11/21/2019
BACARDÍ NOCHEBUENA PROMOTION, 2019
PROMOTION RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. PROMOTION AVAILABLE ONLY TO ONTARIO RESIDENTS WHO ARE LEGAL DRINKING AGE, 19 OR OVER, AT THE TIME OF ENTRY. THREE PRIZES AVAILABLE, WHICH HAVE NO CASH VALUE AND ARE NOT TRANSFERABLE.
WHAT IS THE PROMOTION?
This “Promotion” is a judged promotion which provides a time-limited opportunity for eligible “Entrants” to write an essay as a way to enter and have a chance to win the right to host a private Holiday party for up to ten people one evening on November 28, 29, or 30, 2019 at a set location (as described below). The Promotion is offered during the period from 6 pm. Thursday November 21, 2019 until 12 noon on Monday November 25, 2019 (the “Promotion Period”). All times are Eastern Standard Time.
The “Sponsor” of the Promotion is Pomp & Circumstance PR Corp., of Toronto. Sponsor is the official judge and time-keeper for the Promotion. Sponsor reserves the right to cancel, terminate or modify the Promotion if it cannot be operated, conducted or completed as planned, for any reason. Bacardi Limited and Candice Kaye Design are “Suppliers” for the Promotion; neither of them is a Sponsor, and the trademarks of the Suppliers are used in Promotion marketing materials with the authorization of their respective owners.
The Promotion is subject to these Promotion Rules and by entering, each Entrant is deemed to have accepted them. The Promotion is subject to all applicable laws and void where prohibited.
WHO IS ELIGIBLE TO ENTER?
This Promotion is open only to Entrants who are legal residents of Ontario and are of legal drinking age in Ontario (at least nineteen (19) years of age) at the time of entry. Participation constitutes Entrant's full and unconditional agreement to these Promotion Rules and Sponsor's decisions, which are final and binding in all matters related to the Promotion. Eligibility is contingent upon fulfilling all requirements described in these Rules. The following individuals are not eligible to enter the Promotion: employees, independent contractors, directors and officers of the Sponsor, its agents or of either of the Suppliers; and for any of those individuals, any immediate family members or other individuals living in the same household.
HOW DO I PARTICIPATE, AND HOW WILL BE WINNER BE SELECTED?
There is no purchase necessary to enter the Promotion. At any time during the Promotion Period eligible “Entrants” may write a short (up to 250 words) description of why they feel they deserve to win the Prize (an “Entry”). Entries must be the original creative work of the Entrant and shall not include any content that would contravene the intellectual property rights or privacy rights of any person. Entries shall not include any content that the Sponsor, in its sole discretion, determines to be defamatory, profane or obscene. Entries must include the Entrant’s complete name and a reply email address, and shall be submitted before the end of the Promotion Period, by email to: [email protected]. Limit: one (1) Entry per person during the Promotion Period.
After the close of the Promotion Period, during the afternoon of Monday November 25, 2019, all of the Entries will be read and judged by the Sponsor or its agents, and a potential winning Entry selected as the most convincing Entry.
Beginning at approximately 1 pm, the selected potential winner will be notified that his/her Entry has been selected. This “Notification” will be made initially by email, using the Entrant’s contact information included with the Entry, and the potential Winner will be required to contact the Sponsor by telephone to confirm receipt of the Notification and to review and complete the additional requirements to be declared the Winner. If the potential Winner cannot be reached by telephone within one hour of the Notification email being sent, the second-ranked Entry will be identified as the potential Winner that Entrant will be notified as described above. This process will continue until a potential Winner has replied by telephone to the Sponsor and has successfully completed the additional requirements noted below.
Before a potential Winner can be declared to be the Winner, he/she will be required to complete and return to the Sponsor a “Release” confirming the Entrant’s: eligibility and compliance with these Promotion Rules including confirmation that the Entry is solely the product of his/her original creative work and it does not infringe the rights of any person; acceptance of the Prize as described in these Rules; release the Sponsor, Suppliers and the other Releasees (defined below) from any and all liability and any loss, harm, damage, cost or expense arising out of participation in the Promotion or acceptance of the Prize. The completed, signed and witnessed Release must be received by the Sponsor before the Winner will be declared as such and awarded the Prize. As the final step, the Winner will be provided with details of Prize delivery to be shared with his/her guests.
WHAT IS THE PRIZE?
There is one (1) Prize (the “Prize”) available to be won: a private party for a small group of people, including the winner and up to nine (9) friends and family as chosen by the winner, to be held during one evening between the hours of 6 p.m. to 8 p.m. on one of November 28, 29, or 30, 2019 at Casa Bacardi, a curated pop-up living room on Toronto’s trendy Ossington strip at 52 Ossington Street, Toronto. Components of the Prize include: Private access to the custom designed pop-up space; Entertainment in the form of music; Food, consisting of Cuban cuisine; Drinks, including a selection of rum-based holiday-inspired cocktails, and non-alcoholic drinks. There is no cash value for the Prize as it is not available for sale but based on its components, the approximate retail value of the Prize would be $1500. Prize is not transferrable, there will be no substitutes except as may be determined by the Sponsor is its sole discretion. Prize cannot be converted into a cash prize. Prize must be accepted as awarded. Winner and guests are responsible for any expenses not included in this description.
WHAT ARE THE ODDS OF WINNING?
The odds of winning the Prize will vary, depending on the number of eligible Entries submitted, and the quality of those Entries. There is no random draw; the Winner will be selected by the judges, on the basis of being the most convincing Entry.
WHAT OTHER TERMS APPLY?
Sponsor reserves the right to disqualify any Entry that, in the Sponsor’s sole discretion, does not comply with these Rules. In addition, in any situation where the Sponsor deems, in its sole discretion, that an Entrant has attempted to tamper with, cheat or abuse the procedures described in these Rules, including through use of programs or scripts that automate attempted Entries, or engaged in any behavior that Sponsor deems to be inappropriate, the applicable Entries will be disqualified.
The Promotion is subject to all applicable federal, provincial, and local laws and regulations and is void where prohibited by law. In the event that the operation, security, or administration of the Promotion is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, the Sponsor may, in its sole discretion, either: (a) cancel or terminate the Promotion; or (b) suspend or modify the Promotion to address the impairment and then resume the Promotion in a manner that best conforms to the spirit of these Rules. The Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with any Entries, the entry process or the operation of the Promotion or to be acting in violation of these Rules or in an unsportsmanlike or disruptive manner. Failure by the Sponsor to enforce any term of these Rules shall not constitute a waiver of that provision. In the event Sponsor is prevented from continuing with the Promotion or the integrity and/or feasibility of the Promotion is severely undermined by any event beyond the control of Sponsor, including but not limited to fire, flood, epidemic, earthquake, explosion, labour dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war, terrorist threat or activity, or any government law, order, or regulation, order of any court or jurisdiction, infection by computer virus, unauthorized intervention, technical failures or other cause not reasonably within the control of Sponsor (each a "Force Majeure" event or occurrence), Sponsor shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel or terminate the Promotion without any further obligation.
By participating in the Promotion, Entrants agree to release and hold harmless the Sponsor, the Suppliers, and their respective affiliated companies, and all of their respective officers, directors, employees, and agents (the "Releasees") from and against any claim or cause of action arising out of participation in the Promotion, related to the Prize, including, but not limited to: (a) unauthorized human intervention in the Promotion; (b) technical errors related to the delivery or receipt of any Entry, or to any computers, servers, providers, or telephone or network lines; (c) printing errors; (d) lost, late, misdirected, incomplete or undeliverable attempted Entries or Notifications; (e) errors in the administration of the Promotion or the processing of Entries; or (f) injury or damage to Winner, his/her guests, and any other persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant's participation in the Promotion or acceptance of the Prize and the invitations issued by the Winner to his/her guests. Entrant further agrees that in any cause of action, the Released Parties' liability will be limited to the cost of his/her participation in the Promotion, and in no event shall the Released Parties be liable for attorney's fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. Entrant agrees that the Released Parties have provided no warranty, representation or guarantee, expressed or implied, in fact or in law, relating to any eligibility to purchase limited-edition products Winner acknowledges that all components of the Prize are awarded as-is without warranty of any kind.
HOW WILL MY PERSONAL INFORMATION BE COLLECTED AND USED?
Entrant's personal information (name, mailing address, e-mail address(es), phone number(s) and any other personally-identifiable details or information including in an Entry, the “Personal Information”) will be collected and used by the Sponsor and its agents to administer the Promotion, to comply with all applicable legal requirements, to communicate with potential Winners, and to deliver the Prize to the Winner. None of the Personal Information will be retained for use by the Sponsor at a later date, and none of the Personal Information will be disclosed to the Suppliers or to any other third parties.
HOW WILL DISPUTES BE HANDLED?
Except where prohibited, Entrant agrees that any disputes, claims and causes of action arising out of, or connected with, the Promotion or the Prize shall be resolved individually, and exclusively by the applicable courts located in Toronto, Ontario. All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, Entrant's rights and obligations, or the rights and obligations of the Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the province of Ontario and federal law applicable therein.
QUESTIONS?
For any questions about the Promotion, please contact the Sponsor at [email protected].
