Play the Happy Holidaze Sweepstakes at LivWell Dispensaries!

PharmaCann Verilife & LivWell Happy Holidaze Sweepstakes 

OFFICIAL RULES

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. IT IS ILLEGAL TO GIVE ANY ADVANTAGE TO BUYERS IN A SWEEPSTAKES. VOID WHERE PROHIBITED BY LAW.

BY ENTERING INTO OR PARTICIPATING IN THE SWEEPSTAKES, YOU AGREE TO BE BOUND BY THESE OFFICIAL RULES, WHICH CONSTITUTE A CONTRACT, SO READ THEM CAREFULLY, IF YOU DO NOT AGREE WITH THE TERMS OF THIS CONTRACT, DO NOT ENTER THE SWEEPSTAKES.

1. 1. Sponsorship.  The PharmaCann Happy Holidaze Sweepstakes (the “Sweepstakes”) is sponsored by PharmaCann Inc., owner and operator of LivWell Enlightened Health and Verilife dispensaries (“PharmaCann”) with a principal address of 60 W. Superior St., Fl. 2, Chicago, IL 60654. The Sweepstakes is governed by these Official Rules. By participating in the Sweepstakes, you agree to be bound by these Official Rules and the decisions of the Sponsor (including Sponsor’s interpretation and application of these Official Rules), which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth in these Official Rules in a timely manner.  

   2. Eligibility. The PharmaCann Happy Holidaze Sweepstakes is open to anyone who is a legal resident of Colorado, Illinois, Maryland, Massachusetts, Michigan, and New York who are twenty-one (21) years of age or older, or persons holding a patient registration card, living in a location where such contests are not prohibited by law. As applicable, officers, employees, and directors of the Sponsor, its affiliates, subsidiaries, licensees, advertising and promotional agencies, third party fulfillment agencies and the immediate family members of each are not eligible. An “immediate family member” is defined to mean spouse, parent, grandparent, child or sibling. In-laws are not considered to be immediate family members.  Entries submitted by or on behalf of entrants who do not meet the eligibility requirements are void. Odds of winning depend on the number of eligible entries received.   

   3. Sweepstakes Procedure.  During the Entry Period (as herein defined), persons may visit any participating Verilife or LivWell retail location and (a) collect a single scratch off card during their visit, no purchase required. Winning cards with discount offers will not be valid until the next visit to the retail establishment. Discount cards will be redeemable 12/9 - 12/22/2024 & 1/6 - 1/19/2025 (b) if a Participant reveals a winning card, they are required to fill out the information fields on the reverse side of the scratch off card before they redeem the discount or collect a prize. (c) Only 1 winning discount can be redeemed in a single purchase. (d) Winning scratch cards with a discount may not be redeemed on the same visit that they are received, they must be redeemed on the next visit to a Verilife or LivWell retail location. 

   4. During the Sweepstakes Period, persons are eligible to receive an additional scratch off card each consecutive visit to Verilife or LivWell.  Each person that receives a scratch off card during the sweepstakes period is referred to herein as a “Participant”.  

   (a) The Sweepstakes will begin on November 25, 2024 at 8:00AM MST, CST, & EST and end on December 31, 2024 at 11:59PM MST, CST, & EST, unless earlier terminated or canceled by Sponsor (the “Entry Period”).

   5. NO PURCHASE IS NECESSARY TO ENTER OR WIN THE SWEEPSTAKES.  FURTHER, A PURCHASE WILL NOT IMPROVE A PARTICIPANT’S CHANCES OF WINNING A PRIZE IN THE SWEEPSTAKES.

   6. Prizes, Prize Values, Odds of Winning and Collecting Prizes.

   (a) By entering this promotion, Participant may be eligible to win one of the following Prizes:

      (i) No Jackpot Today, But Tomorrow’s a New Day!

      (ii) 20% off one regular priced item

      (iii) 30% off one regular priced item

      (iv) One matter. Gummy for $1

      (v) One Magnitude vape cartridge for $1

      (vi) One matter. or LivWell half ounce for $1

      (vii) 1 Free apparel item, Ask your Budtender for more info. (Not applicable in New York. Only valid for Medical Patients in Massachusetts)

   (b) Availability of prizes may be dependent on the participating retail location and subject to applicable state and local regulations.

   (c) The Prize may not be transferred and must be accepted as awarded. A winner may not request a substitute prize; however, Sponsor reserves the right to substitute the Prize with another prize of equal or greater value if the Prize is not available for any reason, as determined by Sponsor in its sole discretion. It is the Participant’s responsibility to read and understand all information, if any, which accompanies any Prize concerning use, risks, and maintenance. NO free Cannabis or cannabis products will be awarded in this sweepstakes. 

   7. Release & Indemnity. To the fullest extent permitted by law, Participants forever release, discharge, and covenant not to sue Sponsor and its affiliates, and each of their respective owners, employees, agents, directors, officers, shareholders, contractors, successors and assigns (collectively “Released Parties”) for, from and against, any and all claims, debts, liabilities, demands, obligations, costs, fees, expenses, actions, causes of action whatsoever, of every nature, character and description (collectively, “Claims”), known and unknown, arising out of or in any way related to the Sweepstakes, these Official Rules, the negligence of any of the Released Parties, entry into the Sweepstakes and the acceptance, possession, misuse or use of any Prize (including, without limitation, any property loss, personal injury, or death, in connection with use or possession of the Prize). By participating in the Sweepstakes, each Participant also agrees to indemnify, defend, release, discharge and hold harmless Released Parties from any and all Claims of any kind whatsoever for injuries, death, damages or losses to persons and property which may be sustained in connection with the receipt, ownership, possession, use or misuse of any Prize by Participant and Participant’s guests and invitees, including without limitation, claims for breach of contract, infliction of emotional distress, defamation, false light, common law or statutory misappropriation, invasion or other violations of any actual or purported right of privacy and/or publicity, and claims under equivalent federal, state or provincial laws arising from participation and any exploitation of any or all of the rights granted to Sponsor.    In addition, each Participant acknowledges and agrees that the Released Parties are not responsible for any costs, injuries, losses, or damages of any kind arising from or in connection with: (i) late, lost, delayed, damaged, misdirected, incomplete, illegible, unintelligible or misdirected entries; (ii) any condition caused by events beyond the control of the Sponsor that may cause the promotion to be disrupted or discontinued; (iii) any failure to receive or process entries due to any cause, including without limitation, human, transmission or technical problems, failures, or malfunctions of any kind, howsoever originating, that may limit an participant’s ability to participate in the sweepstakes including any interruptions to any network, server, Internet, website, telephone, satellite, computer or other connections; (iv) garbled, misdirected or jumbled transitions, or traffic congestion; (v) any injuries, losses, or damages of any kind caused by a prize or resulting from acceptance, possession, or use of a prize, or from entry into or participation in the promotion (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to, loss or destruction of property, or any claims, costs, injuries, losses, or damages related to or based on the participant’s rights of publicity or privacy, or the participant’s claim that they have somehow been defamed or portrayed in a false light); (vi) any printing or typographical errors in any materials associated with the promotion, (vii) human error and other errors; or (viii) late, lost, delayed, or damaged delivery of the prize. 

   TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL A WINNER BE PERMITTED TO OBTAIN AWARDS FOR, AND EACH PARTICIPANT AND WINNER HEREBY WAIVES ALL RIGHTS TO CLAIM, INDIRECT, PUNITIVE, INCIDENTAL AND CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES ARISING OUT OF OR RELATED IN ANY WAY TO THE SWEEPSTAKES, THESE OFFICIAL RULES, PARTICIPANT’S ENTRY, THE NEGLIGENCE OF ANY OF THE RELEASED PARTIES, AND THE ACCEPTANCE, POSSESSION, MISUSE OR USE OF ANY PRIZE.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO EACH PARTICIPANT.

   PARTICIPANTS UNDERSTAND THAT EACH PARTICIPANT IS WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, PARTICIPANT ACKNOWLEDGES THAT PARTICIPANT HAS READ AND UNDERSTANDS, AND HEREBY EXPRESSLY WAIVES, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE, COUNTRY OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

   8. Use of Disclosed Information.  By entering the Sweepstakes or claiming a Prize, Participant and/or winner may be sharing their personal information with Sponsor.  Information transmitted to Sponsor will generally be treated as non-confidential and non-proprietary.  By entering into the Sweepstakes, Participant agrees to the Sponsor’s privacy policy, which is available at https://www.pharmacann.com/privacy-policy.

   9. Reservations. Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Sweepstakes at any time for any reason in its sole discretion, which shall be final. All Participants agree to abide by and be bound by these Official Rules. Sponsor reserves the right to permanently disqualify and/or revoke a prize from any person it believes has violated these Official Rules or has acted in a manner that is, in Sponsor’s discretion, offensive, harassing, threatening, repugnant, or violent at any time, including any tampering with the entry process. Participants further agree to not knowingly damage or cause interruption of the Sweepstakes and/or prevent others from participating in the Sweepstakes. All decisions of Sponsor shall be final and Participants waive any right to challenge any decisions made by Sponsor.

   10. Governing Law/Venue.  All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of the Participants or Sponsor in connection with the Sweepstakes shall be governed by and construed in accordance with the laws of the State of Illinois without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws, and any matters or proceedings which are not subject to arbitration as set forth in these Official Rules and/or for entering any judgment on an arbitration award, shall take place solely and exclusively in courts located in the State of Illinois. All matters involving the Sweepstakes and these Official Rules shall be resolved individually, without resort to any form of class action and all damages, claims, judgments and awards shall be limited to actual out-of-pocket costs incurred (excluding any attorneys’ fees).  

   11. Social Media Disclosure.  Although this promotion may be advertised on the Facebook pages, Twitter accounts, Instagram accounts, YouTube channel or other social media platforms of Sponsor, this promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter, Instagram, YouTube or other social media platforms. Participants are providing their information to the Sponsor and not to Facebook, Twitter, Instagram, YouTube or other social media platforms. The information a Participant provides will only be used by the Sponsor and its agents. By entering, Participants provide a complete release of Facebook, Twitter, Instagram or YouTube from any and all responsibilities implied or provided by the Sponsor and that this promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter, Instagram or YouTube.

   12. Binding Arbitration. Except with respect to the protection and enforcement of the intellectual property rights of the Sponsor and its rights to seek and/or obtain injunctive or equitable relief therefore, any claim, cause of action or proceeding arising out of or relating to these Official Rules or the Sweepstakes shall be resolved by mandatory, binding arbitration in Chicago, Illinois administered by the American Arbitration Association under its Commercial Arbitration Rules (the “Arbitration Rules”). The U.S. Arbitration Act shall govern the interpretation, enforcement and proceedings pursuant to the Arbitration Rules.  The arbitrator shall be selected pursuant to the Arbitration Rules. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the Arbitration Rules and procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.  If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute and any action arising from or relating to these Official rules or the Sweepstakes may only be brought in the state or federal courts located in Chicago, Illinois. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty (60) days after the demand for arbitration is made, unless further extended by mutual agreement of the parties.  

   THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE PARTICIPANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES AND THE ARBITRATION RULES. 

   BY PARTICIPATING IN THE SWEEPSTAKES, EACH PARTICIPANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY DAMAGES OTHER THAN ACTUAL OUT OF POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) PARTICIPANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY PARTICIPANT.

   13. Severability. If any provision(s) of these Official Rules is held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.  Sponsor reserves the right in its sole discretion to supplement or make changes to these Official Rules without notice.  

   14. General. By participating in the Sweepstakes, Participants agree to be bound by these Official Rules and any determinations of Sponsor, as determined in its sole discretion, on all matters relating to the Sweepstakes, and to any Prize, all of which are final and binding.  In the event that Sponsor is prevented from continuing with the Sweepstakes, or the integrity and/or feasibility of the Sweepstakes as planned is undermined by any event including but not limited to any error, virus, bugs, non-authorized human intervention, action of Participants or other causes beyond the control of Sponsor that corrupt or impair the administration, security, fairness or proper play of the Sweepstakes, or any fire, flood, weather event, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state or local government law, order or regulation, or order of any court or jurisdiction, Sponsor shall have the right, in its sole discretion, to disqualify you and/or to abbreviate, modify, suspend, cancel or terminate the Sweepstakes.