STANDARD CONTEST RULES

THE FOLLOWING RULES ARE THE STANDARD TERMS AND CONDITIONS RELATED TO THE CONTESTS AND GIVEAWAYS (BOTH “CONTEST” AND “CONTESTS”) CREATED, MARKETED AND MANAGED BY Fairway Market (owner and operator of the Fairway Market Website (“Site”) and Mobile Application “App”). CONTESTS ARE INTENDED TO BE CONDUCTED IN CANADA ONLY AND SHALL BE CONSTRUED AND EVALUATED ACCORDING TO APPLICABLE CANADIAN LAW. NO PURCHASE IS NECESSARY. VOID IN WHOLE OR IN PART WHERE PROHIBITED BY LAW. ENTRY IN THE CONTESTS CONSTITUTES ACCEPTANCE OF THESE CONTEST RULES (THE “CONTEST RULES”).

1. ELIGIBILITY

To be eligible to enter a Contest, an individual must:

(a) be a legal resident of, and the age of majority in the country of Canada;

(b) if applicable, be the sole owner of all right, title and interest (including copyright) in and to the Work (as defined below) submitted in connection with the Contest; and

(d) at the discretion of Fairway Market and its prize partners reside within 25 km of a Fairway Market store location

Employees of Fairway Market together with its external parties such as third-party technical service providers, hosting providers, IT companies, communications agencies and Contest prize providers (all such entities being individually and collectively referred to hereafter as the “Sponsors”), and/or a household member of any of the above are not eligible to enter or participate in the Contests.

Fairway Market and the sponsors retain the right at any time to require proof of identity and/or eligibility to participate in the contests. Failure to provide such proof may result in disqualification. All personal and other information requested by and supplied to Fairway Market and the Sponsors for the purpose of the Contests must not be misleading and should be truthful, complete, and accurate. Fairway Market and the Sponsors reserve the right, in their sole discretion, to disqualify any entrant should such an entrant at any stage supply untruthful, incomplete, inaccurate, or misleading personal details and/or information.

2. CONTEST PERIODS

Each Contest entry period (each a “Contest Period”) shall start and end as announced on the Fairway Market website and/or their App available from the Apple App and Google Play store. After the Contest is closed, no other entries will be accepted.

3. HOW TO ENTER

(a) No purchase is necessary to enter a Contest. To enter, download and visit the mobile application and/or visit the Contest Website. Enter the Contest as instructed on the Mobile Application and/or Contest Website. Entries must be received prior to the end of a Contest’s applicable Contest Period to be eligible for entry into that Contest.

(b) Limit of one (1) entry per person per Contest Period, unless otherwise indicated. In the case of multiple entries, only the first eligible entry will be considered. The remainder will be void.

(c) All entries, including, the written submission and/or photograph and/or video submitted to the Contest become the sole property of Fairway Market and/or the Sponsors and will not be returned for any reason. Entries must be received before the posted Contest period entry deadline. Entries are invalid if they are late, incomplete, or forged. There will be no communication exchanged with entrants with the exception of those selected as Contest winners.

(d) Each entrant agrees that their submissions in connection with the Contest can be posted on the Fairway Market, the Sponsors and/or Prize Donors owned or controlled websites, apps, viewing galleries and/or social media platforms. Each entrant warrants that: (i) the Entry does not contain any material that is libellous, defamatory, profane or obscene; (ii) the Entry is original and all right, title, and interest (including copyright) is owned and/or controlled by the entrant to allow Fairway Market and/or the Sponsors and/or Prize Donors to use the Entry as contemplated by these Contest Rules; and (iii) the Entry does not infringe upon the intellectual property or other statutory or common law rights of any third party.

(e) Entries received online are deemed to be provided by the authorised account holder of the e-mail address, mobile application account, Facebook, Twitter, Instagram, YouTube or any other social media platform currently or in the future operating. For the purposes of these Contest Rules, “authorised account holder” is defined as the natural person assigned and associated with an e-mail address, mobile application, Facebook, Twitter, Instagram, YouTube or any other Social Media platform currently or in the future operating account. All or some selected entrant may be required to provide Fairway Market and/or the Sponsors and/or Prize Donors with proof that the selected entrant is the authorised account holder of the e-mail address, mobile application, Facebook, Twitter, Instagram, YouTube or any other social media platform currently or in the future operating account associated with the winning entry.

4. PRIZES

(a) Individual Contest prize shall have an approximate retail value between one Canadian dollar (CDN $1.00) and ten thousand Canadian dollars (CDN $10,000.00) and shall be announced and described on the fairway Market, and/or the Sponsors and/or Prize Donors Website, and/or mobile application, Facebook, Twitter, Instagram, YouTube or any other social media platform currently or in the future operating account at the beginning of each Contest Period. Winner(s) are not entitled to receive the difference between the actual prize value and the approximate prize value. Winner(s) will be solely responsible for any expense not explicitly included in the prize.

(b) Winner(s) will be contacted by Fairway Market and/or the Sponsors and/or Prize Donors with instructions on how to claim the prize.

(c) Prize(s) must be accepted as awarded and cannot be transferred, assigned, substituted or redeemed for cash, except at the sole discretion of Fairway Market and/or the Sponsors and/or Prize Donors. Any portion of the prize not used will be forfeited and have no cash value. Fairway Market and/or the Sponsors and/or Prize Donors reserve the right, in their sole discretion, to substitute a prize of equal or greater value if a prize (or any portion of it) cannot be awarded for any reason.

(d) Fairway Market and/or the Sponsors and/or Prize Donors are not responsible and carry no liability for a lost, damaged or misdirected prize.

5. WINNER SELECTION

(a) After the last day of the Contest, Fairway Market and/or the Sponsors and/or Prize Donors will select one (1) entrant or more based on the number of prizes available to be won by random draw from all eligible entries received during the Contest Period, unless indicated otherwise. Each entrant shall be eligible to win only one (1) prize unless indicated otherwise. The odds of winning are dependent upon the number of eligible entries received for the Contest. Any entries for a specific Contest are null and void for future contests.

(b) Before being declared a winner, drawn Contest participant(s) are required to answer correctly, without assistance of any kind, a time-limited mathematical skill-testing question that will be administered during a telephone call or by e-mail. Contest winners may be required to sign and return a Release as outlined below.

(c) If the selected entrant does not respond by the time indicated in the notification, they will be disqualified with no prize awarded to them. Another entrant may be selected as determined by Fairway Market and/or the Sponsors and/or Prize Donors until an entrant satisfies all terms and conditions set out in this Contest Rules documentation. Fairway Market and/or the Sponsors and/or Prize Donors are not responsible for any entrant or winners’ failure for any reason to receive notification or for Fairway Market and/or the Sponsors and/or Prize Donors to receive a selected entrant or winners’ response.

(d) If there are any errors relating to the entry process, drawing or any other aspect of a Contest and/or there are more selected entrants than contemplated in these Contest Rules, a random draw amongst all eligible prize claimants will be conducted to award the correct number of prizes.

6. RELEASE

Winner(s) and any others deemed affiliated by Fairway Market and/or the Sponsors and/or Prize Donors may be required to execute review and sign a legal agreement and release (“Release”) that confirms his, her, or their: (i) eligibility for the Contest and compliance with these Contest Rules; (ii) acceptance of the prize as offered; (iii) release of the Fairway Market and/or the Sponsors and/or Prize Donors, if applicable, Facebook, Twitter, Instagram, YouTube or any other social media platform currently or in the future operating, subsidiaries, affiliates and/or related companies and all their employees, directors, officers, suppliers, agents, administrators, licensees, representatives, advertising, media buying and promotional agencies (collectively, the “Releasees”) from any and all liability for any loss, harm, damages, cost or expense arising out of participation in the Contest, participation in any Contest-related activity or the acceptance, use, or misuse of any prize, including but not limited to costs, injuries, losses related to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light, or from any and all claims of third parties arising therefrom; and (iv) grant to the Facebook, Twitter, Instagram, YouTube or any other social media platform currently or in the future of the unrestricted right to produce, reproduce, convert, publish, broadcast, communicate by telecommunication, exhibit, distribute, translate, adapt, and otherwise use or re-use the submitted Work, his or her name, image, likeness, comments, voice and/or biography in any and all media now known or hereafter devised in connection with publicity related to the Contest. The executed Release(s) must be returned within two (2) business days of the date indicated on the accompanying letter of notification or verification as a winner, or the selected individual(s) will be disqualified and any rights he or she may have to the prize will be forfeited.

7. INDEMNIFICATION BY ENTRANT

By entering the Contest, each entrant releases and holds Releasees harmless from any and all liability for any injuries, loss or damage of any kind to the entrant or any other person, including personal injury, death, or property damage, resulting in whole or in part, directly or indirectly, from: (a) their participation in the Contest or any Contest-related activity; (b) the acceptance, use, or misuse of any Prize; or (c) any breach of the Contest Rules. Each entrant agrees to fully indemnify Releasees from any and all claims by third parties relating to the entrant’s participation in the Contest, without limitation.

8. RIGHTS CLEARANCE

By providing the entry to the Fairway Market and/or the Sponsors and/or Prize Donors in connection with the Contest (if applicable), each entrant shall retain all right, title and interest (including copyright) in and to the Work, and shall grant to Fairway Market and/or the Sponsors and/or Prize Donors a worldwide, gratuitous, irrevocable, and exclusive licence to copy, use, modify, reproduce, display, adapt and transmit the Entry for use in all media now known or hereafter devised in perpetuity beginning on the date of entry, including, but not limited to, in connection with the administration, promotion and exploitation of the Contest. The entrant confirms that the Entry original work, solely created by the entrant, and that no third party participated as an author, co-author, photographer or otherwise in the creation of the Entry or any part thereof. Fairway Market and/or the Sponsors and/or Prize Donors assume no responsibility for any claims of infringement of rights to copyright, privacy and/or personality, and all such liability remains with the entrant. In addition, each entrant represents to Fairway Market and/or the Sponsors and/or Prize Donors that the Entry does not infringe any copyright interest of any third party and that the Entry is not defamatory or obscene and does not violate any laws relating to hate speech or otherwise. Fairway Market and/or the Sponsors and/or Prize Donors reserve the right to exclude any Work on the basis of concerns relating to the rights of third parties, including but not limited to privacy, copyright, defamation, rights of personality, obscenity or hate speech, as determined by Fairway Market and/or the Sponsors and/or Prize Donors in their sole discretion.

9. LIMITATION OF LIABILITY

Fairway Market and/or the Sponsors and/or Prize Donors assume no responsibility or liability for lost, late, unintelligible/illegible, falsified, damaged, misdirected or incomplete entries, notifications, responses, replies or any Release, or for any computer, online, software, telephone, hardware or technical malfunctions that may occur, including but not limited to malfunctions that may affect the transmission or non-transmission of an entry. Fairway Market and/or the Sponsors and/or Prize Donors are not responsible for any incorrect or inaccurate information, whether caused by website users or by any of the equipment or programming associated with or utilised in the Contest or by any technical or human error which may occur in the administration of the Contest. Fairway Market and/or the Sponsors and/or Prize Donors assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, entries. Fairway Market and/or the Sponsors and/or Prize Donors assume no responsibility or liability in the event that the Contest cannot be conducted as planned for any reason, including those reasons beyond the control of Fairway Market and/or the Sponsors and/or Prize Donors, such as acts of nature, computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures, or corruption of the administration, security, fairness, integrity or proper conduct of this Contest and/or the Contest Website and Mobile Application.

10. CONDUCT

By participating in a Contest, each entrant agrees to be bound by the Contest Rules. Entrants further agree to be bound by the decisions of Fairway Market and/or the Sponsors and/or Prize Donors, which are final and binding in all respects. Fairway Market and/or the Sponsors and/or Prize Donors reserve the right, in their sole discretion, to disqualify any entrant found to be: (a) violating the Contest Rules; (b) tampering or attempting to tamper with the entry process or the operation of the Contest, the Contest Website or Mobile Application, or any related promotional website or mobile application; (c) violating the terms of service, conditions of use and/or general rules or guidelines of any Fairway Market and/or the Sponsors and/or Prize Donors property or service; and/or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. ANY ATTEMPT TO DELIBERATELY DAMAGE THE CONTEST WEBSITE, MOBILE APPLICATION OR ANY RELATED WEBSITES OR MOBILE APPLICATIONS OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, FAIRWAY MARKET AND/OR THE SPONSORS AND/OR THE PRIZE DONORS RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING BUT NOT LIMITED TO CRIMINAL PROSECUTION. Where applicable, winners (and guests, if applicable) must at all times behave appropriately when taking part in the prize and observe the Contest Rules and any other rules or regulations in force at any prize-related locations. Fairway Market and/or the Sponsors and/or Prize Donors reserve the right to remove or agree with others to remove from any prize-related locations, any winner(s) and/or guest(s) who break such rules and/or fails to behave appropriately and to disqualify such winner(s) and/or guest(s).

11. PRIVACY / USE OF PERSONAL INFORMATION

(a) By participating in the Contest, each entrant: (i) grants to Fairway Market and/or the Sponsors and/or Prize Donors the right to use his/her personal information provided when he/she enters the Contest and the Entry, together known as ‘Personal Information’ to administer the Contest, including but not limited to contacting and announcing the winner(s) and coordinating the acceptance of the Contest prize; (ii) grants to Fairway Market and/or the Sponsors and/or Prize Donors the right to use their Personal Information for publicity and promotional purposes relating to the Contest in any and all media without further compensation unless prohibited by law; and (iii) acknowledges that the Sponsors may disclose the Winners Personal Information to third-party agents and service providers of Fairway Market and/or the Sponsors and/or Prize Donors in connection with any of the activities listed in 6 (i) and/or (ii) above.

(b) Fairway Market and/or the Sponsors and/or Prize Donors will use the entrant’s Personal Information only for purposes outlined in this document (Contest Rules), and will protect Personal Information of the entrant(s) so it follows Fairway Market Privacy Policy which can be accessed at garthhomerrsociety.org and/or on the mobile application under ‘Privacy Policy’ tab.

12. INTELLECTUAL PROPERTY

All intellectual property, including but not limited to trade-marks, trade names, logos, designs, promotional materials, web pages, source code, drawings, illustrations, slogans and representations are owned by Fairway Market and/or the Sponsors and/or Prize Donors and/or their affiliates. All rights reserved. Unauthorised copying or use of any copyrighted material or intellectual property without the express written consent of its owner is strictly prohibited.

13. TERMINATION

Fairway Market reserves the right, in their sole discretion, to terminate, modify, amend, suspend and/or change any Contest and/or the Contest Rules in any way, at any time, for any reason without prior notice.

14. LAW

These are the Contest Rules. The Contests are subject to all applicable federal, provincial, and municipal laws and regulations. The Contest Rules are subject to change without notice in order to comply with any applicable federal, provincial, and municipal laws or the policy of any other entity having jurisdiction over the Sponsors and/or the Contests. All issues and questions concerning the construction, validity, interpretation and enforceability of the Contest Rules or the rights and obligations as between the entrant and Fairway Market and/or the Sponsors and/or Prize Donors in connection with the Contests shall be governed by and construed in accordance with the laws of the province of British Columbia including procedural provisions 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.

15. DISCREPANCY

In the event of any discrepancy or inconsistency between the terms and conditions of the Contest Rules and disclosures or other statements contained in any Contest-related materials and activities, including but not limited to the Contest entry form, digital, broadcast, out-of-home advertising and/or appearances, the terms and conditions of the Contest Rules shall prevail, govern and control.

16. SOCIAL MEDIA

This Contest is in no way sponsored, endorsed, or administered by any social media platforms on which the Contest may have been promoted and/or publicised, including but not limited to Facebook, Twitter, and Instagram or the Google Play and Apple App stores. Any personal information provided in connection with the Contest is being provided to Fairway Market and/or the Sponsors and/or Prize Donors and not to Facebook and/or Twitter and/or Instagram or any other social media platform or the Google Play and Apple App stores. Questions or comments regarding any Contest must be directed to the Fairway Market and not to any of the social media platforms or Google Play and Apple App stores on which the Contest may have been advertised, promoted, or administered

Last updated August 30, 2022

Privacy | Acceptable Use | Contest Rules