THE FRESH FASHION INDULGENCE CONTEST (the “Contest”)
Official Rules and Regulations (the “Contest Rules”)
1. THE CONTEST PERIOD
The Contest entry period commences at 5:30 a.m. Eastern Time (“ET”) on September 9, 2013 and concludes at 8:59 a.m. ET on November 1, 2013 (the “Contest Period”).
The Contest is open to residents of the Province of Ontario, who, as of the start of the Contest Period, are eighteen (18) years of age or older. Employees, directors and officers of 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, or those with whom any of the foregoing are domiciled (whether related or not) are not eligible to enter the Contest.
3. HOW TO ENTER
NO PURCHASE NECESSARY.
Listen to the Radio Station during the Contest Period for the cue to call, which will be played weekdays (with the possible exception of Thanksgiving) any time between 5:30 a.m. and 9:00 a.m. ET (“Cue to Call”). Upon hearing the Cue to Call, listeners will be invited to call 1-800-953-2464 (the “Contest Line”). The third (3rd) caller through to the Contest Line will be entered into the Weekly Grand Prize draw (each, a “Qualifier”).
Streaming Listeners: Please note that you may be listening to a delayed stream of the radio signal which may vary depending on your computer’s memory capacity and the speed of your internet connection. For that reason, Contest Sponsors recommend that you turn on your radio to the Radio Station to participate in any call-in contest to be sure you are participating in “real time.” Contest Sponsors assume no responsibility for entrants not making timely phone calls to the Radio Station as a result of the delays in the Internet stream.
NOTE: Listeners may try calling in as many times as they wish, but if they become a Qualifier for that week’s Weekly Grand Prize they are no longer eligible to enter again that week. 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 during the Contest Period, beginning on September 16, 2013 at 8:40 a.m. ET, one (1) eligible Qualifier will be randomly selected as the potential winner of a Weekly Grand Prize, as described below. The potential Weekly Grand Prize winner will be contacted by a representative of one of the Contest Sponsors within five (5) days of the draw by telephone and/or email as provided by the entrant. Potential Weekly Grand Prize winners found to be ineligible, decline to accept the Weekly 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 may be required to forfeit the Weekly Grand Prize and another eligible entrant may be selected in Contest Sponsors’ sole discretion.
5. THE WEEKLY GRAND PRIZE AND WEEKLY GRAND PRIZE VALUE
There are eight (8) Weekly Grand Prizes to be won. Each Weekly Grand Prize consists of $1,000 CDN in cash.
Only one (1) Weekly Grand Prize will be awarded per household.
6. DEADLINE FOR CLAIMING THE WEEKLY GRAND PRIZE
Following confirmation as a Weekly Grand Prize winner in accordance with the Contest Rules, selected entrants will be given instructions and a deadline as to how they must claim the Weekly Grand Prize. Potential winners who fail either to claim the Weekly Grand Prize or to inform the Contest Sponsors his/her inability to claim the Weekly Grand Prize before the deadline, as instructed, may be required to forfeit the Weekly Grand Prize and another eligible entrant may be selected in Contest Sponsors’ sole discretion.
7. WEEKLY GRAND PRIZE CONDITIONS
All incidental costs and expenses not specifically referred to herein as part of the Weekly Grand Prize description, (the “Expenses”) are the sole responsibility of the Weekly Grand Prize winner. All Weekly Grand Prize elements are subject to availability and substitution. The Weekly Grand Prize winner shall not seek reimbursement for the Expenses from the Contest Sponsors.
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 the Weekly Grand Prize awarded in connection with the Contest. Weekly Grand Prize winners understand and acknowledge that he or she may not seek reimbursement or pursue any legal or equitable remedy from the Contest Sponsors should the Weekly Grand Prize fail to be fit for its purpose or is in any way unsatisfactory to a Weekly Grand Prize winner.
10. DECLARATION AND RELEASE OF WEEKLY GRAND PRIZE WINNER
Before being awarded a Weekly Grand Prize, the selected entrant must:
(a) correctly answer, unaided, a time-limited skill-testing mathematical question; and
(b) 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 Weekly 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 Weekly 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 the Weekly 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 Weekly Grand Prize, whether suffered by the Weekly 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 form. Weekly Grand Prizes will only be awarded upon (a) verification of the answer to the skill questions and (b) return of the fully executed Release Forms to the email or fax number provided to the Weekly Grand Prize winner. 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.
11. WEEKLY GRAND PRIZE SUBSTITUTION
Weekly 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 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 the Weekly Grand Prize, or prize portion, with (a) prize(s) of equal or greater value for any reason. Should a winner be unable to claim his/her Weekly Grand Prize or prize portion as awarded, his/her rights to the Weekly Grand Prize or prize portion may be forfeited, to be determined in Contest Sponsors’ 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 the Weekly 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, 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. Weekly 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 Weekly 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 to 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 the Weekly Grand Prize, or while preparing for, participating in any Contest-related or Weekly 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 rules and regulations are available online at www.953freshfm.com and at the Radio Station studios, located at 875 Main Street West, Hamilton, Ontario L8S 4R1.
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 or restricted 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.