THE 104.5 FRESH RADIO® SANDALS® INDULGENCE® CONTEST (the “Contest”)
Official Rules and Regulations (the “Contest Rules”)
- THE CONTEST PERIOD
The Contest entry period commences at 6:00 a.m. Eastern Time (“ET”) on January 23, 2017 and concludes at 7:00 p.m. ET on February 17, 2017 (the “Contest Period”).
The Contest is open to residents of the Province of Ontario, who: a) as of the start of the Contest Period, are eighteen (18) years of age or older; b) have a valid passport before and for the duration of the trip and are able to travel to the Jamaica during the Travel Period (defined below); and c) have not won a prize from previous “Search for Sandals” or “Rush to the Caribbean” contests on the Radio Station (defined below) in the past three (3) years. Employees, directors and officers of Sandals Resorts (“Sandals”), Unique Vacations Canada Inc., Air Canada Vacations, Nav Centre/Sodexo Canada, Corus Radio Company operating as CFLG-FM (the “Radio Station”), and Corus Entertainment Inc. (collectively 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.
- HOW TO ENTER
NO PURCHASE NECESSARY.
There are two (2) ways to enter:
- On-Air Entry:
Listen to the Radio Station Monday to Friday during the Contest Period for the cue-to-call to be broadcast at random times between 6:00 a.m. and 7:00 p.m. (individually a “Cue-to-Call” and collectively, the “Cues-to-Call”). Upon hearing the Cue-to-Call, listeners are invited to call (613) 938-1045 (the “Contest Line”). The tenth (10th) caller through the Contest Line will receive an invite for the qualifier and one (1) guest to the Event (defined below) where the qualifier has the chance to win one (1) of two (2) Grand Prizes, as described below, (each an “On-Air Qualifier”). There will be two (2) Cues-to-Call daily.
Registered members of the 104.5 Fresh Radio Insiders Club (the “Club”) will also receive a weekly e-mail on Mondays’ during the Contest Period, listing the hours in which the Cue-to-Call will play. To join the Club, log on to www.1045freshradio.ca (the “Website”) and complete the online registration form in full. All previously registered members of the Club are eligible to enter.
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.
If there is not a clear telephone connection between the Radio Station on-air announcer and a Contest entrant, such that one or each other cannot hear the other or the caller otherwise gets disconnected, such entrant may, in the sole and absolute discretion of the Contest Sponsors, be disqualified, and if disqualified will forfeit his/her entry and the Releasees (defined below) will not be liable in any way. Prior to completing the call or at any other time as determined by the Contest Sponsors, the eligible entrant will be required to provide a representative of the Contest Sponsors with all required contact information (including, but not necessarily limited to, his/her name, telephone number and/or email address).
- Facebook Entry:
Visit the Radio Station’s Facebook page between February 13, 2017 and February 17, 2017 at approximately 9:00 a.m. ET for the Fresh Mornings with Nate & Jentry’s photo to be posted. Then submit your comment to the Contest photo to enter (each a “Comment” and collectively, the “Comments”). Comments must meet the Content Guidelines, as described below. Failure to follow the instructions above may result in disqualification, to be determined in Contest Sponsors’ sole discretion.
On each day from February 13, 2017 to February 17, 2017 at approximately 4:00 p.m. ET at the Radio Station’s studios in Cornwall, ON, one (1) eligible entrant will be randomly selected from the pool of Comments received prior to 3:59 p.m. ET that day to receive an invite for the qualifier and one (1) guest to the Event (each a “Facebook Qualifier”). Entries will not rollover to subsequent days. The potential Facebook Qualifier will be notified and tagged by a representative of one of the Contest Sponsors in the Contest post within one (1) business day of the draw and will be required to contact the Contest Sponsors by Facebook Direct Message within the prescribed time to provide contact information (full name, email address, mailing address and phone number).
The Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook. All entrants are providing information directly to the Contest Sponsors and agree to release Facebook from any and all liability arising in connection with the Contest.
In the event of a dispute as to the identity of a winner based on a Facebook account, the winning entry will be deemed to be made by the authorized account holder of the Facebook account at the time of entry. The authorized account holder is the natural person who is assigned a Facebook account by the social media service provider.
CONTENT GUIDELINES: Comments must comply with the content guidelines (collectively, “Content Guidelines”) below.
- i) be in the English language and be no more than 63,206 characters in length in accordance with Facebook’s guidelines.
- ii) with the exception of materials in the public domain, include only materials created by the entrant suitable for presentation in a public forum. Comments must not infringe on the intellectual property rights of any other person or entity.
- iii) not include material that: (a) is sexually explicit, indecent, obscene, violent, hateful, defamatory, slanderous or libelous; (b) is derogatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (c) invades the privacy or publicity rights of any person, living or deceased; (d) is unlawful; (d) is harmful to other users of the Website by using viruses, trojan horses or other technologies that could adversely impact the Contest; and/or (e) is disparaging to the Contest Sponsors or is inconsistent with the positive images and/or goodwill to which Contest Sponsors wish to associate, all of the foregoing to be determined in Contest Sponsors’ sole and absolute discretion.
- iv) not reveal any personal information about another individual, including his or her name, address, phone number, email address or any information that may be used to track, contact or impersonate that individual.
NOTE: Only one (1) entry for the Grand Prize Game (defined below) will be given per Qualifier during the Contest Period. Multiple entries will be discarded. The Contest 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 Contest Sponsors for the purpose of the Contest must be truthful, complete, accurate and in no way misleading. The Contest 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.
Hereinafter, the “On-Air Qualifiers” and “Facebook Qualifiers” are referred to as a “Qualifier” or “Qualifiers”.
Following confirmation as a Qualifier, selected Qualifiers will be given instructions and a deadline as to how they must pick up their invitation to the Event at the Radio Station during regular business hours.
- WINNER SELECTION
A party where the potential Grand Prize winners will be selected will take place on February 25, 2017 at The Nav Centre 1950 Montreal Road, Cornwall Ontario, K6H 6L2 (the “Event”).
Qualifiers may designate a proxy to attend the Event in his or her place (each, a “Proxy”) provided the Qualifier informs the Radio Station of the Proxy’s name at least two (2) business days in advance of the Event. Qualifiers or their Proxies may be referred to individually as a “Finalist” or collectively as the “Finalists”. All Finalists must register their attendance at the Event no later than 1:00 p.m. ET on February 25, 2017. Valid photo identification will be required to register.
For greater clarity, if a Proxy is selected as a potential Grand Prize instead of the original Finalist, he/she will only be the potential winner on his/her behalf.
Upon registration at the Event, Finalists’ names will go into a box that will be used to determine the order in which each will play the Grand Prize Indulgence game (the “Grand Prize Game”) as follows. Each registered Finalist’s name will be drawn at random to select a physical pair of flip flops, where each Finalist will either be awarded one (1) Grand Prize or one (1) Secondary Prize, defined below. The Finalists who select the pair of flip flops that yields the message “Pack your sandals. Jamaica awaits!” or a similar message will be selected as the potential Grand Prize winners, as described below. Finalists who select a pair of flip flops with a message indicating they will win a Secondary Prize will be selected as a potential Secondary Prize winner.
Finalists will continue being selected until the last Finalist’s name is drawn, or all Grand Prizes have been given away, whichever occurs first.
Hereinafter, the “Prize” or “Prizes” shall generally refer to either the Grand Prize or the Secondary Prize(s), both as applicable.
The potential Prize winners found to be ineligible, who decline to accept a Prize or who are unable to be contacted (including failing to return phone calls or emails) within one (1) business day of the Event may be required to forfeit that Prize and another eligible entrant may be selected in Contest Sponsors’ sole discretion.
- THE GRAND PRIZES AND GRAND PRIZE VALUES
There are two (2) grand prizes to be won, each consisting of the following:
- return economy airfare for two (2) people (winner and one (1) guest) between Toronto, Ontario and Montego Bay, Jamaica during the Travel Period, defined below;
- seven (7) nights’ all-inclusive accommodations (based on double occupancy) at the Sandals® Whitehouse European Village & Spa in Jamaica during the Travel Period;
- government-imposed hotel taxes and tips;
- airport improvement fees, departure taxes, fees and surcharges;
- land airport-hotel transfers in Montego Bay; and
- meals including anytime snacks and unlimited beverages, nightly entertainment, water and land sports ((a)-(f) collectively a “Grand Prize”).
The approximate retail value of each Grand Prize is Five Thousand Canadian dollars (CDN$5,000).
- THE SECONDARY PRIZES AND THE SECONDARY PRIZE VALUES
There are forty three (43) secondary prizes to be won, each consists of one (1) gift card to Jet Set Pub located at 1950 Montreal Road, Cornwall Ontario, K6H 6L2 in the amount of Fifty Canadian dollars (CDN$50.00) (each a “Secondary Prize”).
Only one (1) Prize will be awarded per household.
- DEADLINE FOR CLAIMING A PRIZE
The potential Prize winners will be given instructions and a deadline as to how they must claim their Prize. Potential Prize winners who fail either to claim their Prize, or to inform the Contest Sponsors their inability to claim their Prize before the deadline, as instructed, may be required to forfeit their Prize and another eligible entrant may be selected in Contest Sponsors’ sole discretion.
- PRIZE CONDITIONS
- All incidental costs and expenses not specifically referred to herein as part of: a) the Grand Prize description, including but not limited to ground transportation not specifically mentioned in Section 5, above, travel insurance, out-of-country medical insurance, if applicable, trip cancellation insurance, connector flights, sightseeing tours, tips, excess baggage fees, costs associated with obtaining travel documents, visas, or necessary vaccinations, or items of a personal nature; and b) the Secondary Prize description, including but not limited to any cost beyond the value of the gift card (collectively, the “Expenses”) are the sole responsibility of the Prize winners (and/or guests where applicable). Grand Prize winners and their guests are solely responsible for obtaining travel insurance (and all other forms of insurance, including but not limited to, medical) and hereby acknowledge that Contest Sponsors have not and will not obtain or provide travel insurance or any other form of insurance;
- Sandals reserves the right to relocate any processed Grand Prize winner from the hotel to an alternate resort within the chain or to alternate dates, based on availability of space;
- A valid credit card will be required upon check-in at the hotel;
- The Grand Prize trips must be taken between April 1, 2017 and December 15, 2017 (the “Travel Period”), subject to availability. Blackout periods may apply. All Grand Prize elements are subject to availability and substitution, confirmation of travel dates may only be provided thirty (30) days prior to the departure date. 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 their guests must travel together on the same itinerary from the same departure airport. Elements of the Grand Prize trips (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 that Grand Prize and an alternate winner may be selected in Contest Sponsors’ sole discretion;
- Grand Prize winners and their guests must be in possession of a valid passport and other necessary travel documents prior the Grand Prize trip, which documents must be valid prior to, and for the duration of the trip. Grand Prize winners and their guest must be able to travel to Jamaica. Failure to obtain necessary travel documentation, will result in forfeiture of a Grand Prize;
- Any guest of the Grand Prize winners must also be age of majority in his or her province or territory of residence; and
- Grand Prize winners and their guest must comply with all applicable laws, including but not limited to, all local laws while in Jamaica.
- ODDS OF WINNING
Odds of receiving an invite to the Event depend on the total number of people who call the Contest Line upon hearing the Cues-to-Call and the total number of eligible Comments received during the Contest Period, as applicable. Once a Qualifier, the odds of winning a Grand Prize are two (2) in forty-five (45) and the odds of winning a Secondary Prize are forty-three (43) in forty-five (45).
- NO REPRESENTATIONS OR WARRANTIES
None of the Contest Sponsors make any representation or offer any warranty, express or implied, as to the quality or fitness of any Prize or any portion thereof awarded in connection with the Contest. Prize winners understand and acknowledge that they may not seek reimbursement or pursue any legal or equitable remedy from the Contest Sponsors should a Prize fail to be fit for its purpose or is in any way unsatisfactory to a Prize winner.
- DECLARATION AND RELEASE OF PRIZE WINNERS
Before being awarded a Prize, each potential Prize winner must:
- correctly answer, unaided, a time-limited skill-testing mathematical question, and
- sign a standard form Declaration and Release of Liability (the “Release Forms”) confirming that by entering the Contest:
- i) he or she read, understood and accepted these Contest Rules;
- ii) that he or she understands that acceptance of a 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;
- iii) 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 Prize; and
- iv) that he or she releases, discharges, indemnifies and holds harmless the Contest Sponsors, the Affiliates, Facebook Inc., 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 Prize, or in connection with participation in this Contest or a Contest-related activity, including, without limitation, any claims based on publicity rights, defamation, invasion of privacy, infringement of intellectual property or any other claim that relates to the Comments, as well as 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 Prize, whether suffered by a 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.
- in the case of the Grand Prize winner, have the potential Grand Prize winner’s guest sign a similar Release Form.
Release Forms will be emailed to potential Prize winners at the email address provide. 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 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.
- PRIZE SUBSTITUTION
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 Prize, or Prize portion, with a Prize of equal or greater value for any reason. Should a Prize winner be unable to claim their Prize or Prize portion as awarded, their rights to that 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 a 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.
- OWNERSHIP OF ENTRIES
Subject to the terms contained in Section 16 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, Comments, or any other aspect of his or her personality for any publicity and programming purposes, commercial or otherwise, in connection with this Contest, throughout the world, in all media, in perpetuity, by the Contest Sponsors, promoters and their advertising and promotional agencies, without any payment or compensation. Prize winners further agree that their 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.
- 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 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.
- 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 Prize, or while preparing for, participating in any Contest-related or Prize-related activity including without limitation any claims or liability based on publicity rights, defamation, invasion of privacy, infringement of intellectual property or any other claim that relates in any way to the Comments. 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.
- WHERE CONTEST RULES AND REGULATIONS AVAILABLE
These Contest Rules are available online at www.1045freshradio.ca and at the Radio Station studios, located at 709 Cotton Mill Street, Cornwall, Ontario.
- 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.
- 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., 2017.
FRESH RADIO and INDULGENCE are registered trademarks of Corus Radio Company. All Rights Reserved.