100.5 KRUZ FM CELEBRATIONS CONTEST (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 April 7, 2014 and concludes at 11:59 p.m. ET on September 12, 2014 (the “Contest Period”).
The Contest is open to residents of Ontario, who are eighteen (18) years of age or older. Employees, directors and officers of Mark’s Finer Diner, CKRU-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 family members of any of the foregoing or those with whom they are domiciled are not eligible to enter the Contest.
To be eligible, listeners must be registered members of the 100.5 KRUZ FM KRUZ KLUB (the “Club”). To join the Club, log on to http://www.kruzfm.ca/club/ (the “Website”) and complete the online registration form in full. All previously registered members of the Club are eligible to enter.
3. HOW TO ENTER
NO PURCHASE NECESSARY.
Once a Club member, visit the Website, click on the Contest page and fill out the form in full, including the special occasion being celebrated (e.g., birthday, anniversary, graduation, etc.) and a message, maximum one hundred (100) words to the special person(s) (each a “Celebration Greeting”).
For privacy reasons, please only include either, the first name of the person, first and last name of the person or first name and initial of the person whose name will be read on-air.
Failure to complete the form may result in disqualification to be determined in Contest Sponsors sole discretion.
NOTE: Only one (1) entry per person per day is permitted during the Contest Period. Multiple entries will be discarded.
All Celebration Greetings made in connection with the Contest must:
(i) be legibly written in the English language;
(ii) be a maximum of 100 words;
(iii) be entirely original to the entrant and must not include any content owned or controlled by third parties;
(iv) not contain material which is (or promoting activities which are) sexually explicit, obscene, pornographic, violent, discriminatory (e.g., based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal, offensive, threatening, profane or harassing; or material that contains any derogatory, defamatory or libelous references to any third party; and
(v) must not reveal any personal information about another individual, including another person’s address, phone number, email address, credit card number or any information that may be used to track, contact or impersonate that individual.
Entries are subject to verification at Contest Sponsor’s sole discretion and will be declared invalid if they are reproduced, falsified, altered or tampered with in any way.
4. CONTENT RIGHTS
By entering the Contest, each entrant grants to the Contest Sponsors (i) the non-exclusive right and license to broadcast, display, reproduce, modify, edit or otherwise use the Celebration Greeting provided by each entrant, in whole or in part on the Website and/or for advertising or promoting the Contest or for any other reason; (ii) permission to use his or her first name, address, voice, statements about the Contest and/or photograph or other likeness without further compensation, in any publicity or advertisement carried out by the Contest Sponsors in any manner whatsoever, including print, broadcast or the Internet; and (iii) to release and hold harmless the Contest Sponsor and its advertising and promotion agencies, and each of their respective agents, employees, directors, successors, and assigns, against any and all claims, injury or damage arising out of or in relating to participation in the Contest, and further against any claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related cause of action.
5. WINNER SELECTION
Each weekday (except statutory holidays) during the Contest Period at 7:55 a.m. ET Celebration Greetings will be randomly selected from the on-line entries and, and subject to fulfillment of these Contest Rules, read on-air during the “Pete & Catherine Morning Show.” The entrant of the winning Celebration Greeting will then be entered into the draw for the weekly Grand Prize, as described below (each a “Qualifier”).
Each Monday during the Contest Period, one (1) Qualifier will be randomly selected as the potential winner of the weekly Grand Prize, as described below. The potential Grand Prize winners will be contacted by a representative of one of the Contest Sponsors within approximately two (2) days of the draw by telephone and/or email, as provided by entrants in their Contest entry forms. Potential Grand Prize winners found to be ineligible, decline to accept his or her Grand Prize or who are unable to be contacted (including failing to return phone calls or emails) within thirty (30) days of the draw may be required to forfeit their Grand Prize, and another eligible entrant may be selected, all of which shall be determined in Contest Sponsors’ sole discretion.
6. THE GRAND PRIZES AND GRAND PRIZE VALUES
There are ten (10) weekly Grand Prizes to be won.
Each Grand Prize consists of one (1) twenty dollar ($20) gift certificate (“Gift Certificate”) redeemable at Mark’s Finer Diner, located at 109 George Street North Peterborough, Ontario (valid until December 31, 2014).
The approximate retail value of each Grand Prize is $20 CDN.
The terms by which the Gift Certificate may be redeemed are governed by the individual retailer or service provider. Neither Corus Entertainment nor the Radio Station is responsible for administering or ensuring compliance with the terms and conditions relating to the Gift Certificate.
Only one (1) Grand Prize will be awarded per household per week.
7. 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 of 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.
8. 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 transportation to and from the venue, meals, beverages, gratuities and/or other items of a personal nature (the “Expenses”) are the sole responsibility of the Grand Prize winners (and guest(s) where applicable). All Grand Prize elements are subject to availability and substitution. The Grand Prize winners shall not seek reimbursement for the Expenses from the Contest Sponsors.
(ii) Guest(s) of the Grand Prize winner who are under the age of majority in their province or territory of residence must obtain the consent of their custodial parent (or if custody is shared, the consent of each custodial parent) or legal guardian to attend.
9. ODDS OF WINNING
Odds of winning depend on the total number of eligible entries received during the Contest Period.
10. 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.
11. DECLARATION AND RELEASE OF THE 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) 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, 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 winner. Failure to return a signed Release Form, including any required for guest(s) of the Grand Prize winner, as instructed by the Contest Sponsors will result in disqualification.
12. 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) 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 that Grand Prize or prize portion will be forfeited.
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.
14. OWNERSHIP OF ENTRIES
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 their audio reactions may be used for on-air promotional purposes. Entrants understand and acknowledge that the Radio Station may contact them on-air without prior knowledge as a result of their participation in the Contest.
16. 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 or winning a prize 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 unfair playing practices (including the use of automated quick entry programs) 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.
18. 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.
19. WHERE CONTEST RULES AND REGULATIONS AVAILABLE
The Contest Rules are available online at the Website and at the Radio Station studios, located at 151 King Street, Peterborough Ontario
20. 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.
21. 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., 2014.