Contest Rules and Regulations – Dynaleo

THESE RULES ARE THE STANDARD TERMS AND CONDITIONS APPLICABLE TO THE CONTESTS AND GIVEAWAYS (EACH A “CONTEST” AND COLLECTIVELY THE “CONTESTS) ADMINISTERED BY DYNALEO INC. AND ITS SUBSIDIARIES AND AFFILIATES AND EACH OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS AND CONTRACTORS (COLLECTIVELY, “DYNALEO”). EACH CONTEST IS INTENDED TO BE CONDUCTED IN THE PROVINCE OF ALBERTA AND ONTARIO 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 A CONTEST CONSTITUTES ACCEPTANCE OF THESE CONTEST RULES (THE “CONTEST RULES”).

  1. To be eligible to enter a Contest, an individual must:
    • be a legal resident of the province of Alberta or Ontario;
    • be of the age of majority in the province of Alberta or Ontario at the time of entry;
    • 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
    • if applicable, have a valid account on Facebook, Twitter or Instagram (the “social media”) at the time of entry.

Employees of Dynaleo are not eligible to enter or participate in the Contests unless otherwise specified by Dynaleo. Dynaleo shall have 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 Dynaleo for the purpose of the Contests must be truthful, complete, accurate and in no way misleading, and the entrant must have all necessary rights or approvals to disclose that information in the Contest. Dynaleo reserves the right, in its sole discretion, to disqualify any entrant should such an entrant at any stage supply untruthful, incomplete, inaccurate or misleading personal details and/or information, or unlawful, illegal or otherwise inappropriate information.

  1. CONTEST PERIODS. Each Contest entry period (each a “Contest Period”) shall start and end as announced on any of Dynaleo’s social media accounts (which includes but is not limited to Pocket Fives, Sunshower, and Dynawellness social media accounts) and/or as indicated on https://dynaleo.com/ after which time the Contest will be closed and no other entries shall be accepted.
  2. HOW TO ENTER.
    • There is no purchase necessary to enter a Contest. To enter prior to the end of an applicable Contest Period, visit the Pocket Fives Instagram page or other applicable Dynaleo social media page, log-in to that social media and, when prompted, post a social media post (an “entry”) in accordance with the directions given on a Pocket Fives Instagram post or other social media post announcing Contest instructions (each, a “Contest post”). Entries will only be valid if they meet all criteria and follow all directions set out in at least one Contest post. Entries must be received prior to the end of the applicable Contest Period to be eligible for entry.
    • Entrants may enter as many times as they wish, in accordance with the direction given on each of the Contest posts unless otherwise indicated.
    • By submitting an entry, the entrant grants Dynaleo permission to reproduce that entry, including, if applicable, any artwork, text, story, photograph, video or other material submitted in connection with the Contest entry (the “Work”) on the Pocket Fives Instragam page and any Dynaleo website, viewing gallery or social media account or channel, and grants Dynaleo a worldwide, royalty-free, non-exclusive right and license to copy, distribute and display each entry and the Works and use each entry and the Works in any manner including promotional, advertising, marketing, publicity and commercial uses without any further notice or payment to entrant (except where prohibited by law).
    • If any Work has been included in an entry, the entrant represents and warrants that: (i) the Work does not contain any material that is libelous, defamatory, profane or obscene; (ii) the Work is original and all right, title, and interest (including copyright) therein and thereto is owned and/or controlled by the entrant to the full extent necessary to enable Dynaleo to use the Work as contemplated by these Contest Rules; and (iii) the Work does not infringe upon the intellectual property, privacy, or other statutory or common law rights of any third party.
    • Entries received online shall be deemed to be submitted by the authorized account holder of the social media account associated with the entry. For the purposes of these Contest Rules, “authorized account holder” of a social media account is defined as the natural person who is assigned to that social media account by an internet access provider, on-line service provider, Instagram, Facebook, Twitter or other organization responsible for assigning social media accounts for the applicable social media platform. Each selected entrant may be required to provide Dynaleo with proof that the selected entrant is the authorized account holder of the social media account associated with the winning entry.
    • Each Contest prize shall have an approximate retail value between one Canadian dollar (CDN $1.00) and one thousand Canadian dollars (CDN $1,000.00) and shall be announced and described on the Pocket Fives Instagram page or other applicable Dynaleo social media platform or website (if applicable, the “Contest Website”) at the beginning of each Contest Period. Winners shall not be entitled to receive the difference between the actual prize value and the approximate prize value.
    • Winners will be contacted by Dynaleo or one of the affiliate brands directly with instructions on how to claim the prize. No communication or correspondence will be exchanged with entrants except with those selected as a potential Contest winner.
    • Prizes must be accepted as awarded and cannot be transferred, assigned, substituted or redeemed for cash, except at the sole discretion of Dynaleo. Any unused portion of a prize will be forfeited and have no cash value. Dynaleo reserves the right, in its sole discretion, to substitute a prize of equal or greater value if a prize (or any portion thereof) cannot be awarded for any reason.
    • Prizes will be distributed within 15 business days check after all winners have been successfully contacted and notified of their Prizes and fulfilled the requirements set out herein.
    • Dynaleo shall not assume any liability for lost, damaged or misdirected prizes.
    • In the case of gift cards or gift certificates, the terms by which the gift cards or gift certificates may be redeemed are governed by the applicable retailer or service provider. Dynaleo is not responsible for administering or ensuring compliance with the terms and conditions of the gift cards or gift certificates.
  3. PRIZE CONDITIONS.
    • All incidental costs and expenses not specifically referred to herein as part of the prize description (the “Expenses”) are the sole responsibility of the prize winner and/or guest(s), where applicable. All prize elements are subject to availability and substitution. The winner shall not seek reimbursement for the Expenses from Dynaleo and any subsidiaries.
  4. WINNER SELECTION.
    • Following the end of the applicable Contest Period, Dynaleo will select one (1) entrant (or more, if applicable, based on the number of prizes available to be won) by a random draw from all eligible entries received during the Contest Period, unless otherwise indicated. Each entrant shall be eligible to win only one (1) prize. The odds of being selected as a potential winner are dependent upon the number of eligible entries received for the Contest. Any remaining entries will not be carried over for entry in the next Contest.
    • Before being declared a winner, the selected entrant(s) shall be required to correctly answer, without assistance of any kind, whether mechanical or otherwise, a time-limited mathematical skill-testing question to be administered during a pre-arranged telephone call or by e-mail, to comply with these Contest Rules and may be required to sign and return the Release (described below).
    • Entrants selected as winners will be notified by Dynaleo via social media comment or direct message with instructions on how to contact Dynaleo through e-mail within 15 days of the end of the Contest Period. If the selected entrant does not respond within three (3) business days of notification, he/she will be disqualified and will not receive a prize and another entrant may be selected (as determined by Dynaleo in its sole discretion) until such time as an entrant satisfies the terms set out herein.
    • If, as a result of an error relating to the entry process, drawing or any other aspect of a Contest, there are more selected entrants than contemplated in these Contest Rules, there will be a random draw amongst all eligible prize claimants to award the correct number of prizes.
  5. Winners (and if applicable, any guest or nominee of the winner) may be required to execute a legal agreement and release (“Release”) that confirms his or her: (i) eligibility for the Contest and compliance with these Contest Rules; (ii) acceptance of the prize as offered; (iii) release Dynaleo, and if applicable, Facebook, Instagram, and Twitter, and each of their respective parent companies, subsidiaries, affiliates and/or related companies and each of 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. The executed Release(s) must be returned within three (3) 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.
  6. INDEMNIFICATION BY ENTRANT. By entering a Contest, each entrant releases and holds the Releasees harmless from any and all liability for any injuries, loss or damage of any kind to the entrants or any other person, including personal injury, death, or property damage, resulting in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of any prize, participation in the Contest, any breach of the Contest Rules, or in any prize-related activity. Each entrant agrees to fully indemnify Releasees from any and all claims by third parties relating to the Contest, without limitation.
  7. RIGHTS AND STATUS OF THE WORK. By providing the Work to Dynaleo, each entrant shall retain all right, title and interest (including copyright) in and to the Work, and shall grant to Dynaleo a worldwide, gratuitous, irrevocable, and exclusive licence to copy, use, modify, reproduce, display, adapt and transmit the Work 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 hereby confirms that the Work is an 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 Work or any part thereof. Dynaleo assumes no responsibility for any claims of infringement of rights to copyright, privacy and/or personality, and all such liability shall remain with the entrant. In addition, each entrant represents to Dynaleo that the Work does not infringe any copyright interest of any third party and that the Work is not defamatory or obscene does not violate any laws relating to hate speech or otherwise. Dynaleo reserves 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 Dynaleo in its sole discretion.
  8. By entering the Contest, the entrant acknowledges and agrees that it understands that Dynaleo, as a producer of cannabis and hemp-based edible products, spends significant time and resources to ensure that all material on Dynaleo’s social media, websites, and other published material is providing fair and accurate information about Dynaleo’s products and cannabis and hemp products in general, and that it is promoting its products, and brands in accordance with applicable laws and the highest ethical standards in its industry. The entrant understands that these standards require Dynaleo to ensure that young persons do not access Dynaleo’s promotional material; to restrict testimonials, sponsorships, images of people and animals, and other restricted content; to restrict material that may inaccurate, enticing to young persons, or that may associate cannabis products with positive emotions, lifestyles or outcomes; to prevent its social media from being used for dealing in illicit cannabis or sharing information about illicit cannabis; and similar restrictions, which may vary from Contest to Contest and between social media platforms. Accordingly, the entrant agrees that:
  • the entrant and all persons whom he or she tags in Dynaleo’s social media posts or invites to view Dynaleo’s social media, websites or other published materials is of the age of majority in the place where they reside;

 

  • the entrant will not include any testimonials, sponsorships, images of people or animals, or other restricted content in the Work or any posts on Dynaleo’s social media or posts tagging Dynaleo or mentioning Dynaleo products;

 

  • the entrant will not include any material in the Work or any posts on Dynaleo’s social media or posts tagging Dynaleo or mentioning Dynaleo products that may be inaccurate, enticing to young persons, or that may associate cannabis products with positive emotions, lifestyles or outcomes; and

 

  • the entrant will not use Dynaleo’s social media for dealing in illicit cannabis or sharing information about illicit cannabis.

Breach of any of these terms will cause the entrant to be disqualified and any rights he or she may have to any prize will be forfeited.

  1. LIMITATION OF LIABILITY. Dynaleo and any applicable sponsors 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. Dynaleo and any applicable sponsor 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 utilized in the Contest or by any technical or human error which may occur in the administration of the Contest. Dynaleo assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Dynaleo and any applicable sponsors are not responsible for any problems, failures or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, e-mail, players, or browsers, on account of technical problems or traffic congestion on the Internet, at any website, or on account of any combination of the foregoing or otherwise. Dynaleo and any applicable sponsors are not responsible for any injury or damage to any entrant or to any computer related to or resulting from participating or downloading materials related to the Contest. The entrant assumes liability for injuries caused or claimed to be caused by participating in the Contest, or by the acceptance, possession, use of, or failure to receive any prize. Dynaleo assumes 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 Dynaleo, such as infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or corruption of the administration, security, fairness, integrity or proper conduct of the Contest and/or the Contest Website.
  2. 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 Dynaleo, which shall be final and binding in all respects. Dynaleo reserves 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 any related promotional website; (c) violating the terms of service, conditions of use and/or general rules or guidelines of any Dynaleo’s property or service; (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person; and/or (e) breaching any of Dynaleo’s ethical standards regarding social media and promotional material for cannabis products. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE CONTEST WEBSITE OR ANY RELATED WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, DYNALEO RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING BUT NOT LIMITED TO CRIMINAL PROSECUTION. If 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. Dynaleo reserves the right to remove from any prize-related locations, any winner and/or guest who breaks such rules and/or fails to behave appropriately and to disqualify such winner and/or guest.
  3. PRIVACY / USE OF PERSONAL INFORMATION.
    • By participating in the Contest, each entrant: (i) grants to Dynaleo the right to use his/her personal information provided when he/she enters the Contest and the Work (if applicable) (collectively the “Personal Information”) for the purpose of administering the Contest, including but not limited to contacting and announcing the winners and coordinating the provision of the Contest prize; (ii) grants to Dynaleo the right to use his/her 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 Dynaleo may disclose his/her Personal Information to Dynaleo’s third-party agents and service providers in connection with any of the activities listed in (i) and/or (ii) above.
    • Dynaleo will use each entrant’s Personal Information only for identified purposes, and protect each entrant’s Personal Information in a manner that is in accordance with all applicable laws and regulations regarding privacy and personal information. Each entrant consents to the collection, processing, use and storage of his or her Personal Information for the purposes of this Contest.
  4. INTELLECTUAL PROPERTY. All intellectual property, including but not limited to trademarks, trade names, logos, designs, promotional materials, web pages, source code, drawings, illustrations, slogans and representations are owned by Dynaleo. All rights are reserved. Unauthorized copying or use of any copyrighted material or intellectual property without the express written consent of its owner is strictly prohibited.
  5. TERMINATION Dynaleo reserves the right, in its sole discretion, to terminate any Contest, in whole or in part, and/or modify, amend or suspend a Contest, and/or the Contest Rules in any way, at any time, for any reason without prior notice.
  6. These are the official Contest Rules. The Contests are subject to 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 Dynaleo 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 Dynaleo in connection with the Contests shall be governed by and construed in accordance with the laws of the province of Ontario 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.
  7. LANGUAGE 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, including but not limited to the Contest entry form, or point of sale, television, print or online advertising, the terms and conditions of the Contest Rules shall prevail, govern and control.
  8. 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 publicized, including but not limited to Facebook, Instagram and/or Twitter. Any personal information provided in connection with the Contest is being provided to Dynaleo and not to Facebook, Instagram, and/or Twitter. Any questions or comments regarding a Contest must be directed to Dynaleo and not to any of the social media platforms on which the Contest may have been advertised or administered.