THE 100.5 KRUZ FM “SEARCH FOR SANDALS®” /CHEX TELEVISION “SANDALS® RESORTS WEATHER FORECAST”CONTEST (the “Contest”)
Official Rules and Regulations (the “Contest Rules”)
1. THE CONTEST PERIOD
There are two (2) separate Contest Periods:
The “Search For Sandals®” Contest entry period commences at 6:00 a.m. Eastern Time (“ET”) on January 17, 2014 and concludes at 11:59: p.m. ET on February 13, 2014 (the “First Contest Period”).
The ”Sandals® Resorts Weather Forecast” Contest entry period commences at 12:00 a.m. ET on January 27, 2014 and concludes at 11:59 a.m. ET on February 8, 2014 (the “Second Contest Period”).
The First Contest Period and the Second Contest Period are individually and collectively referred to as the “Contest Period” except where otherwise indicated.
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 Sandals Resorts (“Sandals”), Ontario #85556 3367 RT0001 o/a Parkway Banquet Hall Inc., Ontario #4494704 o/a Marlin Travel Inc., Nexicom, Paget Denture Clinic, Riley’s Olde Towne Pub, Sunshrine Day Spa & Salon, Peterborough Bath Renovators, Delta Bingo & Gaming Centre, Showplace Performance Centre, CKRU-FM (the “Radio Station”), 591987 B.C. Ltd. d.b.a. CHEX-TV (the “TV 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.
Any guest of the Grand Prize winners must also be eighteen (18) years of age or older in his or her province or territory of residence and be able to travel to Bahamas with a valid passport.
Listeners may also find information about the Contest through their Facebook accounts at https://www.facebook.com/KruzFM and https://www.facebook.com/CHEXTV or Twitter accounts at https://twitter.com/KruzFM and https://twitter.com/chextv. The Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook or Twitter. All entrants are providing information directly to the Contest Sponsors and agree to release Facebook and Twitter from any and all liability arising in connection with the Contest.
3. HOW TO ENTER
NO PURCHASE NECESSARY.
a. To be eligible during the First Contest Period, listeners must be registered members of the KRUZ KLUB (the “Club”). To join the Club, log on to www.kruzfm.ca (the “Website”) and complete the online registration form in full. All previously registered members of the Club are eligible to enter.
Club members may enter the Contest for a chance to win a Grand Prize once every day during the First Contest Period in one (1) of the following ways:
i. Online: enter online a maximum of once per day (a “day” is defined as the twenty-four hour period beginning from the time of entry), by locating the “Search for Sandals” web graphic on the Website and clicking on it to obtain the entry form and filling it out in full (note: incomplete entries may result in disqualification, to be determined in Contest Sponsors’ sole discretion).
Club Members who enter through the above online method are hereinafter referred to as a “GROUP 1 Entrant”.
Beginning January 21, 2014 through to February 14, 2014, at 7:40 a.m. and at 8:40 a.m. ET, Tuesday through Friday, one (1) eligible GROUP 1 Entrant will be randomly selected during The Morning Show with Pete and Catherine and announced on-air.
GROUP 1 Entrants whose names are called will have ten (10) minutes from the time of hearing their name to call (705) 749-2430 (the “Contest Line”) to claim one (1) pair of tickets to the Grand Prize party (subject to these Contest Rules) scheduled to take place on February 22, 2014 at Parkway Banquet Hall, 1135 Lansdowne Street, Peterborough by the Contest Sponsors (the “Grand Prize Party”) and be entered for a chance to win a Grand Prize, as described below (the “GROUP 1 Qualifiers”).
ii. In person: enter in person by submitting a maximum of one (1) entry form at a Radio Station remote broadcast at the Contest Sponsor locations, on each of the following dates at the times specified below (the “On Location Ballots”):
• January 17, 2014 – Riley’s Olde Towne Pub, 251 George Street North, Peterborough, between 4:00 p.m. and 8:00 p.m. ET;
• January 18, 2014 – Delta Bingo & Gaming Centre, 1019 Clonsilla Avenue, Peterborough between 1:00 p.m. and 5:00 p.m. ET;
• January 24, 2014 – Marlin Travel, 550 Lansdowne Street East, Peterborough between 11:00 a.m. and 3:00 p.m. ET;
• January 25, 2014 – Nexicom, 5 King Street East, Millbrook ON, between 12:00 p.m. and 4:00 p.m. ET;
• January 31, 2014 – Paget Denture Clinic, 308 Rubidge Street,Peterborough between 11:00 a.m. and 3:00 p.m. ET;
• February 1, 2014 – Showplace Performance Centre, 290 George Street North, Peterborough between 12:00 p.m. and 4:00 p.m. ET;
• February 7, 2014 – Peterborough Bath Renovators, 637 The Queensway #8, Peterborough between 12:00 p.m. and 4:00 p.m. ET; or
• February 8, 2014 – Sunshrine Day Spa & Salon, 21 Queen Street, Lakefield ON between 10:00 a.m. and 2:00 p.m. ET.
Eligible On Location Ballot entrants who enter through the above in person method are hereinafter referred to as a “GROUP 2 Entrant”.
Beginning January 17, 2014 through to February 10, 2014, after each specific Radio remote location, on each of January 20, January 27, February 3 and February 10, 2014, one (1) eligible GROUP 2 Entrant will be randomly selected from the pool of entries received at each Contest Sponsor location during The Morning Show with Pete and Catherine and announced on-air.
GROUP 2 Entrants whose names are called will have ten (10) minutes from the time of hearing their name to call the Contest Line to claim one (1) pair of tickets to the Grand Prize Party (subject to these Contest Rules) and be entered for a chance to win a Grand Prize, as described below (the “GROUP 2 Qualifiers”).
Failure of GROUP 1 AND GROUP 2 Entrants to call within ten (10) minutes and five (5) seconds of hearing his or her name called will result in disqualification and another eligible entrant may be selected in Contest Sponsors’ sole discretion.
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 station as a result of the delays in the Internet stream.
iii. Video Blog Entries
Club members can also enter the Contest for a chance to win the Video Blog Prize, as described below, by doing the following:
Each day between January 27, 2014 and January 31, 2014 at 9:00 a.m. ET, Pete & Catherine will upload a new video blog to the Website, each of which will contain a “Luxury of the Day”. Club members may enter for a chance to win the Video Blog Prize, between January 31, 2014 at 9:00 a.m. ET and February 2, 2014 by 11:59 p.m. ET, by visiting the Website and submitting all five (5) Luxuries of the Day, along with a completed Contest entry form (each person who enters through this method is a “Video Blog Entrant”). On January 31, 2014 at 9:00 a.m. ET, a link will also be posted to all five (5) “Luxuries Of The Day” video blogs.
b. To be eligible during the Second Contest Period, viewers must be registered members of the NEWSWATCHER CLUB (the “TV Club”). To join the TV Club, log on to www.chextv.com and complete the online registration form in full. All previously registered members of the TV Club are eligible to enter.
Each weeknight during the 6:00 p.m. ET Newswatch Weather segment, Mike Judson will give the temperature in Nassau, Bahamas. TV Club members will be invited to enter the Contest by visiting www.chextv.com and completing a Contest entry form including the correct daily temperature (each a “GROUP 3 Entrant”). Each weeknight starting on January 28 and continuing through the end of the Second Contest Period, one (1) eligible GROUP 3 Entrant will be randomly selected from pool of correct entries and announce as the winner of one (1) pair of tickets to the Grand Prize Party (subject to these Contest Rules) for a chance to win a Grand Prize, as described below (each a “GROUP 3 Qualifier”). The final GROUP 3 Qualifier name will be announced on Monday, February 10, 2014.
4. WINNER SELECTION
a. Video Blog Prize
On February 3, 2014, the name of one (1) Video Blog Entrant who correctly submitted all five (5) Luxuries of the Day will be randomly selected. His or her name will then be announced during “The KRUZ FM Morning Show with Pete and Catherine” at 9:05 a.m. ET. No call back is required. The Video Blog Entrant whose name is drawn will, subject to these Contest Rules, receive a package of prizes, as described below (the “Video Blog Prize”). The winner of the Video Blog Prize will be contacted by telephone and/or email by 5:00 p.m. ET on February 5, 2014 at the telephone number and/or email address provided in their Club member registration form.
The Video Blog Prize winner can still qualify to win a Grand Prize by entering the Contest again, as set out herein.
b. The Grand Prize Party and awarding of the Grand Prize
GROUP 1, GROUP 2, and GROUP 3 Qualifiers (collectively the “Qualifiers”) must register their attendance at the Grand Prize Party no later than 1:45 p.m. ET on February 22, 2014. Qualifiers may designate a proxy to attend the Grand Prize Party in his or her place (each, a “Proxy”) provided the Qualifier informs the Radio Station/TV Station of the Proxy’s name at least two (2) business days in advance of the Grand Prize Party (Qualifiers or their Proxies may be referred to hereinafter as a “Finalist”). Proxies will be required to register for the Grand Prize Party and to otherwise comply with all other rules as if he or she was a Qualifier. Suitable photo identification of Finalists may be required at registration, to be determined in Contest Sponsors’ sole discretion.
After registration at the Grand Prize Party, Finalists will begin randomly drawing a number from a box to determine the order that they will play the “FLIP THAT SANDAL” game (the “Grand Prize Game”). Beginning at approximately 2:00 p.m. ET, registered Finalists will be called up by the number they drew during registration to play the Grand Prize Game as instructed, in order for a chance to win one (1) of two (2) Grand Prizes, as described below.
Registered Finalists will continue being selected until the last Finalist’s number is drawn, or all prizes have been given away. Each Finalist selected to play the Grand Prize Game will either be awarded one (1) Grand Prize or a consolation prize.
5. THE PRIZES AND PRIZE VALUES
a. The Grand Prizes
There are two (2) Grand Prizes to be won, each of which includes all of the following:
• return economy airfare for two (2) people between the major airport closest to the Grand Prize winners’ city of residence and Nassau, Bahamas.
• seven (7) nights’ standard all inclusive accommodations (based on double occupancy, run of the house room) at the Sandals® Royal Bahamian Spa Resort and Offshore Island in Nassau.
• all hotel taxes and
• land airport-hotel transfers in Nassau
• meals including snacks and beverages, nightly entertainment, water and land sports
• government-imposed hotel taxes and tips
Each Grand Prize has an approximate retail value of $5,000 CDN.
Only one (1) Grand Prize will be awarded per household.
b. The Video Blog Prize
The Video Blog Prize includes all of the following:
• One (1) $100 Marlin Travel gift certificate
• One (1) $100 Riley’s Olde Towne Pub gift certificate
• One (1) $100 gift basket from Peterborough Bath Renovators
• One (1) $100 Elmhirst Resort gift certificate
• One (1) $100 Sunshrine Day Spa & Salon gift certificate
• One (1) $100 Delta Bingo & Gaming gift certificate
• One (1) $100 Teeth Whitening Service gift certificate from Paget Denture Clinic
• One (1) $100 Showplace Performance Centre gift certificate
The Video Blog Prize has an approximate retail value of $800 CDN
The terms by which the gift certificates may be redeemed are governed by the individual retailer or service provider. None of the Radio Station, the TV Station or Corus Entertainment Inc. is responsible for administering or ensuring compliance with the terms and conditions relating to the gift certificates.
Hereinafter, the Video Blog Prize, and the Grand Prizes are referred to individually as a “Prize” or collectively referred to as “Prizes”, unless otherwise specified.
6. DEADLINE FOR CLAIMING A PRIZE
Following confirmation as a Prize winner in accordance with the Contest Rules, selected entrants will be given instructions to pick up their Grand Prize Party tickets at either the Radio Station or TV Station during regular business hours and a deadline as to how they must claim the Prize. Potential Prize winners who fail either to claim their Prize or to inform the Contest Sponsors his/her inability to claim a 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.
7. 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 (a), above, airport improvement fees, travel insurance, out-of-country medical insurance, if applicable, trip cancellation insurance, connector flights, sightseeing tours, tips, departure taxes, processing fee of US$25.00 per couple per night will apply to each Grand Prize trip (i.e. seven (7) night trip = US$175.00) and surcharges, excess baggage fees, costs associated with obtaining travel documents, visas, or necessary vaccinations, or items of a personal nature; and all incidental costs and expenses not specifically referred to herein as part of the Video Blog Prize description in Section 5 (b), including but not limited to any excess cost beyond the value of the gift certificates (the “Expenses”) are the sole responsibility of the Prize winners (and/or guests where applicable). The 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;
ii) 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;
iii) A valid credit card will be required upon check in at the hotel for the Grand Prize trips;
iv) The Grand Prize trips must be taken between April 1, 2014 and December 15, 2014 (the “Travel Period”). 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 his/her 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;
v) Grand Prize winners and his/her travel guests 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. Grand Prize winners and each of their guests must be able to travel to Bahamas. Failure to obtain necessary travel documentation, will result in forfeiture of their Grand Prize; 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 Bahamas.
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 any Prize 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.
10. DECLARATION AND RELEASE OF THE PRIZE WINNERS
Before being awarded a Prize, each selected entrant must:
(a) correctly answer, unaided, a time-limited skill-testing mathematical question, and
(b) the selected entrant and his or her guest, where applicable, 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 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;
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
that he or she releases, discharges, indemnifies and holds harmless Facebook, Inc., Twitter, Inc., 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 a 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 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.
Release Forms will be emailed to potential winners at the email address provided on their Contest entry forms. 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, if applicable.
11. 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 his/her Prize or prize portion as awarded, his/her 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.
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 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.
15. CONSENT TO COLLECTION AND USE OF PERSONAL INFORMATION
By entering the Contest and voluntarily providing personal information including, but not limited to, name, address, city, email address, home and office telephone numbers (the “Registrant Information”), each Contest entrant grants permission to the Contest Sponsors to collect and use of the Registrant Information for the exclusive purpose of administering the Contest and selecting the Prize winners. No correspondence will take place between the Contest Sponsors and the entrants except in connection with the Contest and, in the case of the Prize winners, as a result of entering the Contest and winning the Prizes.
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 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 any 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
The Contest Rules are available online at the Website, at www.chextv.com and at the Radio Station studios, located at 151 King Street, Peterborough, Ontario K9J-2R8, and at the TV Station studios, located at 743 Monaghan Road, Peterborough, Ontario K9J-5K2.
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., 2014.