FRESH RADIO® APP
BON JOVI IN TORONTO 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 December 7, 2016 and concludes at 11:59 p.m. on January 2, 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, reside within the City of Peterborough and the surrounding areas, which for greater certainty is within a ten (10) kilometers radius of the City of Peterborough (the “Qualifying Area”); (b) are eighteen (18) years of age or older; and (c) are registered members of the Fresh Radio Insider Club (the “Club”). To join the Club, log on to www.freshradio.ca (the “Website”) and complete the online registration form in full. All previously registered members of the Club are eligible to enter. Employees, directors and officers of Welsh Limousine Co., Live Nation Canada Inc., Ricky’s All Day Grill, 591989 B.C. Ltd. operating as 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, or those with whom any of the foregoing are domiciled (whether related or not) are not eligible to enter the Contest.
This Contest is in no way sponsored, endorsed or administered by, or associated with Apple Inc. All entrants are providing information directly to the Contest Sponsors and agree to release Apple Inc. from any and all liability arising in connection with the Contest.
3. HOW TO ENTER
NO PURCHASE NECESSARY.
Once a Club member, download the free Radio Station App, sign in your Club account, and click on the Contest entry button to be automatically entered in to the Contest.
NOTE: Only one (1) entry per Club member is permitted 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.
Standard data service charges may apply when entering using the Radio Station App; check carrier plan for standard data usage charges. Entrants are solely responsible for any fees or data charges related to entry using the Radio Station App.
All entries become the physical property of the Contest Sponsors and will not be returned.
4. WINNER SELECTION
On January 3, 2017, at approximately 8:10 a.m. ET at the Radio Station’s studios, one (1) eligible entrant will be randomly selected from all entries received as the potential winner of the Prize, as described below. The potential Prize winner will be contacted by a representative of one of the Contest Sponsors within three (3) business days of the draw by telephone and/or email, as provided by the entrant in his/her Contest entry form. The potential Prize winner found to be ineligible, who declines to accept the Prize or who is unable to be contacted (including failing to return phone calls or emails) within three (3) business days of the first contact may be required to forfeit the Prize and another eligible entrant may be selected in Contest Sponsors’ sole discretion.
5. THE PRIZE AND PRIZE VALUE
There is one (1) prize to be won, consisting of:
a) Two (2) tickets to see Bon Jovi in concert at the Air Canada Centre, located at 40 Bay Street, Toronto, Ontario at 7:30 p.m. ET (the “Venue”) on April 10, 2017;
b) Return transportation between the Prize winner’s residence (the “Pick Up Location”) and the Venue from Welsh Limousine transportation (Note: valid only if the Pick Up Location is within the Qualifying Area). Type of vehicle used for transportation is at Contest Sponsors’ sole discretion and subject to vehicle availability; and
c) One (1) gift card to use at Ricky’s All Day Grill, located at 898 Monaghan Road, Peterborough, Ontario in the amount of Two Hundred Canadian dollars (CDN$200) (a)-c) collectively, the “Prize”).
The approximate retail value of the Prize is Eight Hundred Canadian dollars (CDN$875).
The terms by which the gift card/tickets may be redeemed are governed by the individual retailer or service provider. Neither the Radio Station nor Corus Entertainment Inc. are responsible for administering or ensuring compliance with the terms and conditions relating to the gift card/tickets.
6. DEADLINE FOR CLAIMING THE PRIZE
The Prize winner will be given instructions and a deadline as to how he/she must claim the Prize. The Prize winner who fails either to claim the Prize or to inform the Contest Sponsors his/her inability to claim the Prize before the deadline, as instructed, may be required to forfeit the Prize and another eligible entrant may be selected in Contest Sponsors’ sole discretion.
7. PRIZE CONDITIONS
a) All incidental costs and expenses not specifically referred to herein as part of the Prize description, including but not limited to additional meals, snacks and beverages, fuel and additional transportation costs not specifically mentioned in Section 5, parking, gratuities, souvenirs or items of a personal nature (the “Expenses”) are the sole responsibility of the Prize winner and his/her guest. All Prize elements are subject to availability and substitution. The Prize winner (and/or guest where applicable) shall not seek reimbursement for the Expenses from the Contest Sponsors.
b) In the event Bon Jovi is unable to attend the concert or the concert is cancelled for any reason whatsoever, the Prize and those Prize portions shall be deemed fulfilled and such Prize portions will not be substituted, except in the sole discretion of the Contest Sponsors.
c) Guest of the 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.
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 make any representation or offer any warranty, express or implied, as to the quality or fitness of the Prize or any portion thereof awarded in connection with the Contest. The Prize winner understands and acknowledges that he or she may not seek reimbursement or pursue any legal or equitable remedy from the Contest Sponsors should the Prize fail to be fit for its purpose or is in any way unsatisfactory to the Prize winner.
10. DECLARATION AND RELEASE OF PRIZE WINNER
Before being awarded the Prize, the potential Prize winner 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:
i) he or she read, understood and accepted these Contest Rules;
ii) that he or she understands that acceptance of the 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 the Prize; and
iv) 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 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 the Prize, whether suffered by the 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.
c) have the potential Prize winner’s guest sign a similar Release Form (or, in the case of a minor, have the minor’s parent or legal guardian sign the Release Form on behalf of the minor).
Release Forms will be emailed to the potential Prize winner at the email address provided in his/her Club membership. The Prize 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 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. The Prize winner is responsible for obtaining and returning signed copies of Release Forms from his/her guest.
11. PRIZE SUBSTITUTION
The Prize 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 the Prize, or Prize portions, with a Prize of equal or greater value for any reason. Should the Prize winner be unable to claim his/her Prize or Prize portions as awarded, his/her rights to the Prize or Prize portions 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 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, in connection with this Contest, throughout the world, in all media, in perpetuity, by the Contest Sponsors, promoters and their advertising and promotional agencies in connection with promotion of the Contest, without any payment or compensation. The Prize winner further agrees 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 Prize. 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 Prize, or while preparing for, participating in any Contest-related or 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 are available online at www.freshradio.ca and at the Radio Station studios, located at 151 King Street, Peterborough, Ontario during regular business hours.
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., 2016.
FRESH RADIO is a registered trademark of Corus Radio Company. All Rights Reserved.