BACK YARD BBQ GRAND SLAM UPGRADE CONTEST RULES

1. CONSENT TO THE RULES:

By entering and participating in the Contest, each Entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of the Contest Organizer and Contest Administrator, which shall be final and binding in all matters related to the Contest.

2. CONTEST PERIOD:

The Contest begins on March 21, 2024, at 12:00:00 a.m. Eastern Time (“ET”) and ends on June 19, 2024 at 11:59:59 p.m. EST (the “Contest Period”).

3. ELIGIBILITY:

This Contest is open to all Scene +™ Loyalty Card membership holders (“Card Holders”) who are legal residents of Canada (excluding Quebec) (the “Eligibility Area”) having reached the legal age of majority in their respective province of residence at the time of entry.

Employees, agents, representatives, officers and directors of the Contest Organizer and Contest Administrator and each of their respective subsidiaries, affiliated companies, parent corporations, advertising and promotion agencies, sponsors, suppliers of services related to this Contest, or of any other party directly associated with the holding of the Contest, as well as members of their immediate families (brothers, sisters, children, father, mother), their legal or common-law spouse, and any persons residing with these employees, agents, representatives, officers and directors (whether related or not) (collectively, the “Released Parties”) are not eligible to participate.

4. HOW TO PARTICIPATE:

NO PURCHASE IS NECESSARY TO PARTICIPATE OR WIN. A purchase will not increase your chances of winning. There are two (2) ways to enter the Contest.

(a) Purchase Entry: Card Holders can enter the contest by purchasing in a single transaction, ten dollars (CAD $10) or more of participating products (identified in Appendix A), during the Contest Period, from any physical Safeway/Sobeys retail store in Canada (excluding Quebec) using your Scene +™ Loyalty Card. Card Holders will be automatically entered into the Contest upon making a qualifying purchase using your Scene +™ Loyalty Card. Limit of one (1) entry per qualifying transaction, per Card Holder.

An Entrant who returns and obtains a refund on the participating product might see his or her Entry cancelled by the Organizer, at the sole discretion of the Organizer. Note that an Entrant would then have the option of participating without purchase through the No-purchase Option entry mode, as described below.

(b) No Purchase Entry: Alternatively, Card Holders can visit a participating Sobeys or Safeway store location in a Participating Province and request a no-purchase entry, during the Contest Period, by presenting your Scene+ card at the customer service desk during the Contest Period (“No Purchase Entry”). By participating in the No Purchase Entry, you accept and agree to abide by the Entry requirements of these Contest Rules. No Purchase Entries will bear the same odds of winning as Purchase Entries.

Contest Entities are not responsible for lost, late, misdirected, or incomplete data capture. Entries become the property of the Administrators and will not be returned. Contest Entities are not responsible for lost, late, illegible, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled Entries, which will be disqualified, or for problems of any kind, whether mechanical, human or electronic. Contest Entities shall not be responsible for incorrect or inaccurate Entry information whether caused 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 processing of the Entries in the Contest. Contest Entities assume no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of Entries. In the event of a dispute regarding the identity of the Entrant, the Entry will be deemed submitted by the person in whose name the Scene +™ Loyalty Card is registered, provided that person meets all eligibility criteria set forth in these Contest Rules.

5. LIMIT ON THE NUMBER OF ENTRIES:

If the Contest Organizer discovers (based on any evidence or information made available to or otherwise discovered by the Contest Organizer) that an individual has attempted to use multiple names, identities, email addresses, or any automated, macro, script, robotic, or other system or program and/or any other means that is not in accordance with Contest Organizer’s interpretation of the letter and spirit of these Rules to enter or otherwise participate in this Contest, or to disrupt the conduct of the Contest; such person may be disqualified from the Contest at the sole and absolute discretion of the Contest Organizer.

6. VERIFICATION:

All Entries, Requests and Entrants may be subject to verification at any time and for any reason. The Contest Organizer reserves the right, in its sole and absolute discretion, to require proof of identification and/or eligibility (in a form acceptable to the Contest Organizer, including, but not limited to, government-issued photo identification): (i) to verify an individual’s eligibility to participate in this Contest; (ii) to verify the eligibility and/or legitimacy of any Entry, submission and/or information submitted (or purportedly submitted) for the purposes of this Contest; and/or (iii) for any other purpose that Contest Organizer deems necessary, in its sole and absolute discretion, for the administration of this Contest in accordance with Contest Organizer’s interpretation of the letter and spirit of these Rules. Any Entrant who fails to provide such proof to the complete satisfaction of the Contest Organizer, within the time period specified by the Contest Organizer, may be disqualified in the sole and absolute discretion of the Contest Organizer. Only the official timekeeping device(s) of the Contest Organizer will determine the time for the purposes of this Contest.

For the purpose of the Contest Rules, the Entrant is the person whose name appears on the entry form or on the Scene +™ Loyalty Card, and the prize will be awarded to this person if he/she is selected and declared a winner. In the event of a dispute regarding the identity of the person who submitted an Entry form, it will be deemed to have been submitted by the authorized account holder associated with the Scene + Loyalty Card provided at the time of submission.

Disqualification. Entrants must comply with the following conditions, or they may be disqualified, and their Entry may be cancelled:

• Entrants must use a valid Scene + Card (loyalty card)

All Contest-related documents, including but not limited to, entry forms, and Declaration and Release Forms, are subject to verification by the Organizers. Incomplete, illegible, mutilated, fraudulent or deteriorated Entries as well as Entries containing printing or other errors or that have been tampered with, spoiled, modified, falsified, reproduced or illegally obtained shall be rejected. Entrants who do not comply with these Rules are subject to be excluded from this Contest and any future contests and promotions the Organizers may hold, including, but not limited to, any entrant guilty or suspected: (i) of tampering with materials, entry forms, entry processing or the Contest’s conduct or any technical or mechanical element of the Contest, (ii) of breaking these Contest Rules, or (iii) of using means that do not comply with the Contest Rules or are unfair to other Entrants, or (iv) to have obtained Entries exceeding the authorized limit provided in the Contest Rules or (v) to have disrupted the conduct of the Contest in any other way, or (vi) of acting unfairly or to adversely affect, annoy, abuse, threaten or harass another person.

7. PRIZES:

The prizes to be won, the number of prizes and their approximate retail value are:

Four (4) Grand Prizes: There are four (4) “Grand Prize” to be won, comprising of a Backyard BBQ Setup that includes: One (1) BBQ (ARV CAD: $1,200), one (1) Outdoor TV (ARV CAD: $3,200), one (1) Outdoor Fridge (ARV CAD: $1,000), one (1) Custom BBQ Utility Apron (ARV CAD: $300), Toronto Blue Jays GIFT CARD (ARV CAD: $350) and one (1) Sobey’s Gift Card (ARV CAD: $500). Prize has an approximate retail value (ARV) CAD $6,550.

Limit of one (1) Grand Prize per Card Holder in the Contest. The total ARV of all Prizes is CAD $28,200. Unclaimed prizes will not be awarded. Odds of winning a Prize depend on the number of eligible entries received in accordance with these Contest Rules during the Contest Period.

Each prize must be accepted as is and is not transferable, or assignable. No substitutions are permitted, except at the discretion of the Contest Organizer. The Contest Organizer reserves the right, in its sole and absolute discretion, to substitute a Prize or Prizes with a prize of equal or greater value, including, but not limited to, in the sole and absolute discretion of the Contest Organizer, a cash prize.

In no event will the Contest Organizer be responsible for more than Four (4) Grand Prizes. If computer, printing, production, mechanical, seeding, typographical or other errors result in more valid Prize claims than the number of available Prizes stated herein, the Contest Organizer reserves the right to award the number of Prizes stated herein by random drawing from among all eligible, non-suspect, valid Prize claims received for the Prize in question.

None of the Released Parties makes any representations or warranties, express or implied, as to the quality or suitability of any prize awarded in connection with the Contest. To the fullest extent permitted by law, each selected Entrant understands and agrees that he/she will not seek reimbursement or any legal or equitable remedy against the Contest Organizer and the Released Parties, whoever they may be, in the event that the prize awarded to him/her is unsatisfactory for any reason or is unsuitable for his/her particular purpose.

Winners acknowledge that upon acceptance of a Prize, performance of Prize obligations becomes the sole and exclusive responsibility of the designated service provider(s) for those portions not originating with Contest Organizer, if any.

In addition to the other conditions set out in these Rules, the following conditions apply to the Prizes offered:

• If any portion of the Prize is not used, no compensation will be provided to the winner.
• All costs, expenses, charges, fees and taxes (federal, provincial, local or otherwise) and all fees not expressly described in these Rules as being included in a Prize are the sole responsibility of the winner.
• Any Prize depicted in promotional materials is for illustration purposes only and may not be the exact item(s) offered as a Prize.
• Trademarks, logos and all service marks (including individual product and retailer names) are the property of their respective owners.

8. SELECTION, NOTIFICATION AND CONFIRMATION OF WINNERS:

On June 30, 2024, at 12:00 PM EST, four (4) potential Grand Prize Winners will be selected by random draw from all valid Entries received during the Contest Period.

Entries must be received before the end of the Contest Period to be eligible for the draw. Odds of winning a Contest Promotion Prize depend on the number of eligible Contest Entries received.

In addition, the following terms and conditions apply to all prizes, Winner must have a Scene + ™ account to receive the prizing.

The draw will be conducted by Administrator in Stellarton, Nova Scotia.

All prizes will be awarded, provided there are a sufficient number of qualified purchases registered. The Contest Organizer or its designated representative will make at least three (3) attempts to contact each selected Entrant who is eligible to win a Grand Prize within five (5) business days of the applicable draw date. The Entrant will be contacted by email or telephone, at the sole discretion of the Contest Organizer. If a selected Entrant does not respond adequately within the time period specified above or if a notification is returned as undeliverable, that selected Entrant may, in the sole and absolute discretion of the Contest Administrator, be disqualified (and, if disqualified, will forfeit all rights to the applicable prize) and the Contest Administrator reserves the right, in its sole and absolute discretion and time permitting, to randomly select another Eligible Entrant from among all remaining Eligible Entries received at the time of the initial draw (in which case the foregoing provisions shall apply to such newly selected Entrant). If no Entrants are declared the winners in sixty (60) days following the initial draw, the prizes could be cancelled.

Official Time. The Contest Administrator’s servers are the official tool for determining the time for this Contest. The time an Entry is received by the Contest Administrator will be deemed to be the time it is received by the Contest Administrator’s mail or web server (whichever is applicable) as determined by the clock on that server.

NO POTENTIAL WINNER IS A WINNER UNTIL THE CONTEST ORGANIZER HAS OFFICIALLY DECLARED THAT POTENTIAL WINNER A WINNER IN ACCORDANCE WITH THESE RULES. No prize shall be given until the winner is confirmed.

Before being declared a Winner, a selected potential prize winner must correctly answer, without mechanical or other assistance, a mathematical skill-testing question (which may, in the sole and absolute discretion of the Organizer, be administered online, by email or other electronic means, by telephone, or on the Organizer’s Declaration and Release Form.

If a selected potential prize correctly answers the mathematical skill-testing question, the potential prize winner will be required to sign and return the original signed copy of the Declaration and Release Form (hereinafter the “Declaration Form”) provided by the Contest Organizer, which (among other things): (i) confirms compliance with these Rules; (ii) acknowledges acceptance of the Prize (as awarded); (iii) releases the Released Parties from any and all liability in connection with this Contest, participation and/or awarding and use/misuse of the Prize or any portion thereof; (iv) agrees to indemnify the Released Parties from and against any and all claims, damages, liabilities, costs and expenses arising out of or in connection with the use of his or her Prize; and v) confirms consent to any publication, reproduction and/or other use of his/her name, city/province/territory of residence, voice, statements about the Contest and/or photograph or other likeness, without further notice or compensation, in any publicity or advertisement carried out by or on behalf of the Contest Organizer, by any means and in any media, including print, broadcast or the Internet.

If a selected potential prize winner (a) fails to correctly answer the skill testing question; (b) fails to return the properly executed Contest documents within the specified time period (for any Grand Prize); (c) cannot accept (or refuses to accept) the Prize (as awarded) for any reason; and/or (d) is in violation of these Rules (as determined by Contest Organizer in its sole and absolute discretion); then such potential prize will be disqualified (and forfeit all rights to the Prize) and the Contest Organizer reserves the right, in its sole and absolute discretion and time permitting, to randomly select another eligible potential prize winner from among all remaining eligible entries received at the time of the initial draw.

Once confirmed, the potential prize winner will be asked to confirm their eligibility and to provide their contact information for prize fulfilment. The Grand Prizes will be delivered within 6-8 weeks after being confirmed as an eligible winner.

Winners acknowledge that upon acceptance of a Prize, performance of Prize obligations becomes the sole and exclusive responsibility of the designated service provider(s) for those portions not originating with Contest Organizer, if any.

For the purposes of these Rules, the Entrant is the person whose name appears on the Scene +™ Card and, subject to the terms hereof, it is to this person that the Prize will be awarded if declared a winner.

9. GENERAL CONDITIONS:

Each potential prize winner may be required to sign and return an Affidavit of Eligibility/Liability Release and, where permitted by law Publicity Release within two (2) days after first notification attempt. Within two (2) to four (4) weeks of receiving the duly completed and signed Declaration and Release Form, the Contest Organizer will contact the winners with information on how to collect their prizes. All federal, provincial/territorial and local laws and regulations apply.

10. LIMITATIONS AND RELEASES:

Unless otherwise prohibited from doing so by applicable law, the Entrant agrees to the following releases:

CONTEST RELEASE: By entering the Contest, Entrants agree to forever release, discharge and hold harmless, Sponsor, Contest Entities, their affiliates, subsidiaries, their advertising and promotional agencies and their respective directors, officers, employees, representatives, successors, assigns and agents, parent and related companies, licensors, licensees (the “Releasees”), from and against any and all damages, claims, injuries, death, loss and/or liability to person or property, due in whole or in part, whether directly or indirectly, to entering and participation in the Contest, including, without limitation, claims based on infringement of publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement, breach of confidence, or any other intellectual property-related cause of action.

PRIZE RELEASE: If an Entrant wins a Prize and accepts the Prize, such acceptance shall mean full satisfaction of the entitlement as an Entrant and Winner in the Contest and the Entrant fully discharges and forever releases the Releasees, of and from any and all claims, demands, losses, damages, actions or causes of action whatsoever, whether known or unknown, whether at law or in equity which they or their heirs, executors, administrators, successors or assigns may now or hereafter have against any of the Releasees in connection with the Prize. The Releasees will have no liability whatsoever for any injuries, losses or damages of any kind caused by any Prize or resulting from acceptance, possession, use and/or misuse of any Prize. By participating and accepting a Prize, Entrant agrees to hold harmless the Releasees and each of their respective affiliates, directors, employees, officers and agents from any and all liability, injury, loss or damage of any kind, including but not limited to personal injury or death, arising from or in connection with participation in the Contest, or the awarding, receipt, possession, use or misuse of any Prize.

Entrant acknowledges, without limiting the generality of the foregoing, that the Releasees will not be responsible for any injury, accident, death or dismemberment, or any other loss, damage or expense in connection with the use of the Prize. Refusal to accept a Prize releases the Releasees of all responsibility and obligations toward the Entrant of such Prize. Entrant also acknowledges that none of the Releasees has offered any representation or warranty respecting the Prizes in accordance with their terms as if the invalid or illegal provision were not contained herein.

Contest Entities are not responsible for lost, late, mutilated or illegible entries nor for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive Entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any website and/or wireless network or any combination thereof. The Released Parties are not responsible for incorrect or inaccurate information, whether caused by an Entrant 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 transmission, receipt or processing of codes. Further, Released Parties are not responsible for electronic communications that are undeliverable due to any form of active or passive filtering of any kind, or due to insufficient space in Participant Entrant’s email account preventing Participant Entrant from receiving emails.

The Released Parties disclaim all liability for: (i) any failure of any website and/or platform during the Contest; (ii) any technical malfunctions or other problems of any kind, including, but not limited to, those affecting telephone network or lines, computer online systems, servers, access providers, computer hardware or software (iii) any Entry, Request or other information which is not received, captured or stored, for any reason, including but not limited to technical problems or traffic congestion on the Internet or at any website; (iv) any injury or damage to an Entrant’s or any other person’s computer or other property related to or resulting from participation in this Contest; (v) incorrect and/or erroneous designation of a selected winner or Entrant; and/or (vi) any combination of the foregoing

The Sponsor reserves the right to modify, extend, suspend, or terminate the Contest if it determines, in its sole discretion, that the Contest is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper entry and/or feasibility of the Contest as contemplated herein. If for any reason the online Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Contest, The invalidity or unenforceability of any provision of these Rules shall not affect the validity or enforceability of any other provision. 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 decisions of the Contest Organizer with respect to all aspects of this Contest are final and binding on all entrants without right of appeal. ANY PERSON FOUND TO BE IN VIOLATION OF THE LETTER AND SPIRIT OF THESE RULES BY THE CONTEST ORGANIZER, FOR ANY REASON WHATSOEVER, MAY BE DISQUALIFIED AT ANY TIME, AT THE SOLE AND ABSOLUTE DISCRETION OF THE CONTEST ORGANIZER.

11. PRIVACY:

The Sponsor respects the Entrants’ right to privacy. By entering this Contest, all Participant Entrants explicitly consent to the Contest Organizer, its agents and/or representatives, recording, sharing and using the personal information provided solely for the purpose of administering the Contest and in accordance with the Contest Organizer’s privacy policy (available at: https://www.kraftcanada.ca/privacypromise ).

This section does not limit any other consent an individual may give to the Contest Organizer or others with respect to the collection, use and/or disclosure of his/her personal information.

Personal information. By participating, Entrants consent to the collection, use and disclosure of their personal information by the Administrator and/or its authorized agents for the purpose of administering the Contest and awarding prizes. In accepting a prize, a winner authorizes the Contest Organizer and its representatives to use, if need be, his/her name, address (city, province), voice, statements, photo, likeness and other representations and recording for advertising purposes in all media including, but not limited to, the Internet, without further notice or compensation. Each entrant may be required to sign a document to that effect.

Except as provided in these Rules, no communications or correspondence will be entered into with Entrants, except with Prize winners.

12. MISCELLANEOUS:

Ownership. All Contest-related information and documents, including but not limited to, entry forms and Declaration and Release Forms, information of a technical or operational nature or regarding designs, information systems, software, logos, trademarks and intellectual property are and remain the sole property of the Contest Organizer and will in no case be returned to participants. The Contest Organizer is the sole owner of the promotional materials and products of the Contest and of the intellectual property rights related thereto, and nothing in these Rules shall be construed as conferring any rights whatsoever on the Entrants in this regard.

The invalidity or unenforceability of any provision of this by-law shall not affect the validity or enforceability of any remaining provisions. If any provision is held to be invalid or otherwise unenforceable or illegal, this by-law shall remain in full force and effect and shall be construed in accordance with its remaining provisions as if the invalid or illegal provision were not included.

The Contest Organizer reserves the right, in its sole and absolute discretion, to administer an alternate skill-testing procedure, as it deems appropriate in the circumstances, or in order to comply with applicable law.

The Contest Organizer reserves the right , to change the dates, deadlines and/or other mechanics of the Contest as set out in these Contest Rules, to the extent deemed necessary by the Contest Organizer, in order to verify that an Entrant, an Entry Application and/or other information comply with these Rules, or due to technical or other problems or circumstances which, in the opinion of the Contest Organizer, in its sole and absolute discretion, affect the proper administration of the Contest as contemplated in these Rules, or for any other reason.

Any decision by the Contest Organizer with respect to any aspect of this Contest, including but not limited to the eligibility and disqualification of Forms, will be final and binding.

The use of the masculine gender in these Rules is for convenience only and applies to all genders.

A copy of the Rules and the names of the winners will be available upon written request to:

“Backyard BBQ Upgrade Contest : Rules/Winner Request”

Trademarks of Scene Plus IP Corporation used under license by Sobeys Capital Incorporated and Kraft-Heinz ULC.

13. PUBLICITY:

Entering this Contest or accepting a Prize (if applicable) constitutes permission by Entrant for the Sponsor, and its agencies to use the Entrants’ and Prize Winners’, as applicable, names, cities and provinces/territories of residence, biographical information, Entry, Prize information, video, recording, voice, photograph, statements and likenesses for purposes of advertising and publicity in any and all media now or hereafter known throughout the world in perpetuity, without further compensation, notification, or permission, unless otherwise prohibited by law.

14. RIGHTS OF SPONSOR:

The Sponsor reserves the right, to terminate, modify, or suspend this Contest or amend the Rules at any time and in any way, without prior notice or obligation. This includes, without limitation, if for any reason, the Contest is not capable of running as planned or if the administration, security, fairness, integrity, or proper conduct of the Contest if adversely affected. Without limitation, this includes where, in the Sponsor’s opinion, there is any suspected or actual evidence of tampering with any portion of the Contest, or if technical difficulties or any other factor including accident, printing, administrative, or any error of any kind compromises the integrity, administration, or conduct of the Contest, or for any other reason.

Any attempt to deliberately damage any website or other component, or to otherwise undermine the legitimate operation of this Contest is a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law, including criminal prosecution.

Sponsor reserves the right to disqualify a person if he/she enters the Contest or tries to do so by any means contrary to these Official Contest Rules or which would be unfair to other Entrants or where Contest Entries are generated by any mechanical or automated means, including the supply of untruthful, inaccurate, or misleading details and/or information. Entry materials that have been tampered with, reproduced, falsified, or altered are void.

15. LICENSE:

By entering this Contest and submitting an Entry, an Entrant (i) grants Sponsor a non-exclusive, unlimited, royalty free, irrevocable, right and license to use, publish, display, produce, perform, convert, adapt, publicly present, communicate to the public, assign, sub-license, edit, modify, translate, reproduce, dispose of, post, broadcast or otherwise use the Entry, in whole or in part, in any way and in any form of media now known or hereafter developed, including, without limitation, as contemplated within these Rules, or in any advertising or promotions created by Sponsor in any form of media to promote this Contest and/or future contests similar to this Contest, without review, notice, approval or compensation (the “License”); (ii) waives all moral rights in and to the Entry in favor of Sponsor; and (iii) represents and warrants to Sponsor that he/she has the authority to grant to Sponsor the License.

16. GOVERNING LAW:

All issues and questions concerning the construction, validity, interpretation, and enforceability of the Rules, or the rights and obligations of Entrants and the Sponsor in connection with the Contest shall be governed by, and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to conflicts of law principles. Any attempt by an Entrant or any other individual to deliberately damage any website or undermine the legitimate operation of the Contest could be a violation of criminal and civil laws 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. This Contest is subject to all federal, provincial, territorial and municipal laws.