Contest Terms YETI Giveaway

Custom YETI Cooler by Chris Solcz (the “Contest”)

Official Rules and Regulations (the “Official Rules”)

This Contest is for participation only by residents of Ontario and shall be construed according to the laws of Ontario. Your entry will be immediately disqualified if you are not at least nineteen (19) years or older and a legal resident of the Province of Ontario.

1. CONTEST PERIOD: Starting on or about Monday, August 8, 2021 at 5:00 PM Eastern Standard Time (“EST”) and ending Sunday, August 21, 2021 at 11:59 PM ET (the “Contest Period“).
2. CONTEST ENTITIES: The Contest will be administered by Shiny Bud Inc. (“Shiny Bud”) and conducted from participating Shiny Bud-branded stores (each, a ”Participating Store” and, collectively, the “Participating Stores”) (collectively the “Contest Entities”). Shiny Bud does not owe any liability to any entrant in connection with any matter relating to this Contest or the Prize.
3. ELIGIBILITY: The Contest is open to legal residents of the Province of Ontario who are nineteen (19) years of age or older. The Contest is NOT open to any person who, at any time on or after the commencement of the Contest Period, was or is an employee, officer, director or agent of the Contest Entities, or any related or affiliated companies, parent, subsidiaries, agents, and advertising or promotional agencies or any person who is a family member of, or who resides in the same household as an employee, officer, director or agent of the Contest Entities, or any related or affiliated companies, parent, subsidiaries, agents, and advertising or promotional agencies.
4. HOW TO ENTER & PLAY: NO PURCHASE NECESSARY. In order to participate in the Contest, one must become a ShinyBuddy member and refer a friend into the program. For each friend referred, entrant will get (1) entry into the contest (up to a maximum of 10 entries). Entry only valid if friend accepts terms and joins the ShinyBuddy program. By participating in the Contest, each entrant agrees: (a) to be bound by these Official Rules and any interpretation thereof by Shiny Bud; (b) to release and hold harmless the Contest Entities and each of their officers, directors, employees and agents, from any and all liability, loss or damage incurred with respect to participating in the Contest or the awarding, receipt, possession, and/or use or misuse of any Prize; (c) to permit Shiny Bud to use the their name, photo, personal information, etc. as described in these Official Rules; and (d) that Contest entry constitutes your implied consent to be added as a subscriber to the Shiny Bud e-mail distribution list. Each entrant is permitted only one entry into the Contest, per Participating Store.
5. PRIZE DRAW: The prize will be randomly selected on August 22, 2021 at 12:00PM EST from all valid, eligible entries (the “Entries”) received during the Contest Period. One (1) winner will be selected for the prize. See Section 7 below for how to claim your prize.
6. NO PURCHASE NECESSARY: Purchase is not required and does not enhance an entrant’s chance of winning.
7. PRIZE: There will be (1) grand prize which includes a 65L Yeti Cooler custom designed by Chris Solcz. The approximate retail value of this prize is $500.00 (each, a “Prize”). The odds of winning the prize will be dependent on the total number of eligible entries received during the Contest Period. Prizes are not transferable and must be accepted as awarded, with no substitutions of any kind, except by Shiny Bud, who reserves the right to substitute a prize (or portion thereof) of comparable or greater value, at its sole discretion. Taxes, if any, as well as any other costs and expenses associated with prize acceptance and use not specified herein as being provided are the winner’s responsibility. All prize details are at Shiny Bud’s sole discretion.
8. HOW TO CLAIM YOUR PRIZE: Shiny Bud will attempt to contact, through electronic mail, the potential Prize winners (each, a “Potential Winner”) within forty-eight (48) hours after the close of business of the Participating Stores hosting the Contest that Monday. In order to be declared a Prize winner, the Potential Winner must comply with all terms and conditions of these Official Rules and will have to correctly answer, unaided, a time limited mathematical skill-testing question administered by Shiny Bud. The Prize will be delivered by Shiny Bud to the Potential Winner. As a condition of being declared the winner of a Prize, the Potential Winner may also be required to execute and return Shiny Bud’s form of release. If Shiny Bud does not receive a response from the Potential Winner within forty-eight (48) hours of sending its electronic mail notification or if the Potential Winner does not fully comply with the requirements set out in these Official Rules, then that Potential Winner will be disqualified and deemed to irrevocably forfeit the Prize and will have no recourse towards the Contest Entities. At the sole and absolute discretion of Shiny Bud, a new winning entry will be awarded to an alternate randomly-selected winner. All decisions of Shiny Bud made in accordance with this section are final.

The Contest Entities shall not be held responsible for any delays in awarding Prizes for any reason outside of their control. Prizes are not transferable and must be accepted as awarded, with no substitutions of any kind, except by Shiny Bud, who reserves the right to substitute the Prize (or portion thereof) of comparable or greater value, at its sole and absolute discretion. Taxes, if any, as well as any other costs and expenses associated with Prize acceptance and use not specified herein as being provided are the winner’s responsibility. All Prize details are at Shiny Bud’s sole discretion. No interest will be paid on any Prize. The Prize cannot be combined with any other promotional offer or offers provided by Shiny Bud. Any unclaimed or expired amount of a Prize will not be awarded. If a Potential Winner is found to be ineligible, declines to accept a Prize, fails to comply with the Official Rules, or in the event that a Prize confirmation or Prize is unclaimed, the Prize will be irrevocably forfeited. By participating in the Contest, all entrants consent to the use of their names, addresses, city of residence, voices, and statements relating to the Contest or Shiny Bud, and photographs or other likenesses, without further compensation, notification or permission in any publicity or advertising carried out by Shiny Bud or any related entities in any and all media now known or hereinafter developed without territorial or time limitation, except where prohibited by applicable law.

CONDITIONS OF ENTRY:

8. By entering, entrants (i) acknowledge compliance with these Official Rules including all eligibility requirements and, (ii) agree to be bound by the decisions of Shiny Bud, made in its sole discretion, which shall be final and binding in all matters relating to this Contest. Entrants who have not complied with these Official Rules are subject to disqualification. All Contest Entries obtained through unauthorized sources which are incomplete, illegible, mutilated, altered, reproduced, forgeries, irregular or fraudulent in any way or otherwise not in compliance with these Official Rules are automatically void, as determined by Shiny Bud in its sole discretion.
9. Shiny Bud is not responsible for late, lost, damaged, stolen, misdirected, mutilated, garbled, illegible or incomplete entries. All entries/submissions become the property of Shiny Bud and in no case shall be returned to the entrant.  Shiny Bud assumes no responsibility for computer system, hardware, software or program malfunctions or other errors/failures of any kind, delayed computer transmissions, network connections, or damages to participants’ computers arising out of participation in this Contest.
10. Shiny Bud reserves the right to disqualify any entrant or entitlement to a prize, if, in the sole discretion of Shiny Bud, it determines or suspects that the entrant has attempted to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other fraudulent, deceptive or unfair playing practices.
11. By entering the Contest, entrants agree: (a) to release Shiny Bud and Contest Entities, and each of their officers, directors, employees and agents, from any and all liability, loss or damage incurred with respect to participating in the Contest or the awarding, receipt, possession, and/or use or misuse of any prize; (b) that under no circumstances will entrant be permitted to obtain awards for, and participant hereby waives all rights to claim punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (c) all causes of action arising out of or connected with this Contest, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, excluding legal fees and court costs.
12. Shiny Bud and the Contest Entities do not warrant that access to the Contest will be uninterrupted. Shiny Bud and the Contest Entities are not responsible for any problems that may arise, including but not limited to (a) any errors of any kind relating to or in connection with the Contest, whether human, mechanical, clerical, electronic, or technical in nature; or (b) the incorrect or inaccurate capture of information, or the failure to capture any information in connection with the Contest. Shiny Bud reserves the right to cancel, terminate or suspend the Contest, at its sole discretion, in the event of any occurrence beyond the reasonable control of Shiny Bud that adversely affects the administration, security or other operation of the Contest.

DISCLOSURES:

13. Any attempt by an entrant or other individual, to deliberately undermine the legitimate operation of this Contest, including but not limited to any fraudulent claims, is a violation of criminal and civil laws. Should such an attempt be made, Shiny Bud reserves the right to seek remedies and damages from any such individual, to the fullest extent permitted by law, including criminal prosecution. An entrant engaging in any of the foregoing activities may be disqualified and will forfeit any prize(s) won.
14. In the event of any conflict with any Contest details contained in these Official Rules and Contest details contained in promotion materials (including but not limited to point of sale, radio, and print advertising, promotional packaging, and other promotion media), the details of the Contest as set forth in these Official Rules shall prevail.
15. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Shiny Bud in connection with the Contest, shall be governed by, and construed in accordance with, the substantive laws of the Province of Ontario without regard to Ontario conflicts of law principles. All entrants irrevocably consent and attorn to the jurisdiction and venue of the Province of Ontario.
16. 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 any 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. In particular, Shiny Bud’s employees are not authorized to waive, modify or amend any provision or provisions of these Official Rules in any manner whatsoever.
17. Personal information collected from entrants will be used by Shiny Bud for the purpose of administering this Contest and in accordance with Shiny Bud’s privacy policy which can be found at https://content.shinybud.com/privacy-policy/. Personal information may be collected, used or disclosed in jurisdictions other than Canada. Personal information that resides in jurisdictions other than Canada will be subject to the general laws of application in those jurisdictions. Shiny Bud will not sell, share or otherwise disclose personal information of entrants with third parties or agents, other than to third parties or agents engaged by Shiny Bud to fulfill the above purposes or as permitted or required by the applicable laws.