Five Guys Fall Social Media Contest

Official Rules

NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

1. Eligibility: The “Five Guys Fall Social Media” Contest (the "Contest") is open only to legal residents of Canada who are over the age of majority in the province in which they reside at the time of entry, who have a smart phone with an Instagram account, who are following Five Guys Canada on Instagram (handle @fiveguysca). Employees and non-employee workers of Coca-Cola Ltd. (“Coca-Cola” or “Sponsor”), The Coca-Cola Company, Coca-Cola Canada Bottling Limited, Five Guys Enterprises LLC (“Five Guys” also a “Sponsor”), the contest administrator: LPi Group Inc. (“LPi”), and their respective parents, subsidiaries, affiliates, and agents, and any agencies or other companies involved in the development or execution of the Contest or production or distribution of Contest materials, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such person are not eligible. The Contest is subject to all applicable provincial, municipal, territorial and local laws and regulations.

2. Sponsors: Coca-Cola Ltd., 335 King Street East, Toronto, Ontario, M5A 1L1, and Five Guys Enterprises LLC, 10718 Richmond Highway, Lorton, VA 22079 USA
Administrator: LPi Group, Suite 305, 245 Yorkland Blvd, ON M2J 4W9

3. Agreement to Official Rules: Participation in this Contest constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to this Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.

4. Timing: The Contest begins on November 28, 2022 at 9:00:01 a.m. Eastern Standard Time ("ET") and ends on December 4, 2022 at 11:59:59 p.m. ‘ET’ (the "Contest Period").

5. How to Enter: During the Contest Period, follow the links and instructions to follow @fiveguysca on Instagram (if you are not already a follower). Then, comment on the posts and tag someone who also loves Five Guys and you will be automatically entered.

You can also tag a photo of you eating a five guys meal with #FiveGuysPerfectPlay for an extra daily entry.

Your tag/post will henceforth be referred to as your submission ("Submission") to win a prize. By creating a Submission, you agree that it conforms to the guidelines and content restrictions below and that Sponsor, in its sole discretion, may remove your Submission and disqualify you from the Contest if it believes your Submission fails to conform.

Guidelines:

  • The Submission account must be following the @fiveguysca Instagram account (Instagram).
  • The Submission account must tag another account via Instagram.
  • The Submission account can also tag a photo of them eating a five guys meal with #FiveGuysPerfectPlay for an extra daily entry.
  • The Submission must be published to Instagram.

Content Restrictions:

  • The Submission must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
  • The Submission must not disparage Sponsor, Administrator or any other person or party affiliated with the Contest;
  • The Submission must not contain images or artwork not created by entrant;
  • The Submission must not contain material that is inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous;
  • The Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and
  • The Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any province where Submission is created.

Limit: There is no limit to the number of Submissions per person per day for tagging someone. Publicly sharing a Submission constitutes entrant’s consent to give Sponsor a royalty-free, irrevocable, transferable, assignable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Submissions in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. If requested, entrant will sign documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the Submission or any portion thereof. Sponsor is not responsible for lost, late, incomplete, invalid, un-intelligible or misdirected Submissions, which are disqualified in Sponsor’s sole discretion.

In the event of a dispute as to the owner of any Submission, the authorized account holder of the account used to enter will be deemed to be the entrant. The "authorized account holder" is the natural person assigned an account by Instagram, Inc. Each entrant may be required to show proof of being the authorized account holder.

6. Winner Determination: Non-winning Submissions may be held over to be considered in subsequent Entry Periods, at the Sponsor’s sole discretion. Sponsor reserves the right to select fewer than seven (7) Prize winners if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Submissions. Sponsor reserves the right to disqualify any potential Prize winner if, in its sole discretion, it finds content on his or her social media pages to be inconsistent with the brand's image (for example, if content is in violation of any of the content restrictions above).

7. Winner Requirements: Each potential Prize Winner will be notified via private (or public, if necessary) comment or message on his or her Instagram Submission on or around December 7, 2022. He or she will have 24 hours to respond, as directed, and to provide the contact information required by Sponsor or forfeit the prize. In order to claim the prize each potential winner must agree to a Declaration and Release form and Waiver of claims ("Waiver"), by responding within five (5) days of the request date. If any potential Prize Winner cannot be contacted, fails to provide the required information or fails to agree to the Waiver within the mandated time frame, or if he or she is disqualified for any reason, he/she forfeits the prize. If a winner cannot be confirmed or is disqualified, the prize may be awarded to a runner-up, if any, in Sponsor's sole discretion, based on the criteria above. Only two (2) alternate winners may be determined, after which the applicable prize will remain un-awarded. Acceptance of any prize shall constitute and signify winner’s agreement and consent that Sponsor and its designees may use the winner’s name, city, province, likeness, photo, Submission and/or prize information in connection with the Contest for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law. Without limiting the generality of these Official Rules, winner shall irrevocably grant, transfer, convey and assign to Sponsor the entirety of the rights in and to the Submission and all renewals and extensions of copyright, and the right to secure copyright registrations thereto in perpetuity including, without limitation, the rights to use the Submission for any and all purposes in any and all media whether now known or hereafter developed, on a worldwide basis, in perpetuity, as well as waiving all moral rights in the Submission. Each winner accepts and acknowledges that Sponsor shall not be obligated to use the Submission and that Sponsor in its sole discretion shall have the right to refrain from using the Submission. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder. Winner will indemnify Sponsor, Released Parties and any licensee of Sponsor against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these terms.

8. Prizes: There are seven (7) Prizes to be given away. Each prize is one (1) Five Guys $100.00 gift card, and a Five Guys® / Coca-Cola® branded sport jersey. All prize details will be determined by Sponsor, in its sole discretion, and terms and conditions of prizes will apply. Approximate Retail Value ("ARV"): $150.00 CAD. Five Guys Gift Card terms and conditions apply.

No substitution, exchange or transfer of prize by any winner. Sponsor reserves the right to substitute any prize for one of equal or greater value. Each winner is responsible for all taxes and fees associated with prize receipt and/or use. Limit: One (1) prize per person.

9. Prize Draws: On or about December 7, 2022 a Sponsor will randomly choose seven (7) potential winners from all qualified Submissions received in the Contest Period (7 days total).

10. Odds: The odds of winning a Prize in this Contest depends on the total number of valid entries received during the Contest Period.

11. Requirements of Potential Winners: Except where prohibited, participation in the Contest constitutes entrant’s consent for the Sponsor and the Sponsor's designees to use entrant's name, likeness, prize information, Submission, city and province of residence for promotional purposes in any media without further consideration.

12. General Conditions: If for any reason, the Contest is not capable of running as planned by reason of infection by virus, bugs, worms, tampering, unauthorized intervention, fraud, technical failures, or any other causes which, in the sole opinion of the Sponsor, may corrupt or affect the administration, operation, security, fairness, integrity or proper conduct of this Contest, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Contest, and select the winners, from the entries received prior to the action taken or in other such manner as deemed fair and appropriate by Sponsor and subject to the approval of the Régie des alcools, des courses et des jeux. The Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or any other Contest, or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of this Contest may be in violation of criminal and civil law, and should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. The Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

13. Release and Limitations of Liability: Except where prohibited, by participating in the Contest, entrant agrees to release and hold harmless Coca-Cola Ltd., The Coca-Cola Company, Coca-Cola Canada Bottling Limited, Five Guys Enterprises LLC (“Five Guys” also a “Sponsor”), the contest administrator: LPi Group Inc. (“LPi”), and their respective related companies, parents, subsidiaries, affiliates, and their respective agents and agencies, promotional partners, prize partners, and their respective officers, directors, employees and agents (collectively, the "Released Parties") from and against any claim or cause of action arising out of participation in the Contest or use of the prize, including, but not limited to: (a) unauthorized human intervention in the Contest; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) errors in the administration of the Contest or the processing or judging of entries; (e) late, lost, or undeliverable mail; or (f) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt, use, or misuse of any prize (including any travel/activity related thereto). Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Contest and in no event shall the Released Parties be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. Released Parties are not responsible for any unauthorized third-party use of any Submission.

14. Disputes: Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by the Courts of Ontario, Canada; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest but in no event legal fees or disbursements; and (iii) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of Province of Ontario, without giving effect to any choice of law or conflict of law rules (whether of the Province of Ontario or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Province of Ontario. For Quebec residents: Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of a prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.

15. Privacy: Entrant's personal information collected is subject to Sponsor’s Privacy Policies: https://www.fiveguys.ca/privacy-policy and https://www.coca-cola.ca/policies/privacy-policy

This contest is not endorsed, sponsored or administered by Instagram nor are they associated with the contest. Instagram is released from any responsibility to entrants or participants.