PICK YOUR PRESENT CONTEST (the “Contest”)
Official Rules and Regulations (the “Contest Rules”)
1. THE CONTEST PERIOD
The Contest entry period commences at 8:40 a.m. Eastern Time (“ET”) on November 28, 2016 and concludes at 12:00 p.m. ET on December 16, 2016 (the “Contest Period”).
The Contest is open to residents of the Province of Ontario who are, as of the start of the Contest Period, eighteen (18) years of age or older. Employees, directors and officers of Charm Diamond Centres, 591989 B.C. Ltd. operating as CIMJ-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.
3. HOW TO ENTER
NO PURCHASE NECESSARY.
Listen to the Radio Station Monday to Friday at approximately 8:40 a.m. ET during the Contest Period for the cue to call (the “Cue”). Upon hearing the Cue, listeners are invited to call 519-836-1061 (the “Contest Line”). The first (1st) caller through to the Contest Line will, subject to these Contest Rules, qualify to select a stocking revealing a Qualifying Prize (defined below) and be entered into the draw for the Grand Prize, as described below, at the Event (defined below) (each a “Qualifier”). There will be fifteen (15) Qualifiers during the Contest Period.
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 disqualifed 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).
NOTE: Only one (1) entry to the Grand Prize draw per Qualifier 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.
4. GRAND PRIZE WINNER SELECTION
All Qualifiers will be invited to the Grand Prize draw event scheduled to take place on December 17, 2016 at 12:00 p.m. ET at the Stone Road Mall Charm Diamond Centres location, 435 Stone Road, West, Unit 21A, Guelph (the “Event”).
All Qualifiers must be in attendance to qualify to win the Grand Prize or select someone to attend in their place (a “Proxy”). To be entitled to use a Proxy, Qualifiers must contact the Radio Station Promotions Department in person prior to December 17, 2017 ET to register a designate. All Qualifiers or Proxies must register at the Event by 12:00 p.m. ET. Valid photo identification will be required to register. Qualifiers or their Proxies may be referred to individually as a “Finalist”, collectively as the “Finalists”.
At registration, Finalists will be asked to draw a random number that will determine the order in which each Finalist will have the opportunity to select a gift box. Each Finalist will be called up by the number he/she drew to select a gift box. The Finalist who selects gift box with the Grand Prize inside will be selected as the potential Grand Prize winner. For greater clarity, if a Proxy selects the gift box with the Grand Prize inside, he/she will not be selected as the potential winner instead of the original Finalist. He/she will only be the potential winner on his/her behalf.
Hereinafter, the Grand Prize and the Qualifying Prizes are collectively referred to as a “Prize” or “Prizes”.
The potential Prize winners found to be ineligible, who decline to accept a Prize or who is unable to be contacted (including failing to return phone calls or emails) within one (1) business day of the Event or Contest occasion may be required to forfeit that Prize and another eligible entrant may be selected in Contest Sponsors’ sole discretion.
5. THE PRIZES AND PRIZE VALUES
a) There is one (1) grand prize to be won, consisting of one (1) gift card in the amount of One Thousand Canadian dollars (CDN$1,000.00) redeemable at any Charm Diamond Centres location in Ontario (the “Grand Prize”).
b) There are fifteen (15) Qualifying Prizes to be won, broken out as follows:
i) Four (4) gift cards in the amount of One Hundred Canadian dollar (CDN$100) redeemable at any Charm Diamond Centres location in Ontario;
ii) Five (5) gift cards in the amount of Fifty Canadian dollar (CDN$50) redeemable at any Charm Diamond Centres location in Ontario; and
iii) Six (6) gift cards in the amount of Twenty-Five Canadian dollar (CDN$25) redeemable at any Charm Diamond Centres location in Ontario.
The value of the Qualifying Prize awarded will be determined by Radio Station in its sole discretion. The number of Qualifying Prizes available to be won will diminish as they are awarded.
The terms by which the gift cards may be redeemed are governed by Charm Diamond Centres. Neither the Radio Station nor Corus Entertainment Inc. are responsible for administering or ensuring compliance with the terms and conditions relating to the gift cards.
6. DEADLINE FOR CLAIMING A PRIZE
The potential Prize winners will be given instructions and a deadline as to how they must claim a Prize. The potential Prize winners who fail either to claim a Prize or to inform the Contest Sponsors of their inability to claim a Prize before the deadline, as instructed, may be required to forfeit that Prize and another eligible entrant may be selected in Contest Sponsors’ sole discretion.
7. PRIZE CONDITIONS
All incidental costs and expenses not specifically referred to herein as part of the Prize descriptions, including but not limited to taxes, any excess costs beyond the value of the gift card, or items of a personal nature (the “Expenses”) are the sole responsibility of the Prize winners. All Prize elements are subject to availability and substitution. The Prize winners shall not seek reimbursement for the Expenses from the Contest Sponsors.
8. ODDS OF WINNING
Odds of winning a Qualifying Prize and being entered into the Grand Prize draw depend on the total number of people who call the Contest Line upon hearing the Cue during the Contest Period. Once a Finalist, the odds of winning the Grand Prize are one (1) in fifteen (15).
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 a Prize or any portion thereof awarded in connection with the Contest. The 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 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 a Prize (whether Qualifying Prize and/or Grand Prize, as applicable) 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, 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 the potential Prize winners at the email address provided. The 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.
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 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 any 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, 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
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.
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
These Contest Rules are available online at www.magic106.com and at the Radio Station studios, located at 75 Speedvale Avenue East, Guelph, ON.
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.