Introducing: Cabana ELITE!

*CANNA CABANA CABANA ELITE MEMBERSHIP

 (THE “PROGRAM”)

Official Terms and Conditions

THESE TERMS AND CONDITIONS GOVERN THE CABANA ELITE MEMBERSHIP PROGRAM (“THE PROGRAM”).  YOUR PARTICIPATION IN THE PROGRAM CONSTITUTES ACCEPTANCE AND AGREEMENT TO ALL OF THESE TERMS AND CONDITIONS. 

Eligibility: Only legal residents of Alberta, Saskatchewan, Manitoba and Ontario are eligible to purchase a membership. Individuals must be nineteen (19) years of age or older as of the date of entry (or 18 years of age or older in Alberta) to be eligible for a Cabana Elite membership. Membership benefits will only be granted where permitted by law. All federal, provincial, and local laws and regulations apply. Proof of identification and eligibility must be provided upon request.

The name on participant identification must be the same as the name provided in creating the membership account. The participant cannot create a Cabana Elite membership on any name other then their own and must provide a valid email address.

Benefit Terms and Conditions

All benefits are subject to the federal Cannabis Act and associated regulations, and to provincial and municipal laws where applicable. Benefits may vary by province. By agreeing to these terms and conditions, you confirm that you have read and understand that certain advertised benefits may not be available in your province of residence.

The Company reserves the right to withdraw, amend, terminate, or suspend in whole or in part this Program at any time without prior notice and without liability if the Company determines that for any reason the Program is not capable of being conducted as planned. This Program will be subject to compliance with the Cannabis Act and associated Regulations, and with provincial laws and regulations where applicable.

The Company and each of its directors, officers, employees and agents are not liable, jointly or severally, for any incorrect or inaccurate entry information, human errors, technical malfunctions, failures, viruses, omissions, interruptions, deletions or defects of any telephone network, computer online systems, computer equipment, servers, providers, or software, including, without limitation, any injury or damage to members’ or any other persons’ computer relating to or resulting from submitting a registration, inability to access the registration website; inability to download entry material; theft, tampering, destruction, or unauthorized access to, or alteration of, data that is processed late or incorrectly or is incomplete or lost due to telephone, computer or electronic malfunction or traffic congestion on telephone lines or the Internet or the Company website, human or other errors relating to or in connection with the Program, including, without limitation, errors which may occur in connection with the administration of the Program, the processing of memberships, or for any other reason whatsoever. The Company assumes no responsibility or liability in the event that the Program cannot be conducted as planned for any reason.

All decisions of the Company regarding any and all aspects of the Program are final and binding on all members.

The Program is subject to the applicable laws and is void where prohibited by law.  It is also void in the Province of Quebec, the Province of British Columbia, the Province of Nova Scotia, the Province of Prince Edward Island, the Province of New Brunswick, the Province of Newfoundland and Labrador, and the Canadian Territories. If any provision of these Terms and Conditions is found by any court of competent jurisdiction to be unenforceable, all other provisions will remain in full force and effect.

In the event of any discrepancy or inconsistency between these Terms and Conditions and other statements contained in any Program-related materials, including but not limited to print or online advertising, these Terms and Conditions shall prevail, govern and control.

Participating in this Program constitutes irrevocable acceptance and agreement to all of these terms and conditions.

These Terms and Conditions may be amended by the Company at any time without notice.

Benefit Availability

The following benefits will be available to Cabana Elite members subject to any listed conditions. Some exclusions apply.

***Delivery discounts of 50% or any amount indicated by the Company where delivery services are available.

******A discount voucher of 25% off any cannabis accessory, with some exclusions, may be available at the time of the membership purchase. If provided, this benefit will expire one (1) year from the date of membership purchase. Your voucher will be void upon cancellation of membership. This benefit will not be available in Alberta.

Access to exclusive cannabis accessories will be provided to Cabana Elite members in Ontario, Manitoba, Saskatchewan, and Alberta while supplies last. Accessories will be priced to reflect Canna Cabana membership pricing on items of similar value. The Company will make a reasonable effort to supply Elite exclusive cannabis accessories. Elite accessories may be removed from production without notice at any time.

Access to exclusive Cabana Elite apparel will be available to Cabana Elite members in Ontario, Manitoba, Saskatchewan, and Alberta while supplies last.

*****A birthday gift bundle will be available to Cabana Elite members. The Company and/or designated employees or agents may determine what is included in the birthday gift. The contents and price of the birthday gift may vary based on inventory, gift contents, or differing legal requirements between provinces. Birthday gift bundles will not include any discounted items in Alberta. The Company is not liable for any differences in the contents or pricing of birthday gifts. Should no birthday gifts be available on your birthday, the Company will either direct you to store locations that have birthday gifts in-stock or will advise you of a separate date on which you can come collect your gift. Birthday gifts will be available on a best effort basis. You are not guaranteed to receive a birthday gift. Gifts will be provided on a first come, first served basis. Gifts are available for pickup in-store only. Specific details regarding the contents, availability, and pickup of birthday gifts may vary depending on your province of residence.

**Exclusive Flash Sales will be available to Cabana Elite members in the provinces of Ontario, Alberta, Manitoba, and Saskatchewan. In Alberta, “Flash Sales” means sale of exclusive cannabis products that will be available for a limited time to exclusive members. Discounts will not be provided on these items in Alberta. In Ontario, Manitoba, and Saskatchewan, “Flash Sales” will include Elite exclusive time-limited discounts on designated items. Sales are based on product availability and are only applicable for a limited time or while supplies last. The Company is not obligated to offer flash sales on any items and retains the right to cancel or end a sale early without notice if deemed necessary for any reason. Differences in the contents and nature of flash sales are based on differing regulatory requirements across regions and are not intended to provide unequal benefits.

Discounts on specified Cabana Cannabis Co. cannabis products and accessories will be available to Cabana Elite members subject to product availability. The Company may remove or amend sales prices for any reason without notice. This benefit will not be available in Alberta.

Veteran discounts on the purchase of a Cabana Elite memberships will be available to Cabana Elite members who provide proof that they are a veteran in the Provinces of Ontario, Manitoba, Alberta, and Saskatchewan.

Student discounts on the purchase of a Cabana Elite memberships will be available to Cabana Elite members who provide valid student ID from an accredited post secondary institution.

Perkopolis memberships will be available where permitted by law for the duration of the Company’s contract with Perkopolis. This benefit may be terminated at any time for any reason without notice. This will not be available in Alberta.

Tours, events, and tickets may be available to Cabana Elite members where permitted by law. All tours, events, or tickets are available while supplies last. You are not guaranteed to receive access to tours, events, or tickets. In order to qualify for tours or events or to receive tickets, you must sign a waiver agreeing to the conditions therein. This will not be available in Alberta.

Discounts on High Tide subsidiary companies may be available where permitted by law. This will not be available in Alberta.

The Company is not liable for any international deliveries, including any failed, incomplete or lost deliveries.

Members who sign-up during the Canna Cabana 420 Car Giveaway event in 2022 will receive three (3) entries into the giveaway. To qualify, entrants must agree to the rules and regulations governing said giveaway. Entries are non-transferable and have no monetary value.

Some benefits require you to subscribe to receive emails regarding Cabana Elite marketing. Discount coupons that are distributed through email require your consent to receive emails related to Cabana Elite marketing and benefits.

CAUTION: ANY ATTEMPT BY A MEMBER TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE MEMBERSHIP PROGRAM MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE; THE COMPANY RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. 

Personal Information: By purchasing a Cabana Elite membership and voluntarily providing the personal information as set out in these Terms and Conditions, you grant the Company the right to use this personal information for the purposes of administering the Membership Program. Any inquiry concerning an applicant’s personal information collected and used by the Company should be addressed to marketing@cannacabana.com.

****2023 CABANA CLUB 420 CAR GIVEAWAY 

Official Rules and Regulations 

REGISTER AS A CABANA CLUB MEMBER or a CABANA ELITE member for a chance to WIN A NEW CAR (THE “PRIZE”).  

THESE RULES AND REGULATIONS (THE “CONTEST RULES”) GOVERN THE 2023 CABANA CLUB 420 CAR GIVEAWAY (THE “CONTEST”).  YOUR PARTICIPATION IN THE CABANA CLUB MEMBER REGISTRATION PROCESS OR THE CABANA CLUB ELITE MEMBER REGISTRATION DURING THE CONTEST PERIOD (as hereinafter defined) CONSTITUTES ACCEPTANCE AND AGREEMENT TO ALL OF THESE RULES AND REGULATIONS.             

1. Dates and Times: All Cabana Club member registrations (“CC Registrations”) and all Cabana Club Elite registrations (“Elite Registrations”) made up until 04/20/2023 at 4:20 PM EST (the “Contest Closing Date”) will be entered to win the Contest. (CC Registrations and Elite Registrations are collectively referred herein to as a “Registration”). 
2. Sponsor: This Contest is sponsored and administered by High Tide Inc. (the “Sponsor”).  
3. Eligibility: Only legal residents of Canada (excluding residents of Quebec) individuals who are eighteen (18) years of age or older as of the date of entry (or 19 years of age or older in Manitoba) are eligible to submit a Registration.  In provinces/territories where the age of majority is 19, entrants who are 18 years old must have parental/guardian consent and must have a parent or legal guardian sign all required documentation. Registrations may not be submitted by: a) residents of Quebec; or b) directors, officers or employees of any of a Sponsor, their agents, affiliated or related companies, subsidiaries, divisions (collectively, the “Companies”) or promotional agencies, members of the immediate family of, or persons domiciled with directors, officers or employees of any of the Companies.   Proof of identification and eligibility must be provided upon request. 
4. How to Submit: No purchase or payment is necessary to participate in the Contest. To submit a Registration, eligible individuals must visit a Cana Cabana Store or visit www.cannacabana.com to complete either a CC Registration or an Elite Registration and fill out all of the required form fields. Limit of one Registration per individual.  To be eligible, Registrations must be received by the Sponsor no later than 4:20 pm. EST on the Contest Closing Date. Each CC Registration entitles the registered individual to one entry in the Contest. Each Elite Registration entitles the registered individual to three entries in the Contest.
5. Prize:  One prize of a Tesla valued at approximately $100,000.  Odds of winning depend on the amount of entries.
6. Selection of the Winner: On April 20, 2023 at 4:20pm EST (the Contest Closing Date), the Sponsor shall determine the winner by randomized draw and shall announce this member as the winner of the Contest (the “Selected Member”). The Selected Member will be notified at the email address, or phone number provided in the Selected Member’s Registration.  The failure of the Selected Member to respond to the notification within twenty-four (24) hours, or the failure of the Selected Member to fully comply with these Contest Rules, may, at the Sponsor’s sole discretion, result in the forfeiture of the Selected Member’s right to take part in the Contest. If this should occur, another Member shall be selected from the remaining eligible Registrations by random draw. and this shall continue in the same manner until a winner is found (“Alternate Winner”). The Sponsors are not responsible for the failure for any reason whatsoever of a Selected Member or Alternate Winner to receive notification or for their failure to receive a such persons response.
7. Requirements of Winner: Before a Selected Member or Alternate Winner is declared the recipient of the Prize, he or she must: (a) sign a declaration of compliance with the Contest Rules; (b) correctly answer, unaided by any other person, a time limited, mathematical skill-testing question to be administered by the Sponsor over the telephone or electronically at a mutually convenient time; and c) within two (2) days of being notified that they have been selected, sign the return and Waiver Release of Liability Form (as described below). 
8. The Winner of the Contest is subject to all standard conditions, restrictions, requirements and regulations related to the Contest. Upon confirming the Winner, the Sponsor will order the Tesla to be delivered to the dealership nearest the Selected Member or Alternate Winner’s location. Once it arrives at the Tesla dealership, the Sponsor will have 60 days to complete the transfer of the Prize to the Selected Member or Alternate Winner, as applicable. The prize must be accepted within 7 days that the winner is notified that the car is available, and cannot be transferred or assigned.  The Sponsor may, in its sole discretion, make substitutions of equivalent kind or approximate retail value. Any unused, unclaimed or declined portion of the Prize will be forfeited, have no cash value and the Sponsor shall have no obligation to provide either an alternative or value-in-kind.
9. Release: Before a Selected Member or Alternate Winner is declared the recipient of the Prize, he or she must sign an Contest eligibility and liability/publicity release (a “Waiver Release of Liability Form”); (i) confirming compliance with these Contest Rules, (ii) accepting the Prize as awarded; (iii) irrevocably releasing the Sponsor and each of its respective directors, officers, employees, agents, representatives, and third parties relating to the Contest (collectively, the “Releasees”) from any and all liability for any loss, harm, damages, cost or expense arising out of participation in the Contest,  or the acceptance, use, or misuse of any part of the Prize, including but not limited to costs, injuries, losses related to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light, or from any and all claims of third parties arising therefrom and except where prohibited by law; and (iv) consenting to the Sponsor publicly announcing the winning Member’s name and using the winning Member’s name, city, province and image for promotional and advertising purposes in any and all forms of media and technology now known or later developed whatsoever, without any further compensation to the Contest winner or any other person. The Sponsor has the sole authority and discretion to determine whether a Waiver Release of Liability Form has been properly executed and have the sole authority and discretion to accept or refuse a Waiver Release of Liability Form that has not been properly executed. The executed Waiver Release of Liability Form must be returned within twenty-four (24) hours of the date on which the winner is notified of his/her selection, failing which the winner will be disqualified and their right to the Prize forfeited.
10. Personal Information: By submitting a Registration, entrants consent to the collection, use and disclosure of their personal information by the Sponsor for the purposes of the administration of the Contest and with respect to the winning Member, to use for promotional purposes. Information is retained for as long as necessary to fulfill the purpose(s) for which it was collected and to comply with applicable laws. Any inquiry concerning an applicant’s personal information collected and used by the Sponsors should be addressed to marketing@cannacabana.com.
11. Conduct: By participating in the Contest, each Member is deemed to have executed and agrees to be bound by the Contest Rules. Each Member further agrees to be bound by the decisions of the Sponsor, which shall be final and binding in all respects. The Sponsor reserves the right, in its sole discretion, to disqualify any Member found to be: (a) violating the Contest Rules; (b) tampering or attempting to tamper with the entry process or the operation of the Contest; and/or (c) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass the Sponsor or any other person.

General Conditions

 The Sponsor reserves the right to withdraw, amend, terminate or suspend in whole or in part this Contest at any time without prior notice and without liability if the Sponsor determines that for any reason the Contest is not capable of being conducted as planned.  This Contest Process will be subject to compliance with the Cannabis Act and associated Regulations.

1. The Sponsor and each of its directors, officers, employees and agents are not liable, jointly or severally, for any incorrect or inaccurate entry information, human errors, technical malfunctions, failures, viruses, omissions, interruptions, deletions or defects of any telephone network, computer online systems, computer equipment, servers, providers, or software, including, without limitation, any injury or damage to entrants’ or any other persons’ computer relating to or resulting from submitting a Registration, inability to access the Registration website; inability to download entry material; theft, tampering, destruction, or unauthorized access to, or alteration of, entries, data that is processed late or incorrectly or is incomplete or lost due to telephone, computer or electronic malfunction or traffic congestion or telephone lines or the Internet or the Registration website, human or other errors relating to or in connection with the Registrations, including, without limitation, errors which may occur in connection with the administration of the Contest, the processing of entries, the announcement of the selected winner or in any Contest-related materials, or for any other reason whatsoever.  Proof of submitting an entry is not considered proof of delivery or receipt.  Selected winner assumes liability for injuries caused or claimed to be caused by participating in the Contest, or by the acceptance, possession, use of, or failure to receive, or inability to use any part of the Prize. Releasees assume no responsibility or liability in the event that the Contest cannot be conducted as planned for any reason.
2. All decisions of the Sponsors regarding any and all aspects of the Contest are final and binding on all Members.
3. The Contest is subject to the applicable laws and is void where prohibited by law.  It is also void in the Province of Quebec. If any provision of these Contest Rules is found by any court of competent jurisdiction to be unenforceable, all other provisions will remain in full force and effect.
4. This Contest and all related matters shall be exclusively governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any dispute arising hereunder shall be adjudicated solely in the applicable court sitting in the City of Toronto, Ontario, Canada and entrants submit and attorn to the original and exclusive jurisdiction of those courts in respect of any and all disputes.
5. In the event of any discrepancy or inconsistency between these Contest Rules and other statements contained in any Contest-related materials, including but not limited to the Registration, print or online advertising, these Contest Rules shall prevail, govern and control.
6. Participating in this Contest constitutes irrevocable acceptance and agreement to all of these rules and regulations.
7. These Contest Rules may amended by the Sponsor at any time without notice. 

Cabana Club members will receive exclusive emails about discounts and events. The lowest price guarantee and all other ongoing product discounts at a Canna Cabana location are available to all Canna Cabana customers upon request in participating store locations.