THE “BEST DAY OF YOUR LIFE” CONTEST (the “Contest”)
Official Rules and Regulations (the “Contest Rules”)
1. THE CONTEST PERIOD
The Contest entry period commences at 5:00 p.m. Eastern Time (“ET”) on September 7, 2015 and concludes at 12:00 a.m. ET on November 6, 2015 (the “Contest Period”).
The Contest is open to residents of the Province of Ontario, who, at the start of the Contest Period, are eighteen (18) years of age or older, have a valid passport before and for the duration of the trip and be able to travel to the destination. Employees, directors and officers of Marlin Travel – 001217465 Ontario Inc. Transat Holidays Inc., Celebrity Cruises Inc., Knock On Wood and More, The Wine Shoppe on Park, Cottage Toys, T-Zone Peterborough, Sunshrine Day Spa and Salon, Kawartha TV and Stereo, Dr. Cam Crawford D.P.C., Welsh Limousine Co., CKRU-FM (the “Radio Station”), CHEX-TV (the “Television 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 those with whom any of the foregoing are domiciled (whether related or not) are not eligible to enter the Contest.
Entrants must be registered members of the Fresh Radio Insider Club and/or the NEWSWATCHER CLUB (individually, a “Club”, collectively the “Clubs”). To join the Club(s), log on to www.freshradio.ca, www.chextv.com (individually, a “Website”, collectively the “Websites”), as applicable, and complete the online registration form in full. All previously registered members of the Clubs are eligible to enter.
Any guest of the Grand Prize winner must also be able to travel to the destination. Guests may be under the age of majority (each, a “Minor”) so long as the Grand Prize winner is the custodial parent or legal guardian of such Minor and agrees to be fully and legally responsible for his/her Minor guest for the duration of the Grand Prize trip.
3. HOW TO ENTER
NO PURCHASE NECESSARY.
There are three (3) ways to enter during the Contest Period:
ENTRY METHOD #1: CALL-IN TO WIN (THE RADIO STATION)
Listen to the Radio Station weekdays between 6:00 a.m. and 6:00 p.m. ET (except statutory holidays i.e. October 12, 2015). Every hour at the top of the hour between the previous hours 00:55 minute and 00:05 past the hour, the Radio Station will play a “Fresh Track Of The Hour” contest ID. When you hear the radio station play the FRESH Track of the Hour, song later in the hour, (the “Cue to Call”), listeners are invited to call (705) 876-1005 (the “Contest Line”). The correct caller through to the Contest Line will earn a ballot and be entered into the draw for the Grand Prize, as described below (each, a “Call In to Win Entry”).
NOTE: Only one (1) Call In to Win Entry per person per day is permitted during the Contest Period. Multiple entries will be discarded. Entries are subject to verification and will be declared invalid if they are reproduced, falsified, altered or tampered with in any way.
ENTRY METHOD #2: FRESH PHRASE THAT PAYS (THE RADIO STATION)
Once a member of the Radio Station Club, visit the Website, register your name, phone number and provide us with time windows when you can be reached by telephone. Each weekday during the Contest Period (except statutory holidays i.e. October 12, 2015) the Radio Station will randomly select six (6) eligible Club members at the phone number he/she provided. If the selected Club member answers the phone with the phrase “I love the music on Fresh Radio!” he/she will be entered into the draw for the Grand Prize, as described below (each, a “Fresh Phrase That Pays Entry”)
NOTE: Only one (1) Fresh Phrase That Pays entry per person per day is permitted during the Contest Period. Multiple entries will be discarded. Entries are subject to verification and will be declared invalid if they are reproduced, falsified, altered or tampered with in any way.
ENTRY METHOD #3: ENTER ONLINE (THE TELEVISION STATION)
Watch the Television Station for the New Chex Daily (the “Program #1”) every weekday between 5:00 p.m. and 6:00 p.m. ET., NEWSwatch @ 6 (the “Program #2”) every weekday between 6:00 p.m. and 7:00 p.m. ET, and/or NEWSwatch Late Edition (the “Program #3”) every weekday between 11:30 p.m. and 12:00 a.m. ET (except statutory holidays i.e. October 12, 2015)Pete & Catherine will announce the FRESH Artist of the Day. When you see the image of the Fresh Artist Of The Day (the “Contest Cue”) on the screen, visit the Contest page on the Television Website, click on the logo of the corresponding Program you are watching and complete the Contest entry form in full including the correct artist of the day name displayed on the screen (each, a “Television Online Entry”). Failure to complete the form may result in disqualification, to be determined in Contest Sponsors’ sole discretion.
Each weekday, one (1) eligible Television Online Entry from the current weekday’s entries for each corresponding Program will be randomly selected and awarded a ballot to be entered into the draw for the Grand Prize, as described below.
Each weekday at 12:00 p.m. ET, the previous weekday’s entries will be discarded and the current day’s pool of entries will be eligible. For avoidance of doubt, entrants must repeat this entry process in order to be eligible for subsequent Television Online Entries.
NOTE: Only one (1) Television Online Entry per person per Program per day is permitted during the Contest Period and only one (1) ballot will be awarded per person per day during the Contest Period. Multiple entries will be discarded. Entries are subject to verification and will be declared invalid if they are reproduced, falsified, altered or tampered with in any way.
NOTE: From time to time, programming may be delayed or pre-empted due to CTV programming change. Contest Sponsors assume no responsibility for entrants not making timely entries or being unable to participate in the Contest during an aforementioned Program as a result of CTV programming changes.
4. WINNER SELECTION
On November 6, 2015 at 8:10 a.m. ET, one (1) eligible entrant from the pool of Call In to Win Entries, Fresh Phrase That Pays Entries and Television Online Entries will be randomly selected as the potential winner of the Grand Prize, as described below. The potential Grand Prize winner will be contacted by a representative of one of the Contest Sponsors within five (5) business days of the draw by telephone and/or email, as provided by the entrant on his/her Contest entry form or at the time of entry. The potential Grand Prize winner found to be ineligible, declines to accept the Grand Prize or who is unable to be contacted (including failing to return phone calls or emails) within ten (10) business days of the draw may be required to forfeit the Grand Prize and another eligible entrant may be selected in Contest Sponsors’ sole discretion.
5. THE GRAND PRIZE AND GRAND PRIZE VALUE
There is one (1) Grand Prize to be won. The Grand Prize consists of the following:
• one (1) $500 gift certificate towards Pearson International Airport limousine services from Welsh Limousine Company, located at 1867 Heritage Line RR#1 Peterborough, Ontario valid until December 31, 2016. No cash value. Pickup and drop location must be within a ten kilometer (10km) radius of Peterborough, Ontario. Gratuities not included; one (1) gift certificate per booking. A Lincoln Town car will be used for two (2) guests but if additional guests are included, a stretch limousine may be booked at additional costs
• one (1) $2,500 gift certificate for Knock on Wood and More, located at 440 George Street North, Peterborough, Ontario
• one (1) $525 CDN gift certificate redeemable for one (1) 6 month regular membership and ten (10) days Ketopia Body rest program (both must be redeemed at the same time) at T-Zone Peterborough, located at 550 Lansdowne Street West, Unit 6, Peterborough, Ontario.
• one (1) $200 gift card (expiry date October 31, 2016), a Bio Ionic style hair dryer, Bio Ionic Style Iron, L’Anza Smoother Straightening Balm, L’Anza Glossifying Conditioner, L’Anzw Glossifying Shampoo from Sunshrine Day Spa & Salon, located at 21 Queen Street, Lakefield Ontario. Retail value $506 CDN
• one (1) $500 gift certificate for Cottage Toys, located at 180 Charlotte Street, Peterborough, Ontario.
o one (1) ASUS laptop computer model number G750JH-DB72-CA including 16 GB of RAM, Intel i7-4700HQ, 750 GB + 256 SSD HD from Kawartha TV and Stereo, located at 188 Park Street, Peterborough Ontario. Prize valued at $2,499 CDN
o one (1) $200 CDN gift basket and $300 CDN in gift cards from The Wine Shoppe on Park, located at 392 Brock Street, Peterborough, Ontario.
* one couples teeth Whitening Package ($600 value) from Lansdowne West Dental, located at 1524 Lansdowne Street West, Peterborough, Ontario.
o one (1) Western Caribbean Cruise with Celebrity Reflections sailing February 13, 2016 to February 20, 2016 (the “Travel Period”) from Marlin Travel, located at 550 Lansdowne Street West, Peterborough, Ontario valued at $3,998 CDN and includes:
• return airfare, based on economy class, for two (2) people between Toronto Ontario and Fort Lauderdale, Florida
• seven (7) nights’ verandah balcony cabin accommodations (based on double occupancy)
• transfers in destination to and from the port in Fort Lauderdale, Florida
• all port taxes and processing fees
The approximate retail value of the Grand Prize is $11,822 CDN.
The terms by which the gift certificates/gift cards may be redeemed are governed by the individual retailer or service provider. Neither the Radio Station nor Corus Entertainment Inc. is responsible for administering or ensuring compliance with the terms and conditions relating to the gift certificates/gift cards or any other aspects in the winners’ fulfillment of their Grand Prizes.
Please Note: The Grand Prize must be accepted as awarded and is non-convertible to cash. The Grand Prize winner may transfer some or all elements of the Grand Prize to a third party only on the condition that: (a) the Contest Sponsor(s) have provided their prior written consent in each case, which consent may be withheld in the Contest Sponsor(s) sole and absolute discretion; and (b) both the Grand Prize winner who is transferring any element(s) of the Grand Prize and any recipient(s) of such element(s) of the Grand Prize each sign any releases or agreements provided by the Contest Sponsor(s) indicating their agreement to these Contest Rules and to such transfer of the Grand Prize. Without limiting the generality of the foregoing, Grand Prize winners may not auction any elements of the Grand Prize on any online auction site.
6. DEADLINE FOR CLAIMING THE GRAND PRIZE
Following confirmation as the Grand Prize winner in accordance with the Contest Rules, the selected entrant will be given instructions and a deadline as to how he/she must claim his/her Grand Prize. The potential Grand Prize winner who fails either to claim his/her Grand Prize, or to inform the Contest Sponsors his/her inability to claim his/her Grand Prize before the deadline, as instructed, may be required to forfeit the Grand Prize and another eligible entrant may be selected in Contest Sponsors’ sole discretion.
7. 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 ground transportation not specifically mentioned in Section 5, above, airport improvement fees, travel insurance, out-of-country medical insurance, if applicable, trip cancellation insurance, connector flights, sightseeing tours, departure taxes, fees and surcharges, any baggage fees, any shore excursions, alcoholic beverages on board cruise ship, gratuities, costs associated with obtaining travel documents, visas, or necessary vaccinations, souvenirs or items of a personal nature (the “Expenses”) are the sole responsibility of the Grand Prize winner (and/or guest where applicable). The Grand Prize winner and his/her guest 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;
ii) A valid credit card will be required upon check in at any hotel or aboard the cruise ship;
iii) The Grand Prize trip must be taken during the Travel Period noted in Section 5 above. Names of passengers must be provided no later than November 13, 2015 to Mary LaRocque at Marlin Travel. All Grand Prize elements are subject to availability and substitution. All airline tickets and/or cruise ships are subject to variations, 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 winner and his/her guest must travel together on the same itinerary from the same departure airport. Elements of the Grand Prize trip (including, without limitation, airfare and lodging) may not be used towards loyalty programs. If the Grand Prize winner is unable to travel during the Travel Period, he or she may be required to forfeit the Grand Prize and an alternate winner may be selected in Contest Sponsors’ sole discretion;
iv) The Grand Prize winner and his/her travel guest must be in possession of a valid passport and other necessary travel documents upon selection, which documents must be valid prior to, and for the duration of the trip. The Grand Prize winner and his/her guest must be able to travel to the United States and cruise ship destinations. Failure to obtain necessary travel documentation, including but not limited to, any requisite Travel Consent Forms proving that the custodial parent or legal guardian has the requisite permission to travel with a Minor, will result in forfeiture of the Grand Prize;
v) If the guest of the Grand Prize winner is a Minor in his or her province of residence by the date the Grand Prize is awarded, the Grand Prize winner must be his/her custodial parent or legal guardian, who has agreed to be fully and legally responsible for his/her Minor guest for the duration of the Grand Prize trip; and
vi) The Grand Prize winner and his or her guest must comply with all applicable laws, including but not limited to, all local laws while in the United States and cruise ship destinations.
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 Grand Prize awarded in connection with the Contest. The Grand Prize winner understands and acknowledges that he/she may not seek reimbursement or pursue any legal or equitable remedy from the Contest Sponsors should the Grand Prize fail to be fit for its purpose or is in any way unsatisfactory to the Grand Prize winner.
10. DECLARATION AND RELEASE OF GRAND PRIZE WINNER
Before being awarded the Grand Prize, the selected entrant must:
(a) correctly answer, unaided, a time-limited skill-testing mathematical question, and
(b) the selected entrant and his or her guest (or guest’s custodial parent or legal guardian, if a Minor) each must 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 the 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 the 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 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 the Grand Prize, whether suffered by the 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 the potential Grand Prize winner at the email address provided in their Club membership. The Grand 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 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. The Grand Prize winner is responsible for obtaining and returning signed copies of Release Forms from his/her guest, if applicable.
11. GRAND PRIZE SUBSTITUTION
The Grand 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 Grand Prize, or prize portions, with a Grand Prize of equal or greater value for any reason. Should the Grand Prize winner be unable to claim his/her Grand Prize or prize portions as awarded, his/her rights to the Grand 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 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 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 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. The Grand Prize winner further agrees that his/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 Grand 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 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.
18. WHERE CONTEST RULES AND REGULATIONS AVAILABLE
These Contest Rules are available online at www.chextv.com, at www.freshradio.ca, the Radio Station studios, located at 151 King Street, Peterborough, Ontario and at the Television Station studios, located at 743 Monaghan Road, 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., 2015.