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The Smokey Joe® Social Media Contest
OFFICIAL RULES (“Official Rules”)
NO PURCHASE NECESSARY.
1. Eligibility: The Smokey Joe® Social Media Contest (the "Contest") is open to legal residents of Canada who are at least eighteen (18) years old at the time of entry and have a valid Canadian postal address. Employees of Weber-Stephen Canada Co. (“Weber”), and its parents, subsidiaries and agents, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible to participate in the Contest. The Contest is subject to all applicable federal, provincial and local laws and regulations and is void where prohibited by law.
2. Sponsor and Administrator: Weber-Stephen Canada Co., 1 Roybridge Gate, Vaughan, Ontario, L4H 4E6. This Contest is in no way sponsored, endorsed or administered by, or associated with Facebook, Instagram, and/or TikTok. Any questions, comments, or complaints regarding the Contest must be directed to Weber, and not to Facebook, Instagram, or TikTok.
3. Agreement to Official Rules: By participating in the Contest, entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of Weber, which are final and binding in all matters related to the Contest. Whether an entrant’s Submission is selected as a winner is contingent upon fulfilling all requirements set forth herein.
4. Timing: The Contest begins on April 19, 2024, at 12:00 p.m. Eastern Standard Time ("EST"), and ends on April 30, 2024, at 12:00 p.m. EST (the "Contest Period"); Weber’s computer is the official time-keeping device for the Contest. In addition to the General Conditions listed in Section 10, Weber, in its sole discretion, may terminate the Contest at any time during the Contest Period, but prior to the selection of a winner.
5. How to Enter: During the Contest Period, enter the contest on Facebook or Instagram by (1) liking Weber’s post pertaining to the Contest posted to Instagram and Facebook (the “Post”), (2) follow Weber’s TikTok page @webergrillsca, and (3) comment your TikTok handle on the Contest Post on Facebook, Instagram, or both so Weber may, in Weber’s sole and absolute discretion, follow you back on TikTok (collectively, a “Submission”). The Submissions from each of the social media platforms will be aggregated during the Contest Period to determine the pool of eligible entries (“Entry Pool”). You must continue to follow Weber on TikTok for the duration of the Contest Period to be eligible to win.
6. Selection of the Winner: The Contest will be administered by Weber and one winner will be selected at random from among the Entry Pool to be the Contest winner for a total of one (1) winner. Weber will select the winner on or about May 6, 2024, at 2:00 PM EST at Weber’s headquarters (at the address specified above). Odds of winning the Contest prizes as among the Submissions entered depend on the number of eligible Submissions received during the Contest Period.
7. Winner Requirements: Weber will notify the prize winners via Direct Message on the platform used by the potential winner to enter the Contest, either Instagram or Facebook. Weber will request that the winner confirm their acceptance of the prize and their name, address, email address and telephone number within three (3) days from the date of the initial notification from Weber. If no response is received within three (3) days, Weber will attempt to choose a different winner from the remaining Submissions in the Entry Pool. Or, in the alternative, Weber may choose to award the prize in a random drawing from among all eligible Submissions received. The prize will be awarded in accordance with applicable law, including requiring the answering of a skill testing question. The name of the winner will be announced on the Weber Facebook and Instagram page, and Weber will update the Contest Post to notify users that the Contest is closed. The winner agrees by submitting his/her Submission to accept the prize for his or her personal use, will not attempt to sale, transfer for profit any part of the prize package.
8. Prizes: (1) confirmed winner during the Contest Period will receive a Weber® Smokey Joe® Grill valued at $65.99 (ARV). Total value of the prize that may be awarded during the Contest Period: $65.99. Prizes are non-transferable and no substitution will be made (including award of cash value of prize) except as provided herein at Weber's sole discretion. Weber reserves the right to substitute the prize for one of equal or greater value if the designated prize should become unavailable for any reason. Prize may take up to 90 days to fulfill from the day of acceptance via direct message by the winner.
9. Publicity and License: Acceptance of a prize shall constitute and signify the winner's agreement and consent that Weber may use the prize winner’s name, address (city, province/territory), likeness, and/or prize information for contextual purposes worldwide, including the internet, without limitation and without further payment, notice or consideration, except where prohibited by law. Acceptance of any prize constitutes winner’s waiver of any right or interest in any photographs, interviews or other publicity materials resulting from the Contest, and the prize winner irrevocably transfers any right, title or interest in such publicity materials to Weber for its unlimited use in any medium. By submitting a Submission, entrant grants to Weber (and Weber’s licensees, affiliates, subsidiaries, agents and assigns) a fully paid-up, royalty-free, irrevocable, perpetual, sub-licensable, assignable, worldwide non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Submission in whole or in part, and otherwise exploit the Submission in all media now known or hereafter devised, throughout the universe, in any way Weber sees fit including, but not limited to, entertainment, instruction/education, promotional, advertising and/or marketing purposes for an unlimited amount of time with no compensation. In connection with all rights granted herein, Weber (and Weber’s licensees, affiliates, subsidiaries, agents and assigns) shall also have the irrevocable right to incorporate entries, in whole or in part, into other works, in any form, media or technology now known or hereafter developed. If necessary, entrant will sign any necessary documentation that may be required for Weber or its designees to make use of the non-exclusive rights entrant is granting to use the Submission.
10. General Conditions: In the event that the operation, security, or administration of the Contest is impaired in any way for any reason, including, but, not limited to, fraud, virus or other technical problem, Weber may, in its sole discretion either: (a) suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules; or (b) award the prize in a random drawing from among all eligible Submissions received up to the time of the impairment, in accordance with applicable law, including requiring the answering of a skill testing question. Weber 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 Rules or any other promotion, or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Weber reserves the right to seek damages from any such person to the fullest extent permitted by law. Weber's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Prize is subject to availability. In the event a prize is not available, Weber may in its sole discretion substitute the prize for one of equal or greater value. Otherwise, winner may not substitute the prize for any other prize, including its cash value.
11. Release and Limitations of Liability: Except where prohibited, by participating in the Contest, entrants agree to release and hold harmless Weber, Facebook, Instagram, TikTok, each of their respective parent, subsidiaries, affiliates, and their respective agents and agencies, and their respective officers, directors, employees and agents (collectively, the "Released Parties") from and against any claim or cause of action arising out of participation in the Contest or receipt or use of the prize, including, but not limited to: (a) unauthorized human intervention in the Contest; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing or typographical errors pertaining to any Submission; (d) errors in the administration of the Contest or the processing of Submissions; (e) any Contest disruptions, losses, 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 of the prize. Entrant further agrees that in any cause of action, the Released Parties' liability will be limited to the cost of entering and participating in the Contest 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. If for any reason an entrant's Submission is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant's sole remedy is another Contest Submission; provided that if it is not possible to award another Submission for any reason, Weber, at its discretion, may elect to hold a random drawing from among all eligible Submissions received up to the date of discontinuance for any prize offered herein. No more than the stated prize will be awarded.
12. Disputes: Entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Contest shall be resolved individually, without resort to any form of class action, and exclusively by the Courts of Ontario, district of Toronto, and the parties hereto irrevocably submit in any such suit, action or proceeding to the jurisdiction of said courts and waive any and all objection to such jurisdiction that they may have and any right to challenge the convenience of Ontario as an appropriate forum, (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys' fees; and (c) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Weber in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the province of Ontario and the laws of Canada applicable therein, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than the province of Ontario.
13. Privacy: Information collected from entrants is subject to Weber's Privacy Policy located at https://www.weber.com/CA/en/legal/privacy-policy/weber-33797.html
WEBER and SMOKEY JOE are registered trademarks of Weber-Stephen Products LLC. All rights reserved.