
|
THE ”ME & MY SUMMER 2008” CONTEST (THE “CONTEST”) IS INTENDED TO BE CONDUCTED IN CANADA ONLY AND SHALL BE CONSTRUED AND EVALUATED ACCORDING TO APPLICABLE CANADIAN LAW. NO PURCHASE IS NECESSARY. PARTICIPANTS MUST BE OF THE AGE OF MAJORITY IN THE PROVINCE OF BRITISH COLUMBIA OR OLDER AT THE TIME OF ENTRY. VOID IN WHOLE OR PART WHERE PROHIBITED BY LAW. ENTRY IN THIS CONTEST CONSTITUTES ACCEPTANCE OF THESE CONTEST RULES (THE “CONTEST RULES”). 1. ELIGIBILITY. be a legal resident of the province of British Columbia; be of the age of majority in his/her province or territory of residence or older at the time of entry. be the sole owner of all right, title and interest (including copyright) in and to the Work (as defined below) submitted in connection with the Contest; and Employees of Canwest Media Inc., The Vancouver Sun, Tigh-na-mara Seaside Spa Resort and Horne Lake Caves Provincial Park (collectively, the "Sponsors"), their respective affiliates, subsidiaries, related companies, advertising and promotional agencies, and the household members of any of the above, are not eligible to participate in the Contest. The Sponsors shall have the right at any time to require proof of identity and/or eligibility to participate in the Contest. Failure to provide such proof may result in disqualification. All personal and other information requested by and supplied to the Sponsors for the purpose of the Contest must be truthful, complete, accurate and in no way misleading. The Sponsors reserve the right, in their sole discretion, to disqualify any entrant should such an entrant at any stage supply untruthful, incomplete, inaccurate or misleading personal details and/or information. 2. CONTEST PERIOD. 3. HOW TO ENTER. (a) There is no purchase necessary to enter the Contest. Enter using any of the methods of entry outlined below. No entries will be accepted by any other means. To enter online, complete and submit the entry form located at www.vancouversun.com the “Contest Website”) and upload your summer story and photos to “The Vancouver Sun Me and My Summer Contest”. If you are a canada.com member, complete and submit the entry form located at www.canada.com. If you are not a canada.com member, complete a canada.com membership form at http://www.canada.com/members/. To enter by mail, clearly print your name, complete mailing address, daytime telephone number and age at time of entry on a plain piece of paper, along with a description of “your summer story and/or photos” (maximum of fifty (50) words), and submit it to the attention of The Vancouver Sun’s “Me & My Summer 2008” Contest c/o Box 2000, Vancouver, B.C. V6B 4T1. (b) Each entrant must submit an entry form together with your summer story and/or photos (the “Work”). (c) By participating in this Contest, entrant represents and warrants that: (i) the Work does not contain any material that is libelous, defamatory, profane or obscene; (ii) the Work is original and all right, title, and interest (including copyright) therein and thereto is owned and/or controlled by the entrant to the full extent necessary to enable the Sponsors to use the Work as contemplated by these Contest Rules; and (iii) the Work does not infringe upon the intellectual property or other statutory or common law rights of any third party. (d) Enter as often as you like, but each submission must be an original entry (no duplicate entries). (e) All entries including the Work, become the sole property of the Sponsors and none will be returned for any reason. Entries must be received no later than the end of the Contest Period. Entries will be declared invalid if they are late, illegible, incomplete, damaged, irregular, mutilated, forged, garbled or mechanically or electronically reproduced. No communication or correspondence will be exchanged with entrants except with those selected for one Grand Prize or one of two Secondary Prizes. (f) Entries submitted by mail must be received by the Sponsors no later than the end of the Contest Period, and must be in a separate outer envelope bearing sufficient postage. (g) Entries received online shall be deemed to be submitted by the authorized account holder of the e-mail address associated with the entry. For the purpose of the Contest Rules, “authorized account holder" of an e-mail address is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Each selected entrant may be required to provide the Sponsors with proof that the selected entrant is the authorized account holder of the e-mail address associated with the winning entry. 4. PRIZES. The Grand Prize has an approximate value of seven hundred and fifty dollars (CDN $750). Secondary Prizes. There is one (1) secondary prize (“Secondary Prize”) available to be won by the Secondary Prize winner (the “Secondary Prize Winner”). The “Family Cavern Tour for 4 at Horne Lake Caves Provincial Park” secondary prize consists of: (i) An exploration tour of caves filled with crystal formation and ancient fossils; (ii) an education in geology; and (iii) a 25 minute hike starting at Karst Trail in Riverbend Cave. Restrictions and Limitations for Horne Lake Caves: (i) not recommended for children under 5; (ii) tour booked on a first come, first serve basis; (iii) tours depart every hour from 10am to 5pm with a special “Night Caving Tour” at 7pm; and (iv) valid until October 31, 2009. Winner is not entitled to monetary difference between actual Prize value and stated approximate Prize value, if any. Grand Prize and Secondary Prize Winners may claim his/her Prize in Vancouver, British Columbia after Friday, September 5th, 2008. Prizes will be distributed after each Winner has been successfully contacted and notified of his/her Prize and fulfilled the requirements set out herein. Grand Prize Winner and his/her Guests must be available to complete their travel arrangements by August 31, 2009. Should Winner and/or Guest be unable to complete their travel by the dates and times designated by the Sponsors, the Prize will be forfeited and awarded to an alternate winner. Grand Prize Winner will be responsible for transportation to and from Tigh-na-mara Seaside Spa Resort and Conference Center and any other expense not explicitly included in the Grand Prize. Prizes must be accepted as awarded and cannot be transferred, assigned, substituted or redeemed for cash, except at the sole discretion of the Sponsors. Any unused portion of a Prize will be forfeited and have no cash value. The Sponsors reserve the right, in its and their sole discretion, to substitute a prize of equal or greater value if a Prize (or any portion thereof) cannot be awarded for any reason. 5. WINNER SELECTION. One (1) Grand Prize and one (1) Secondary Prize Winners shall be selected as follows: Weekly submissions will be selected at random from all entries received either on-line, in person or by mail. All submissions will be entered in the random draw for a chance to win the grand prize. One grand prize winner will be selected from all eligible entries received on Friday, September 5th, 2008. Two others entries will be selected as secondary prize winners from all eligible entries received during the Contest Period. Each entrant shall be eligible to win only one (1) Prize. The odds of being selected as a potential winner are dependent upon the number of eligible entries received by the Sponsors. Before being declared a Winner, the selected entrant shall be required to correctly answer, without assistance of any kind, whether mechanical or otherwise, a time-limited mathematical skill-testing question and to comply with the Contest Rules and sign and return the Release (described below). EACH SELECTED ENTRANT WILL BE NOTIFIED BY TELEPHONE OR E-MAIL NO LATER THAN FRIDAY, SEPTEMBER 5TH, 2008 AND MUST RESPOND WITHIN TWO (2) BUSINESS DAYS OF NOTIFICATION. Upon notification, the selected entrant must respond by telephone to the contact number provided in the notification, and the selected entrant’s response must be received by the Sponsors within two (2) business days of such notification. If the selected entrant does not respond in accordance with the Contest Rules, he/she will be disqualified and will not receive a Prize and another entrant may be selected in the Sponsors’ sole discretion until such time as an entrant satisfies the terms set out herein. The Sponsors are not responsible for the failure for any reason whatsoever of a selected entrant to receive notification or for the Sponsors to receive a selected entrant’s response. If, as a result of an error relating to the entry process, drawing or any other aspect of the Contest, there are more selected entrants than contemplated in these Contest Rules, there will be a random draw amongst all eligible Prize claimants after the Contest’s closing date to award the correct number of Prizes. 6. RELEASE. Prior to being declared a Finalist, each selected potential finalist and entrant will be required to execute a legal agreement and release (“Release”) that confirms potential finalist’s and entrant’s: (i) eligibility for the Contest and compliance with these Contest Rules; (ii) potential finalist’s acceptance of the prize as offered; (iii) release of each of the Sponsors and their respective parent companies, subsidiaries, affiliates, employees, directors, officers, suppliers, agents, sponsors and administrators (collectively, the “Releasees”) from any and all liability for any loss, harm, damages, cost or expense arising out of participation in this Contest, participation in any Contest-related activity or the acceptance, use, or misuse of any prize including without limitation, 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; (iv) grant to the Sponsors of the unrestricted right, in the Sponsors’ collective or individual discretion, to publish, reproduce, convert, broadcast, communicate by telecommunication, exhibit, distribute, translate, adapt and otherwise use and re-use the Photograph and the Description and potential finalist’s name, photograph, likeness, voice and biographical material in any and all media now known or hereafter devised, in connection with the Contest and the promotion and exploitation (in any form or media) thereof. The executed Release must be returned within twenty-four hours of the date indicated on the verification as a Finalist or the selected potential finalist will be disqualified and the prize forfeited. 7. RIGHTS CLEARANCE. By providing a Photograph and Description to the Sponsors in connection with this Contest, each entrant shall retain all right, title and interest (including copyright) in and to the Photograph and the Description, and shall grant to the Sponsors, and their affiliated, related and associated entities, contractors and partners (whether affiliated or not) and each of their assigns and successors, a worldwide, gratuitous, irrevocable, and exclusive licence to copy, use, modify, reproduce, display, adapt and transmit his/her Photograph and Description for use in all media now known or hereafter devised in perpetuity beginning on the date of entry. The entrant hereby confirms that the Photograph and Description is an original work, solely created by the entrant, and that no third party participated as a photographer, co-author or otherwise in the creation of the Photograph, or any part thereof. Sponsors assume no responsibility for any claims of infringement of rights to privacy and/or personality, and all such liability shall remain with the entrant. In addition, each entrant represents to Sponsors that the Photograph and Description does not infringe any copyright interest of any third party and that the Photograph and the Description is not defamatory or obscene and does not violate any laws relating to hate speech or otherwise. Sponsors reserve the right to exclude any Photograph and/or Description on the basis of concerns relating to the rights of third parties, including but not limited to privacy, copyright, defamation, rights of personality, obscenity, hate speech, as determined by the Sponsors in its and their sole discretion. 8. INDEMNIFICATION BY ENTRANT. By entering the Contest, entrant releases and holds Releasees harmless from any and all liability for any injuries, loss or damage of any kind to the entrant, Releasees or any other person, including personal injury, death, or property damage, resulting in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of any prize, participation in this Contest, any breach of these Contest Rules, or in any prize-related activity. The entrant agrees to fully indemnify Releasees from any and all claims by third parties relating to the Contest, without limitation. 9. LIMITATION OF LIABILITY. The Sponsors assume no responsibility or liability for lost, late, misdirected or incomplete entries, notifications, responses, replies or any Release, or for any computer, online, software, telephone, hardware or technical malfunctions that may occur, including but not limited to malfunctions that may affect the transmission or non-transmission of an entry. The Sponsors are not responsible for any incorrect or inaccurate information, whether caused by website 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 administration of the Contest. The Sponsors assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. The Sponsors are not responsible for any problems, failures or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, e-mail, players, or browsers, on account of technical problems or traffic congestion on the Internet, at any website, or on account of any combination of the foregoing. The Sponsors are not responsible for any injury or damage to entrant or to any computer related to or resulting from participating or downloading materials in this Contest. Entrant 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 any prize. The Sponsors assume no responsibility or liability in the event that the Contest cannot be conducted as planned for any reason, including those reasons beyond the control of the Sponsors, such as infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or corruption of the administration, security, fairness, integrity or proper conduct of this Contest and/or the Contest Website. 10. CONDUCT. By participating in the Contest, each entrant agrees to be bound by the Contest Rules, which will be posted at the Contest Website and made available at The Vancouver Sun Promotions Department, Suite 1 200 Granville Street, Vancouver, British Columbia during regular business hours throughout the Contest Period. Entrant further agrees to be bound by the decisions of the judges and Sponsors, which shall be final and binding in all respects. The Sponsors reserve the right, in their sole discretion, to disqualify any entrant found to be: (a) violating the Contest Rules; (b) tampering or attempting to tamper with the entry process or the operation of the Contest or the Contest Website; and/or (c) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE CONTEST WEBSITE OR ANY RELATED WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSORS RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING BUT NOT LIMITED TO CRIMINAL PROSECUTION. Finalsits must not at any stage of the Contest discuss with or take advice from any or all of the judges on any matters relating to their participation in the Contest. 11. PRIVACY / USE OF PERSONAL INFORMATION. By participating in the Contest, entrant and Nominee: (a) grant to the Sponsors the right to use his/her name, mailing address, telephone number, and e-mail address (“Personal Information”) for the purpose of administering the Contest, including but not limited to contacting and announcing the Finalists and Grand Prize Winner; (b) grants to the Sponsors the right to use his/her Personal Information for publicity and promotional purposes relating to the Contest, in any and all media now known or hereafter devised, without further compensation unless prohibited by law; and (c) acknowledges that the Sponsors may disclose his/her Personal Information to third-party agents and service providers of any of the Sponsors in connection with any of the activities listed in (a) and (b) above. The Sponsors will use the entrant’s Personal Information only for identified purposes, and protect the entrant’s Personal Information in a manner that is consistent with the Canwest Global Communications Corp. Privacy Policy at: HYPERLINK "http://www.canwestglobal.com/privacy.asp" http://www.canwestglobal.com/privacy.asp. 12. INTELLECTUAL PROPERTY. All intellectual property, including but not limited to trade-marks, trade names, logos, designs, promotional materials, web pages, source code, drawings, illustrations, slogans and representations are owned by the Sponsors and/or their affiliates. All rights are reserved. Unauthorized copying or use of any copyrighted material or intellectual property without the express written consent of its owner is strictly prohibited. CANWEST MEDIA and CANWEST MEDIA INC. are trade-marks of Canwest Global Communications Corp., used under licence. 13. TERMINATION. Sponsors reserve the right, in their sole discretion, to terminate the Contest, in whole or in part, and/or modify, amend or suspend the Contest, and/or the Contest Rules in any way, at any time, for any reason without prior notice. 14. LAW. These are official Contest Rules. This Contest is subject to applicable federal, provincial and municipal laws and regulations. These Contest Rules are subject to change without notice in order to comply with any applicable federal, provincial and municipal laws or the policy of any other entity having jurisdiction over the Sponsors. All issues and questions concerning the construction, validity, interpretation and enforceability of the Contest Rules or the rights and obligations as between the entrant and the Sponsors in connection with the Contest shall be governed by and construed in accordance with the laws of the province of Ontario including procedural provisions without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction’s laws. 15. LANGUAGE DISCREPANCY. In the event of any discrepancy or inconsistency between the terms and conditions of the Contest Rules and disclosures or other statements contained in any Contest-related materials, including but not limited to the Contest entry form, or point of sale, television, print or online advertising, the terms and conditions of the Contest Rules shall prevail, govern and control. |
