Official Contest Rules

(THE “RULES”)

CANADA (Excluding Quebec)

The Beer Guy’s HOMERUN Delivery and Bartesian

“HOLIDAY SWEEPSTAKES” (the “Contest”)

NO PURCHASE NECESSARY. Must be 19 years of age or older and a resident of Ontario, Canada to participate. During the contest period, consumers can purchase any participating product available at www.thebeerguy.ca or www.HomeRunDelivery.com. See list of participating products in Rule 4. Contest starts on November 1st, 2023 at 12:00 pm (noon) Eastern Time (“ET”), and Contest closes December 5th, 2023 at 9:59:59 pm ET (the “Contest Period”)

1. SPONSOR/ADMINISTRATOR:  This Contest is sponsored by The Beer Guy Inc. and Bartesian Inc.(collectively the “Contest Sponsors”) and the Contest is being administered on behalf of the Contest Sponsors by The Beer Guy Inc. (the “Administrator”).

1. ELIGIBILITY: The contest is open to residents of Ontario, Canada who are 19 years of age of older, who are not an employee, contractor, agent or representative of the Contest Sponsors, or their affiliates, agencies, distribution companies, and who are not an employee of the applicable provincial liquor agencies, license control/boards and their licensees, retailers, or distributors (the “Provincial Liquor Authorities”), prize suppliers, the contest judge (collectively the “Contest Parties”), or a member of the immediate family (parent, spouse, sibling, child) of, or domiciled with any of the foregoing persons. The Provincial Liquor Authorities are not connected with this contest in any manner whatsoever and are not liable in any way whatsoever in regard to any matter which relates to this contest.

To be eligible, participants must have online access with a valid email address as of the date of their entry. Each purchase of a Tier 1 participating product as defined in Rule 4 counts as five (5) entries into the contest.  Each purchase of a Tier 2 participating product as defined in Rule counts as one (1) entry into the contest.  If the identity of an entrant is disputed, the authorized account holder of the email address submitted at the time of entry will be deemed to be the entrant. The individual assigned to the email address by an online service provider, Internet access provider or other organization responsible for assigning the email address for the domain associated with the submitted email address is considered the authorized account holder. An entrant may be required to provide the Contest Sponsors or the Administrator with proof that she or he is the authorized account holder of the email address associated with the winning entry.If you participate via a mobile device, you may incur standard data charges from your wireless service provider. Check with your wireless service provider for details on these and other applicable charges. Entrants are solely responsible for any such data charges. If you do not have Internet access via a personal computer, your local library or Internet café may be able to provide access to the Internet and a number of Internet service providers and other companies offer free email accounts.

1. CONTEST PERIOD: The Contest starts on November 1st, 2023 at 12:00 pm (noon) Eastern Time (“ET”), and Contest closes December 5th, 2023 at 9:59:59 pm ET (the “Contest Period”)

1. PARTICIPATING PRODUCTS: During the Contest Period, consumers can purchase any of the following and are only available while supplies last:

Collectively “Participating Products”.

1. NO PURCHASE NECESSARY: Purchase is not required and does not enhance a person’s chances of winning.  If you wish to enter the Contest without purchase, please visit https://www.thebeerguy.ca/npn-entry and complete the online form including your full name, email address, a one-hundred (100) or more word original essay answering the question “Why is a Bartesian Cocktail Maker important to you?” and confirm you are 19 years of age or older and a legal resident of Canada.  Limit of one (1) request per unique form submission. Limit of five (5) no purchase necessary requests per person per calendar day. Contest Administrator will validate the submission and, upon validation, will enter you in the contest (the “No Purchase Entry”). Although online access and a registered account on thebeerguy.ca or HomeRunDelivery.com are required in order to participate in the Contest; many public libraries, Internet cafés, retail businesses and others offer access to the Internet and a number of Internet service providers and other companies offer free email accounts.  
2. HOW TO ENTER: During the Contest Period, visit www.thebeerguy.ca or www.HomeRunDelivery.com and follow the instructions to purchase a Participating Product or complete a No Purchase Entry form. All valid entries will receive one (1) or five (5) ballots for the Grand Prize draws based on the table below (each a “Grand Prize Draw Period”).

You will be entered into the applicable Grand Prize Draw Period based on the date and time that you submit your entry. (See Rule 8 for details about the grand prizes for each period.) All entries must be properly received and recorded by the Administrator’s computer within the Contest Period in order to be eligible to win and/or receive a Grand Prize. No other form of submitting an entry is valid other than as stated above.  Multiple participants may not share the same email address.  Participants may not enter with multiple email addresses, nor may participants use any other device to enter under multiple identities.  Any participant who attempts to enter with multiple email addresses or accounts under multiple identities will be disqualified and forfeits any prize won, in the Administrator’s sole discretion.  

1. HOW TO WIN: Random draws will be conducted for each of the Grand Prize Draw Periods on the dates defined (see Rule 6) from among all eligible entries received during that Grand Prize Draw Period to select two (2) entrants eligible to win a Grand Prize (see Rule 8).  Odds of winning depend on the total number of eligible entries received within each Grand Prize Draw Period.  The entrants selected as eligible to win a Grand Prize will be notified by email within three (3) business days following the draw (the “Notification”).  Please see the additional prize conditions in Rule 8 for conditions applicable to the Grand Prizes.In the event there are less than two (2) entries received during any of the Grand Prize Draw Periods, the Grand Prize Draw will be conducted only to select up to the amount of valid received entries while any other Grand Prizes from that Grand Prize Draw Period will not be awarded. Non-winning Grand Prize entries from a Grand Prize Draw Period will not be carried over to the next Grand Prize Draw Period. No responsibility is assumed by the Contest Sponsors for any inability of a potential entrant to successfully enter any Draw for any reason or for Instant Win Prizes that remain unclaimed or unawarded. The Contest Sponsors are not responsible for late, lost, damaged, misdirected, mutilated, garbled, illegible or incomplete No Purchase requests. Proof of transmission (e.g. screenshots) does not constitute proof of receipt.See “How To Claim a Prize” for further information.

1. PRIZES: There are ten (10) “Grand Prizes” (each, a “Grand Prize”, as provided in the table below), with two (2) available to be won for each of the first 4 Grand Prize Draw Periods, and one (1) for Grade Prize Draw Period 5. The 10th Bartesian Cocktail Maker kit will be given away through our social media contest. Approximate retail value of each prize is stated in Canadian dollars.

The number of prizes available to be won will diminish as they are claimed throughout the Contest Period. The total number of each prize available to be won is listed in the table below. Once the total number of prizes have been distributed, no further prizes will be available. Prizes must be accepted as awarded. Prizes are non-transferable and non-redeemable for cash. No substitutions, except by the Contest Sponsors, who reserve the right to substitute a prize with a prize of equal or greater value. Awarding of a prize is subject to verification and compliance with the Rules.  Entrants who have not complied with the Rules will be disqualified. The Contest Sponsors make no representations or warranties of any kind concerning the appearance, safety or performance of any prize. The Contest Sponsors are not responsible for any Prize once it has been shipped. Any unclaimed prize will not be awarded. For prizes that can be mailed, the Contest Sponsors will mail the prize, directly to the Canadian address that the confirmed winner has indicated. The Contest Sponsors will not deliver to a P.O. Box. Delivery may take up to 6-8 weeks after verification. For prizes that can be emailed, the Contest Sponsors’ designated agent will email the confirmed winners at the email address used at the time of entry to deliver the prize. Prize may be forfeited if delivery cannot be effected following reasonable efforts by Contest Sponsor.

1. GRAND PRIZES:

1. HOW TO CLAIM A PRIZE: If you are selected as eligible to win a Grand Prize, to be declared a winner, the selected entrant must: 

• respond to the notification from the Contest Sponsors’ designated agent within three (3) business days and provide the information requested and set up a phone call;
• correctly answer, without assistance of any kind, whether mechanical, electronic or otherwise, the required time-limited, mathematical skill-testing question to be administered by the Contest Sponsors’ designated agent at a mutually-agreeable time; 
• sign the official declaration of compliance and prize release form, which includes releasing the Contest Parties from any and all liability in connection with this Contest, his/her participation therein and/or the awarding and use/misuse of any Prize or any portion thereof and return to the Contest Sponsors’ designated agent by fax or email within three (3) business days of receipt of the official declaration of compliance and prize release form; and 
• otherwise comply with these Rules.

If a potential winner of a Grand Prize fails to meet any of these requirements, he/she will be disqualified and forfeit the Grand Prize they have been selected as eligible to win. However, should the selected Grand Prize winner be disqualified as provided under these Rules, the Contest Sponsors may then, at their sole and absolute discretion, select by random draw another eligible entrant for the Grand Prize whom the Contest Sponsors or their representatives will attempt to contact, and who will be subject to disqualification in the same manner.  The potential winner of any Grand Prize may be required to furnish proof of identification that may include a driver’s license or other form of government photo identification as part of the verification process.  The Contest Parties will not be responsible for failed attempts to notify any potential winner. Each Grand Prize must be accepted as awarded and cannot be substituted, transferred, exchanged or surrendered for cash, except at the sole and absolute discretion of the Contest Sponsors, which may award a substitute prize of equal or greater value or award the approximate retail value as a cash prize.  Each Grand Prize winner acknowledges that the Contest Parties have not made or are not in any manner responsible or liable for any warranty, condition, representation, or guarantee, express or implied, in fact or in law, relative to any prize, including but not limited to its quality, mechanical condition or fitness for a particular purpose.

1. ADDITIONAL CONDITIONS OF PARTICIPATION:  By participating in this Contest, entrant accepts and agrees to these Rules and all decisions of the Contest judges (who may be employees, agents or independent contractors of the Contest Sponsors or Administrator), which shall be final and legally binding on entrant in all matters relating to this Contest.  All entries become the property of the Contest Sponsors and will not be returned.  In order to be confirmed a winner and receive any prize, the selected entrant will be required to sign and/or digitally accept the Contest Sponsors’ Declaration of Compliance and Prize Release form which confirms compliance with these Rules and releases the Contest Sponsors, the Contest Parties from all liability with respect to the entrant’s participation in this Contest and the awarding, use/misuse of any prize. Winners agree to the use of his/her name, image, likeness, persona, and city/province of residence for publicity purposes, and grants to the Contest Sponsors any and all rights to said use without further notice or compensation. The Contest Sponsors and their respective affiliates are not responsible for printing, technical errors, distribution, or production errors. The Contest Parties do not warrant that access to or use of the Contest will be uninterrupted or error-free.

Entrants and/or winners assume liability for injuries caused or claimed to be caused by participating in the Contest, by the acceptance, possession, use or misuse of any prize awarded, including but not limited to claims/damages for personal injury, or property damage.  Moreover, as a condition of entering, entrants agree: (a) to release the Contest Sponsors, the Administrator, the Contest Parties, and each of their officers, directors, employees and agents, from any and all liability, loss or damage incurred with respect to participating in the Contest or the awarding, receipt, possession, and/or use or misuse of any prize , (b) that under no circumstances will entrant be permitted to obtain awards for punitive, incidental, consequential, or any other damages and entrant hereby waives all rights to claim for all such damages; (c) all causes of action arising out of or connected with this Contest, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, excluding legal fees and court costs. This exclusion or limitation of liability will not apply to the extent that any applicable statue prohibits such exclusion or limitation of liability.

1. EVENTS INTERFERING WITH CONTEST ADMINISTRATION:
1. Termination, Modification or Suspension:  The Contest Sponsors may, at their sole discretion and without liability to Contest entrants, terminate the Contest in whole or in part, or modify or suspend the Contest at any time without notice in the event any of the following situations arise in the Contest Sponsors’ sole opinion: any impedance or prevention of the Contest Sponsors ability to administer the Contest as planned or intended by an event beyond the Contest Sponsors control, including but not limited to an act of God, fire, flood, natural or manmade epidemic or crisis, earthquake, explosion, labour dispute or strike, telecommunications equipment failure, utility-related disruptions, software viruses, software bugs, computer programming errors, terrorist threat or activity, war (declared or undeclared), any federal, provincial, territorial or local government law, order or regulation, public health crisis, pandemic, the order of any court or jurisdiction, or by any other cause not reasonably within the Contest Sponsors control.  Without restricting the generality of the foregoing, if for any reason more entrants receive notification of eligibility to win a prize than the number of prizes stated herein, the Contest Sponsors reserve the right, in their sole discretion, to terminate the Contest in whole or in part, or amend or suspend it and award only the number of prizes stated in these Rules via a random drawing for the prizes not yet distributed at the time the Contest is terminated, suspended or amended.
2. Procedure upon Early Termination:  In the event of early termination of the Contest, a notice will be posted online and a random drawing to award the prize(s) will be conducted from among all eligible entries received prior to the time of termination.  In no event will the number of prizes awarded exceed the available number of prizes as specified in these Rules.

1. RELEASE: By participating in this Contest, all participants declare that they have read, understood and complied with the Rules, and for winners, consent to the use of their name, biographical information and/or likeness for the purposes of advertising and promotion without further compensation, agree to abide by all decisions by the Contest Sponsors (which are final), and agree to release, indemnify and hold harmless the Contest Parties, and each of their affiliates, directors, officers, employees, professional advisors and advertising and promotional agencies (collectively, the “Released Parties”) from any liability in connection with participating in this Contest and/or any prize awarded. The Released Parties are not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections, failed, incomplete, garbled or delayed computer transmissions including lost, misappropriated or corrupted entries, virus, worm or Trojan Horse damage or any other damage which may limit a participant's ability to participate in the Contest. Before a prize is awarded, prize winners may be required to sign a standard declaration of compliance with the Rules and release form(s) in a form acceptable to the Provincial Liquor Authorities releasing the Released Parties from any and all liability arising out of, pursuant to, or as a result of the carrying out of the Contest, including, without limitation, liability arising from the acceptance of and usage of the prizes as awarded, the administration of the Contest and the selection of a potential winner.  

1. GENERAL: Entries obtained through unauthorized sources or which are not original or are illegible, altered, reproduced, stolen, forged, counterfeited, irregular, or that contain printing or other errors are void. All decisions of the Contest Sponsors shall be final. The Contest Sponsors are not responsible for errors in the offer or administration of this Contest, including but not limited to, errors in the advertising, the Contest Rules, selection of the winners or the distribution of any prize. In the event that, due to an error, more than the advertised number of prizes are claimed, no more than the number of prizes specified in these Rules shall be awarded. As such, there will be a random draw conducted amongst all eligible prize claimants after the Contest closing date to award the specified prizes. The Contest is subject to all applicable federal, provincial, municipal and local laws. The Contest Sponsors reserve the right to modify or terminate this Contest at any time without notice to participants.

1. PRIVACY: The Contest Sponsors respect your right to privacy. Personal information collected from entrants will only be used by the Contest Sponsors to administer the Contest and fulfill any prize requirements and, only if consent is given at the time of entry, to provide the entrants with information regarding upcoming promotions and/or events from the Contest Sponsors. For more information regarding the manner of collection, use and disclosure of personal information by the Contest Sponsors, please refer to the Contest Sponsors’ privacy policy, available at https://www.thebeerguy.ca/corporate/privacy_policy/.

1. DISPUTES: All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, or the rights and obligations of entrant and the Contest Sponsors in connection with the Contest, shall be governed by, and construed in accordance with, the substantive laws of the Province of Ontario without regard to conflicts of law principles. All entrants consent to the jurisdiction and venue of the Province of Ontario.

1. CONFLICTS/DISCREPANCIES: In the event of a conflict between any Contest details contained in these Rules and any Contest details contained in Contest advertising materials (including, but not limited to, online, point of sale, television, and print advertising, promotional packaging, and other promotion media), the details of the Contest as set forth in these Rules shall prevail.

1. INVALIDITY: The invalidity or unenforceability of any provision of these Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.