RULES AND REGULATIONS

Alive® Vodka “The Holiday Tree” Instagram Contest

OFFICIAL RULES AND REGULATIONS

PLEASE DRINK RESPONSIBLY

THIS CONTEST IS OPEN TO LEGAL RESIDENTS OF THE PROVINCE OF NEWFOUNDLAND AND LABRADOR, WHO ARE 19 YEARS OF AGE OR OLDER IN THE PROVINCE OF NEWFOUNDLAND AND LABRADOR AT THE TIME OF ENTRY AND IS GOVERNED BY CANADIAN LAW.

Standard data rates apply to participants who choose to participate in the Contest via a mobile device. Please contact your service provider for pricing and service plan information and rates before mobile device participation.

1. INSTAGRAM NOT INVOLVED: Alive® Vodka “Holiday Spirit” Instagram Contest (the “Contest”) is in no way sponsored, endorsed or administered by, or associated with Instagram. You understand that you are providing your information to Independent Distillers Canada Ltd. (the “Sponsor”) and not to Facebook Inc. The information you provide will only be used for the administration of this Contest and in accordance with the Sponsor’s privacy policy (see below). Instagram and Facebook Inc. are completely released of all liability by each entrant in this Contest. Any questions, comments or complaints regarding the Contest must be directed to the Sponsor and not Instagram or Facebook Inc.
2. CONTEST PERIOD: The Contest begins on December 15, 2021 at 7:00:00 am Newfoundland Standard Time (“NST”) and ends on December 21, 2021 at 11:59:59 pm NST (the “Contest Period”). The sole determinant of time for the purposes of this Contest, including receipt of an Entry, will be the Contest computer servers (“Contest computers”). Proof of transmission (screenshots or captures, etc.) or attempted transmission does not constitute proof of delivery or receipt by the Contest computers or Sponsor.
3. ELIGIBILITY: To Contest is open to: (a) legal resident of the Province of Newfoundland and Labrador; (b) residing in the Province of Newfoundland and Labrador throughout the Contest Period and until winner confirmation is completed (if applicable); (c) are 19 years of age or older at the time of entry; and (d) have a valid Instagram account. You are not eligible to enter if you are an employee, officer, director, agent or representative of the Sponsor, its affiliated and related companies (including, without limitation, its parent, sister and subsidiary companies), provincial liquor boards, provincial liquor agencies, retailers and their employees (the “Liquor Boards”), liquor licensees, the independent contest organization, advertising and promotional agencies or other party in any way involved in the development or administration of this Contest, including suppliers of materials or services related to the Contest (collectively, the “Contest Parties”), or a member of the immediate family or household of any such employee, officer, director, agent or representative. In these Official Rules, “immediate family” means mother, father, brothers, sisters, sons, daughters and/or legal or common-law spouse, regardless of where they reside. Groups, clubs, organizations, businesses and commercial and non-commercial entities cannot participate. Void where prohibited by law.
4. HOW TO ENTER: NO PURCHASE NECESSARY. MAKING A PURCHASE WILL NOT INCREASE OR OTHERWISE IMPACT YOUR CHANCES OF WINNING IN THIS CONTEST. This Contest takes place on the Instagram application (“Instagram” or the “Application”) and requires you to have a valid user account with Instagram to enter. To participate, you will need to create an Instagram account if you do not already have one. Membership on Instagram is free and registration for Instagram can be obtained by visiting instagram.com (the “Instagram Website”) and following the on-screen instructions to open an account.

• A copy of the Official Rules will be available within the Sponsor profile @AliveVodka by clicking on the bit link at the top of page. All entries must comply with the Instagram Terms of Service and Instagram Rules which can be found at Instagram.com.
• To enter:
  • From your personal Instagram account, search for Sponsor’s official Instagram account @AliveVodka;
  • Locate the “Holiday Spirit” Contest post, posted on December 15, 2021 at 7:00:00 am NST (referred as the “Contest Post”);
  • Follow @AliveVodka if you are not presently a follower;
  • Like the “Holiday Spirit” Contest Post;
  • Read the question outlined in the Contest Post (the “Question”) and provide a personalized and unique response in English;
  • Tag one (1) personal friend or family member in the comment section @ (please ensure your personal friend or family member is 19 years of age and a resident of Newfoundland and Labrador).
  • Once these actions are completed, you will be eligible to earn one (1) Entry (an “Entry”). Entries must be submitted and received during the Contest Period and in accordance with these Rules.
  • NOTE: Do not tag more than one (1) personal friend or family member in your comment section. If you wish to tag additional personal friends or family members, start a new comment and tag a new personal friend or family member along with a new and unique answer to the question posed in the Contest Post, repeat if necessary.
• IMPORTANT TAGGING RULES:
• You may only tag a personal friend or family member if you have received permission from that person to do so;
• You may only tag a personal friend with whom you have had direct voluntary two way communications, and with whom it is reasonable to conclude you have a personal relationship considering shared interests, experiences, opinions and other relevant factors; and
• You may only tag a family member to whom you are related by marriage, a common-law partnership, or parent-child relationship, and with whom you have had direct voluntary two way communications.
• By following @AliveVodka, liking the post, leaving your personal and unique answer to the question and tagging a personal friend or family member, you have agreed to these Official Rules and Regulations (the “Rules”). Remember Instagram is a public space. By way of reminder, private messages do not count as an Entry into this Contest.
• If an entrant’s Instagram account is set to “protected mode” the Entry may not be visible in the Sponsor’s inbox and thus may not be received by the Sponsor unless you previously consented to permit the Sponsor to see your Entry. The Sponsor will not be responsible for any Entry or direct messages not received and/or responded to within the required time frame because the entrant has set his/her account to “protected mode”, or for other technical reasons.

5. AGREEMENT TO BE LEGALLY BOUND BY RULES: The @AliveVodka Instagram page will contain a bit link at the top of the brands page where you can find a copy of the Rules. By: (i) following @AliveVodka; (ii) liking the Contest Post; (iii) leaving a personal and unique answer to the question; and (iv) tagging a personal friend or family member, you signifying your agreement that you have read and agree to be legally bound by the terms and conditions of these Rules.
6. SUBMISSION REQUIREMENTS:

BY SUBMITTING AN ENTRY, YOU AGREE THAT THE ENTRY (AND EACH INDIVIDUAL COMPONENT THEREOF) COMPLIES WITH ALL CONDITIONS STATED IN THESE RULES. THE RELEASED PARTIES (DEFINED BELOW) WILL BEAR NO LIABILITY WHATSOEVER REGARDING: (I) THE USE OF YOUR ENTRY (OR ANY COMPONENT THEREOF); (II) PARTICIPATION IN ANY CONTEST-RELATED ACTIVITIES; (III) ANY USE, COLLECTION, STORAGE AND DISCLOSURE OF ANY PERSONAL INFORMATION; AND/OR (IV) IF DECLARED A WINNER, OF THE PRIZE (INCLUDING ANY USE OR MISUSE OF THE PRIZE).  THE RELEASED PARTIES SHALL BE HELD HARMLESS BY YOU IN THE EVENT IT IS DISCOVERED THAT YOU HAVE DEPARTED FROM OR NOT OTHERWISE FULLY COMPLIED WITH ANY OF THESE RULES. THIS RELEASE AND INDEMNITY SHALL CONTINUE IN FORCE FOLLOWING THE TERMINATION OF THE CONTEST AND/OR AWARDING OF THE PRIZE.

Without limiting the generality of the requirements noted in Rule 4 above, an Entry must: (i) be your own personal and original answer (i.e. you cannot repeat someone else’s answer and/or copy someone else’s answer in whole or in part); (ii) be written in English; and (iii) be in accordance with these Rules and all applicable Instagram terms, policies and guidelines (collectively, the “Instagram Terms”). By participating in the Contest, each entrant hereby warrants and represents that his/her Entry (and each individual component thereof):

1. is original to him/her and that the entrant has all necessary rights for the purposes of their answer to the question in this Contest;
2. does not violate any law, statute, ordinance or regulation;
3. does not contain any reference to or likeness of any identifiable third parties, unless all necessary consents have been obtained;
4. not promote excessive or prolonged consumption of liquor or consumption of liquor generally;
5. not make any express or implied representation or claims relating to the effects of liquor consumption;
6. not include content that would appeal to persons under 19 years of age;
7. will not give rise to any claims including, without limitation, claims of infringement, invasion of privacy or publicity or infringe on any rights and/or interests of any third party;
8. not violate any law, statute, ordinance or regulation;
9. be in good taste;
10. not contain commercial messages, comparisons or solicitations for products or services other than products of Sponsor;
11. is not defamatory, trade libelous, pornographic or obscene, and further that it will not contain, include, discuss or otherwise involve, without limitation, any of the following: nudity; alcohol/drug consumption or smoking; dangerous behaviours; explicit or graphic sexual activity, or sexual innuendo; crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups (including, without limitation, any competitors of Sponsor); content that endorses, condones and/or discusses any illegal, inappropriate or risky behaviour or conduct; personal information of individuals, including, without limitation, names, telephone numbers and addresses (physical or electronic); commercial messages, comparisons or solicitations for products or services other than products of Sponsor; any identifiable third party products, trade-marks, brands and/or logos, other than those of Sponsor; conduct or other activities in violation of these Rules; and/or any other content that is or could be considered inappropriate, unsuitable or offensive, all as determined by the Sponsor in its sole and absolute discretion.

The Sponsor reserves the right to reject any entry if in the sole opinion of the Sponsor acting in its absolute discretion, the Entry is not original, is inappropriate, dangerous or would violate or offend any law, regulation, order, governmental policy, public policy or third party’s rights or could potentially expose the Sponsor to law suits (for example by containing any commercial content that promotes any product or service other than those of the Sponsor),  embarrassment, contempt, ridicule, or adverse publicity or otherwise reflect unfavourably on the Sponsor or any of its products or services.  All such Entries will be disqualified.

7. LICENSE: By entering the Contest, each entrant: (i) without limiting the applicable Instagram Terms, grants to the Sponsor, in perpetuity, a non-exclusive license to publish, display, reproduce, modify, edit or otherwise use his/her Entry (and each individual component thereof), in whole or in part, for advertising or promoting the Contest or for any other reason; (ii) waives all moral rights in and to his/her Entry in favour of the Sponsor (and anyone authorized by the Sponsor to use the Entry); and (iii) agrees to release and hold harmless the Sponsor, Contest Parties, Facebook Inc., and each of their respective officers, directors, agents, representatives, successors and assigns (collectively, the “Released Parties”) from and against any and all claims, damages, liabilities, costs, and expenses arising from participation in this Contest and/or the use of his/her Entry (and each individual component thereof), including, without limitation, any claim based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related or other cause of action whatsoever. For greater certainty and the avoidance of any doubt, the Sponsor reserves the right, in its sole and absolute discretion and at any time, to disqualify any Entry if a complaint is received with respect to the Entry or for any other reason. If such an action is necessary at any point, then the Sponsor reserves the right, in its sole and absolute discretion, to take whatever action it deems necessary based on the circumstances – including, without limitation, disqualifying the Entry (and therefore the corresponding Entry and/or the associated entrant) – to ensure that the Contest is being conducted in accordance with the Sponsor’s interpretation of the letter and spirit of these Rules. Entries will not be judged.
8. ENTRY LIMIT: There is no limit to the number of entries a person can submit however each Entry must contain one (1) personal friend or family member and a unique answer to the question. If you wish to tag an additional personal friend or family member, you must create and submit another Entry. Each Entry must have a different personal friend or family member and a different and unique answer to the question in order to quality as a valid Entry. For clarity, do not tag the same personal friend or family member, more than one (1) time in this Contest. A person may only use one (1) Instagram account to participate in the Contest, and such Instagram account may only be used by one (1) person regardless of whether the Instagram account is shared by two (2) or more people. An entrant may not submit an Entry on behalf of any other person whether living in the same household or not, including without limitation but for greater certainty, another member of his/her household. If it is discovered by the Sponsor (using any evidence or other information made available to or otherwise discovered by the Sponsor) that any person has attempted to: (i) use more than one (1) Instagram account; and/or (ii) use multiple Instagram accounts, identities, e-mail addresses, and/or any automated, macro, script, robotic or other system(s) or program(s) and/or any other means not in keeping with the Sponsor’s interpretation of the letter and/or spirit of these Rules to enter or otherwise participate in or to disrupt this Contest; then he/she may be disqualified from the Contest in the sole and absolute discretion of the Sponsor. Your Entry may be rejected if (in the sole and absolute discretion of the Sponsor) the Entry is not fully completed with all required information and submitted and received in accordance with these Rules. The Released Parties are not responsible for, and accept no liability whatsoever in relation to, any late, lost, misdirected, delayed, incomplete or incompatible Entries and/or other information (all of which is void).
9. VERIFICATION: All Entries and entrants are subject to verification at any time and for any reason. The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsor including, without limitation, government issued photo identification): (i) for the purposes of verifying an individual’s eligibility to participate in this Contest; (ii) for the purposes of verifying the eligibility and/or legitimacy of any Entry and/or other information entered (or purportedly entered) for the purposes of this Contest; and/or (iii) for any other reason the Sponsor deems necessary, in its sole and absolute discretion, for the purposes of administering this Contest in accordance with the Sponsor’s interpretation of the letter and spirit of these Rules. Failure to provide such proof to the complete satisfaction of the Sponsor within the timeline specified by the Sponsor may result in disqualification of the entrant and any or all of his/her Entries in the sole and absolute discretion of the Sponsor.
10. PRIZE AND APPROXIMATE RETAIL VALUE: There will be one (1) prize (the “Prize”) available to be won during the Contest Period. The Prize consists of a $250.00 CDN pre-paid gift card from a major credit card company as selected by the Sponsor in its sole and absolute discretion. Approximate retail value of the Prize is $250.00 CDN. NOTE: The prize is awarded to the entrant who submitted the Entry associated with the Instagram account and not to the tagged personal friend or family member. The personal friend or family member has no claim to the Prize.

The gift card is subject to the terms and conditions of the issuer and cannot be exchanged for cash or otherwise. If a purchase exceeds the value of the gift card, the winner will be responsible for any amount due which is over the value of the gift card (or the available balance at the time of purchase) (including applicable taxes). If any purchase does not exceed any gift card value, the remaining available balance will not be paid in cash to the winner but will remain on the gift card.

Without limiting the generality of the foregoing, the prize must be accepted as awarded and is not transferable, assignable or convertible to cash. No substitutions except at Sponsor’s option. Sponsor reserves the right, in its sole and absolute discretion, to substitute the prize with an item of equal or greater retail value, including, without limitation, but at Sponsor’s sole and absolute discretion, a cash award. The Prize will only be awarded to the person whose verifiable full legal name and valid e-mail address appears on the Account associated with the Entry in question. The Prize winner is solely responsible for all costs not expressly described herein. It is anticipated that the Prize will be sent to the confirmed winner’s address as indicated on his/her Contest documents within thirty (30) days of receipt of the Sponsor’s declaration and release form and confirmation of the eligible winner as a winner in accordance with these Rules. If the Prize is returned as undeliverable for any reason whatsoever, the winner will forfeit his/her Prize and the Prize will not be re-awarded nor re-delivered at a later date.

None of the Released Parties makes any representation or offers any warranty, express or implied, as to the quality or fitness of the prize awarded in connection with the Contest. To the fullest extent permitted by applicable law, the confirmed winner understands and acknowledges that he or she may not seek reimbursement or pursue any legal or equitable remedy from either the Sponsor or any of the Released Parties should the prize fails to be fit for its purpose or is in any way unsatisfactory. For greater certainty and the avoidance of any doubt, by accepting the prize, the confirmed winner agrees to waive all recourse against the Released Parties if the prize does not prove satisfactory, either in whole or in part.

11. WINNER SELECTION PROCESS AND ODDS OF WINNING: On or about December 23, 2021 (the “Draw Date”) in Toronto, ON at approximately 11:00 am Eastern Standard Time (“EST”), one (1) eligible entrant will be randomly selected from among all eligible Entries submitted and received in accordance with these Rules during the Contest Period. The odds of winning the Prize depends on the number of eligible Entries submitted and received in accordance with these Rules during the Contest Period. If for any reason there are no entries submitted during the Contest Period then the prize will not be awarded.
12. ELIGIBLE WINNER NOTIFICATION AND CONFIRMATION PROCEDURES: The eligible winner will be contacted by Instagram Direct Message originating from the @AliveVodka Instagram account by the Sponsor or one of its agents or representatives (the “DM”), within one (1) business day following the Draw Date. The eligible winner must respond to the DM within the indicated time frame as indicated within the DM message, or he/she will be disqualified without any liability to the Sponsor, and his/her eligibility to receive the prize will be forfeited and an alternate eligible winner may be randomly selected (as determined by the Sponsor in its sole and absolute discretion) from among the remaining eligible Entries received during the Contest Period unless no further entries are available then the prize will not be awarded (in which case the foregoing provisions of this section shall apply to such newly selected entrant). The Released Parties will not be responsible for failed attempts to contact an eligible winner.

NO ONE IS A WINNER UNLESS AND UNTIL THE SPONSOR OFFICIALLY CONFIRMS HIM/HER AS A WINNER IN ACCORDANCE WITH THESE RULES. BEFORE BEING DECLARED A CONFIRMED PRIZE WINNER, the eligible winner will be required to: (a) provide the Sponsor or its designated agency or representative with their full name; mailing address, province of residence, email address, and year of birth; (b) correctly answer a mathematical skill-testing question without mechanical or other aid (which may, in the sole and absolute discretion of the Sponsor, be administered online, by e-mail or other electronic means, by telephone, or in the Sponsor’s form of declaration and release); and (c) print, sign and return within three (3) business days of notification the Sponsor’s declaration and release form, which (among other things): (i) confirms compliance with these Rules; (ii) acknowledges acceptance of the prize (as awarded); (iii) releases the Released Parties from any and all liability in connection with this Contest, his/her participation therein and/or the awarding and use/misuse of the prize; (iv) agrees to the publication, reproduction and/or other use of his/her name, address (city/province), voice, statements about the Contest and/or photograph or other likeness without further notice or compensation, in any publicity or advertisement carried out by or on behalf of the Sponsor in any manner whatsoever, including print, broadcast or the internet (including, but not limited to, any social media platforms). If the eligible winner: (a) fails to correctly answer the skill-testing question; (b) fails to return the properly executed Contest documents within the specified time; (c) cannot accept (or is unwilling to accept) the Prize (as awarded) for any reason; and/or (d) is determined to be in violation of these Rules (all as determined by the Sponsor in its sole and absolute discretion); then he/she will be disqualified (and will forfeit all rights to the Prize) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to randomly select an alternate eligible entrant from among the remaining eligible Entries submitted and received in accordance with these Rules during the Contest Period (in which case the foregoing provisions of this section shall apply to such newly selected eligible winner).

13. GENERAL CONDITIONS:

• All Entries become the property of the Sponsor. This Contest is subject to all applicable federal, provincial and municipal laws. The decisions of the Sponsor with respect to all aspects of this Contest are final and binding on all entrants without right of appeal, including, without limitation, any decisions regarding the eligibility/disqualification of Entries and/or entrants. By participating in this Contest, you are agreeing to be legally bound by the terms and conditions of these Rules. ANYONE DEEMED BY THE SPONSOR TO BE IN VIOLATION OF THE SPONSOR’S INTERPRETATION OF THE LETTER AND/OR SPIRIT OF THESE RULES FOR ANY REASON IS SUBJECT TO DISQUALIFICATION IN THE SOLE AND ABSOLUTE DISCRETION OF THE SPONSOR AT ANY TIME.
• The Released Parties will not be liable for: (i) any failure of the Website, Application and/or any platform(s); (ii) any technical malfunction or other problems of any nature whatsoever, including, without limitation, those relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; (iii) the failure of any Entry and/or any other information to be received, captured or recorded for any reason whatsoever, including, but not limited to, technical problems or traffic congestion on the internet or at any website; (iv) any injury or damage to an entrant’s or any other person’s computer or other device related to or resulting from participating in the Contest; (v) anyone being incorrectly and/or mistakenly identified as a winner or eligible winner; and/or (v) any combination of the above.
• In the event of a dispute regarding who submitted an Entry, the Sponsor reserves the right, in its sole and absolute discretion, to deem the Entry to have been submitted by the authorized account holder of the Instagram account used at the time of entry. “Authorized account holder” is defined as the natural person who is assigned to an Instagram account and associated e-mail account by their selected e-mail provider. An entrant may be required to provide proof (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification) that he/she is the authorized account holder of the Instagram account and associated e-mail account with the Entry in question.
• The Sponsor reserves the right to withdraw, amend or suspend this Contest (or to amend these Rules) in any way, in the event of any cause beyond the reasonable control of the Sponsor that interferes with the proper conduct of this Contest as contemplated by these Rules, including, without limitation, any error, problem, computer virus, bugs, tampering, unauthorized intervention, fraud or failure of any kind whatsoever. Any attempt to damage any website or to undermine the legitimate operation of this Contest in any way (as determined by Sponsor in its sole and absolute discretion) may be a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law. The Sponsor reserves the right to cancel, amend or suspend this Contest, or to amend these Rules, in any way without prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind, or for any other reason whatsoever. Without limiting the generality of the forgoing, the Sponsor reserves the right, in its sole and absolute discretion, to administer an alternate test of skill as it deems appropriate based on the circumstances and/or to comply with applicable law.
• By entering this Contest, each entrant expressly consents to the Sponsor, its agents and/or representatives, storing, sharing and using the personal information submitted with his/her Entry for the purpose of administering the Contest and in accordance with Sponsor’s privacy policy (available at: https://independentdistillers.ca/terms-and-conditions/). This section does not limit any other consent(s) that an individual may provide the Sponsor or others in relation to the collection, use and/or disclosure of their personal information.
• The Sponsor reserves the right to adjust any of the dates, timeframes and/or other Contest mechanics stipulated in these Rules, to the extent deemed necessary by the Sponsor, for purposes of verifying compliance by any entrant or Entry with these Rules, or as a result of any technical or other problems, or in light of any other circumstances which, in the opinion of the Sponsor, in its sole and absolute discretion, affect the proper administration of the Contest as contemplated in these Rules, or for any other reason.
• In the event of any discrepancy or inconsistency between the terms and conditions of these English Rules and disclosures or other statements contained in any Contest-related materials, including, but not limited to: the Entry, Website, Application, point of sale, television, print or online advertising and/or any instructions or interpretations of these Rules given by any representative of the Sponsor; the terms and conditions of these English Rules shall prevail, govern and control to the fullest extent permitted by law.
• The invalidity or unenforceability of any provision of these 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 Rules shall otherwise remain in effect and shall be construed in accordance with the terms as if the invalid or illegal provision were not contained herein.
• To the fullest extent permitted by applicable law, all issues and questions concerning the construction, validity, interpretation and enforceability of these Rules or the rights and obligations of participants, Sponsor or any of the other Released Parties in connection with the Contest will be governed by and construed in accordance with the domestic laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction’s laws. The parties hereby consent to the exclusive jurisdiction and venue of the courts located in Ontario in any action to enforce (or otherwise relating to) these Rules or relating to this Contest.
• LIQUOR BOARDS/RETAILERS/ PROVINCIAL LIQUOR AGENCIES:  The Liquor Boards/Provincial Liquor Agencies are not connected with this contest in any manner whatsoever, and are not liable in any way whatsoever in regard to any matter that relates to this contest.