, are at the Contest Sponsor’s sole and absolute discretion;

 

g)    The Contest Sponsor and Prize Providers will in no way be responsible or liable in the event that any part of the Prize is unavailable;

 

h)    By accepting the Prize, the confirmed Winner agrees to waive all recourse against the Contest Sponsor, (collectively "Prize Providers") relating to his/her participation in the Prize or if the Prize or a component thereof does not prove satisfactory, either in whole or in part;

7.     Odds of Winning: The odds of winning will depend on the total number of eligible entries received during the Contest Period;

 

8.     Winner Selection: A draw for the Prize will be held at 1:00 p.m. on April 26, 2024, in Gravenhurst, Ontario (the "Draw Date"), from among all eligible entries received during the Contest Period. The Contest Sponsor or its representatives will make reasonable attempts to contact the selected entrant no later than twenty-four (24) hours after the Draw Date at the email address provided in respect of their Contest Entry (the "Notification"). The selected entrant must reply to the Notification within forty-eight (48) hours of the Notification being sent, failing which the selected entrant will not be declared a Winner and will forfeit their right to the Prize. If a selected entrant is not eligible in accordance with these Official Contest Rules or does not otherwise comply with these Official Contest Rules, then the selected entrant is disqualified, will not be declared a Winner and will not receive the Prize. In any of the aforementioned circumstances, another entrant may be selected at the Contest Sponsor’s sole discretion. Such selected entrant must meet all of the eligibility criteria set out in the Official Contest Rules, and will be subject to disqualification in the same manner. Alternatively, the Contest Sponsor may, in its sole discretion, cancel the Prize.

 

To be declared a Winner, the selected entrant must: (i) meet all of eligibility criteria set out in the Official Contest Rules; (ii) correctly answer, without the assistance of any kind, the Sponsor’s time-limited, mathematical skill-testing question to be administered by phone by the Contest Sponsor; and (iii) sign and return to the Contest Sponsor within two (2) days of receipt a Prize Acknowledgement and Release Form in a form satisfactory to the Contest Sponsor, which includes a standard declaration of compliance with the Official Contest Rules and release of Contest Sponsor and their affiliated and related companies, advertising and promotional agencies, and its shareholders, directors, officers, employees, agents, representatives, successors, and assigns (collectively, the "Released Parties") from any liability in connection with the Prize or the Contest and which provides a publicity release (the "Release Forms"). The Contest Sponsor shall notify the selected entrant that they have been declared the Winner within forty-eight (48) hours of compliance of the aforementioned requirements ("Winner Declaration"). Failure to meet any of the foregoing conditions, including without limitation the failure to sign and return the Release Forms within two (2) days of receipt will result in Contest disqualification, and the selected entrant will not be declared a Winner and the Contest Sponsor may, in its sole discretion, select another entrant. The guest(s) of the Winner must also sign a release to participate in the Prize. By accepting the Prize, the winner hereby grants to the Contest Sponsor or its designated representative the authorization to photograph the Winner at the time of prize delivery and to use, display or otherwise exploit any such photographs in any manner whatsoever for the purpose of advertising or promoting the Contest.

 

9.     Prize Collection: Within ten (10) business days of the Winner Declaration, the Contest Sponsor will contact the Winner at the email address provided in the Contest Entry to arrange prize collection.

 

10.  General:

 

a.     The Contest is subject to all applicable federal, provincial and local laws and regulations. Any attempt to undermine the legitimate operations of this Contest may be a violation of criminal and civil laws.

 

b.     By participating in the Contest, the entrant consents to the Contest Sponsor and Prize Providers right to use the Winner’s name, city of residence, comments, likeness, photograph, voice and statements without further compensation in connection with any advertising and publicity carried out by or on behalf of the Contest Sponsor in relation to the Contest, in any media throughout the world in perpetuity, including without limitation the Contest Sponsor's websites and all social media accounts.

 

c.     The Contest Sponsor is not responsible for any human, print, technical, hardware, software, communication (including without limitation telephone, internet, or any other form of communication) failures of any kind, or lost or unavailable network connections or garbled or deleted computer network transmissions, or failed, incomplete, garbled entries or inaccurate capture of entry information, even if it limits the ability to participate in the Contest. Any entry that occurs after a system failure is deemed a defective entry and is void and will not be honoured. Without limiting the generality of the foregoing, the Contest Sponsor shall not be responsible for any stolen, lost, late, misdirected, damaged, incomplete, illegible entries or for the failure, for any reason whatsoever, of a selected entrant to receive a Notification or for the Sponsor to receive the Release Forms.

 

d.     The Contest Sponsor and Prize Providers are not responsible for any injury or damage to persons (including the Winner and Prize guest) or property arising from the Contest or the Prize, or which may be caused, directly or indirectly, in whole or in part, from accessing or transmitting any material from the Website or any other Contest Sponsor or Prize Providers websites or social media accounts, regardless of whether the material was prepared by the Contest Sponsor or a third party or is connected thereto by hyperlink. By entering the Contest, entrants release, discharge, indemnify and hold harmless the Contest Sponsor and Prize Providers and each of their respective parent, subsidiaries, affiliates, officers, directors, administrators, employees, shareholders, agents, advisors and insurers, from any liability, claims, or damages, demands, actions, or causes of action whatsoever (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional) which they, their heirs, successors, assigns, executors, or administrators may now or hereafter have directly or indirectly against them or any of them in respect of or relating to the Contest and/or the acceptance or use, misuse, or possession of any Prize.

 

e.     All entries must be received during the Contest Period. All entries and Prize claims are subject to verification by the Contest Sponsor and will be void if not obtained by legitimate channels, or if not original, or if obtained other than in compliance with these Official Contest Rules. The Contest Sponsor will not accept screenshots or other evidence of winning in lieu of its verification process. Proof of sending any portion of an entry or claim is not proof of receipt. Online entries must be made only by the original, manual keystrokes of the individual entrant. Use of any automated system, including robotic or form-filling software to enter or participate is prohibited and will result in disqualification of all entries by anyone using such assistance.

 

f.      All entries hereby become the property of the Contest Sponsor on entry and will not be returned. To the extent any aspect of any entry is prohibited, by law, from becoming the property of Contest Sponsor, the Entrant hereby grants the Contest Sponsor a non-exclusive licence to use all entries for any purpose. By participating in the Contest, entrants acknowledge and agree that the Contest Sponsor shall have full right and power to use, copy, publish, broadcast, display, distribute, edit, translate, alter, combine with other content, reuse, modify and adapt any or all portions of the entries in any way and for any purpose whatsoever, at any time, now or in the future, in any media now known or hereafter devised throughout the world in any manner whatsoever and for any purpose.

 

g.     The Contest Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Contest Rules or in an unsportsmanlike, unlawful, illicit or disruptive manner or with intent to annoy, abuse, threaten or harass the Contest Sponsor or its agencies, other entrants or any other third party. Without limiting the generality of the foregoing, any attempt or suspected attempt to use robotic, automatic, programmed, or otherwise illicit means to enter the Contest, or any other methods not authorized by these Official Contest Rules, shall be deemed, all in the Contest Sponsor's sole discretion, as tampering and will disqualify an entrant from entering, participating and/or winning a Prize. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and should such an attempt be made, the Contest Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. The Contest Sponsor’s failure to enforce any term of these Official Contest Rules shall not constitute a waiver of that provision.

 

h.     The Contest Sponsor reserves the right, in its sole discretion, to amend or modify these Official Contest Rules, or modify, terminate, cancel or suspend this Contest, without prior notice for any reason whatsoever, including without limitation in the event that any cause beyond the reasonable control of the Contest Sponsor corrupts, or threatens to corrupt, the security or proper administration of the Contest.  Without limiting the foregoing, if, for any reason, the Contest is not capable of running as originally planned, the Contest Sponsor reserves the right, but shall not be required, to cancel the Contest and conduct a draw from all previously received eligible Entries. The Contest Sponsor shall not be held responsible for any problems, errors or negligence that may arise or occur in connection with the Contest.

 

i.       In the event of a dispute as to any entry, the authorized account holder of the email address used to enter will be deemed to be the entrant.  The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each selected entrant may be required to show proof of being the authorized account holder, as the case may be.

 

j.       By entering this Contest, each entrant expressly consents to Muskoka Bay and its related companies and agents listed here, storing, and using the personal information submitted with his/her entry for the purpose of administering the Contest in accordance with these Official Contest Rules, receiving commercial electronic messages including announcements, promotions, newsletters, invitations to programs and events, marketing materials, and other information. This section does not limit any other consent(s) that an individual may provide the Contest Sponsor or others in relation to the collection, use and/or disclosure of their personal information.

 

k.     As between the entrant and Contest Sponsor, all intellectual property, including but not limited to trademarks, logos, designs, promotional materials, web pages, source codes, images, drawings, illustrations, slogans and representations are owned by the Contest Sponsor.  All rights are reserved. Unauthorized copying or use of any copyrighted material or other intellectual property without the express written consent of the Contest Sponsor is strictly prohibited. 

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