LOTTO MAX Thrift Drop Contest RULES AND CONDITIONS

June 21, 2024, to July 14, 2024

NO PURCHASE NECESSARY. THIS CONTEST IS OPEN TO ONTARIO RESIDENTS 18+ ONLY.   

Standard data rates apply to participants who choose to participate in the Contest via a mobile device.  Please contact your service provider for pricing and service plan information and rates before mobile device participation.  

1. INSTAGRAM NOT INVOLVED: 

The LOTTO MAX Thrift Drop Contest (the “Contest”) is in no way sponsored, endorsed or administered by, or associated with Instagram (“Instagram”). You understand that you are providing your information to Ontario Lottery and Gaming Corporation (the “Sponsor” or “OLG”) and/or its promotional agency or designated representative (the “Reviewer”). The information you provide will only be used for the administration of this Contest and in accordance with the Sponsor’s privacy policy (see below). Instagram is completely released of all liability by each participant in this Contest.  Any questions, comments or complaints regarding the Contest must be directed to the Sponsor and not Instagram. You may only use one (1) Instagram Account (the “Account”) to participate in this Contest.  Multiple Accounts are not permitted.   

2. CONTEST PERIOD:   

The Contest begins on June 21^st, 2024, at 12:00 PM ET and ends on July 14^th, 2024, at 9:00 PM ET (the “Contest Period”).   

3. ELIGIBILITY: 

Contest is open only to residents of Ontario, Canada who are eighteen (18) years of age or older at the time of entry, except employees, officers, directors, representatives or agents  of the Sponsor, its parent companies, subsidiaries, associated and affiliated entities, prize suppliers, advertising/promotion agencies including the Reviewer, the Alcohol and Gaming Commission of Ontario, and any other individual(s), entity or entities involved in the development, production, implementation, administration or fulfillment of the Contest (collectively, the “Contest Parties”).    

4. AGREEMENT TO BE LEGALLY BOUND BY RULES:  

By participating in this Contest, you are signifying your agreement that you have read and agree to be legally bound by these Official Rules and Regulations (the “Rules”). 

5. HOW TO ENTER: 

NO PURCHASE NECESSARY. VOID WHERE PROHIBITED. YOU MUST HAVE A VALID INSTAGRAM ACCOUNT IN ORDER TO PARTICIPATE IN THIS CONTEST, AS SET OUT HEREIN.  To be eligible to earn an Entry (each, an “Entry” and collectively, the “Entries”) in the Contest, you must complete the following steps during the Contest Period:   

• First, visit a LOTTO MAX pop-up at either eligible event listed in Section 10b below (list also available at olg.ca/thriftshop) during the Contest Period, during the dates and times outlined (“Events”). 

• Second, once you have located the OLG pop up at any Event, take one photo or video of your experience at the pop up (“Photo” or “Video”).

• Third, during the Contest Period, log-in to your Instagram Account and visit the Sponsor’s official OLG Account on Instagram at @olg.ca (the “Sponsor’s Account”). You must be or become a “follower” of the Sponsor’s Account (Note: you can un-follow at any time after the Contest ends without impacting your chances of winning).  Share the Photo or Video on Instagram as either a story or a post with a caption that includes #LOTTOMAXThriftDropand tag @olg.ca (collectively, the “Post”) for a chance to win a Prize as set out in these Rules. Eligible participants must ensure their Account is set to “public” mode and is visible to Sponsor and Reviewer to be eligible for entry.

Once you have completed all of the foregoing steps (in accordance with these Rules, during the Contest Period) you will be eligible to earn one (1) Entry in the Contest per unique Post, subject to the limits in Rule 6. All materials relating to your Entry, including the Photo, Video and Post, will hereinafter be referred to as the “Entry Materials”. All Entry Materials must comply with these Rules, as well as the applicable terms, rules, policies and guidelines of Instagram (the “Instagram Rules”). Any Entry Materials that do not comply with these Rules (including, but not limited to, the specific Submission Requirements listed below in Rule 8) and/or the applicable Instagram Rules (all as determined by Sponsor and/or Reviewer in its sole and absolute discretion) will be discarded and will not be eligible for entry in this Contest. 

6. ENTRY LIMIT: 

There is a limit of ten (10) Entries per Account and per eligible person. If it is discovered by the Sponsor and/or Reviewer (using any evidence or other information made available to or otherwise discovered by the Sponsor and/or Reviewer) that any person has attempted to: (i) obtain more than ten (10) Entries; and/or (ii) use multiple names, identities, email addresses, Accounts, any automated, macro, script, robotic or other system(s) or program(s) and/or any other means not in keeping with the Sponsor’s and/or Reviewer’s interpretation of the letter and spirit of these Rules to enter or otherwise participate in or to disrupt this Contest; then he/she may be disqualified from the Contest in the sole and absolute discretion of the Sponsor and/or Reviewer. The Contest Parties, Instagram Inc., Live Nation Ontario Concerts GP Inc. (collectively “Festival Entities”), Live Nation Canada, Inc. (“Live Nation”)  and each of their respective agents, employees, directors, officers, successors, and assigns, owners, parents, partners, subsidiaries and affiliates, whether direct or indirect, and all members, partners, shareholders, representatives  (collectively, the “Released Parties”) are not responsible for late, lost, misdirected, delayed, incomplete or incompatible Entries (all of which are void). As applicable, an Entry may be rejected if, in the sole and absolute discretion of the Sponsor and/or Reviewer: (i) the Entry is not submitted and received in accordance with these Rules; and/or (ii) the Entry Materials accompanying the Entry are not in compliance with these Rules (including, but not limited to, the specific Submission Requirements listed below in Rule 8) and/or the applicable Instagram Rules (all as determined by Sponsor and/or Reviewer in its sole and absolute discretion).  

7. VERIFICATION: 

All Entries, Entry Materials and entrants are subject to verification at any time and for any reason.  The Sponsor and/or Reviewer reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsor and/or Reviewer – including, without limitation, government issued photo identification): (i) for the purposes of verifying an individual’s eligibility to participate in this Contest; (ii) for the purposes of verifying the eligibility and/or legitimacy of any Entry, Entry Materials and/or other information entered (or purportedly entered) for the purposes of this Contest; and/or (iii) for any other reason the Sponsor and/or Reviewer deems necessary, in its sole and absolute discretion, for the purposes of administering this Contest in accordance with the Sponsor’s and/or Reviewer’s interpretation of the letter and spirit of these Rules.  Failure to provide such proof to the complete satisfaction of the Sponsor and/or Reviewer within the timeline specified by the Sponsor and/or Reviewer may result in disqualification in the sole and absolute discretion of the Sponsor and/or Reviewer.  The sole determinant of the time for the purposes of this Contest will be the Sponsor’s and/or Reviewer’s official time-keeping device(s).  

8. SUBMISSION REQUIREMENTS: 

BY SUBMITTING AN ENTRY, YOU AGREE TO RELEASE THE RELEASED PARTIES FROM ANY AND ALL LIABILITY IN CONNECTION WITH THE CONTEST AND YOUR PARTICIPATION THEREIN AND TO INDEMNIFY THE RELEASED PARTIES AGAINST ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, COSTS, AND EXPENSES ARISING FROM YOUR PARTICIPATION IN THE CONTEST. BY SUBMITTING AN ENTRY, YOU ALSO AGREE THAT THE ENTRY (AND EACH INDIVIDUAL COMPONENT THEREOF – INCLUDING, WITHOUT LIMITATION, THE ENTRY MATERIALS) COMPLIES WITH ALL CONDITIONS STATED IN THESE RULES. THE RELEASED PARTIES WILL BEAR NO LIABILITY WHATSOEVER REGARDING: (I) THE USE OF YOUR ENTRY (OR ANY COMPONENT THEREOF – INCLUDING, WITHOUT LIMITATION, THE ENTRY MATERIALS); (II) PARTICIPATION IN ANY CONTEST-RELATED ACTIVITIES; (III) ANY USE, COLLECTION, STORAGE AND DISCLOSURE OF ANY PERSONAL INFORMATION; AND/OR (IV) IF DECLARED THE WINNER, ANY PRIZE (INCLUDING ANY USE OR MISUSE OF ANY PRIZE).  THE RELEASED PARTIES SHALL BE HELD HARMLESS BY YOU IN THE EVENT IT IS DISCOVERED THAT YOU HAVE DEPARTED FROM OR NOT OTHERWISE FULLY COMPLIED WITH ANY OF THESE RULES AND/OR THE INSTAGRAM RULES. THIS RELEASE AND INDEMNITY SHALL CONTINUE IN FORCE FOLLOWING THE TERMINATION OF THE CONTEST AND/OR AWARDING OF ANY PRIZE.   

By participating in the Contest, each entrant hereby warrants and represents that any Entry Materials he/she submits:  

1. are original to him/her and that the entrant has obtained all necessary rights in and to the Entry Materials for the purposes of entering such Entry Materials in the Contest; 
2. do not violate any law, statute, ordinance or regulation; 
3. do not contain any reference to or likeness of any identifiable third parties, unless consent has been obtained from all such individuals and their parent/legal guardian if they are under the age of majority in their jurisdiction of residence;  
4. will not give rise to any claims whatsoever, including, without limitation, claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party; and 
5. are not defamatory, trade libelous, pornographic or obscene, and further that they will not contain, depict, include, discuss or involve, without limitation, any of the following: nudity; alcohol/drug consumption or smoking; irresponsible gambling; explicit or graphic sexual activity, or sexual innuendo; crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups (including, without limitation, any competitors of Sponsor); content that endorses, condones and/or discusses any illegal, inappropriate or risky behaviour or conduct; personal information of individuals, including, without limitation, names, telephone numbers and addresses (physical or electronic); commercial messages, comparisons or solicitations for products or services other than products of Sponsor; any identifiable third party products, trade-marks, brands and/or logos, other than those of Sponsor; conduct or other activities in violation of these Rules; and/or any other materials that are or could be considered inappropriate, unsuitable or offensive, all as determined by the Sponsor and/or Reviewer in its sole and absolute discretion. 

The Sponsor and/or Reviewer reserves the right to screen all Entry Materials.   Any Entry Materials that the Reviewer deems, in its sole and absolute discretion, to violate the terms and conditions set forth in these Rules are subject to disqualification.  The Reviewer reserves the right, in its sole and absolute discretion at any time and for any reason, to request an entrant to modify, edit and/or re-submit his or her Entry Materials (or any part thereof) in order to ensure that the Entry Materials comply with these Rules, or for any other reason.   If such an action is necessary at any point during or after the Contest, then the Sponsor reserves the right, in its sole discretion, to take whatever action it deems necessary based on the circumstances – including, without limitation, disqualifying the Entry Materials (and therefore the corresponding Entry and/or the associated entrant) – to ensure that the Contest is being conducted in accordance with the Sponsor’s interpretation of the letter and spirit of these Rules. 

By entering the Contest and submitting an Entry, each entrant: (i) without limiting the Instagram Rules, grants to the Sponsor, in perpetuity, a worldwide, non-exclusive, license to publish, display, reproduce, modify, edit, make available, communicate to the public by telecommunication and otherwise use his/her Entry Materials (and each component thereof), in whole or in part, for advertising or promoting the Contest or for any other reason in any type of media; (ii) waives all moral rights in and to his/her Entry Materials (and each component thereof) in favour of the Sponsor (and anyone authorized by the Sponsor to use such Entry Materials); and (iii) agrees to release and hold harmless the Released Parties from and against any and all claims, damages, liabilities, costs, and expenses arising from use of his/her Entry Materials (or any component thereof), including, without limitation, any claim based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related or other cause of action whatsoever.    

9. PRIZES:  

There is one prize available to be won in this contest, consisting of one jacket from the OLG Thrift Drop Dream Haul which includes a $100 gift card redeemable on OLG.ca and a $500 Ticketmaster gift card (the “Prize”).    

Approximate Retail Value (“ARV”) of the Prize is: Eight Hundred Canadian Dollars (CA $800). Any difference between the stated approximate retail value and actual value of each prize will not be awarded.  

Prize must be accepted as awarded and is not transferable, assignable or convertible to cash (except as may be specifically permitted by Sponsor in its sole and absolute discretion).  No substitutions except at Sponsor’s and/or Reviewer’s option.  Sponsor and/or Reviewer reserves the right, in its sole and absolute discretion, to substitute a Prize or a component thereof with a prize of equal or greater retail value, including, without limitation, but at Sponsor’s sole and absolute discretion, a cash award.  The costs of everything not expressly included above in the Prize description will be the sole responsibility of the confirmed winner. All characteristics and features of the Prize, except as otherwise explicitly stated above, are at the Sponsor’s and/or Reviewer’s sole and absolute discretion. None of the Released Parties makes any representation or offers any warranty, express or implied, as to the quality or fitness of the Prize awarded in connection with the Contest. To the fullest extent permitted by applicable law, the confirmed winner understands and acknowledges that he or she may not seek reimbursement or pursue any legal or equitable remedy from either the Sponsor or any of the other Released Parties should his/her Prize fail to be fit for their purpose or are in any way unsatisfactory.  For greater certainty and the avoidance of any doubt, by accepting the Prize, the confirmed winner agrees to waive all recourse against the Released Parties if his/her Prize or a component thereof does not prove satisfactory, either in whole or in part.

The Prize will be shipped to the selected winner once he/she has been confirmed as a winner by OLG in accordance with these Rules.  

10. ELIGIBLE WINNER SELECTION PROCESS (RANDOM DRAW):

On July 18th, 2024, a random draw from among all eligible Entries submitted and received in accordance with these Rules will occur to select the Prize winner. The odds of winning the Prize depend on the number of eligible Entries submitted and received during the Contest Period in accordance with these Rules.     

List of LOTTO MAX Thrift Drop Contest Events and Dates
 

11. ELIGIBLE WINNER NOTIFICATION PROCESS: 

The Sponsor and/or Reviewer will make a minimum of three (3) attempts to contact the eligible winner via @reply on Instagram within three (3) business days of the Draw Date. The selected entrant is solely responsible for ensuring his/her Account settings are set to be able to receive notification messages, monitoring his/her Account for such notification messages and following all instructions contained in such notification messages, failing which, he/she may be disqualified (as determined by the Sponsor and/or Reviewer at its sole discretion). 

If the eligible winner cannot be contacted as outlined above, or if there is a return of any notification as undeliverable; then he/she may, in the sole and absolute discretion of the Sponsor and/or Reviewer, be disqualified (and, if disqualified, will forfeit all rights to the Prize) and the Sponsor and/or Reviewer reserves the right, in its sole and absolute discretion and time permitting, to randomly select an alternate eligible entrant from among the remaining eligible Entries submitted and received in accordance with these Rules in accordance with the procedures outlined in Rule 10 (in which case the foregoing provisions of this section shall apply to such newly selected eligible winner).   

12. ELIGIBLE WINNER CONFIRMATION PROCESS: 

NO ONE IS A WINNER UNLESS AND UNTIL THE SPONSOR AND/OR REVIEWER OFFICIALLY CONFIRMS HIM/HER AS THE WINNER IN ACCORDANCE WITH THESE RULES, EVEN IF SUCH PERSON IS ANNOUNCED AS THE WINNER OR AN ELIGIBLE WINNER.  BEFORE BEING DECLARED AS A CONFIRMED PRIZE WINNER, the eligible winner will be required to correctly answer a mathematical skill-testing question without mechanical or other aid (which may, in the sole and absolute discretion of the Sponsor and/or Reviewer, be administered online, by email or other electronic means, by telephone, or in the Sponsor’s form of declaration and release).  In addition, the eligible winner will be required to sign and return within three (3) business days of notification the Sponsor’s declaration and release form, which (among other things): (i) confirms compliance with these Rules; (ii) acknowledges acceptance of the applicable Prize (as awarded); (iii) releases the Released Parties from any and all liability in connection with this Contest, his/her participation therein and/or the awarding and use/misuse of the applicable Prize or any portion thereof; and (iv) agrees to the publication, reproduction and/or other use of his/her name, address, voice, statements about the Contest and/or photograph or other likeness without further notice or compensation, in any publicity or advertisement carried out by or on behalf of the Sponsor in any manner or medium whatsoever, including print, broadcast or the internet.  If the eligible winner: (a) fails to correctly answer the skill-testing question; (b) fails to return the properly executed Contest documents within the specified time; (c) cannot accept (or is unwilling to accept) the Prize (as awarded) for any reason; and/or (d) is determined to be in violation of these Rules (all as determined by the Sponsor and/or Reviewer in its sole and absolute discretion); then he/she will be disqualified (and will forfeit all rights to the Prize) and the Sponsor and/or Reviewer reserves the right, in its sole and absolute discretion and time permitting, to randomly select an alternate eligible entrant from among the remaining eligible Entries submitted and received in accordance with these Rules in accordance with the procedures outlined in Rule 10 (in which case the foregoing provisions of this section shall apply to such newly selected eligible winner).    

13. GENERAL CONDITIONS: 

This Contest is subject to all applicable federal, provincial and municipal laws.  The decisions of the Sponsor and/or Reviewer with respect to all aspects of this Contest are final and binding on all entrants without right of appeal.  ANYONE DEEMED BY THE SPONSOR AND/OR REVIEWER TO BE IN VIOLATION OF THE SPONSOR’S AND/OR REVIEWER’S INTERPRETATION OF THE LETTER AND/OR SPIRIT OF THESE RULES FOR ANY REASON IS SUBJECT TO DISQUALIFICATION IN THE SOLE AND ABSOLUTE DISCRETION OF THE SPONSOR AND/OR REVIEWER AT ANY TIME.   

The Released Parties will not be liable for: (i) any failure of any website or any platform during the Contest; (ii) any technical malfunction or other problems of any nature whatsoever, including, without limitation, those relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; (iii) the failure of any Entry, Entry Materials, or other information to be received, captured or recorded for any reason whatsoever, including, but not limited to, technical problems or traffic congestion on the internet, Instagram or at any website; (iv) any injury or damage to an entrant’s or any other person’s computer or other device related to or resulting from participating in the Contest; (v) anyone being incorrectly and/or mistakenly identified as a winner or eligible winner; and/or (vi) any combination of the above.  

The Sponsor reserves the right, in its sole and absolute discretion, to withdraw, amend or suspend this Contest (or to amend these Rules) in any way, in the event of any cause beyond the reasonable control of the Sponsor and/or Reviewer that interferes with the proper conduct of this Contest as contemplated by these Rules, including, without limitation, any error, problem, computer virus, bugs, tampering, unauthorized intervention, fraud or failure of any kind whatsoever.  Any attempt to undermine the legitimate operation of this Contest in any way (as determined by Sponsor in its sole and absolute discretion) may be a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law.   

The Sponsor reserves the right, in its sole and absolute discretion, to cancel, amend or suspend this Contest, or to amend these Rules, in any way without prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind, or for any other reason whatsoever.  Without limiting the generality of the forgoing, the Sponsor reserves the right, in its sole and absolute discretion, to administer an alternate test of skill as it deems appropriate based on the circumstances and/or to comply with applicable law. 

By entering this Contest, each entrant expressly consents to the Sponsor, its agents and/or representatives including the Reviewer, storing, sharing and using the personal information submitted for the purpose of administering the Contest and in accordance with Sponsor’s privacy policy (available at: https://about.olg.ca/privacy-policy/).  This section does not limit any other consent(s) that an individual may provide the Sponsor or others in relation to the collection, use and/or disclosure of their personal information. 

The Sponsor reserves the right, in its sole and absolute discretion, to adjust any of the dates, timeframes and/or other Contest mechanics stipulated in these Rules, to the extent deemed necessary by the Sponsor, for purposes of verifying compliance by any entrant, Entry, Entry Materials and/or other information with these Rules, or as a result of any technical or other problems, or in light of any other circumstances which, in the opinion of the Sponsor, in its sole and absolute discretion, affect the proper administration of the Contest as contemplated in these Rules, or for any other reason. 

In the event of any discrepancy or inconsistency between the terms and conditions of these Rules and disclosures or other statements contained in any Contest-related materials, including, but not limited to the Contest Post, point of sale, television, print or online advertising and/or any instructions or interpretations of these Rules given by any representative of the Sponsor including the Reviewer, the terms and conditions of these Rules shall prevail, govern and control to the fullest extent permitted by law. 

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 the terms as if the invalid or illegal provision were not contained herein. 

To the fullest extent permitted by applicable law, all issues and questions concerning the construction, validity, interpretation and enforceability of these Rules or the rights and obligations of participants, Sponsor or any of the other the Released Parties in connection with the Contest will be governed by and construed in accordance with the domestic laws of the Province of Ontario and the federal laws of Canada applicable therein, 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.  The parties hereby consent to the exclusive jurisdiction and venue of the courts located in Ontario in any action to enforce (or otherwise relating to) these Rules or relating to this Contest. 

THIS CONTEST IS NOT ASSOCIATED WITH, SPONSORED BY, AUTHORIZED BY, OR ENDORSED BY ANY BRANDS FEATURED AS PRIZES OR OTHER AFFILIATES IN ANY WAY. 

Live Nation and Festival Entities are not sponsors of the Contest and are in no way responsible for the administration of the Contest, the verification of winners or the fulfillment of prizing.  All inquiries regarding the Contest should be directed to Sponsor.