Terms of Use
Last updated: March 24, 2020
Thank you for visiting our website, mobile website, or mobile application (“app”)
(collectively, the "Platform").
Labatt Brewing Company Limited, Anheuser-Busch InBev and our subsidiary and
affiliated entities, which include different brands, (“we”, “us” or “our”) want you to
have the best possible experience when you interact with us online.
These Terms of Use explain the terms and conditions that govern your use of our
Platform.
Along with these Terms of Use, our Privacy Policy explains how we collect, use,
disclose, process, transfer and protect information you may provide to us through
your use of our Platform. You should make sure that you read and understand the
Terms of Use and Privacy Policy because they create a binding contract between
you and us.
CONSENT
YOUR USE OF THIS PLATFORM SIGNIFIES YOUR CONSENT TO BE LEGALLY
BOUND BY BOTH THE TERMS OF USE AND THE PRIVACY POLICY. IF YOU DO
NOT AGREE TO THE TERMS OF THE TERMS OF USE OR THE PRIVACY
POLICY, DO NOT USE THIS PLATFORM OR PROVIDE ANY INFORMATION TO
US.
By clicking “I have read and I agree to the Terms of Use” in this Platform, you are
providing your digital signature, confirming your agreement to these Terms of Use
and our Privacy Policy and verifying that you are of legal drinking age.
Legal drinking age notice
This Platform and any related content should not be accessed or viewed by you if
you are not of legal drinking age in your country, province or territory. You confirm
that you are legal drinking age and that you are not in a country, province or
territory where the consumption of alcoholic beverages or the content of this
Platform is not permitted.
Eligibility for participation in contests, promotions and other aspects of this Platform
may be restricted to Ontario residents or residents of other provinces or territories
in Canada age 19 and over. If you are accessing this website from the United
States of America, you confirm that you are age 21 or over.
THIS PLATFORM MAY ALLOW YOU TO SHARE CONTENT THROUGH THIS
PLATFORM OR THROUGH OTHER APPS OR WEBSITES. PLEASE ONLY
SHARE OUR POSTS AND OTHER SHAREABLE CONTENT WITH THOSE WHO
ARE OF LEGAL DRINKING AGE.
User Generated Content (UGC)
This Platform may allow you to create or post user-generated content. We do not
condone any user-generated content that promotes inappropriate or excessive
alcohol consumption. Any content of this sort will be deleted without further notice
to you. See the “Unlawful behaviour” section below for additional details.
You confirm you are legally permitted to use this Platform
Your use of this Platform may not be available or permitted in all jurisdictions, and
shall only constitute an "offer or solicitation" where permitted, and only to the extent
permitted by law. This Platform shall not be used where or to any extent such use
is prohibited by law. You agree and confirm that your use of this Platform is in full
compliance with the laws of the jurisdiction(s) to which you are subject.
Revision of these Terms of Use
WE RESERVE THE RIGHT TO REVISE THESE CONTRACTUAL TERMS OF USE
CONCERNING YOUR PRESENT AND FUTURE USE OF THIS PLATFORM AT
ANY TIME AND FOR ANY REASON WITHOUT FURTHER NOTICE OR
OBLIGATION TO YOU. IT IS YOUR SOLE RESPONSIBILITY TO ENSURE YOU
AGREE AND COMPLY WITH THE TERMS OF USE AS POSTED AT ALL TIMES.
IF YOU DO NOT AGREE OR DO NOT INTEND TO COMPLY WITH THE TERMS
OF USE AS POSTED, YOUR SOLE REMEDY IS TO DISCONTINUE USING THIS
PLATFORM IMMEDIATELY.
Use of this website is at your own risk
You acknowledge and agree that your use of this Platform is at your own risk. This
means that you agree that we, including our owners, officers, directors, employees,
or anyone involved in creating, producing, or delivering this website, are not liable
for any damages whatsoever caused by your use of the Platform. This includes
damages that are direct, incidental, consequential, indirect or special, or any other
losses, costs or expenses of any kind (including legal fees, expert fees, or other
disbursements) which may arise. You agree we are not liable regardless of whether
such liability or damages arise in contract, tort, negligence, equity, statutorily or
otherwise. You agree we are not liable for any such damages in connection with
your access to, use of or browsing of this Platform or in connection with any
content, information, data, promotions or activities associated with this Platform, or
in connection with your downloading of any materials, text, data, images, video or
audio from this Platform. You agree we are not liable for damages caused by
transmission defects, viruses, data breach, data theft or loss, bugs, human action
or inaction, or phone line, hardware, software or program malfunctions, or any
other errors, failures or delays of any kind.
Copyright and all other intellectual property belongs to us
We are the owners of copyright and all other intellectual property in this Platform.
No portion of this Platform, including but not limited to the content, information,
text, images, audio or video, may be used in any manner, or for any purpose,
without our prior written permission.
Without in any way waiving any of the foregoing rights, you may download one
copy of the material on this Platform for your personal, non-commercial home use
only, provided you do not delete, obstruct or change any copyright, trademark or
other proprietary notices.
You also have the limited ability to “share” content through a linked social media
platform where such functionality is expressly provided by us in the Platform
through a “share” button or menu item, provided, however, that you hereby
acknowledge and agree that all “sharing” of content shall in no way limit our
ownership of copyright and all other intellectual property in this Platform and/or
effect the general limitations on your use of our content.
You hereby agree that modification, reposting or use of any content on this
Platform in any other manner whatsoever and for any other purpose violates our
legal and intellectual property rights.
Our name, logos and trademarks
You acknowledge and agree that any name, logo, trademark or service mark
contained on this Platform is owned or licensed by us (or a parent company,
affiliate or partner of ours) and may not be used by you without prior written
approval. We will enforce our intellectual property rights to the full extent of the law.
Any unauthorized use of all, part, or any aspect of our intellectual property may
subject you to penalties or damages, including but not limited to those related to
violation of trademarks, copyright, privacy rights or publicity rights.
The internet is not a secure medium
The internet is not a secure medium, and the privacy of your communications
and/or visits to this Platform cannot be guaranteed. Your communications or
information may be susceptible to data corruption, unauthorized access, data
breach, theft or loss, interception and delays. This Platform may include incomplete
information, inaccuracies or typographical errors. We may make changes in the
information and content included in this Platform at any time without notice.
You acknowledge and agree that any communication or material you transmit to
this Platform, in any manner and for any reason, may not be treated as confidential
or proprietary. Furthermore, you acknowledge and agree that any communications,
information, ideas, concepts, techniques, procedures, methods, systems, designs,
plans, charts, or other materials you transmit through this Platform may be used by
us anywhere, anytime and for any reason whatsoever.
Your Account
To access and use our Platform, you may be required to create an account. You
are responsible for maintaining the accuracy of account information, confidentiality
of your account and password and for restricting access to your computer, and you
agree to accept responsibility for all activities that occur under your account or
password. We reserve the right, in its sole discretion, to refuse service, terminate
accounts, remove or edit content, or cancel orders.
We have the right to restrict your access to this Platform
You agree that we have the right to prevent, intercept, delete, remove, prohibit or
otherwise restrict your access to, use of, or posting of content on this Platform if we
believe or determine that you have not fully complied or may not fully comply with
any of the provisions of these Terms of Use or our Privacy Policy.
Unlawful behavior
You agree and confirm that you will not use this Platform to do anything that
causes any harm or that is illegal or otherwise unlawful, including without limitation
communicating or transmitting any hateful, harassing, pornographic, obscene,
profane, defamatory, libelous or threatening material, or material which constitutes
or may encourage conduct that would be considered a criminal offense, give rise to
civil liability, promote the excessive, irresponsible or underage consumption of
alcohol, or otherwise violate any law or regulation.
If this Platform contains integrated social media content, news feeds, bulletin
boards, chat rooms, email, comment sections, or other message or communication
functions (collectively, Forums), you agree to use the Forums only to send and
receive material or post content that shall not, in any manner or to any extent, do
any of the following:
• commit any criminal or quasi-criminal offence including, without limitation,
any pornography, hate, assault, or economic crime whatsoever;
• defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of
others;
• publish, post, distribute or disseminate any defamatory, infringing, obscene,
indecent or unlawful material or information;
• infringe, contravene, breach or otherwise interfere with or harm the rights of
any other person including, without limitation, any contractual, personality,
confidentiality, privacy, moral, statutory, common law or intellectual property
rights;
• upload files that contain viruses, corrupted files, or any other similar software
or programs that may damage the operation of a computer or mobile device;
• delete any author attributions, trademarks, trade names, logos, legal notices
or proprietary designations or labels in any file;
• falsify the origin or source of software, information or other material;
• advertise or offer to sell any goods or services, or conduct or forward any
surveys, contests, or chain letters; and
• download any file posted by another user that you know (or reasonably
should know) cannot be legally distributed in such manner.
You acknowledge and agree that all Forums are public. You acknowledge that
chats, comments, postings, conferences, social media integrations and other
communications by other users are not monitored, screened, sanctioned, approved
or endorsed by us, and shall not be considered as such.
WE AND ALL OTHER PARTIES INVOLVED IN CREATING, PRODUCING OR
DELIVERING THIS PLATFORM ASSUME NO RESPONSIBILITY OR LIABILITY
ARISING FROM CLAIMS RELATED TO ANY OF THE ABOVE ACTIVITIES BY
OTHER USERS.
Hyperlinks
Although this Platform may be linked to other websites, we are not directly or
indirectly implying any approval, association, sponsorship, endorsement or
affiliation with the linked website unless we specifically say so in writing. You
acknowledge and agree that we have not reviewed linked websites and we are not
responsible for the content of any website which is not hosted by us. Following
links to other websites is at your own discretion and risk.
No warranty on contents, information and materials
THE LAWS OF CERTAIN JURISDICTIONS (WHICH MAY INCLUDE THE
PROVINCE OF QUEBEC) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LEGAL WARRANTIES, CONDITIONS OR REPRESENTATIONS. IF THESE LAWS
APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR
LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL
RIGHTS.
Although the content in this Platform is based upon reasonably current information
and we make reasonable efforts to ensure that it is correct, accuracy cannot be
guaranteed.
For some information on this Platform, we rely on other entities to provide content
without any direct or independent authentication, verification, assessment or
validation by us. You are solely and exclusively responsible for evaluating all
information for yourself. The information included in this Platform does not
constitute, and shall not be considered, our advice, recommendation or
endorsement.
THE INFORMATION AND CONTENT IN THIS PLATFORM IS PROVIDED ON AN
"AS IS" BASIS ONLY, AND IS FOR CONSUMER PRIVATE AND NONCOMMERCIAL END USE ONLY. ALL EXPRESS OR IMPLIED CONDITIONS,
REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED
WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
ACCURACY, COMPLETENESS, AUTHENTICITY, VALIDITY OR NONINFRINGEMENT, ARE COMPLETELY DENIED AND DISCLAIMED, EXCEPT TO
THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID
BY A COURT OF COMPETENT JURISDICTION.
Exclusions and Limitations of Liability
THE LAWS OF CERTAIN JURISDICTIONS (WHICH MAY INCLUDE THE
PROVINCE OF QUEBEC), DO NOT ALLOW THE LIMITATION OF LIABILITY OR
CERTAIN DAMAGES FOR CONSUMERS. IF THESE LAWS APPLY TO YOU,
SOME OR ALL OF THE BELOW LIMITATIONS MAY NOT APPLY TO YOU, AND
YOU MAY HAVE ADDITIONAL RIGHTS
You agree that we are not responsible for any incorrect or inaccurate information,
whether caused by other users, or by the equipment or programming of this
Platform, or by any technical or human error which may occur. You agree that we
are not responsible for any potential impact of any of the above-noted
circumstances upon your participation in contests or promotions through the
Platform.
We are not responsible for any problems or technical malfunction of any telephone
network or lines, wireless connections, mobile or cloud services, computer online
systems, servers or providers, computer equipment, software, or failure of email or
other communication, or any combination of these or other factors.
If, for any reason, this Platform is not capable of running as planned, including by
reason of infection by computer virus, bugs, tampering, unauthorized intervention,
data breach, fraud, technical failures, or any other causes which corrupt or affect
the administration, security, fairness, integrity or proper conduct of this Platform,
we reserve our rights to cancel, terminate, modify or suspend the app services or
website indefinitely or take any other action we deem necessary to protect our
interests.
Release and indemnity for claims
YOU AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS US AND OUR
RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, DIRECTORS,
SPONSORS, OFFICERS, CONSULTANTS, AGENTS, PARTNERS AND
EMPLOYEES AGAINST AND FROM ALL CLAIMS, DAMAGES, LIABILITIES,
COSTS AND EXPENSES ASSERTED BY YOU AND/OR ANY THIRD PARTIES
ALLEGING THAT THE PLATFORM INCLUDES OBSCENITY, LIBEL OR
SLANDER, OR INFRINGES UPON ANY INTELLECTUAL PROPERTY OR
PRIVACY RIGHTS AS A RESULT OF THE USE OR MISUSE OF THE PLATFORM
BY YOU AND/OR ANY THIRD PARTY.
YOU FURTHER CONFIRM THAT YOU ARE STRICTLY PROHIBITED FROM
KNOWINGLY DAMAGING OR INTERRUPTING THE SERVICES ON THE
PLATFORM, PREVENTING OTHERS FROM USING IT, OR OBTAINING OR
MODIFYING ANOTHER USER'S INFORMATION WITHOUT CONSENT.
SHOULD A CLAIM BE BROUGHT AGAINST US INVOLVING ALLEGATIONS OF
ANY SUCH ACTIVITY ON YOUR PART, YOU AGREE TO FULLY INDEMNIFY US
FOR ANY AND ALL COSTS, AWARDS, PENALTIES OR DAMAGES RESULTING
FROM THE CLAIM.
Applicable law, jurisdiction and dispute resolution
EXCEPT WHERE PROHIBITED BY APPLICABLE LAW (WHICH MAY INCLUDE THE
PROVINCE OF QUEBEC), you acknowledge and agree that this Platform (including
all transactions, contests, promotions or services offered or effected through it) and
these contractual terms shall be construed and evaluated according to the laws of
the Province of Ontario and the Federal laws of Canada applicable therein. You
hereby agree and confirm that your use of this Platform and all of the
communications, transmissions and transactions associated with it shall be
deemed to occur in the Province of Ontario.
You hereby irrevocably submit to the exclusive jurisdiction of the courts of the
Province of Ontario as the proper and most convenient forum for any dispute
arising from your use of this Platform.
You acknowledge that any proceeding arising from your use of this Platform must
be commenced in the City of Toronto in the Province of Ontario regardless of
where you may be located and regardless of the application of any conflicts of law
principles. If you use this website from another jurisdiction, you are responsible for
your compliance with any and all applicable local laws.
Language
English shall be the language of this Platform and all transactions occurring in
connection with it. You waive any right to use and rely upon any other language or
translations. Il est de la volonté express des parties que le présent Plateforme et
tous les affairs qui s'y rapportent soient rédigés en langue anglaise, exception faite
des documents pour lesquels la loi exige l'usage exclusif du français.
Miscellaneous
You agree that if any part of these Terms of Use is determined to be invalid or
unenforceable, the invalid or unenforceable provision will be deemed superseded
by a valid, enforceable provision that most closely matches the intent of the original
provision and the remainder of the Terms of Use shall continue in full force and
effect.
Last Updated: March 22, 2020.