OFFICIAL CONTEST RULES

NO PURCHASE OF ANY KIND IS NECESSARY TO ENTER OR WIN.

1. SPONSOR: The Whitewater Brewing Co. Funky Fresh 90’s Throwback Photo Contest (the “Contest”) is sponsored by Whitewater Brewing Company, 78 Pembroke Street, Cobden, Ontario, K0J 1K0 (the “Sponsor”).
2. ELIGIBILITY: The Contest is open to legal residents of Ontario who are 19 years of age or older at the time of entry, with the exception of employees of the Sponsor, or parent, related and affiliated companies, subsidiaries, departments or agencies, franchisees, suppliers, advertising and promotional agencies, contest administrators, and any other parties engaged in the development, production or distribution of Contest materials and those living in the same household. By participating in this Contest, entrants acknowledge compliance with, and agree to be bound by, these Contest Rules. Entrants who do not comply with the Contest Rules are subject to disqualification by Sponsor, in Sponsor’s sole discretion.
3. CONTEST PERIOD: The Contest begins on March 20, 2023 at 5:00 p.m. EST and ends on March 31 17, 2022 at 11:59 a.m. EST (the “Contest End Date”) after which time the Contest will be closed and no further entries shall be accepted. The Sponsor’s clock shall be the sole determinant of time for the purposes of this Contest.
4. HOW TO ENTER: The Contest must be entered by posting a photo of your favourite 90’s memory to your Instagram story & tagging @whitewaterbrewingco and using #FunkyFreshSour.

 

For this Contest, receipt of an entry occurs when Sponsor's Instagram accounts records the entry.  All entries must be complete and are subject to verification by the Sponsor, in its sole discretion.  Limit 1 entries per person.

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 Contest Rules, for example, but not limited to, creating multiple accounts, identities, or registrations, all in the Sponsor’s sole discretion, shall be deemed as tampering and may disqualify you from entering, participating and/or winning a prize.  Entries that contain false or incomplete information are void.  Entries that are late, lost, stolen, illegible, contain false information, are damaged, misdirected, mutilated, garbled or incomplete, altered or otherwise irregular or that do not conform with or satisfy any or all of the conditions of the Contest Rules are void.  Entrants grant Sponsor a non-exclusive license to use all entries for any purpose. Proof of transmission (screenshots or captures, etc.) does not constitute proof of entry or receipt of an entry.

5. CONTEST PRIZE: There is one (1) prize available to be won consisting of a $45 gift card to Whitewater’s Online Store (whitewaterbeer.ca), a Whitewater Tank, & a Whitewater branded Teku glass (retail value $91.90)!

The winner assumes any and all liability for any injury or damage caused, or claimed to be caused, by entering, participating in this promotion or use or redemption of a prize.  The prize must be accepted as awarded and has no cash value.  The prize or any portion thereof cannot be combined with other discounts, promotions or special offers.  Sponsor reserves the right to substitute an alternate prize of equal or greater value if the advertised prize is unavailable at time of award.

6. ODDS OF WINNING: The odds of winning depend on the number of eligible entries received before the Contest End Date.
7. SKILL TESTING QUESTION: Selected Entrants will be required, as a condition to winning the prize, to correctly answer, without assistance of any kind, the Sponsor’s time-limited, mathematical skill-testing question administered at the time of entering the contest.
8. WINNER SELECTION AND CONFIRMATION: On March 31, 2024 at 12:00 pm EST at 78 Pembroke Street, Cobden, Ontario (“Draw Date”) the potential winner (the “Selected Entrant”) will be selected by committee among all eligible entries.

No correspondence will be entered into with entrants except the Selected Entrant.

The Selected Entrant will be notified within one (1) business day of the draw and will be contacted by email at the email address provided at the time of entry into the Contest.  A Selected Entrant that does not or cannot accept the Prize may be forfeited and a new Selected Entrant selected by random draw, in the Sponsor’s sole discretion. Sponsor is not responsible for the failure for any reason whatsoever of a Selected Entrant to receive notification or for the Sponsor to receive a Selected Entrant’s response. If the Selected Entrant does not reply within five (5) business days from the first attempt at contact, that entrant will be disqualified and another entrant will be randomly selected from remaining eligible entries.

In order to be declared a winner, a Selected Entrant will be required to first: (i) have correctly answered the Sponsor’s mathematical skill-testing question without mechanical or other assistance; (ii) complete, sign and return the Sponsor’s Declaration of Eligibility and Liability/Publicity Release form within seven (7) days of receipt; and (iii) comply with all other Contest Rules, all in the sole discretion of Sponsor. If a Selected Entrant fails to correctly answer the skill-testing question in the manner prescribed, does not complete, sign and return the Sponsor’s Declaration of Eligibility and Liability/Publicity Release form within the time specified, or is otherwise not in compliance with these Contest Rules, the Sponsor reserves the right to disqualify that entrant and to select another entrant to be eligible for the Prize from remaining eligible entries, in which case the foregoing process will be followed for that selected entrant.

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) for eligibility to claim a Prize. Failure to provide such proof in a timely manner may result in disqualification.

If the identity of a Selected Entrant is disputed, the entry will be deemed to have been submitted by the Authorized Account Holder (the individual assigned to the email address provided when entering the Contest).  Each Selected Entrant may be required to provide proof that he/she is the Authorized Account Holder associated with the selected entry.

9. RELEASE AND INDEMNIFICATION: By entering the Contest, participants agree to abide by these Contest Rules and the decisions of the Sponsor, which are final and binding. 

The winner must sign the Sponsor’s Declaration of Eligibility and Liability/Publicity Release form to: (i) confirm compliance with the Contest Rules; (ii) agree to accept the prize as awarded; (iii) release, discharge and hold harmless the Sponsor, its departments and agencies, parent, related and affiliated companies, subsidiaries, franchisees, advertising and promotional agencies, counsel, marketing partners, and each of their respective directors, officers, employees, shareholders, successors, sponsors, partners, licensees, subsidiaries, agents, artists, advisors, assignees, and all others associated with the administration, development and execution of the Contest, Facebook, Instagram and YouTube (the “Released Parties”) from and against any and all manner of action, cause of action, claim or demand, loss or injury, use or misuse of a prize or any travel related thereto, and the use of the Entry by the Sponsor, suit, debt, covenant, contract, including legal fees and expenses, whatsoever, including but not limited to, claims based on negligence, breach of contract and fundamental breach, failure of any third party contractor or supplier used in connection with any aspect of the Contest to perform or deliver any goods or services, any act of God or any other event beyond the Released Parties’ control, any dissatisfaction of any kind by a winner with any aspect of the Contest or any prize, liability for physical injury, death, or property damage which the entrants, guests, their heirs, successors or assigns have, might have or could have suffered, by reason of or arising out of the entrant’s participation in the Contest and/or in connection with the acceptance and/or exercise by the entrant of the Prize as awarded; and (iv) indemnify the Released Parties against any loss, damage or expense, including legal fees, that any of the Released Parties may suffer or incur as a result of any non-compliance by an entrant with any of the Contest Rules or participation in the Contest and/or in connection with the acceptance and/or exercise by an entrant of a prize and the use of the Entry by Sponsor.

The Sponsor is not responsible for: (i) incorrect or inaccurate entry information which may affect a person’s ability to participate in the Contest or be awarded a prize, including but not limited to human error, technical malfunctions, lost or delayed entries for any reason, mail failures, omission, or any combination thereof, and entries which fail to fully comply with these Contest Rules; (ii) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (iii) lost, incomplete, delayed, mutilated or misdirected entries or Declaration and Release forms; (iv) injury or damage to the entrant’s computer or to any other individual’s computer related to or resulting from participating in, or downloading any material regarding the Contest or accepting a prize; (v) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use or misuse of any prize, including any travel related thereto and the use of the Entry by Sponsor; (vi) the security or privacy of information transmitted via computer networks or for breaches of privacy due to interference by third party computer “hackers” or otherwise; or (vii) late, lost, misdirected or unsuccessful efforts to notify a potential winner.

10. OTHER CONDITIONS: The Sponsor reserves the right, in its sole and absolute discretion, to withdraw, amend or suspend this Contest (or to amend these Contest Rules) at any time and in any way, without prior notice, including without limitation in the event that any cause beyond the reasonable control of the 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 for any reason, the Sponsor reserves the right to cancel the Contest and conduct a random draw from all previously received eligible entries received by the Contest End Date.

Social media: The Contest is in no way sponsored, endorsed, administered by, or associated with Facebook or Instagram or YouTube. You understand that you are providing your information to the Sponsor and not to Facebook or Instagram or YouTube. Facebook and Instagram and YouTube are completely released from all liability by each entrant in this Contest. Any questions, comments or complaints regarding the Contest must be directed to the Sponsor and not Facebook or Instagram or YouTube. Entries which do not comply with YouTube Community Guidelines will be disqualified.

Privacy: By entering this Contest, you consent to the collection, use and disclosure of your personal information as necessary to administer the Contest, and, only if consent is actively given at the time of entry, to be contacted with marketing information and information regarding upcoming promotions and/or events from the Sponsor and/or Whitewater Brewing Company. 

If you have any questions regarding the collection, use or disclosure of your personal information by the Sponsor, please contact: Tristan Weedmark at (613) 646-0005. For more information regarding the manner of collection, use and disclosure of personal information by the Sponsor, please refer to Whitewater Brewing Company’s privacy policies, available at www.whitewaterbeer.ca/privacy.

Law: The Contest is void where prohibited by law and is subject to all applicable Canadian federal, provincial, territorial, municipal, and local laws. This Contest shall be governed exclusively by the laws of the Ontario, including all issues and questions concerning the construction, validity, interpretation and enforceability of these Contest Rules, rights and obligations between entrants and the Sponsor, and procedural provisions, without giving effect to any choice of law or conflict of law rules.  Any litigation must be commenced in the City of Ottawa, Ontario.

Intellectual Property: 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 Sponsor.  All rights are reserved.  Unauthorized copying or use of any copyrighted material or other intellectual property without the express written consent of the Sponsor is strictly prohibited. 

Entry via wireless mobile device: If you enter the Contest via a wireless mobile device, standard data use and service rates may apply which vary according to your mobile device package and mobile service provider. Please contact your mobile service provider for details before participating in this Contest using a mobile device.