APOTHIC SCRATCH PROMOTION CONTEST
OFFICIAL CONTEST RULES AND REGULATIONS

NO PURCHASE NECESSARY TO ENTER OR WIN

CONTEST OPEN TO LEGAL DRINKING AGE RESIDENTS OF
ALBERTA, MANITOBA & SASKATCHEWAN, CANADA ONLY

1. Contest Sponsor & Administrator: E. & J. Gallo Winery Canada, Ltd., 6711 Mississauga Rd, Suite 202, Mississauga, ON L5N 2W3 (“Sponsor” and “Administrator”).
2. Contest Period: The Apothic Scratch Promo Contest (“Contest”) begins at 12:00:00 am Central Time (“CT”) on January 31, 2022 and closes at 11:59:59 pm CT on February 28, 2022 (the “Contest Period”).
3. Eligibility: Open to legal residents of ALBERTA, MANITOBA AND SASKATCHEWAN, CANADA ONLY who are the legal drinking age in the province where they reside at the time of entry in the Contest. This Contest is NOT open to directors, officers, employees, contractors, agents, representatives and mandataries of Sponsor or its respective parent company, affiliates, sisters, subsidiaries, advertising and promotional agencies, and all other corporations, partnerships, or other legal entities or individuals associated with the development, administration, or fulfillment of this Contest (collectively, the “Contest Parties”), or the provincial liquor agencies, liquor licensees and private licensees or the immediate families of the aforementioned persons (defined as spouse, child, sibling, parent, son-in-law, daughter-in-law, grandparent, so-called “step” or “half” variations of any of the preceding individuals, and all descendants and each of their respective spouses, regardless of where they live), and those living in the same households, whether or not related, are ineligible to enter, win or collect prizes in this Contest.
4. Scratch Cards: 15,050 scratch cards will be distributed in Alberta and a combined total of 5,350 scratch cards will be distributed in Manitoba and Saskatchewan. There are six (6) winning scratch cards, each with a unique pin code (each a “Scratch Card” and collectively, the “Scratch Cards”). Three winning Scratch cards will be distributed in Alberta and three winning Scratch Cards will be distributed in Manitoba and Saskatchewan.
5. How to Enter: There are two ways to enter:
   1. Purchase Entry Method: Purchase one (1) bottle of Apothic Red 750ml or Apothic Cabernet Sauvignon 750ml (the “Participating Products”) with a Scratch Card attached to the neck (the “Participating Products”) during the Contest Term while supplies last (“With Purchase Entry”). Not all Participating Products are available in all stores. To determine if you are a prize winner, scratch the section indicated on the Scratch Card to reveal either a winning pin code (“Code”) or the message “Try Again”. One (1) Scratch Card per Participating Product. YOU MUST KEEP THE SCRATCH CARD WITH THE CODE. The Scratch Card is subject to verification by Sponsor.
   2. NO PURCHASE Entry Method: Purchase is not required. To obtain a Scratch Card without the purchase of a Participating Product, call 1-877-687-9463 (“No Purchase Entry Request”) during the Contest Term while supplies last. There is a limit of one (1) No Purchase Entry Request per call. The Scratch Card will be mailed to the address provided. Sponsor is not responsible for late, lost or damaged Scratch Cards. You must make your No Purchase Entry Request no later than 11:59:59 pm CT on February 28, 2022. No Purchase Entry Requests received after February 23, 2022 will be played by Sponsor to ensure timely entry into the Contest. To determine if you are a prize winner, scratch the section indicated on the Scratch Card to reveal either a Code or the message “Try Again”. YOU MUST KEEP THE SCRATCH CARD WITH THE CODE. The Scratch Card is subject to verification by Sponsor.
6. How to Claim a Prize:
   1. If your Scratch Card reveals a Code, visit www.apothic.ca/smoothwin (“Contest Website”) and provide the information requested on the registration page, including your contact information, confirmation that you are the legal drinking age, the Code and an image of the Scratch Card. The Code must be submitted by 11:59:59 pm CT on February 28, 2022.
   2. Only the entrant with a Scratch Card with a Code is eligible to claim a prize. Sponsor may require the entrant to mail the winning Scratch Card to the address in Section 1 for verification. Failure to provide the Scratch Card to Sponsor within the timeframe and in the manner requested by Sponsor may result, at the sole discretion of Sponsor, in disqualification of the Code and your disqualification from the Contest. Scratch Cards that are mutilated, altered, reproduced, forged, counterfeited, or altered in any way are void. Any prize awarded on the basis of an invalid Code or by fraudulent entry is forfeited and may be reclaimed by the Sponsor. You must fulfill the Contest requirements in these Official Contest Rules (“Official Rules”) before being awarded the prize.
7. Limit: One (1) prize per person or household during the Contest. Each entrant may only use one (1) email address or telephone number to participate in this Contest. Entrants may not create or enter with multiple accounts. Any entrant who attempts to enter with multiple accounts or under multiple identities will be disqualified and forfeits the prize won, in Sponsor’s sole discretion. If there is a dispute regarding the identity of an entrant, the entry will be deemed to have been submitted by the authorized account subscriber of the email address or phone number as of the time such information was received by Sponsor. The “authorized account subscriber” is defined the natural person who is the account holder assigned the email address by the email provider or the account holder assigned the telephone number by the telephone network associated with the number. You must enter using only an account registered in your name. The potential winner may be required to provide Sponsor with proof that he/she is the authorized account subscriber of the account associated with the winning entry. Entries that have been generated by a script, macro, bot or any other automated means will be deemed void. Entries not in compliance with these Official Rules may be disqualified in Sponsor’s sole discretion. Entries become the property of Sponsor. The computer designated by Sponsor is the official timekeeping device for determining the eligibility of all entries.
8. Prize(s) and Approximate Retail Value (“ARV”): There are six (6) prize packages available to be won: three (3) prize packages for Alberta residents and three (3) prize packages for Manitoba and Saskatchewan residents. Each prize package includes the following: Sony XG500 Splashproof Bluetooth Portable Party Speaker (ARV $675), $425 voucher to food delivery service, Wi-Fi projector and a 100” projector screen (ARV $245), and Riedel Extreme Red Glassware Set of 4 (ARV $155). The total ARV of each prize package is $1,500. SONY AND RIEDEL ARE NOT
   AFFILIATED WITH OR SPONSORS OF THIS CONTEST. Vouchers are subject to the terms set by the issuer. The prize is valid only for legal drinking age adults and is not transferable, assignable or convertible to cash except as otherwise provided herein and must be accepted as awarded. No substitution will be permitted. Notwithstanding the foregoing, if the prize cannot be awarded for any reason, Sponsor in its sole discretion reserves the right to substitute the prize with another prize of equal or greater monetary value. The difference between approximate retail value and actual retail value, if any, will not be awarded. Unclaimed or returned prizes will not be awarded. All tax liabilities that arise as a result of acceptance of the prize are the sole responsibility of the prize winner. Incidental expenses and all other costs and expenses which are not specifically listed as part of the prize in these Official Rules and which may be associated with the award, acceptance, receipt and use of all or any portion of the awarded prize are solely the responsibility of the winner. If any part of the prize becomes unavailable for any reason, Sponsor will not be responsible to award that part of the prize. PRIZE IS AWARDED “AS IS,” “WHERE IS,” WITH NO WARRANTY OR GUARANTEE EXPRESS OR IMPLIED.
9. Winner Notification: Sponsor will contact the prize claimant (the “Potential Winner”) with a winning Scratch Card at the email address provided at the time of registration on the Contest Website to verify eligibility. The Potential Winner must respond within forty-eight (48) hours from the time of the notification attempt by Sponsor. The failure to respond within forty-eight (48) hours will result in disqualification and forfeiture of the prize. Awarding of the prize is subject to verification of Potential Winner’s eligibility and full compliance with these Official Rules.
10. Requirements of Winner: Before being declared the winner, the Potential Winner will be required to: (a) correctly answer without aid or assistance a mathematical skill-testing question; and (b) sign and return within forty-eighty (48) hours of receipt of the Sponsor’s affidavit and liability release form (the “Affidavit”), which among other things: (i) confirms that Potential Winner is of legal drinking age; (ii) confirms compliance with these Official Rules and acceptance of the prize as awarded; (iii) releases Sponsor, Administrator and other contest parties, and each of their respective officers, directors, agents, representatives, successors and assigns, from any liability in connection with this Contest, the Potential Winner’s participation therein and the use/misuse of the prize or any portion thereof; and (iv) consents to the publication, reproduction and/or other use of the Potential Winner’s, name, address, statements about the Contest and/or photograph or other likeness without further notice or compensation, in any publicity or advertisement carried out by the Sponsor in any manner whatsoever, including print, broadcast or the Internet. If the Potential Winner fails to correctly answer the skill-testing question, fails to return the Affidavit within the specified time or is deemed ineligible for any other reason in Sponsor’s sole discretion, the Potential Winner will be deemed to have forfeited any rights to the prize and an alternate winner may, at Sponsor’s sole discretion, be selected in the same manner by random draw taken from the same pool of eligible entries.
11. Odds: The odds of winning a prize in Alberta is 1 in 15,050 and the odds of winning a prize in Manitoba and Saskatchewan is 1 in 5,350.
12. Delivery: The prize will be delivered to the winner after all requirements of Section 10 of these Official Rules have been satisfied.
13. Limitation of Liability and Release:
    1. Sponsor assumes no liability or responsibility from entrant’s participation in, or attempt to participate in, the Contest. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision or any other provision herein. Should any provision of the Official Rules be deemed unenforceable or invalid, the other provisions of the Official Rules shall remain in full force and effect. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor and/or Administrator. All such entries are subject to verification. By entering or otherwise participating in the Contest and/or accepting any prize, each entrant hereby fully and unconditionally agrees to be bound by these Official Rules and the decisions of Sponsor and Administrator, or their respective designated agents, which are final and legally binding in all respects, and agrees to waive any right to claim any ambiguity in these Official Rules. The entrant also agrees to assume all risk of loss, damage, destruction, delay or misdirection of materials and mail submitted to or from Sponsor or Administrator.
    2. The Contest is subject to all applicable federal, provincial and municipal laws. Except where prohibited, by participating in this Contest, each entrant agrees to release, indemnify and hold harmless the Contest Parties and each of their respective directors, officers, employees, contractors, agents, representatives (collectively, the “Released Parties”) from and against any injuries, losses, or damages of any kind to persons or property, including death, sustained, in whole or in part, directly or indirectly, in connection with or resulting from acceptance, possession or use/misuse of any prize, or participation in this Contest or participation in any Contest-related activities and further acknowledges that said Released Parties have neither made, nor are in any manner responsible or liable for, any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to any prize awarded in connection with the Contest. Entrants agree that all causes of action and any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs. Any and all disputes, claims and causes of action arising out of or relating to the Contest, or any prize awarded, will be resolved individually without resort to any form of class action. Provincial liquor agencies 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.
14. Disputes: Except where prohibited, participants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any entrant,Sponsor, Administrator and their respective agents, shall be governed by and construed exclusively in accordance with the laws of the Province of Ontario, without giving effect to conflicts of law principles. All entrants consent to jurisdiction and venue in the Province of Ontario.
15. General Conditions: If for any reason this Contest cannot be executed as planned, including but not limited to infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor that corrupt or affect the security, administration, fairness, integrity or proper conduct of this Contest, or if the Contest is compromised or becomes technically corrupted in any way, electronically or otherwise, the Sponsor reserves the right to cancel, suspend, terminate or modify the Contest. In such event, Sponsor, at its discretion, may select winner from the eligible, non-suspect entries fulfilling the applicable eligibility requirements prior to the event requiring such termination, cancellation or suspension. Sponsor reserves the right to correct any typographical, printing, computer programming or operator errors, including in the Official Rules. The Released Parties are not responsible for hardware, software or telephone failures of any kind, traffic congestion in any cellular telephone lines, networks, or towers, or any combination thereof, lost network connections, incomplete, garbled or delayed text message transmissions, whether caused by Sponsor, users, or by any of the equipment or programming associated with or utilized in the Contest, or by technical or human error which may occur and/or which may damage Sponsors’ ability to receive or store Contest data, or which may damage an entrant’s system in connection with the selected method of entry, or which may otherwise limit any entrant’s ability to participate and/or redeem the prizes in the Contest. In the event that any entrant’s entry attempt is not successfully received by Sponsor, that entrant’s sole remedy shall be to attempt to enter the Contest once again during the Contest Period. Sponsor reserves the right, at its sole discretion, to disqualify any individual who tampers with or attempts to tamper with the entry process or the operation of the Contest or who enters using any automatic or programmed entry duplication method. The Sponsor is not responsible for late, lost, damaged, misdirected, mutilated, garbled, illegible or incomplete No Purchase Entry Requests or entries. Proof of transmission does not constitute proof of receipt by Sponsor. No responsibility is assumed by the Contest Parties for any inability of a potential entrant to successfully enter the Contest for any reason, or for prizes that remain unclaimed or unawarded.
16. Data: Sponsor is collecting personal data about entrants for the sole purpose of administering this Contest and by entering this Contest, each entrant expressly consents to the Sponsor, its agents and/or representatives, storing, sharing and using the personal data submitted for this purpose. No further informational or marketing communications will be received by entrants unless entrants provide explicit permission to do so. All personal information submitted by you as part of this Contest will be treated in accordance with the Sponsor’s Privacy Policy available at https://apothic.ca/privacy-policy/, except as otherwise described in these Official Rules.
17. Winners List: The identity of the winner (name and city/province) will be made available on request to anyone that mails a written request to Sponsor at the address above within ten (10) weeks of the closing date of the Contest Period.
18. Agreement to Official Rules and Privacy: By entering this Contest, each entrant acknowledges having read these Official Rules and agrees to be bound by (i) these Official Rules; and (ii) the decisions of Sponsor, which is final and binding on all entrants, without right of appeal, including without limitation eligibility, validity, contents, and/or disqualification of an entry.

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