BETTER FREQUENCY SWEEPSTAKES (THE “SWEEPSTAKES”)
OPEN TO INDIVIDUALS WITHIN THE ELIGIBILITY AREA AND WHO ARE 21 YEARS OF AGE AND OLDER
NO PURCHASE NECESSARY TO ENTER OR WIN. BUYING WILL NOT HELP YOU WIN. IT IS ILLEGAL TO GIVE ANY ADVANTAGE TO BUYERS IN A SWEEPSTAKES. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ELIGIBLE ENTRIES RECEIVED FOR THE APPLICABLE ENTRY PERIOD. VOID WHERE PROHIBITED BY LAW.
SPONSOR(S): OPEN ONLY TO LEGAL RESIDENTS OF, AND RESIDING IN THE STATES WHERE SUCH CONTEST IS PERMITTED. 21 YEARS OF AGE OR OLDER. Employees (and their immediate families (spouse, and parents, children and siblings and their respective spouses, regardless of where they reside) and those living in their same households, whether or not related) of Canopy Growth USA LLC (“Sponsor”), and its affiliates and advertising and promotion agencies are not eligible to enter or win. By participating, entrants agree to be bound by these Official Rules and the decisions of the Sponsor and/or judges, which are binding and final on matters relating to this sweepstakes. Sweepstakes is subject to all applicable federal, state and local laws. SWEEPSTAKES PERIOD: The Sweepstakes period (“Entry Period”) begins Friday, October 22, 2021 at 5:00 p.m. ET and ends Friday, December 19, 2021 at 11:59 p.m. ET. Participation in the Sweepstakes does not constitute participation in any other promotion, contest or sweepstakes. Limit one (1) prize per person. For the purposes of these Official Rules, a “day” is defined as any twenty-four (24) hour period during the Promotion Period beginning at 12:00:01 a.m. ET and ending at 11:59:59 p.m. ET.
WHO’S ELIGIBLE: Sweepstakes is open to individuals who: (i) are legal residents of the United States of America (“Eligibility Area”); (ii) are twenty-one (21) years of age or older at the time of entry; (iii) agree and adhere to these Official Rules; and (iv) successfully complete the entry process (including filling out survey form) as provided herein during the applicable Entry Period. Employees of Canopy Growth and their respective parent companies, affiliates, owners, subsidiaries, divisions, directors, officers, members, partners, trustees, franchisees, governors, agents, owners, shareholders, participating vendors, distributors, advertising production and promotion agencies, agents and their immediate family members (i.e., spouse, parent, child, sibling, and the “steps” of each,) and persons living in the same household of each (collectively, the “Sweepstakes Entities”) are not eligible to enter the Sweepstakes. By entering the Sweepstakes, participants agree to accept and be bound by all terms of these Official Rules and Regulations and the decisions of Canopy Growth are final and binding in all matters. Void outside of the Eligibility Area and where prohibited or restricted by law. The Sweepstakes is subject to all applicable federal, state, territory, provincial and local laws, rules and regulations.
HOW TO ENTER During the Entry Period, complete the survey associated with the whisl product that was sent from Circle K as a link to your phone number. To complete the survey you must qualify for the survey by being 21 years or older, and have used a whisl product at least once.
RANDOM DRAWING: Following the conclusion of the Entry Period, Canopy Growth Corporation will select five (5) potential winners by random drawing from among all eligible entries received during the Entry Period. On or about January 10, 2022, Administrator will select the potential prize winners in a random drawing of all eligible entries received. Subject to verification of eligibility and compliance with the terms of these Official Rules, the potential winner of the Entry Period will be declared an official winner of the Sweepstakes ("Winner"). The decisions of Canopy Growth are final and binding on all matters relating to this Sweepstakes.
CHANCE OF WINNING: Odds of winning depend on the total number of eligible entries received and successfully completed during the Entry Period. Limit one (1) Prize (as defined below) per person.
PRIZE: The Winners will receive: one (1) of five (5) $50 Circle K gift cards. Approximate retail value (“ARV”) of $250) TOTAL ARV $250).
PRIZE CONDITIONS: The Winner must (a) have the ability, using lawful means, to claim the Prize within forty-eight (48) hours of receiving notification from a Canopy Growth representative who will notify the Winner as described in the “Notification” section below, and (b) fulfill the documentation requirements described in the "Notification" section below. All Prize details shall be determined in the sole and absolute discretion of Canopy Growth. All costs and expenses associated with the Prize acceptance and use not specified herein as being provided are the sole responsibility of each individual Winner. Each Winner is fully responsible for all applicable federal, state, territory, provincial and local taxes (including income and withholding taxes). The Prize is non-transferable and non-assignable, with no cash redemptions except at Canopy Growth’s sole and absolute discretion. Canopy Growth reserves the right to substitute any Prize (or any portion thereof) with a prize of comparable or greater value at its sole and absolute discretion.
NOTIFICATION OF WINNER: The winner will be notified via email, postal address and/or telephone number (in the sole discretion of Canopy Growth) provided at the time of entry (the "Prize Notification"). THE WINNER MUST REPLY AND AGREE VIA EMAIL (OR BY OTHER MEANS IN THE SOLE DISCRETION OF CANOPY GROWTH) TO SUCH PRIZE NOTIFICATION WITHIN FORTY-EIGHT (48) HOURS TO CLAIM THE PRIZE. IN THE EVENT THAT ANY POTENTIAL WINNER DOES NOT RESPOND TO ANY SUCH PRIZE NOTIFICATION WITHIN THE REQUIRED RESPONSE TIME, THE POTENTIAL WINNER IS ADJUDGED TO BE INELIGIBLE, OR DECLINES THE PRIZE FOR ANY REASON, OR IF THE PRIZE NOTIFICATION IS RETURNED AS UNDELIVERABLE, A DISQUALIFICATION WILL RESULT, THE PRIZE WILL BE FORFEITED AND, AT CANOPY GROWTH’S SOLE DISCRETION AND TIME PERMITTING, AN ALTERNATE POTENTIAL WINNER MAY BE RANDOMLY SELECTED FROM AMONG ALL REMAINING ELIGIBLE ENTRIES RECEIVED FOR THE APPLICABLE ENTRY PERIOD. THE WINNER MAY BE REQUIRED TO SUBMIT HIS/HER VALID SOCIAL SECURITY NUMBER AND/OR OTHER IDENTIFICATION TO CANOPY GROWTH AND MAY BE REQUIRED TO EXECUTE AND RETURN AN AFFIDAVIT OF ELIGIBILITY AND RELEASE OF LIABILITY AND, UNLESS PROHIBITED BY LAW, PUBLICITY, WITHIN THE REQUIRED RESPONSE TIME FROM TIME OF ISSUANCE. Failure to submit any identification required by Canopy Growth or to return the required documents within the specified time period, noncompliance with these Official Rules or the return of any Prize (or any portion thereof) or Prize Notification as undeliverable may result in disqualification and Prize forfeiture and, at Canopy Growth’s sole discretion and time permitting, may cause an alternate potential winner to be randomly selected from among all remaining eligible entries received for the Entry Period.
WAIVER OF LIABILITY/PUBLICITY RELEASE: By participating in the Sweepstakes and submitting an entry, each entrant agrees to (i) be bound by these Official Rules, including all entry requirements, and (ii) waive any and all claims against Canopy Growth, and their respective parent companies, affiliates, owners, partners, members, subsidiaries, officers, directors, employees, agents, licensees, distributors, dealers, retailers, printers, representatives and advertising and promotion agencies, and any and all other companies associated with the Sweepstakes, and all of their respective officers, directors, employees, agents and representatives (collectively, "Released Parties") for any injury, damage or loss that may occur, directly or indirectly, in whole or in part, from the participation in the Sweepstakes or from the receipt or use of any Prize (or any portion thereof) or any travel or activity related to the receipt or use of any Prize (or any portion thereof). By entering this Sweepstakes, each entrant gives his/her express permission to be contacted by Canopy Growth by telephone, e-mail and/or postal mail for Sweepstakes purposes. Each Winner, by acceptance of any Prize, grants to Canopy Growth and their respective designees the right to publicize such Winner's name, address (city and state/territory/province of residence), photograph, video, voice, statements and/or other likeness and prize information for advertising, promotional, trade and/or any other purpose in any media or format now known or hereafter devised, throughout the world, in perpetuity, without limitation and without further compensation, consideration, permission or notification, unless prohibited by law.
THE SWEEPSTAKE AND THE PRIZES ARE PROVIDED "AS IS" AND SPONSOR DOES NOT MAKE ANY, AND HEREBY DISCLAIMS ANY AND ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND (EXPRESS OR IMPLIED) REGARDING THE CONTEST, THE APP OR THE PRIZES. SPONSOR DOES NOT WARRANT THAT THE APP, ANY OF THE APP'S FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE APP OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NOTWITHSTANDING ANYTHING ELSE HEREIN OR OTHERWISE, SPONSOR SHALL NOT BE LIABLE OR OBLIGATED WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR (A) ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, GOODWILL, OR ANTICIPATED PROFITS) (B) AMOUNTS IN EXCESS OF THE PRIZE FOR THE APPLICABLE CONTEST, (C) DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, AND/OR (D) ANY MATTER BEYOND SUCH PARTIES’ REASONABLE CONTROL.
DISPUTES/GOVERNING LAW: BY ENTERING THIS SWEEPSTAKES, ENTRANT AGREES THAT (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES OR ANY PRIZE AWARDED SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH ENTERING THE SWEEPSTAKES, BUT IN NO EVENT ATTORNEYS’ FEES; AND (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND EACH ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM, INDIRECT, 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. THESE OFFICIAL RULES AND THE SWEEPSTAKES ARE GOVERNED BY AND CONTROLLED BY THE LAWS IN CANADA, APPLICABLE TO CONTRACTS MADE AND PERFORMED THEREIN WITHOUT REFERENCE TO THE APPLICABLE CHOICE OF LAW PROVISIONS. ALL ACTIONS, PROCEEDINGS OR LITIGATION RELATING HERETO WILL BE INSTITUTED AND PROSECUTED SOLELY WITHIN CANADA. THE ENTRANT HEREBY CONSENTS TO THE JURISDICTION OF THE FEDERAL AND PROVINCIAL COURTS OF CANADA WITH RESPECT TO ANY ACTION, DISPUTE OR OTHER MATTER PERTAINING TO OR ARISING OUT OF THE SWEEPSTAKES INCLUDING, WITHOUT LIMITATION, ANY PRIZE AWARDED IN CONNECTION WITH THE SWEEPSTAKES, AND WAIVES EVERY DEFENSE THAT SUCH JURISDICTION IS INCONVENIENT OR IMPROPER. IF ANY PROVISION, OR any PORTION THEREOF, OF THESE OFFICIAL RULES ARE DECLARED OR FOUND BY A COURT OF COMPETENT JURISDICTION TO BE ILLEGAL, UNENFORCEABLE OR VOID, THEN SUCH PROVISION, OR PORTION THEREOF, WILL BE NULL AND VOID BUT EACH OTHER PROVISION HEREOF NOT SO AFFECTED WILL BE ENFORCED TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW. ALL FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS APPLY.
GENERAL CONDITIONS: Released Parties are not responsible for stolen, late, incomplete, illegible, inaccurate, misdirected, lost, misrouted, scrambled, damaged, delayed, undelivered, mutilated, postage-due or garbled entries, transmissions, e-mail or mail; or for lost, interrupted or unavailable network, cable, satellite, server, Internet Service Provider (ISP), wireless network, website, or other connections including those through and/or by any website, availability or accessibility or miscommunications or failed computer, satellite, telephone, cable or wireless transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; wireless service congestion; failures or malfunctions of phones, phone lines or telephone systems, wireless towers or cellular tower equipment; any error, omission, interruption, defect or delay in wireless or other transmission, processing, or communication; non-delivery; misdirected, blocked, or delayed e-mail notifications; printing, typographical or other errors appearing within these Official Rules, in any Sweepstakes-related advertisements or other materials; or any other errors, problems or difficulties of any kind whether human, mechanical, electronic, network, computer, telephone, wireless service, mail, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of entries, or the announcement of the Prizes or in any Sweepstakes-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes. Released Parties are not responsible for injury or damage to entrants' or to any other person's computer and/or wireless device related to or resulting from participating in this Sweepstakes or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Sweepstakes or website or attempt to undermine the legitimate operation of the Sweepstakes by cheating, deception or other unfair playing practices, or intend to annoy, abuse, threaten or harass any other entrant or any representative of Canopy Growth or who are in violation of these Official Rules, as solely determined by Canopy Growth, will be disqualified and all associated entries will be void. Any attempt to deliberately damage the content or operation of this Sweepstakes is unlawful and subject to legal action by Canopy Growth and/or their respective agents. Canopy Growth shall have the sole right to disqualify any entrant for violation of these Official Rules or any applicable laws relating to the Sweepstakes, and to resolve all disputes in its sole discretion. Released Parties (i) make no warranty, guaranty or representation of any kind concerning any Prize (or any portion thereof) or the website, and (ii) disclaim any implied warranty. Canopy Growth’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Canopy Growth reserves the right, in their sole discretion, to cancel or suspend the Sweepstakes (or any portion thereof) should virus, bugs, unauthorized human intervention, or other causes corrupt administration, security, fairness, integrity or proper operation of the Sweepstakes (or any portion thereof). In the event of cancellation, Canopy Growth may elect to identify the Winner and award the Prizes by way of random drawing from among all non-suspect, eligible entries received for the applicable Entry Period up to the time of such cancellation. Canopy Growth also reserves the right, in their sole discretion, to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Sweepstakes.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, CANOPY GROWTH WILL DISQUALIFY ANY ENTRANT RESPONSIBLE FOR THE ATTEMPT, AND CANOPY GROWTH AND/OR THEIR RESPECTIVE AGENTS RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS' FEES) AND OTHER REMEDIES FROM ANY PERSON OR PERSONS RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
Entries generated by a script, macro or other mechanical or automated means will be disqualified. In the event of dispute as to the identity or eligibility of any potential winner based on an e-mail address, the winning entry will be declared made by the Authorized Account Holder of the e-mail address submitted at the time of entry provided he/she is eligible according to these Official Rules. The "Authorized Account Holder" is defined as the natural person to whom the applicable Internet service provider or other organization (such as a business or educational institution) has assigned the e-mail address for the domain associated with the submitted e-mail address.
WINNER LIST: For the names of the prize winners of prizes, send a self-addressed, stamped envelope with the message below written in the notice by January 10, 2022 to Canopy Growth Corporation 1 Hershey Drive Smiths Falls, Ontario K7A 0A8 In the notice please write: “Please send the Official Winners list for the BETTER FREQUENCY CONTEST.”