Terms and conditions for promotions

1. These are the terms and conditions which apply to any competition, prize draw or promotion which we or our promotion partners may run, whether on our or their websites, social media platforms, on-air or otherwise (‘Promotion‘).

2. By entering a Promotion you agree to be bound by these terms and conditions along with any other Specific Rules which relate to a Promotion. Specific Rules might include entry instructions and any other specific details, rules or conditions relating to a particular Promotion, and might be published on our or our promotion partners’ website, social media platforms, or may be found in any other media which features a Promotion. The Specific Rules will usually (but may not always) refer to these terms and conditions.

3. In these terms and conditions, ‘we‘, ‘ us‘, ‘our‘ and ‘Promoter ‘ all mean The Herbary Inc. Our registered address is: 60 Harlowe Road, Suite 11, Hamilton, ON, L8W 3R6.
Our ‘promotion partners‘ are third parties who operate promotions with us or on our behalf – they will be named in the Specific Rules.

Start and end date/time

4. Each Promotion will start immediately (i.e. as soon as it is first promoted), unless a later start date/time is specified. The closing date/time for a Promotion will be made clear in the Specific Rules or the relevant promotional materials. All times will be based on EST time.

Entering a Promotion

5. Each Promotion will be open to individuals who are Canadian resident and aged 19 or over unless the Specific Rules or other promotional materials or announcements specify a different geographic region or a different minimum age.

6. In any event, our employees, agencies, freelancers, contractors (and those of any of our promotion partners, associated companies or prize providers) and their immediate family members or households (whether related or not), and anyone else professionally involved with the relevant Promotion, are excluded from entering and from winning (‘Excluded Individual(s)‘).

7. To enter, follow the entry process for the relevant Promotion, which will usually be explained in the Specific Rules and/or promotional materials or announcements.

8. You may only make a maximum of one entry into each Promotion (unless the Specific Rules for a particular Promotion expressly set a higher maximum number of entries for that Promotion).

9. There is no charge to enter a Promotion and no purchase is necessary.

Winner selection/notification

10. Unless otherwise specified in the Specific Rules:

10.1 In the case of a prize draw, winner(s) will be selected at random. This will be done by an automated process or a process which will be conducted or supervised by an independent person, or at least 2 individuals, as otherwise mentioned in the Specific Rules.

10.2 In the case of a competition, winner(s) will either be selected by (a) an independent judge or (b) a panel of judges which includes at least one independent judge.

11. If you win a prize, we will notify you within fourteen (14) days of the end date of the Promotion. To claim the prize, respond to the notification within the deadline set out in the Specific Rules (or within 28 days if no time frame is set in the Specific Rules within the notification) and follow the instructions which will be provided to you.

Prizes

12. The prize or prizes will be as described in the relevant Specific Rules. Imagery may be for illustrative purposes only, and colours and other minor details may vary.

13. Each prize is non-transferable, non-refundable and no cash alternative is available.

14. If we consider it necessary or appropriate, a prize or prizes (or part thereof) might be varied or swapped for a suitable alternative which will be decided in our sole discretion.

15. If you fail to claim the prize within the time-limit or fail to comply with any other instructions or time-limits notified to you or provide us with incorrect or fraudulent information, you will forfeit your right to the prize. We will then select an alternative winner. You’ll need proof of your ID to claim a prize.

16. You will not be entitled to receive a prize which, for any reason, you would be prohibited by law from purchasing, using, owning or possessing.

17. The prize cannot be used in conjunction with other offers, promotions or prizes.

18. Unless otherwise stated in the Specific Rules, you may not win more than one prize per Promotion and we reserve the right to withhold or reclaim any second or subsequent prize.

Publicity and identity of winners

19. If you win a prize, you may be required to take part in reasonable publicity.

20. We and the prize provider may publish and publicize your name, image, social media handle and/or profile picture, and your entry, or the prize, in any and all media, worldwide, in perpetuity, for publicity and PR purposes.

21. We may carry out an interview with you either by telephone or in person and we may film, record and/or photograph the interview and we may use such film, recording and/or photograph(s) for publicity and PR purposes in any and all media, worldwide in perpetuity.

Use of your entry

22. By entering a Promotion or submitting a video, image, audio file or any other materials in relation to a Promotion (including as part of the entry process or as part of a prize) or if you tag or mention us directly or indirectly in any photo, video or content in connection with the Promotion, you agree that we can re-post, re-tweet, publicise and otherwise use that photo, video or content (with or without any accompanying comments and information like your handle and profile pic). You agree that we can do that via the same platform(s) that you posted or shared the photo, video or content, as well as via other social networks and platforms that we use, and on our websites. However, obviously we’ll never sell or charge anyone for copies of your photos, videos or other content (without your approval). And, just to be clear, unless otherwise expressly stated in the Specific Rules, you will remain the owner of the rights (e.g. copyright) in your photo, video or other content, but you agree not to use all or any of them in connection with a competitor of ours. You waive your moral rights in relation to the same.

23. You warrant and undertake (i.e. guarantee), that:

23.1 you own and control all of the rights in your entry, and you have the right to grant the rights set out in these terms and conditions and any Specific Rules;

23.2 you have obtained written consent from anyone featured or mentioned in your entry, and your entry (and our and any third party’s use of it) does not and will not infringe the rights of any individual or business (including any intellectual property rights, moral rights, right to privacy, confidentiality, etc.);

23.3 your entry does not violate any applicable law or regulation;

23.4 your entry does not contain anything which is indecent, untrue, defamatory, unlawful, hateful, threatening, demeaning, inappropriate, obscene, malicious or which is in contempt of court;

23.5  your entry will not cause any kind of harm or damage, and does not (to the best of your knowledge or belief) contain any virus, malware, spyware or similar.

24. You will sign such document as we reasonably request, at no cost to us, to confirm any or all of the above.

25. Unless otherwise stated, your entry will not be returned to you.

Data Protection

26. Your personal data will be collected and processed by us and the promotional partners named in the Specific Rules, as well as the prize providers, in order to administer this Prize Draw.

27. We will also use entrants’ personal data for marketing purposes where consent has been provided.

Liability

28. Your entry or participation in Promotion and/or Prize is at your own risk. If the Promotion or prize requires that you undertake any physical activity please ensure, before entering the Promotion, that you are in good health, that you have informed us before or at the time of claiming the prize of any underlying medical condition, physical or other impairment or medication you are taking which may be relevant and which could adversely affect your use or enjoyment of the prize, or ability to claim the prize. You must notify us immediately if you become ill or become aware of any other relevant medical or health and safety information which could affect your participation in a Promotion and/or prize. If you have a disability, please make this clear to us when you claim the prize so we can consult with you well in advance of the prize and make such reasonable adjustments as are practical and within our reasonable control, based on all the circumstances, to ensure that you can enjoy the prize to the fullest extent.

29. If we consider that you or your entry are in breach of these terms and conditions, or if we have grounds to suspect any entrant or third party of cheating, deception or fraudulent or unsportsmanlike conduct of any kind (including, without limitation, manipulating a Promotion, choice of prize winner(s) or any entry), without limiting the options available to us, we reserve the right in our sole discretion (and without us incurring any liability) to disqualify any entrant, entry or person we reasonably believe to be responsible for, or associated with, such activity. We also reserve the right to disqualify you from a Promotion and/or prize (without us incurring any liability) if in our reasonable opinion you or your guests or travel companions conduct yourselves in a way which is abusive or which exposes you or others to any medical, security, safety or similar risk whatsoever (including if you are intoxicated or abusive in any way). You agree that you will not do anything which is likely to bring us or any of our promotion partners into disrepute or which might adversely affect our reputation or the Promotion.

30. Save that nothing in these terms and conditions limits or excludes our (or any third party’s) liability arising from fraud or from death or personal injury caused by negligence or any other type of liability which may not be limited or excluded by law, to the fullest extent permissible by law, we (and the promotion partners and any providers of a prize) (a) shall have no liability in relation to any act or omission of any third party and (b) exclude all liability to you and anyone else for any indirect loss, damage or harm of any kind arising from or in connection with the Promotions and prizes and your use or enjoyment of them. For example, if you book or take time off work with the intention of taking up a prize (e.g. an event) on a particular date, and the event is subsequently postponed, changed or cancelled, we would not be responsible for covering your wages or salary for your missed day of work on that day or any other day off you take. This is only one example and is not intended to limit the general interpretation of this clause.

31. In no event will our and/or the promotion partners’ total aggregate liability to you exceed the cost of the prize.

32. Unless otherwise expressly stated in the Specific Rules, the Promotions are in no way sponsored, endorsed or administered by, or associated with any social media platform (including without limitation Twitter, Facebook, Instagram or YouTube). You hereby release all such social media platforms from any liability. Any questions, comments or complaints regarding this Promotion must be directed to the Promoter only, and NOT to any social media platform.

Other rules

33. We reserve the right to withdraw or amend any Promotion, Specific Rules and/or these terms and conditions if we consider it necessary or appropriate to do so for reasons beyond our reasonable control or if there has been a broadcasting or printing error, etc. Any changes will be posted here and/or on our website.

34. When entering a Promotion or claiming a prize you must use your real name. You may be required to provide us with proof of your identity and eligibility on request. Failure to provide adequate information (or to adequately prove eligibility) may result in your disqualification and/or withholding or withdrawal of a prize.

35. No multiple, bulk, automated, machine assisted, third party, syndicate or other group entries will be accepted. We will disqualify any entries which, in our reasonable opinion, appear to have used any of these entry methods (including multiple entries, unless permitted) from the same IP address, telephone number, or similar. You may not enter a Promotion if you have been given the answer(s) or any other relevant information in relation to the Promotion, directly or indirectly by any Excluded Individual.

36. For Promotions involving online voting, only one vote for each valid email address will be accepted. We reserve the right to disqualify any entrant making, or attempting to make, multiple votes, and to disregard any votes which we, in our sole discretion but acting reasonably, consider to be suspicious or fraudulent.

37. You agree to keep confidential any information which you know or reasonably ought to know is confidential and which relates to us, our business, the Promotion or prize.

38. If Specific Rules contain a rule which directly contradicts these terms and conditions, to the extent of that contradiction the Specific Rules will override these terms and conditions for that Promotion. Otherwise, these terms and conditions will continue to apply in their entirety.

39. In these terms and conditions, any Specific Rules and promotional materials, examples are given to help illustrate some terms, they are not exhaustive and do not limit those terms in any way.

40. In the event of any dispute, our and any judges’ decisions are final and no correspondence will be entered into.

41. So that we can ensure the fairness of our Promotions, we reserve the right to prevent you, at our absolute discretion, from entering any of the Promotions for a period of six months (“Exclusion Period“) if you have either (A) won a prize valued at $1,000 or above, or (B) won more than one prize during the previous six months. If we choose to exercise this right, we will notify you in writing. If you continue to enter any Promotion during the Exclusion Period, we reserve the right, at our absolute discretion, to disregard your entry, remove prizes and impose a further exclusion period of twelve months from the date of your last entry attempt. Entry fees (if any) will not be refunded.

42. These terms and conditions, together with the relevant Specific Rules, represent the entire agreement between you and us in relation to the Promotion and the prize. The invalidity, illegality, or unenforceability of the whole or any part of the terms and conditions or any Specific Rules does not affect the remainder of these terms and conditions or any Specific Rules, which will remain in full force and effect. These terms and conditions and the Specific Rules do not create any right or benefit enforceable by any third party.

43. The Promotion, and these terms and conditions, are governed by Canadian law, and any disputes arising in connection with them shall be subject to the exclusive jurisdiction of the Canadian courts.

44. For all enquiries in relation to a Promotion or these terms and conditions, please contact info@theherbary.com

2,000,000 Point Giveaway

Specific Rules

• Promotion runs from July 4 – July 31, 2023.
• No purchase necessary.
• Entries made without purchase are limited to one entry per week (maximum of 4 entries).
• Individuals entering without purchase must register with The Herbary and provide name, date of birth, phone number and email address and agree to receive text and email messages. Your data will not be shared.
• Each entry will be numbered; winners will be determined by an independent, 3rd party random number generator.
• Draws will be made no later than August 15, 2023.
• From each of the 4 Ontario Herbary locations, one grand prize winner (200,000 points), one second place winner (100,000 points) and 20 runner-up winners (10,000 points each) will be drawn.
• Grand and 2nd prize winners will be contacted by telephone; runners-up will be notified by text. A valid telephone number must be provided to be eligible for a prize. Winners will be notified no later than August 31, 2023.
• Club Oasis points can be redeemed for merchandise in store only. 500 Club Oasis points = $1; points must be redeemed in increments of 5000 points. Points value cannot exceed purchase value.
• Staff are not eligible for this promotion.

This document was last updated on July 3rd, 2023