OSMOW’S INC. CONTEST RULES

Contest Rules

THESE RULES ARE THE STANDARD TERMS AND CONDITIONS APPLICABLE TO THE INSTAGRAM CONTEST (“CONTEST”) ADMINISTERED BY OSMOW’S INC.. THE CONTEST IS INTENDED TO BE CONDUCTED IN CANADA EXCLUDING THE PROVINCE OF QUEBEC 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 THE 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 and of legal drinking age (19 +), the  Province of Ontario Canada.

• 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 email account and phone number at the time of entry.

Employees of Osmow’s Inc., its parent, affiliates, subsidiaries, related companies, successors and assigns (collectively “Osmow’s” and/or “Sponsor”) [PA1] related advertising and promotional agencies and Contest prize providers Sponsor”), a person who has been confirmed as a winner of one (1) Osmow’s administered contest within one (1) month preceding the indicated Contest start date and/or a household member of any of the above are not eligible to enter or participate in the Contests unless otherwise specified by the Sponsor.

The Sponsor 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 the Sponsor for the purpose of the Contests must be truthful, complete, accurate and in no way misleading. The Sponsor reserve the right, in their sole discretion, to disqualify any entrant should such an entrant at any stage supply untruthful, incomplete, inaccurate or misleading personal details and/or information.

2. CONTEST PERIODS. Contest entry period (“Contest Period”) shall start and end on the date and time (ET) specified on the Contest Post after which time the Contest will be closed and no other entries shall be accepted.

3. HOW TO ENTER.

• There is no purchase necessary to enter a Contest. To enter prior to the end of an applicable Contest Period, in accordance with the direction communicated on Facebook, Instagram, Twitter or Contest Website: (i) visit the Contest Website at www.osmows.com/contest-page and complete and submit the Contest entry form and acceptance of the Contest Rules; or (ii) send your hard copy of form to the Osmow’s Inc. head office at 407 Matheson Blvd E in Mississauga, Ontario, Canada and accept these Contest Rules. Entries must be received prior to the end of the applicable Contest Period to be eligible for entry.

• Limit of one (1) entry per person per Contest Period, unless otherwise indicated. In the case of multiple entries, only the first eligible entry will be considered and the remainder will be void[CM2] .

• All entries, including, if applicable, any story and/or photograph submitted in connection with the Contest entry (the “Work”), become the sole property of the Sponsor and will not be returned for any reason.

• Entries must be received prior to the indicated Contest Period entry deadline. Entries will be declared invalid if they are late, illegible, incomplete, damaged, irregular, mutilated, forged, garbled or mechanically or electronically reproduced. No communication or correspondence will be exchanged with entrants except with those selected as a potential Contest winner.

• Entries must be received prior to the indicated Contest Period entry deadline. Entries will be declared invalid if they are incomplete (for example, provide incorrect emails).

• Entries received online shall be deemed to be submitted by the authorized account holder of the e-mail address, Facebook, Instagram or Twitter account associated with the entry, as applicable. For the purposes of these Contest Rules, “authorized account holder” of an e-mail address, Facebook, Instagram or Twitter account is defined as the natural person who is assigned to an e-mail address, Facebook, Instagram or Twitter account by an Internet access provider, on-line service provider, Facebook, Instagram, Twitter or other organization responsible for assigning e-mail addresses, Facebook, Instagram or Twitter accounts for the domain or account associated with the submitted e-mail address, Facebook, Instagram or Twitter account. Each selected entrant may be required to provide Osmow’s with proof that the selected entrant is the authorized account holder of the e-mail address, Facebook, Instagram or Twitter account associated with the winning entry.

• Contest prize shall be announced and described on Facebook, Twitter, Instagram and/or the Contest Website at the beginning of the 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 the Sponsor with instructions on how to claim the prize.

• Prizes must be accepted as awarded and cannot be transferred, assigned, substituted or redeemed for cash, except at the sole discretion of the Sponsor. Any unused portion of a prize will be forfeited and have no cash value. The Sponsor reserve the right, in their sole discretion, to substitute a prize of equal or greater value if a prize (or any portion thereof) cannot be awarded for any reason.

• The Sponsor 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. Osmow’s is not responsible for administering or ensuring compliance with the terms and conditions of the gift cards or gift certificates.

5. 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 the Sponsor.

6. WINNER SELECTION.

• Following the end of the applicable Contest Period, Osmow’s will select one (1) entrant (or more, if applicable, based on the number of prizes available to be won) within 3 days of end of Contest Period randomized draw from all eligible entries received during the Contest Period.

Each entrant shall be eligible to win only one (1) prize (2) Lower bowl tickets to Noah Kahan in Toronto, ON at Scotiabank Arena scheduled to take place on April 16, 2024 – Value of $400 CAD). 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.

Selection of concert seat location is solely within Live Nation’s discretion.   Parking, travel and accommodations not included and are the sole responsibility of winner and guest.  Ticket delivery method is at sole discretion of Live Nation which will be either sent to winner by mail, email, mobile ticketing or placed at venue Will Call the day of concert under the winner’s name[CM3] . Winner must be present to pick up tickets and a valid photo ID will be required if tickets are placed at Will Call. Winner and guest must be at least nineteen (19) years old and must abide by all venue policies, to include but not limited to, showing a valid photo ID at venue for age verification and/or identification purposes if requested. Live Nation reserves the right to revoke full or partial prize from any winner or winner’s guest who it and/or venue personnel deem may, in their sole discretion, be intoxicated, be a safety risk, have violated any venue policy or law, and/or may bring Live Nation into disrepute.  Winner understands that there are inherent risks involved in being in public spaces and that these risks may be present before, during and after the concert. Resale of tickets is prohibited.  By claiming tickets, you agree to Live Nation’s Terms of Use and to abide by the health and safety measures in effect at the time of your Event, which may include, but not be limited to, wearing masks, providing proof of vaccination status and/or providing proof of negative COVID-19 status. Should the concert be cancelled, you will be notified as soon as reasonably possible.

• 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).

• If the selected entrant does not respond within two (2) hours of notification, he/she will be disqualified and will not receive a prize and another entrant may be selected (as determined by Osmow’s in its sole discretion) until such time as an entrant satisfies the terms set out herein. The Sponsor are not responsible for the failure for any reason whatsoever of a selected entrant to receive notification or for the Sponsor to receive a selected entrant’s response.

7. Winners (and if applicable, any guest of the winner) shall 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 of the Sponsor, if applicable, Facebook, Instagram and Twitter, Live Nation Canada, Inc., (“Live Nation”), 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; (iv) irrevocably grant to the Sponsor of the unrestricted right to produce, reproduce, convert, publish, broadcast, communicate by telecommunication, exhibit, distribute, translate, adapt, and otherwise use or re-use his or her name, image, likeness, comments, voice and/or biography in any and all media now known or hereafter devised in connection with publicity related to the Contest, Sponsor, the Osmow’s brand or otherwise.

The executed Release(s) must be returned within two (2) 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.

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. You agree to release and hold harmless the Releasees from and against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related cause of action that relate in any way to the Work. If the content of your entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, You shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold harmless Releasees from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which Releasees may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.

8. LIMITATION OF LIABILITY. The Releasees 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. The  Releasees are not responsible for any incorrect, incomplete 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. The Releasees assume 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. The Releasees 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. The  Releasees 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. 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. The Sponsor assume 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 the Sponsor, 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.

9. TERMS 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 the Sponsor, which shall be final and binding in all respects. The Sponsor reserve 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 the Sponsor’s property or service; and/or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. 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, THE SPONSOR RESERVE 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. The Sponsor reserve 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.

10. Osmow’s Inc. reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Campaign should virus, bug, non-authorized human intervention, fraud, or other cause beyond Osmow’s Inc.’s control corrupt or affect the administration, security, fairness, or proper conduct of the Campaign. In such case, Osmow’s Inc. may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Osmow’s Inc.. Osmow’s Inc. reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Contest or Website or violates these Contest Rules.

11. PRIVACY / USE OF PERSONAL INFORMATION.

• By participating in the Contest, each entrant: (i) grants to the Sponsor the right to use his/her personal information provided when he/she enters the Contest and the Work (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 the Sponsor 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 the Sponsor may disclose his/her Personal Information to third-party agents and service providers of the Sponsor in connection with any of the activities listed in (i) and/or (ii) above.

• Osmow’s will use each entrant’s Personal Information only for identified purposes, and protect each entrant’s Personal Information in a manner that is consistent with the Osmow’s Privacy Policy at: https://osmow.com/privacy-policy/

13. INTELLECTUAL PROPERTY. All intellectual property, including but not limited to trade-marks, trade names, logos, designs, promotional materials, web pages, source code, drawings, illustrations, slogans and representations are owned by the Sponsor and/or their affiliates. 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.

14. TERMINATION Osmow’s reserves the right, in their 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.

15. 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 the Sponsor 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 the Sponsor 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. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Contest 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. The Sponsor reserve the right to correct clerical or typographical errors in Contest materials or these Contest Rules. Sponsor’ failure to insist upon or enforce strict performance of any provision of these Contest Rules shall not be construed as a waiver of any provision or right. No waiver of any term or condition of these Contest Rules shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

13. 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.

14. 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 and/or Instagram and/or Twitter. Any personal information provided in connection with the Contest is being provided to Osmow’s and not to Facebook and/or Instagram and/or Twitter. Any questions or comments regarding a Contest must be directed to Osmow’s and not to any of the social media platforms on which the Contest may have been advertised or administered.

Live Nation Canada, Inc. is not a Sponsor of the Contest, and is 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.