A Sweet Escape To Toronto Sweepsakes Terms and Conditions
Sweet Escape in the 6ix
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS PROMOTION. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
THIS PROMOTION IS VOID WHERE PROHIBITED BY LAW. IT IS OPEN ONLY TO LEGAL RESIDENTS OF CANADA EXCLUDING QUEBEC WHO ARE THE AGE OF MAJORITY OR OLDER IN THEIR PLACE OF RESIDENCE.
1. SPONSOR: The sponsor of this promotion is Sugarfina, Inc., with offices at 1700 E Walnut Ave, Floor 5, El Segundo, California 90245 (“Sponsor”), in coordination with Her Majesty’s Pleasure, with offices at 556 King St W, Toronto, ON M5V 1M3, Bite Beauty, with offices at 425 Market Street, 19th Floor, San Francisco, CA 94105, OAK + FORT, with offices at 100 – 7 East 6th Avenue, Vancouver, BC V5T 1J3, Krystin Lee, with offices at 284 Glen Oak Drive, Oakville, ON L6K 2J2, Mejuri, with offices at 906 Dundas St W, Toronto, ON M6J 1W1, and Fairmont Royal York, with offices at 100 Front Street West, Toronto ON M5J 1E3. (collectively, “Co-Sponsorss”). This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook or Instagram.
2. PRIZES; ODDS OF WINNING: There is one (1) prize available consigning of the following:
a. A two (2) night stay in a Fairmont Signature Guest room at the Fairmont Royal York (available between 2/1/2019 and 12/31/2019) totaling $998.00;
b. A credit totaling $200.00 to be used towards one (1) dinner for two at the Fairmont Royal York Benihana;
c. A credit totaling $70.00 to be used towards one (2) breakfast for two at the Fairmont Royal York;
d. A travel stipend of $1,000.00 CAD;
e. A credit with Sugarfina totaling $500.00 CAD, for use towards a shopping experience at Sugarfina’s First Canadian Place Candy Boutique;
f. A credit with Bite Beauty’s Toronto Lip Lab totaling $576.00 CAD, for use towards a Bite Beauty experience, and/or Bite Beauty products;
g. A credit with the Mejuri Showroom in Toronto totaling $500.00 CAD, for use towards a shopping experience at the Showroom;
h. A credit with OAK + FORT totaling $400.00 CAD, for use towards a shopping experience at OAK + FORT’s Toronto Eaton Centre;
i. A credit with Her Magesty’s Pleasure totaling $622.00 CAD, for use towards a “Royal Treat for Two” at Her Majesty’s Pleasure in Toronto;
j. A credit with Chapters Indigo totaling $205.00 CAD, for use towards Indigo product.
The total retail value of the entire prize is $5,071.00 CAD. The odds of winning depend on the number of eligible entries received.
The winner may not substitute his or her prize or any parts thereof for its cash equivalent and may not transfer or assign the prize. Sponsor reserves the right to substitute any or all of the prize with any article or service of similar or greater value at its sole discretion.
3. HOW TO ENTER: You may enter this promotion by either:
A. Submitting your email address and postal code through Sugarfina’s “Sweet Escape In The 6ix” landing page hosted on https://somethingsweet.sugarfina.ca; or
B. Alternatively, you can enter mailing a postcard (3" x 5") with your name, address, e-mail address (if you have one) and telephone number to Sugarfina, Inc., Sweet Escape In The 6ix, 1700 E Walnut Ave. Floor 5, El Segundo, California 90245.
Entries submitted to Sponsor (“Submitted Material”) will become the property of Sponsor and will not be returned to participants. Sponsor will not be responsible for lost, stolen or misplaced entries. Mechanically reproduced, illegible, incomplete or inaccurate entries are void. Only one entry per person is permitted.
Sponsor is not be responsible for incorrect or inaccurate transcription of entry information, technical malfunctions, lost/delayed data transmission, omission, interruption, deletion, defect, failures of any communications network, computer equipment, software, inability to access any online service or web site, inability to submit the online entry form, or any other error or malfunction, or any injury or damage to participant’s or any other person’s computer related to or resulting from participation or downloading any materials in this sweepstakes, or for late, lost, stolen, postage due, illegible or misdirected entries.
4. ELIGIBILITY: This promotion is open to all legal residents of Canada, excluding Quebec, who are the age of majority or older in their respective places of residence as of November 15th, 2018. This promotion is not open to those who, as of November 15th, 2018 were:
(a) employees, directors, officers, agents or representatives of Sponsor, Co-Sponsors, or of their affiliates, subsidiaries, or parents, advertising or promotion agencies and suppliers of prizes, materials and services in relation to this promotion;
(b) members of the immediate family of any of the persons in (a) above;
(c) engaged in the development, production, drawing of winners for this promotion;
(d) members of the same household as any of the persons in (a) and (c) above.]
(collectively, the “Released Parties”).
5. DRAWING/SELECTION: The winner will be selected in a random drawing conducted by a representative of Sponsor, whose decision will be final and binding in all respects. The winner will be selected on or about January 7th, 2019 at 1700 E Walnut Ave. Floor 5, El Segundo, CA 90245 and will be notified within thirty (30) after the drawing by telephone, e-mail or mail. In the event that Sponsor cannot reach the winner within three (3) calendar days after it attempts to notify the winner, Sponsor will select a new winner according to these rules. The winner will be required to successfully solve unaided a four-part mathematical equation administered by telephone.
6. SCHEDULE: This promotion begins on November 15th, 2018 and ends December 14th, 2018. All entries must be received by 11:59 p.m. Pacific Standard Time.
7. ADDITIONAL CONDITIONS: Sponsor reserves the right to terminate or amend the Rules of this promotion if fraud, technical failures or any other factor beyond Sponsor's reasonable control impairs the integrity of the contest as determined by Sponsor in its sole discretion. At its sole discretion, Sponsor may disqualify any person whom it considers to have intentionally violated the Official Rules or any element of this promotion. By participating, participants agree: (a) to be bound by the Official Rules and the decisions of the Sponsor; (b) to release and hold harmless the Released Parties and “Facebook,” and ”Instagram,” from any and all liability with respect to acceptance, possession or use (or misuse) of the prize(s) or participation in this promotion. Winner(s) may be requested to sign an additional release and eligibility affidavit. Winner agrees to permit Sponsor to use his/her/their name, address, city, state, photograph, videotape or any likeness for advertising or publicity purposes for no additional compensation.
8. TAXES. Taxes, if any, are the sole responsibility of the winner. Sponsor does not provide tax advice. Participants are encouraged to contact their own tax advisor regarding potential tax implications, if any, of this promotion.
9. WINNERS LIST / COPY OF RULES: For the name of the prize-winner(s), available after January 7th, 2019, or to obtain a copy of these rules, please send a separate, self-addressed stamped envelope to Sweet Escape In The 6ix - List of Winners or Copy of Rules, Sugarfina, Inc., 1700 E Walnut Ave. Floor 5, El Segundo, CA 90245.
11. DISPUTES, APPLICABLE LAW: Any controversy or claim arising out of or relating to the promotion or these terms, or any breach thereof, shall be settled by arbitration seated in New York City, New York. The physical location of the arbitration hearings shall be held in Los Angeles, California, unless the Parties agree otherwise. All proceedings, filings, and statements made in such arbitration shall be confidential. The arbitration shall be administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and, with respect to discovery and the taking of evidence, the International Bar Association’s Rules on the Taking of Evidence in International Arbitration (the “IBC Rules”). Notwithstanding the IBC Rules, however, the Parties shall be entitled to up to twenty-five (25) written requests for admission (“RFA’s”) and up to two (2) depositions, each without leave of the arbitral tribunal. The deponent’s attendance may be compelled by either request to the arbitral tribunal or order from a court of competent jurisdiction. Failure by either Party to timely respond to RFA’s shall be deemed an admission to such RFA’s. Failure by either Party to participate in the arbitration (including failure to attend a properly scheduled deposition, conference, or hearing) shall be deemed default and consent to the immediate entry by the arbitral tribunal of an award in favor of the other Party in an amount equal to the maximum damages reasonably requested by such Party (giving all possible deference to the Parties’ limited ability to prove damages in the absence of the other Party’s participation). The arbitral tribunal shall immediately enter such award upon request by the participating Party. Any award granted to a Party pursuant to an arbitration in accordance with these terms shall be enforceable in foreign jurisdictions in the manner contemplated by the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”). Notwithstanding the foregoing, any Party may seek and obtain injunctive and other equitable relief from a court of competent jurisdiction to enforce the provisions of these terms without first seeking or obtaining any decision of the arbitral tribunal, with respect to the subject matter of this Agreement.
By participating in this promotion, each participant agrees that: (a) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this promotion but in no event attorneys’ fees; and (b) 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.
12. LIMITATION OF LIABILITY. The Sponsor, its affiliates, its advertising and promotional agencies, the suppliers of products or services related to this Contest and their respective employees, officers, directors, representatives and agents shall not be responsible for incorrect or inaccurate capture of entry information, technical malfunctions, printing errors, lost, delayed or garbled data or transmissions, omission, interruption, deletion, defect or failures of any telephone or computer lines or networks, computer equipment, software or any combination thereof, inability to access any online service or web site, inability to submit the online entry form, or any other error or malfunction, or for late, lost, stolen, postage due, illegible or misdirected entries.
13. TRAVEL CONDITIONS. Each winner will be solely responsible for any and all expenses and incidental travel costs not expressly stated in the trip description herein, including but not limited to any and all ground transportation, gasoline, tolls, parking, meals and beverages, in-room charges (e.g., mini-bar, room service, laundry service, telephone, internet, movies), gratuities, travel upgrades, baggage fees, and personal incidentals. Each winner will be required to provide a valid major credit or debit card upon hotel check-in and all in-room charges, meals, beverages, hotel upgrades, amenities, personal incidentals and any other expenses charged to the winner’s hotel room will be charged to the winner’s major valid credit card or debit card provided. Each winner must travel on dates designated by Sponsor stated herein. In the event a winner cannot travel on dates designated by Sponsor, the winner will be disqualified and the winner appointment may be awarded to another participant using the same selection method described in Section 5 above. The approximate retail value of the trip may vary based on the commercial airport nearest winner’s permanent residence and the cost and availability of airfare and hotel at time of booking and travel. Any difference between the stated ARV of a prize and the actual value will not be awarded. Airline tickets are subject to terms and conditions stated on such tickets and various additional material restrictions may apply. Travel is subject to terms and conditions set forth in these Official Rules and those set forth by selected travel providers. Other material restrictions may apply. Sponsor is not responsible for any fees or additional charges resulting from winner’s change(s) to itinerary or accommodations. Each winner and his/her guest must possess valid travel documents (i.e., a valid government-issued photo ID) in order to travel. Sponsor shall not be liable for any loss or damage to baggage. Each winner is responsible for obtaining his/her own medical and life insurance and the associated costs. Each guest (or his/her parent or legal guardian in the event the guest is a considered a minor in his/her jurisdiction of residence) must sign and return a travel release before any ticketing of travel occurs. Once a guest is designated, that guest may not be substituted, except in Sponsor’s sole and absolute discretion. By redeeming tickets, winner and/or his/her guest agree to comply with all applicable venue rules and regulations. In the event the scheduled promotion is cancelled prior to or during the trip for any reason, the cancelled portion of the prize will not be awarded and Sponsor will not provide any compensation or substitution for that portion of the prize. Sponsor has made no warranty or guarantee in whole or in part, express or implied, in fact or in law, in relation to the use of any prize including, but not limited to, its quality, merchantability, fitness for a particular purpose or suitability for use and, further, accepts no responsibility for any additional expenses, omissions, delays, re-routing or acts of any government or authority.