GLOBAL OKANAGAN
– John Mellencamp
Prize Draw
Contest Rules and Regulations
THESE RULES ARE
THE STANDARD TERMS AND CONDITIONS APPLICABLE TO A CONTEST (THE “CONTEST“) HELD BY GLOBAL TELEVISION OKANAGAN. THE CONTEST IS
INTENDED TO BE CONDUCTED IN CANADA
ONLY AND SHALL BE CONSTRUED AND EVALUATED ACCORDING TO APPLICABLE CANADIAN LAW.
NO PURCHASE IS NECESSARY. PARTICIPANTS MUST BE OF THE AGE OF MAJORITY IN BRITISH COLUMBIA OR OLDER AT THE TIME OF ENTRY. VOID IN
WHOLE OR PART WHERE PROHIBITED BY LAW. ENTRY IN THE CONTEST CONSTITUTES
ACCEPTANCE OF THESE CONTEST RULES (THE “CONTEST RULES”).
1. ELIGIBILITY. To be eligible
for the Contest, an individual must:
(a)
be
a legal resident of the province
of British Columbia;
(b)
be
nineteen years of age or older at the time of entry;
Employees
of Global Okanagan, a division of Shaw Television Limited Partnership and (corporate name of prize suppliers), their respective affiliates, subsidiaries,
related companies, advertising and promotional agencies (collectively, the
“Sponsors”), and the household members of any of the above, are not eligible to
participate in the Contest.
The sponsors
shall have the right at any time to require proof of identity and/or
eligibility to participate in the Contests. Failure to provide such proof may
result in disqualification. All personal and other information requested by and
supplied to the sponsors for the purpose of the Contests must be truthful,
complete, accurate and in no way misleading. The sponsors reserve the right, in
its sole discretion, to disqualify any entrant should such an entrant at any
stage supply untruthful, incomplete, inaccurate or misleading personal details
and/or information.
2. CONTEST
PERIOD. Contests start
at 12:01 a.m. on May 23, 2012 and
ends at 11:59 p.m. on June 10, 2012
(the “Contest Closing Date“). All
times are in Pacific Standard Time. (orPDT)
3. HOW
TO ENTER.
(a) No purchase necessary. To enter,
complete the John Mellencamp contest
entry form at www.globalokangan.ca, fill out and
submit as instructed during the entry deadlines (“Contest Period“).
(b) Limit of one (1) entry per person. In
the case of multiple entries, only the first entry will be considered and the
remainder will be void.
(c) All entries become the sole property of the
sponsors and will not be returned for any reason. Entries must be received no
later than the end of the respective Contest Period. Entries will be declared
invalid if they are late, illegible, incomplete, damaged, irregular, mutilated,
forged, garbled or mechanically or electronically
reproduced. No communication or correspondence will be exchanged with entrants
except with those selected for a prize.
(d) Entries received online shall be deemed
to be submitted by the authorized account holder of the e-mail address
associated with the entry. For the purpose of this Contest, “authorized account holder” of an e-mail address is
defined as the natural person who is assigned to an e-mail address by an
Internet access provider, on-line service provider, or other organization
responsible for assigning e-mail addresses for the domain associated with the
submitted e-mail address. Each selected entrant may be required to provide the sponsorsl
with proof that the selected entrant is the authorized account holder of the
e-mail address associated with the winning entry.
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4. PRIZES
(a)
The Contest
prize has an approximate retail value of $200.00, and include two (2) TICKETS
TO SEE JOHN MELLENCAMP for June 14, 2012 at the South Okanagan Events Centre. Winners shall not be entitled to receive the
difference between the actual prize value and the approximate prize value.
(b)
Winners
will be contacted by Global Okanagan with instructions on how to claim their prize
on June 11, 2012.
(c)
Prizes
must be accepted as awarded and cannot be transferred, assigned,
substituted or redeemed for cash, except at the sole discretion
of the sponsors. Any unused portion of a prize will be forfeited and have no
cash value. The sponsors reserve the right, in its sole discretion, to
substitute a prize of equal or greater value if a prize (or any portion thereof) cannot be awarded for any reason.
(d)
The sponsors shall not assume any liability
for lost, damaged or misdirected prizes.
5. WINNER SELECTION.
(a)
At
9:00 a.m. following the end of the Contest Period, a random draw will be held
by a representative of Global Okanagan, where one (1) entrant will be selected as
a potential prize winner from all eligible entries received during the Contest
Period.
(b)
Odds
of being selected as a potential winner depend on the number of eligible
entries received during the Contest Period.
(c)
Before
being declared a winner, the selected
entrant shall be required to correctly answer, without assistance of any kind,
whether mechanical or otherwise, a time-limited mathematical skill-testing
question to be administered during a pre-arranged telephone call or by e-mail,
to comply with the Contest Rules and sign and return the Release (described
below).
(d)
If
the selected entrant does not respond within three (3) days of notification,
they will be disqualified and another eligible entrant may be selected in the
sponsors sole discretion until such time as an entrant satisfies the terms set
out herein and the prize is awarded.
(e)
If,
as a result of an error relating to the entry process, drawing or any other
aspect of the Contests, there are more selected entrants than contemplated in
these Contest Rules, there will be a random draw amongst all eligible prize claimants
after the Contest’s closing date to award the correct number of prizes.
6. RELEASE.
Winners will be required to execute a legal agreement and release (“Release“) that confirms winners’ (i) eligibility and compliance with
these Contest Rules; (ii) acceptance of the prize as offered; (iii) release of the
sponsors and their respective parent companies, subsidiaries, affiliates and/or
related companies and each of their employees, directors, officers, suppliers,
agents, administrators, licensees, representatives, advertising, media buying
and promotional agencies (collectively, the “Releasees“) from any and all liability for any loss, harm, damages,
cost or expense arising out of participation in the Contests, participation in
any Contest-related activity or the acceptance, use, or misuse of any prize,
including but not limited to costs, injuries, losses related to personal
injuries, death, damage to, loss or destruction of property, rights of
publicity or privacy, defamation, or portrayal in a false light, or from any
and all claims of third parties arising therefrom. The executed Release must be returned within two (2) business days of the date indicated on the
accompanying letter of notification or verification as a winner or the selected
entrant will be disqualified and the prize forfeited.
7. INDEMNIFICATION BY ENTRANT. By entering the
Contests, entrants release and hold Releasees harmless from any and all
liability for any injuries, loss or damage of any kind to the entrants or any
other person, including personal injury, death, or property damage, resulting
in whole or in part, directly or indirectly, from acceptance, possession, use
or misuse of any Prize, participation in the Contests, any breach of the
Contest Rules, or in any Prize-related activity. The entrants agree to fully
indemnify Releasees from any and all claims by third parties relating to the Contests,
without limitation.
8 LIMITATION OF LIABILITY. The sponsors
assume no responsibility or liability for lost, late, unintelligible/illegible,
falsified, damaged, misdirected or incomplete entries, notifications,
responses, replies or any Release, or for any computer, online, software,
telephone, hardware or technical malfunctions that may occur, including but not
limited to malfunctions that may affect the transmission or non-transmission of
an entry. Sponsors are not responsible for any incorrect or inaccurate
information, whether caused by website
users or by any of the equipment or programming associated with or utilized in
the Contests or by any technical or human error which may occur in the
administration of the Contests. Sponsors assume no responsibility for any
error, omission, interruption, deletion, defect, delay in operation or
transmission, communications line failure, theft or destruction or unauthorized
access to, or alteration of, entries. Global are not responsible for any
problems, failures or technical malfunction of any telephone network or lines,
computer online systems, servers, providers, computer equipment, software,
e-mail, players, or browsers, on account of technical problems or traffic
congestion on the Internet, at any website, or on account of any combination of
the foregoing or otherwise. Sponsors
are not responsible for any injury or damage to entrant or to any computer
related to or resulting from participating or downloading materials in the Contests.
Entrant assumes liability for injuries caused or claimed to be caused by
participating in the Contests, or by the acceptance, possession, use of, or
failure to receive any Prize. Sponsors assume no responsibility or liability in
the event that the Contests cannot be conducted as planned for any reason,
including those reasons beyond the control of the sponsors, such as infection
by computer virus, bugs, tampering, unauthorized intervention, fraud, technical
failures, or corruption of the administration, security, fairness, integrity or
proper conduct of the Contests and/or the Contest website.
9. CONDUCT. By
participating in the Contests, each entrant agrees to be bound by the Contest
Rules. Entrants further agrees to be bound by the decisions of the sponsors,
which shall be final and binding in all respects. Sponsors reserve the right,
in its sole discretion, to disqualify any entrant found to be: (a) violating
the Contest Rules; (b) tampering or attempting to tamper with the entry process
or the operation of the Contests the
Contest website, or any related promotional website; (c) violating the terms of
service, conditions of use and/or general rules or guidelines of any sponsor
property or service; and/or (d) acting in an unsportsmanlike or disruptive
manner, or with intent to annoy, abuse, threaten or harass any other person.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE CONTEST WEBSITE, CANADA.COM OR
ANY RELATED WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE
A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE GLOBAL
RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES TO THE FULLEST EXTENT PERMITTED
BY LAW, INCLUDING BUT NOT LIMITED TO CRIMINAL PROSECUTION. Winner and Guest must at all times behave appropriately
when taking part in the prize package and observe the Contest Rules and any
other rules or regulations in force at the studios and/or locations. The sponsors
reserve the right to remove from the location, any Winner and/or Guest who
breaks such rules and/or fails to behave appropriately and to disqualify such
Winner and/or Guest.
10. PRIVACY / USE OF PERSONAL INFORMATION. By
participating in the Contests, entrants: (i) grants to the sponsors the right
to use his/her name, mailing address, telephone number, and e-mail address (“Personal Information”) for the purpose
of administering the Contests, including but not limited to contacting and
announcing the winners; and
(iii) acknowledges that the sponsors may disclose his/her Personal Information to third-party
agents and service providers of sponsors in connection with any of the
activities listed in (i) above.
11. INTELLECTUAL PROPERTY. All
intellectual property, including but not limited to trade-marks, trade names,
logos, designs, promotional materials, web pages, source code, drawings, illustrations,
slogans and representations are owned by the sponsors and/or their affiliates.
All rights are reserved. Unauthorized copying or use of any copyrighted
material or intellectual property without the express written consent of its
owner is strictly prohibited.
12. TERMINATION. Sponsors
reserve the right, in their sole discretion, to terminate the Contests, in
whole or in part, and/or modify, amend or suspend the Contests, and/or the
Contest Rules in any way, at any time, for any reason without prior notice.
13. LAW. These are the official Contest
Rules. The Contests are subject to applicable federal, provincial and municipal
laws and regulations. The Contest Rules are subject to change without notice in
order to comply with any applicable federal, provincial and municipal laws or
the policy of any other entity having jurisdiction over the sponsors. All
issues and questions concerning the construction, validity, interpretation and
enforceability of the Contest Rules or the rights and obligations as between
the entrant and the sponsors in connection with the Contests shall be governed
by and construed in accordance with the laws of the province of British
Columbia including procedural provisions without giving effect to any choice of
law or conflict of law rules or provisions that would cause the application of
any other jurisdiction’s laws.
14. LANGUAGE
DISCREPANCY. In the event of
any discrepancy or inconsistency between the terms and conditions of the
Contest Rules and disclosures or other statements contained in any
Contest-related materials, including but not limited to the Contests entry
form, or point of sale, television, print or online advertising, the terms and
conditions of the Contest Rules shall prevail, govern and control.
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