HumbleBerry is a Toronto-based social enterprise that specializes in supporting Canadian-based charities and non-profits through its online fundraising platform.
By partnering with global brands and influencers, HumbleBerry is able to offer exciting contest prizes, auction items and cause-related merchandise to collect donations on behalf of registered non-profits.
HumbleBerry’s lawyers have prepared this document to safeguard you, us and our partners and to make available all the information you need before entering any of the contests or auctions HumbleBerry offers.
Please note that while the below rules apply to every contest HumbleBerry runs, some may require additional or different rules and/or information. These guidelines can be found on the individual sweepstakes pages and work in conjunction with, and not in place of, the rules outlined below.
To enter a contest, no purchase is necessary, but we hope you’ll make a donation and support the charity! If you win, you’ll need to correctly answer a skill-testing question to claim your prize. Your entries are void where prohibited by law and odds of winning depend on the number of entries received. Your donation does not improve your odds of winning over a free entry but improves the world.
These official sweepstakes rules (the “Official Sweepstakes Rules”) are provided by Humbleberry Inc., having an address at Suite 201A - 260 Carlaw Ave. Toronto, Ontario, Canada M4M 3L1, (the “Sponsor”). The Official Sweepstakes Rules apply to the sweepstakes administered by the Sponsor through the website www.humbleberry.ca (the “Website”), unless stipulated otherwise. Sweepstakes entrants are responsible for reviewing and understanding these Official Sweepstakes Rules prior to entering the Sweepstakes. By entering into the Sweepstakes (defined below) you accept the terms and conditions of these Official Sweepstakes Rules and agree to be legally bound by them.
HumbleBerry’s Sweepstakes are intended for residents of countries where sweepstakes are permitted by law. Unfortunately, this excludes residents of Belgium, Cuba, Crimea, Iran, Iraq, Italy, North Korea, Singapore, Sudan, Syria, Thailand and residents of the Province of Quebec, Canada. All HumbleBerry sweepstakes are void where prohibited by law and subject to applicable Canadian laws and regulations.
To be eligible to enter the Sweepstakes and to be eligible to win a Prize, a person must be, at the time of entry into the Sweepstakes:
- at least eighteen (18) years of age and in all circumstances the age of majority in their jurisdiction of residence at the time of entry into the Sweepstakes; and
- a resident where sweepstakes are permitted by law. This excludes residents of Belgium, Cuba, Crimea, Iran, Iraq, Italy, North Korea, Singapore, Sudan, Syria, Thailand and residents of the Province of Quebec, Canada. Void where prohibited by law.
- A person is ineligible to enter the Sweepstakes and ineligible to win a Prize if the Sponsor has banned that person from participating in this Sweepstakes or all sweepstakes on the Website.
- Employees, officers, and directors (including immediate family members and members of the same household of such persons, including common law spouses) of the Sponsor, the Charity, the Prize Provider, and each of their affiliated companies or agents, and each of their respective advertising or promotional agencies, are not eligible to enter the Sweepstakes.
- The Sponsor shall have the right at any time to require proof of identity and/or eligibility to participate in the Sweepstakes.
- 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 Sweepstakes must be truthful, complete, accurate and in no way misleading.
- The Sponsor 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.
- To be eligible to enter the Sweepstakes and to be eligible to win a Prize, a person must be, at the time of entry into the Sweepstakes:
- The Sweepstakes (the “Sweepstakes”) commences and ends at the time listed on the sweepstakes pages (the “Sweepstakes Period”). All entries must be received by the closing time listed on the sweepstakes pages (the “Sweepstakes Closing Date”). All times are displayed and adhere to the Eastern Time Zone.
- The Sweepstakes computer system is used to govern all computer and time-related aspects of the Sweepstakes and is the official time-keeping device for the Sweepstakes.
How to enter Sweepstakes.
No purchase or payment of any kind is necessary to enter the sweepstakes.
To enter the Sweepstakes:
- Log in to the Website with your Account;
- Once logged in to the Website, click on the WIN icon and click on the sweepstakes;
Select and submit any of the Sweepstakes entry methods (each, an “Entry Method”), up to the maximum number of entries:
- To enter without a purchase: To enter into the Sweepstakes without making a purchase, eligible entrants must click the link on the Website that says “free entry alternative” and complete and submit the corresponding form and captcha before the Sweepstakes Closing Date. If you fail to complete the captcha successfully, your entry will not be submitted. The Sponsor receives no consideration whatsoever for any captchas you complete. Each time you complete the free entry you will receive the same number of entries as the base level donation of $10, being 10 entries.
To enter by donation: Eligible entrants will be entered into the Sweepstakes each time they make a donation to the corresponding charity (the “Charity”) through the Website before the Sweepstakes Closing Date. If you are an eligible entrant and donate:
- $10 you will receive 10 entries;
- $20 you will receive 20 entries;
- $30 you will receive 30 entries;
- $40 you will receive 40 entries
- Notwithstanding section 3.1(c), before your entry will be received, you will need to indicate that you have read, understood, and accept these Official Sweepstakes Rules by clicking the “I Agree” icon.
- Upon receipt of your successfully completed Entry Method you will receive a message indicating the number of entries into the Sweepstakes that you have received.
- The maximum number of entries you may have for the Sweepstakes is 40. Once you have reached the maximum number of entries, you will be prevented and prohibited from making further entries in the Sweepstakes. Any entries in excess of the maximum will be void.
- You may enter the Sweepstakes more than once and through any combination of Entry Methods; provided that you remain eligible and do not exceed the maximum number of entries.
- Donations are not refundable under any circumstances.
- No purchase or payment of any kind is necessary to enter the sweepstakes.
- The prize(s) (collectively, the “Prize”) available to be won are detailed on the individual sweepstakes pages. An entrant who wins a Prize (a “Sweepstakes Winner”) may in some circumstances as determined by the Sponsor in its sole discretion, and only if expressly included as part of that particular Prize on the individual sweepstakes page, may bring one or more guest (each, a “Guest”). Prior to participating in the enjoyment of the Prize, Guests must agree and comply with these Official Sweepstakes Rules.
- The Sponsor is solely responsible for delivering and fulfilling the Prize(s).
- The approximate retail value fo the Prize is available on the individual sweepstakes page. Sweepstakes Winners and any Guest(s) (if applicable) will be responsible for all costs and expenses not expressly described as being included as part of the Prize, including, without limitation, travel costs, lodging and any additional incurred expenses. The Sponsor will not be held responsible in any manner whatsoever should the Sweepstakes Winner or their Guest(s) (a) not be satisfied in any way with their Prize; or (b) be incapable of accessing their Prize.
- It is your sole responsibility to ensure you are able to access and use the Prizes.
- The Prizes must be accepted as awarded without substitution and are not transferable or for resale and have no cash surrender value. The Sponsor reserves the right, in its sole and absolute discretion, and for any reason whatsoever, to substitute any of the Prizes for one of approximately equal or greater value without liability.
If the Prize includes travel:
- you and each Guest, if any, must be available to travel on the dates specified by the Sponsor, otherwise the Prize will be forfeited and an alternative entrant may be randomly selected from all remaining eligible entries received, time permitting;
- for international travel, you and each Guest, if any, are responsible for obtaining all necessary travel authorizations, visas, or other documentation;
- travel restrictions, conditions and limitations may apply. The Sponsor is not responsible for any cancellations, delays, or diversions, or any act or omission of any third party with respect to the trip. Lost, stolen, or damaged tickets, travel vouchers or similar items once they are in your possession, will not be replaced;
- the Prize value may vary depending on point of departure, travel dates and fare/rate fluctuations;
- the Prize winner and each Guest, if any, must travel on the same itinerary; and
- If the Prize Winner lives within a 100 kilometer radius of the site where the Prize is to be performed, the Sponsor may, in its sole discretion, provide ground transportation.
If the Prize includes an event or an experience:
- all dates are subject to change and the Sponsor is not responsible for any cancellations or postponements of the event or experience;
- the Sponsor is not responsible for any act or omission of any third party with respect to the event or experience;
- lost, stolen, or damaged tickets or vouchers, once they are in your possession, will not be replaced; and
- any meetings with celebrities are subject to security and background checks.
Selection of Winner
- A random draw will be conducted by an automated computer system within 48 business hours (the “Draw Date”) after the sweepstakes is officially closed, amongst all eligible entries received.
- Odds of being selected for the Prizes depends on the total number of eligible entries received during the Sweepstakes Period.
- The selected entrants will be contacted either by email, social media, or Skype (each a “Notice”) shortly following the conclusion of the draw. You agree that you will be solely responsible for any costs you incur in connection with Notices you receive.
- If a selected entrant cannot be contacted within five Business Days of the results of the draw, his/her entry will be disqualified and another eligible entrant will be randomly selected from the remaining eligible entries and the process above will be repeated until such time as contact is made with a selected entrant or there are no more eligible entrants. By entering the Sweepstakes, you agree that the Sponsor is not responsible for: (a) lost, undeliverable, rejected, illegible, corrupted, misappropriated, or misdirected Notices; (b) telecommunication or electrical malfunctions, unavailability, degradation, failures, or errors; (c) incorrectly collected information; or (d) human interference.
Prior to being declared a Sweepstakes Winner, if a selected entrant is a resident of Canada, they must first correctly answer without assistance of any kind, whether mechanical, electrical, or otherwise, a mathematical skill-testing question posed to such selected entrant by the Sponsor via Skype or FaceTime at a mutually convenient time within 7 business days after the Draw Date.
- To correctly answer the mathematical skill-testing question, a selected-entrant’s face and hands must remain in the view of the Sponsor while answering the mathematical skill-testing question and such question must be answered within ten minutes after being posed to such selected entrant. During the Skype call, such selected-entrant’s microphone must remain turned on and of sufficient volume to enable the Sponsor to hear background noises – failure to do so will result in disqualification.
- If during the administration of the mathematical skill-testing question, the Skype call is dropped or otherwise becomes garbled such that the Sponsor cannot verify whether a selected entrant is answering the mathematical skill-testing question without assistance (a “Technical Issue”), the then current mathematical skill-testing question will be deemed void and the Sponsor will make an additional attempt to reconnect with such selected entrant via Skype. If the Sponsor successfully reconnects with such selected winner (a “Reconnection”), the process in section 5.5(a) will be repeated with a new mathematical skill-testing question. If after ten minutes following the Technical Issue the Sponsor is unable to reconnect with such selected entrant, or if another Technical Issue occurs following a Reconnection, the Sponsor may deem such selected entrant disqualified and another eligible entrant will be randomly selected and the process in sections 5.3, 5.4, and 5.5 will be repeated until such time as there is a confirmed Sweepstakes Winner or no more eligible entries are available.
- If a selected entrant incorrectly answers the mathematical skill-testing question, he/she will be disqualified and another eligible entrant will be randomly selected and the above process will be repeated until such time as there is a confirmed Sweepstakes Winner or no more eligible entries are available.
- If the Account associated with a winning entry is shared by more than one person, all such persons will be bound by these Official Sweepstakes Rules but only the authorized account holder of the Account will be deemed a Sweepstakes Winner. If the Sponsor is unable to determine which person is the authorized account holder of the account associated with the winning entry, or if there is more than one authorized account holder of the account, then that selected entrant will be disqualified from the Sweepstakes and their Prize will be forfeited without any recourse or refund. In such a circumstance, the Sponsor is not under any obligation to hold an additional random draw for another selected entrant.
- Prior to being declared a Sweepstakes Winner and receiving their Prize, each selected entrant will be required to sign a Declaration, Liability, and Publicity Release Form (the “Release Form”) and return it to the Sponsor by no later than the date which is 14 days after delivery of such Release Form to such selected entrant (such date, the “Release Deadline”). In order to participate in any portion of the Prize, each Guest, if any, of the selected entrants will be required to sign a Guest Declaration, Liability, and Publicity Release Form (the “Guest Release Form”) and return it to the Sponsor by the Release Deadline. Guests (if any) of a selected entrant will be disqualified from participating in the Prize if their associated selected entrant’s Release Form is not received by the Sponsor by the Release Deadline.
- By completing and returning the Release Form and the Guest Release Form, the selected entrants and any Guest(s), respectively, confirm compliance with the Official Sweepstakes Rules, accept their Prize as awarded, without substitution, release the Releasees (as specified more fully in Section 7, below) from all liability relating to the Sweepstakes and/or to their Prize, and consent to the use of their names, addresses (city and province), likeness, and/or photographs, without additional compensation, in connection with any publicity carried out by or on behalf of the Sponsor, the Charity, or the Prize Provider with respect to the Sweepstakes.
- The selected entrants may be required, at the Sponsor’s sole discretion, to provide with the Release Form, a copy of his/her photo identification showing his/her valid address and age.
- The selected entrants and Guest(s), if any, agree to cooperate in any investigations by the Sponsor to confirm their eligibility and to help ensure that the use of such potential winner’s or Guest’s information in advertising or publicity for the Sweepstakes will not bring the Sponsor or the Charity into public disrepute, contempt, scandal or ridicule or reflect unfavourably on the Sweepstakes or the Sponsor or the Charity as determined by the Sponsor in its sole discretion. The Sponsor may deem a selected entrant disqualified if the Sponsor is dissatisfied, in the sole discretion of the Sponsor, with the results of the investigation into such selected entrant.
- Upon receipt of the completed Release Form from a selected entrant, the Sponsor or a designated agent will be in contact with such selected entrant within 7 business days by telephone, Skype, FaceTime social media, or email.
- The Sponsor may disqualify a selected entrant if: (a) such selected entrant’s Release Form is not completed to the reasonable satisfaction of the Sponsor; or (b) such selected entrant’s Release Form is not returned to the Sponsor by the Release Deadline.
- The Sponsor may disqualify any Guest(s) from participating in the Prize if: (a) the Guest Release From is not completed to the reasonable satisfaction of the Sponsor; (b) the Guest Release Form is not returned to the Sponsor by the Release Deadline; or (c) the Guest’s associated selected entrant’s Release Form is not returned to the Sponsor by the Release Deadline.
- Subject to the Sponsor’s verification of compliance with these Official Sweepstakes Rules by a selected entrant, such selected entrant who is eligible and has been selected pursuant to the random draw who has not been disqualified is a Sweepstakes Winner. IF THE SPONSOR DETERMINES THAT SUCH SELECTED ENTRANT HAS NOT COMPLIED WITH THESE OFFICIAL SWEEPSTAKES RULES THEY WILL BE DEEMED DISQUALIFIED. THE SPONSOR’S DECISION TO DISQUALIFY A SELECTED ENTRANT IS WITHIN THE SOLE DISCRETION OF THE SPONSOR. ALL DECISIONS AND DETERMINATION OF THE SPONSOR ARE FINAL AND BINDING.
- The Sweepstakes Winner is solely responsible for acquiring the agreement and consent of their Guest(s), if any, to the Guest Release Form, and failure to do so will disqualify the Guest from participating in any portion of the Prize.
Release & Indemnity
- BY ENTERING IN THE SWEEPSTAKES (WHETHER AS A ENTRANT, GUEST, OR OTHERWISE), YOU HEREBY RELEASE, HOLD HARMLESS, AND FOREVER DISCHARGE THE SPONSOR, THE CHARITY, THE PRIZE PROVIDER, FACEBOOK, INC., INSTAGRAM, INC., SKYPE INC., SNAP INC., YOUTUBE, LLC, TWITTER, INC., AND MICROSOFT CORPORATION, AND EACH OF THEIR AFFILIATED AND RELATED COMPANIES, BUSINESS PARTNERS, ADVERTISING AND PROMOTIONAL AGENCIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS AND ALL OTHERS ASSOCIATED WITH THE DEVELOPMENT, ORGANIZATION, AND/OR EXECUTION OF THE SWEEPSTAKES (COLLECTIVELY, THE “RELEASEES”), FROM AND AGAINST ANY AND ALL MANNER OF ACTION, CAUSES OF ACTION, SUITS, DEBTS, COVENANTS, CONTRACTS, LIABILITIES, CLAIMS, AND DEMANDS, INCLUDING LEGAL FEES AND EXPENSES, WHATSOEVER, (COLLECTIVELY, “CLAIMS”) INCLUDING BUT NOT LIMITED TO, CLAIMS BASED ON NEGLIGENCE, BREACH OF CONTRACT, AND FUNDAMENTAL BREACH, AND LIABILITY FOR PHYSICAL INJURY, DEATH, OR PROPERTY DAMAGE, WHICH YOU OR YOUR ADMINISTRATORS, HEIRS, SUCCESSORS, OR ASSIGNS MIGHT HAVE OR COULD HAVE, BY REASON OF OR ARISING OUT OF (A) YOUR PARTICIPATION IN THE SWEEPSTAKES OR THE AWARDING, ACCEPTANCE, POSSESSION, USE, OR ENJOYMENT OF ANY PRIZE, AND WHERE APPLICABLE, TRAVELING TO, PREPARING FOR, OR PARTICIPATING IN, ANY SWEEPSTAKES‐RELATED OR PRIZE‐RELATED EVENT OR ACTIVITY; OR (B) THE PUBLICITY RIGHTS GRANTED TO THE SPONSOR OR THE CHARITY BY YOU. YOU SPECIFICALLY ACKNOWLEDGE THAT YOU UNDERSTAND THAT THERE MAY BE SERIOUS RISKS OF BODILY INJURY, DEATH, OR PROPERTY DAMAGE ASSOCIATED WITH THE ACCEPTANCE, POSSESSION, OR USE OF THE PRIZE OR ATTENDANCE AT ANY EVENT OR PARTICIPATION IN CERTAIN PRIZE‐RELATED ACTIVITIES, AND YOU VOLUNTARILY ASSUME THESE RISKS.
- By entering in the Sweepstakes, if you are declared a Sweepstakes Winner or are a Guest, you consent to the use of your name, address (city and province), likeness, voice, comments, statements, picture, and/or photographs (collectively, “Personality”), without additional compensation or notice, in connection with any advertising, promotion, or publicity carried out now or in the future, in any media or on the Website, by or on behalf of the Sponsor, Prize Provider, or the Charity and you grant to the Sponsor, Prize Provider, and the Charity any and all rights to such use.
- By entering the Sweepstakes, you agree to: (a) read, abide and be bound by these Official Sweepstakes Rules, including all eligibility requirements and by the decisions of the Sponsor, made in its sole discretion, which shall be final and binding in all matters relating to the Sweepstakes; and (b) waive any rights to claim ambiguity regarding these Official Sweepstakes Rules. Entrants who have not complied with the Official Sweepstakes Rules are subject to disqualification.
- The Sponsor reserves the right to cancel, terminate, modify, or suspend in whole or in part this Sweepstakes at any time and in any way, without prior notice. Without limiting the foregoing, if for any reason the Sweepstakes is not capable of running as originally planned, for example as a result of tampering or infection by a computer virus, the Sponsor reserves the right to cancel the Sweepstakes and conduct a draw from all previously received eligible entries
- The Sponsor, Prize Provider, and the Charity do not assume any responsibility for and are not responsible for (i) the incorrect or inaccurate capture of entry information and entries that fail to comply with the Official Sweepstakes Rules; (ii) any loss, damage, or claims caused by the Prizes or the Sweepstakes itself; (iii) your inability to access the Prizes; or (iv) any failure of the Website during the Sweepstakes Period, including any problems, human or technical errors, printing or typographical errors, lost, delayed or garbled data or transmissions, omissions, interruptions, deletions, defects or failures of any telephone or computer lines or networks, technical malfunctions of any computer online systems, computer equipment, servers, access providers, software, failure of any e-mail or entry to be received on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof including any injury or damage to an entrant’s or any other person’s computer relating to or resulting from downloading any material connected to the Sweepstakes, all of which may affect a person’s ability to participate in the Sweepstakes.
- The Sponsor, Prize Provider, and the Charity do not assume any responsibility for and are not responsible for electronic communications which are undeliverable as a result of any form of active or passive filtering of any kind or insufficient space in an entrant’s mailbox to receive e-mail messages, or for late, lost, illegible, incomplete, falsified, damaged, misdirected, mutilated, garbled, or incomplete entries, which will be void.
- Entry materials/data that have been tampered with or altered are void.
- Entries generated by a script, macro, bot, or other automated means will be disqualified. Entries that are incomplete, garbled, corrupted, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion, are void and will not be accepted.
- If your Account is terminated by the Sponsor or you, or is otherwise closed, you are deemed disqualified from the Sweepstakes.
- Any attempt to deliberately damage any website or to undermine the legitimate operation of the Sweepstakes is a violation of criminal and civil laws. Should such an attempt be made, the Sponsor and the Charity reserve the right to seek remedies and damages to the fullest extent permitted by law, including criminal prosecution, and to disqualify an entrant from the Sweepstakes or any other promotion conducted by the Sponsor now or in the future. In the event it is determined that an entrant has entered the Sweepstakes in a manner contrary to the Official Sweepstakes Rules and/or has submitted more than the number of entries permitted by the Official Sweepstakes Rules, the entrant and all of the entries submitted by the entrant will be disqualified.
- If, due to any technical, production or other error, more prizes are claimed or awarded than are described in the Official Sweepstakes Rules, the number of prizes identified in the Official Sweepstakes Rules will be awarded in a random drawing from all such prize claims received.
- In no event will the Sponsor be responsible or liable for more than the stated number of prizes described in the Official Sweepstakes Rules.
- The Sweepstakes is subject to all applicable laws.
- All entries become the property of the Sponsor and none will be returned.
- The Sweepstakes is void where prohibited by law. All issues and questions concerning the construction, validity, interpretation, and enforceability of the Official Sweepstakes Rules, or the rights and obligations of entrants, the Sponsor, or Charity in connection with the Sweepstakes, shall be governed by and construed in accordance with the laws of the Province of British Columbia and the laws of Canada applicable therein, without regard to conflicts of law principles.
- The approximate retail value of the Prizes as stated by the Sponsor in point of sale advertising, and other advertising, promotion materials, and/or in these Official Sweepstakes Rules is subject to price fluctuations in the consumer marketplace based on, among other things, the passage of time between the date the approximate retail value are stated by the Sponsor and the date the Prizes are awarded or redeemed. If, at the time a Prize is redeemed or awarded, the actual prevailing retail purchase price for the Prize is less than the approximate retail value stated by the Sponsor in point of sale, television, print, or online advertising, promotion materials, on the Website, and/or in these Official Sweepstakes Rules, the Sweepstakes Winner will not be entitled to a cheque or cash for the price difference.
- In the event of any discrepancy or inconsistency between the terms and conditions of these Official Sweepstakes Rules and disclosures or other statements contained in any Sweepstakes-related materials or content, including, but not limited to: the Sweepstakes entry form, and/or point of sale, television, print or online advertising, and the Website; the terms and conditions of these Official Sweepstakes Rules shall prevail, govern and control.
- Each Sweepstakes Winner’s Guest, if any, will be disqualified from participating in the Prize if such Guest’s associated Sweepstakes Winner is disqualified from the Sweepstakes or otherwise violates these Official Sweepstakes Rules.
- The Sponsor respects each entrant’s right to privacy. By entering the Sweepstakes and voluntarily providing personal information, you consent and agree to the collection, use, and disclosure of your information for the administration of the Sweepstakes in accordance with the applicable privacy policies of the Sponsor available at www.humbleberry.ca/pages/privacy-policy
- This Sweepstakes is not sponsored, endorsed, administered by or associated with Facebook, Inc., Instagram, Inc., Snap Inc., Youtube, LLC, Twitter, Inc., Microsoft Corporation, Skype Inc., Google LLC, Alphabet Inc., or any of their affiliated or related companies.
- “Business Days” means a day other than a weekend or a public holiday in Ontario, Canada.
- “Prize Provider” means the company, organization or individual(s) named on the individual sweepstake page.
- “Sponsor” means HumbleBerry Inc.