FRESH CUBAN INDULGENCES (the “Contest”)
Official Rules and Regulations (the “Contest Rules”)
1. THE CONTEST PERIOD
The Contest entry period commences at 12:00 a.m. Eastern Time (“ET”) on November 12, 2013 and concludes at 5:59 p.m. ET on December 22, 2013 (the “Contest Period”).
The Contest is open to residents of the Province of Ontario, who, at the start of the Contest Period are eighteen (18) years of age or older, have a valid passport before and for the duration of the trip and be able to travel to the destination. Employees, directors and officers of Red Label Vacations Inc. (Redtag), CING-FM (the “Radio Station”), and Corus Entertainment Inc. (the “Contest Sponsors”) any affiliate (as defined in the Canada Business Corporations Act) of the Contest Sponsors (the “Affiliates”) employees, directors and officers of their respective advertising and promotional agencies, as well as those with whom any of the foregoing are domiciled (whether related or not) are not eligible to enter the Contest.
Any guest of the Grand Prize winner must also be able to travel to the destination. Guests may be under the age of majority (each, a “Minor”) so long as the Grand Prize winner is the custodial parent or legal guardian of such Minor and agrees to be fully and legally responsible for his/her Minor guest for the duration of the Grand Prize trip.
3. HOW TO ENTER
NO PURCHASE NECESSARY.
Listen to the Radio Station every day during the Contest Period for random broadcasts of the “953 FRESH FM ARTIST OF THE DAY” (the “Contest Cue”). Upon hearing the Contest Cue, listeners are invited to call 1-800-953-2464 (the “Contest Line”). The first (1st) caller and the second (2nd) caller through to the Contest Line will be entered to win one (1) of six (6) Grand Prizes, as described below (each, an “On-air Entry”).
NOTE: Only one (1) On-air Entry per household per day is permitted. Multiple entries will be discarded. Entries are subject to verification and will be declared invalid if they are reproduced, falsified, altered or tampered with in any way.
4. WINNER SELECTION
Each Monday morning (i.e., “953 Fresh FM Mornings”) during the Contest Period beginning November 18, 2013 through to December 23, 2013 at 6:50 a.m. ET, one (1) eligible On-air Entry will be randomly selected from the pool of On-air Entries received and announced on air as the potential winner of a Grand Prize as described below. Grand Prize winners will be contacted by a representative of one of the Contest Sponsors within one (1) business day of the draw by telephone and/or email, as provided by the entrants at the time of the qualifying call. The potential Grand Prize winners found to be ineligible, decline to accept the Grand Prize or who are unable to be contacted (including failing to return phone calls or emails) within five (5) business days of the draw will forfeit their Grand Prize and another eligible entrant may be selected in the Contest Sponsors’ sole discretion.
5. THE GRAND PRIZES AND GRAND PRIZE VALUES
There are six (6) Grand Prizes to be won. Each Grand Prize consists of the following:
• return airfare, based on economy class, for two (2) people between Toronto, Ontario to Varadero, Cuba
• seven (7) nights all-inclusive standard accommodation (based on double occupancy) at Melia Varadero Resort
• land airport-hotel transfers in Cuba
• all meals, including a la carte menu and beverages
• daily activities
• nightly entertainment
The approximate retail value of each Grand Prize is $2,800 CDN.
Only one (1) Grand Prize will be awarded per household.
To give others a chance to win prizes, there shall be only one (1) winner per household awarded by the Radio Station once every thirty (30) days if the prize is valued over $1,000 CDN, unless specified otherwise. For contests that run beyond thirty (30) days, contestants may only win one (1) prize per contest.
6. DEADLINE FOR CLAIMING A GRAND PRIZE
Following confirmation as a Grand Prize winner in accordance with the Contest Rules, selected entrants will be given instructions and a deadline as to how they must claim their Grand Prize. Potential Grand Prize winners who fail either to claim their Grand Prize or to inform the Contest Sponsors his/her inability to claim the Grand Prize before the deadline, as instructed, may be required to forfeit their Grand Prize and another eligible entrant may be selected in Contest Sponsors’ sole discretion.
7. GRAND PRIZE CONDITIONS
i) All incidental costs and expenses not specifically referred to herein as part of the Grand Prize description, including but not limited to ground transportation not specifically mentioned in Section 5 above, airport improvement fees, travel insurance, out-of-country medical insurance, if applicable, trip cancellation insurance, connector flights, sightseeing tours, tips, departure taxes, fee and surcharges, excess baggage fees, costs associated with obtaining travel documents, visas, or necessary vaccinations, souvenirs, applicable taxes and gratuities, or items of a personal nature (the “Expenses”) are the sole responsibility of each Grand Prize winner (and/or guest(s) where applicable). Each Grand Prize winner and his/her guest(s) are solely responsible for obtaining travel insurance (and all other forms of insurance, including but not limited to, medical) and hereby acknowledge that the Contest Sponsors have not and will not obtain or provide travel insurance or any other form of insurance. All Grand Prize elements are subject to availability and substitution. The Grand Prize winners (and/or guest(s) where applicable) shall not seek reimbursement for the Expenses from the Contest Sponsors;
ii) A valid credit card will be required upon check in at the hotel;
iii) The Grand Prize trip must be taken within one (1) year from December 31, 2013 (“Travel Period”), subject to availability. Bookings can only be requested within eight (8) weeks of the preferred departure date. Blackout periods may apply. All Grand Prize elements are subject to availability and substitution. All airline tickets are subject to flight variation, work stoppages, and schedule or route changes. Contest Sponsors reserves the right to structure travel routes and select hotels in their sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight except at the sole discretion of the Contest Sponsors. The Grand Prize winners and his/her guest(s) must travel together on the same itinerary from the same departure airport. Elements of the Grand Prize trip (including, without limitation, airfare and lodging) may not be used towards loyalty programs. If a Grand Prize winner is unable to travel during the Travel Period, he or she may be required to forfeit the Grand Prize and an alternate winner may be selected in Contest Sponsors’ sole discretion;
iv) Grand Prize winners and their travel guest(s) must be in possession of a valid passport and other necessary travel documents upon selection, which documents must be valid prior to, and for the duration of the trip. Grand Prize winners and each of his/her guest(s) must be able to travel to Cuba. Failure to obtain necessary travel documentation, including but not limited to, to any requisite Travel Consent Forms proving that the custodial parent or legal guardian has the requisite permission to travel with a minor, will result in forfeiture of their Grand Prize;
v) If any guest of a Grand Prize winner has not reached the age of majority in his or her province or territory of residence by the date the Grand Prize is awarded, the winner must be his/her custodial parent or legal guardian, who has agreed to fully and legally responsible for his/her Minor guest(s) for the duration of the Grand Prize trip; and
vi) The Grand Prize winners and his or her guest must comply with all applicable laws, including but not limited to, all local laws while in Cuba.
8. ODDS OF WINNING
Odds of winning depend on the total number of eligible entries received during the Contest Period.
9. NO REPRESENTATIONS OR WARRANTIES
None of the Contest Sponsors makes any representation or offers any warranty, express or implied, as to the quality or fitness of a Grand Prize awarded in connection with the Contest. Grand Prize winners understand and acknowledge that they may not seek reimbursement or pursue any legal or equitable remedy from the Contest Sponsors should a Grand Prize fail to be fit for its purpose or is in any way unsatisfactory to a Grand Prize winner.
10. DECLARATION AND RELEASE OF GRAND PRIZE WINNERS
Before being awarded a Grand Prize, each selected entrant must:
(a) correctly answer, unaided, a time-limited skill-testing mathematical question, and
(b) his or her guest (or guest(s)’s custodial parent or legal guardian, if a minor) each must sign a standard form Declaration and Release of Liability (the “Release Forms”) confirming that by entering the Contest:
he or she read, understood and accepted these Contest Rules;
that he or she understands that acceptance of a Grand Prize may involve danger and/or exposure to risks and hazards of both man-made and natural origin, whether arising from foreseeable or unforeseeable human error and negligence, and that, as a result, he or she may suffer damage to personal property, serious personal injury, illness or even death;
that he or she nevertheless freely and voluntarily agrees and does hereby assume any and all risks of personal injury, illness, death arising out of or connected with his or her participation in the Contest and winning a Grand Prize; and
that he or she releases discharges, indemnifies and holds harmless the Contest Sponsors, the Affiliates, the prize providers, and each of their respective directors, officers, employees, independent contractors, representatives, licensors and agents as well as their respective advertising and promotional agencies (collectively, the “Releasees”) from and against any and all liability due to any injuries, damages or losses to any person (including death) or property of any kind, arising in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of a Grand Prize, or in connection with participation in this Contest or a Contest-related activity, including, without limitation, any financial, legal or moral responsibility or loss or personal injury including death or damage to or loss of property suffered or incurred or arising from participating in the Contest or accepting a Grand Prize, whether suffered by a Grand Prize winner or by his or her heirs, administrators, personal representatives or executors, and notwithstanding that such injuries or losses may have been caused solely or partly by any act, omission, negligence or gross negligence of any or all of the Releasees.
Release Forms will be emailed to potential winners at the email address provided on their Contest entry forms. Grand Prizes will only be awarded upon (a) verification of the answer to the skill-testing question and (b) return of the fully executed Release Forms to the email or fax number provided to the Grand Prize winners. Failure to return a signed Release Form as instructed by the Contest Sponsors may result in disqualification, to be determined in Contest Sponsors’ sole discretion. Grand Prize winners are responsible for obtaining and returning signed copies of Release Forms from their guests, if applicable.
11. GRAND PRIZE SUBSTITUTION
Grand Prizes and prize portions are non-exchangeable, non-transferable, non-refundable, have no cash surrender value and must be accepted as awarded with no substitutions, except as may be decided by Contest Sponsors in their sole and absolute discretion. The Contest Sponsors reserve the right, in their sole discretion, to substitute and/or modify a Grand Prize or prize portion, with (a) Grand Prize(s) of equal or greater value for any reason. Should a Grand Prize winner be unable to claim his/her Grand Prize or prize portion as awarded, his/her rights to the Grand Prize or prize portion may be required to be forfeited, to be determined in Contest Sponsor’s sole discretion.
Subject to applicable law, the Contest Sponsors reserve the right to cancel, suspend, terminate, and/or modify the Contest Rules or administration of the Contest, in whole or in part, without prior notice with no obligation or liability, including, if for any reason, the Contest is not capable of running as planned, whether due to technical failure, tampering, fraud, corruption of security or other causes beyond the control of the Contest Sponsors. The Releasees are not responsible or liable to any entrant or winner or any person claiming through such entrant or winner for failure to supply a Grand Prize or any part thereof, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorists acts, air raid, blackout, act of public enemy, earthquake, volcanic eruption, tsunami, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labour or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, performers’ illness, injury or death, or any other cause beyond the Releasees’ sole control.
13. OWNERSHIP OF ENTRIES
Subject to the terms contained in Section 15 below, all entries shall become the property of the Contest Sponsors and their advertising and promotional agencies. The Releasees assume no responsibility for lost, stolen, destroyed or otherwise indecipherable entries due to any failure or technical malfunction of the telephone network, on-line computer systems of equipment, servers, access providers, software, poor reception, technical problems, failure of any email or submission or due to any other reason regardless of cause.
By entering the Contest, each entrant consents to the use of his or her name, city of residence, photograph, voice, likeness, image or any other aspect of his or her personality for any publicity and programming purposes, commercial or otherwise, throughout the world, in all media, in perpetuity, by the Contest Sponsors, promoters and their advertising and promotional agencies, without any payment or compensation. Grand Prize winners further agree that his or her audio reaction may be used for on-air promotional purposes. Entrants understand and acknowledge that the Radio Station may contact him or her on-air without prior knowledge as a result of his or her participation in the Contest.
15. CONSENT TO COLLECTION AND USE OF PERSONAL INFORMATION
If for any reason the Contest is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other cause beyond the reasonable control of the Contest Sponsors that corrupts, impairs or affects the administration, security, fairness, integrity, or proper conduct of this Contest, the Contest Sponsors reserve the right, at their sole discretion, to cancel, terminate, modify, extend or suspend the Contest and/or Grand Prizes. The Contest Sponsors further reserve the right to disqualify, from this Contest and future contests of the Contest Sponsors, any individual who tampers with or in any way corrupts the entry process. The Contest Sponsors may prohibit an entrant from participating in the Contest, future contests of the Contest Sponsors and/or winning a prize(s) if, in the Contest Sponsors’ sole discretion, the Contest Sponsors determine that said entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or any unlawful or unfair playing practices relating or the Contest (including but not limited to the use of automated quick entry programs), prize(s) or intending to annoy, abuse, threaten or harass any other entrants or the Contest Sponsors representatives. Any attempt by an entrant or any other individual to deliberately damage any web site or undermine the legitimate operation of the Contest may be in violation of criminal and civil laws and should such an attempt be made, the Contest Sponsors reserve the right to seek remedies and damages (including lawyers’ fees) from any such entrant or any other individual to the fullest extent permitted by law, including criminal prosecution.
17. LIMITATION OF LIABILITY
By entering the Contest, the entrant agrees that the Releasees shall have no liability and shall be held harmless by the entrant for any damage, loss or liability to person or property, due in whole or in part, directly or indirectly, by reason of entering the Contest, the acceptance, possession, use, enjoyment or misuse of a Grand Prize, or while preparing for, participating in any Contest-related or Grand Prize-related activity. The Releasees are not responsible for technical, hardware, software or telephone failures of any kind, lost or unavailable network connections, fraud, incomplete, garbled or delayed computer transmissions, whether caused by any of the Releasees, users 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 processing of submissions that may cause damage to a user’s system or limit an potential entrant’s ability to participate in the Contest.
18. WHERE CONTEST RULES AND REGULATIONS AVAILABLE
These Contest Rules and regulations are available online at www.953freshfm.com or at the Radio Station studios, 875 Main Street West, Hamilton, L8S 4S1.
19. COMPLIANCE WITH CONTEST RULES
All entrants agree to abide by the Contest Rules, which are subject to change at the sole discretion of the Contest Sponsors.
20. COMPLIANCE WITH LAWS
This Contest is void where prohibited by law and is subject to all federal, provincial, territorial and municipal laws and regulations of Canada and of each province, territory and municipality of Canada, respectively.
© Corus Entertainment Inc., 2013.