THE MORNING SHOW BIG HOLIDAY CONTEST CONTEST RULES
THE MORNING SHOW BIG HOLIDAY CONTEST (THE “CONTEST”) IS INTENDED TO BE CONDUCTED IN THE PROVINCE OF ONTARIO 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 THE PROVINCE OF ONTARIO OR OLDER AT THE TIME OF ENTRY. VOID IN WHOLE OR PART WHERE PROHIBITED BY LAW. ENTRY IN THIS CONTEST CONSTITUTES ACCEPTANCE OF THESE CONTEST RULES (THE “CONTEST RULES”).
1. ELIGIBILITY. To be eligible for this Contest, an individual must:
(a) be a legal resident of and the age of majority in the province of Ontario;
(b) be legally able to travel internationally and have any and all necessary documentation as may be required for presentation to Canadian and/or International customs and airport personnel;
(c) if selected as a Contest finalist, be able to attend a live taping of The Morning Show (the “Program”) taking place at the Program studio (the “Studio”) located at 121 Bloor St. East in Toronto, Ontario between 6:00 a.m. and 9:00 a.m. EST on one of the following dates, (as determined by the Sponsor in its sole discretion): Wednesday, December 18, 2013, Thursday, December 19, 2013, or Friday, December 20, 2013 between the hours of 6:00 a.m. and 9:00 a.m. EST (each a “Live Taping”). The Live Tapings may be broadcast on-air; and
(d) if selected as a Grand Prize Winner (as defined in section 4. (a) below), entrant must also be available to attend and participate in a Live Taping on Friday, December 20, 2013 at the Studio.
Employees of Shaw Television Limited Partnership (“Sponsor”), Gansevoort Hotel, WestJet Airlines Ltd., Gansevoort Hotel Groups, Mosaic Sales Solutions, Tourism Vancouver and the Bahamas Tourist Office (collectively, the “Prize Providers“) and each of their respective affiliates, subsidiaries, related companies, advertising and promotional agencies and the household members of any of the above, are not eligible to participate in the Contest.
The Sponsor 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 Sponsor for the purpose of the Contest must be truthful, complete, accurate and in no way misleading. The Sponsor reserves 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.
2. CONTEST PERIOD. The Contest entry period begins at 6:00 a.m. Eastern Standard Time (“EST”) on Friday, December 13, 2013 and ends at 9:30 a.m. EST on Tuesday, December 17, 2013 (the “Contest Entry Period“) after which time the Contest will be closed and no further entries shall be accepted.
3. HOW TO ENTER.
(a) There is no purchase necessary to enter the Contest. To enter, complete and submit the entry form located at www.themorningshow.ca (the “Contest Website”). No entries will be accepted by any other means.
(b) Limit of one (1) entry per person, per day during the Contest Period Entry. In the case of multiple entries, only the first eligible entry will be considered.
(c) All entries become the sole property of the Sponsor and none will be returned for any reason. Entries must be received no later than the end of the 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 Finalist Prize or Grand 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 the Contest Rules, “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 Sponsor with proof that the selected entrant is the authorized account holder of the e-mail address associated with the winning entry.
4. PRIZES.
Grand Prizes.
(a) There are three (3) grand prizes (the “Grand Prizes”) available to be won by the Grand Prize winners (each a “Grand Prize Winner”) each consisting of a trip for two (2) for each Grand Prize Winner and his/her guest (“Guest”) to one of the following destinations: Vancouver, BC, New York, NY or Grand Bahama Island. Trip details are as follows:
- A. Vancouver, BC
(i) The trip to Vancouver, BC shall include:
(I) round-trip economy airfare for the Grand Prize Winner and Guest leaving together on the same itinerary from Toronto Pearson International airport to Vancouver, British Columbia;
(II) two (2) nights hotel accommodation to be selected by Sponsor in its sole discretion for the Grand Prize Winner and Guest based on double occupancy;
(III) scenic helicopter tour of Vancouver with Helijet for Grand Prize Winner and Guest;
(IV) two (2) tickets to Capilano Suspension Bridge; and
(V) two (2) tickets to Grouse Mountain.
(ii) This Grand Prize has an approximate retail value of two thousand nine hundred Canadian dollars (CDN $2,900.00).
(iii) Grand Prize Winner and Guest must be able to travel and participate in the Grand Prize no later than December 31, 2014. Flights must be booked three (3) months prior to travel.
- B. Grand Bahama Island:
(i) The trip to Grand Bahama Island shall include:
(I) round-trip economy airfare for the Grand Prize Winner and his/her Guest leaving together on the same itinerary from Toronto Pearson International airport to Freeport, Grand Bahama Island; and
(II) four (4) nights all-inclusive hotel accommodations at the Wyndham Viva Fortuna Beach Resort for Grand Prize Winner and Guest based on double occupancy.
(ii) This Grand Prize has an approximate retail value of three thousand Canadian dollars (CDN $3,000).
(iii) Blackout dates may apply and include but are not limited to: Dec. 16, 2013 – Jan. 10, 2014, Apr. 14 – 21, 2014, Jul. 1 – 5, 2014 and Nov. 24 – 30, 2014.
(iv) Grand Prize Winner and Guest must be available to travel and participate in this Grand Prize by November 23, 2014.
- C. New York, NY:
(i) The trip to New York City, NY shall include:
(I) round-trip economy airfare for the Grand Prize Winner and his/her Guest leaving together on the same itinerary from Toronto Pearson International airport to New York City, NY; and
(II) two (2) nights hotel accommodation at the Gansevoort Park Avenue for the Grand Prize Winner and Guest based on double occupancy which includes breakfast.
(ii) This Grand Prize has an approximate retail value of one thousand four hundred dollars (CDN $1,400).
(iii) Travel must be booked and completed by March 31, 2014. Hotel and flight reservations are subject to availability. The following blackout dates may apply:
| New Years | January 1 – 6 |
| January 29 – February 3 | |
| Family Day | February 13 – 18 |
| Easter | April 17 – 22 |
| Victoria Day | May 15 – 20 |
| Canada Day | June 26 – July 2 |
| August Long | July 31 – August 5 |
| Labor Day | August 28 – September 2 |
| Thanksgiving | October 9 – 14 |
| Remembrance Day | November 7 – 12 |
| Christmas | December 17 – January 6 |
(b) Grand Prize Winners and Guests must be available to travel and participate on the dates and times indicated above as applicable. Should a Grand Prize Winner and/or their Guest be unable to travel and participate on the dates designated by the Sponsor, the Prize will be forfeited and may be awarded to an alternate winner.
(c) Grand Prize Winners and Guests will be responsible for transportation to and from originating airport, transportation to and from destination airport and hotel, travel and medical insurance, travel documentation, airport improvement fees, bag check fees, taxes, gratuities, telephone calls, in-room charges and any other expense not explicitly included in the Prize. Grand Prize Winners may be required to present a valid major credit card upon check-in to cover any expenses over and above the standard room charge.
(e) With the exception of the Guest chosen for the Vancouver, BC Grand Prize, Guests must be of the age of majority in their province or territory of residence and must comply with the Contest Rules and sign and return the Release (described below).
Finalist Prizes.
(f) There are three (3) finalist prizes (the “Finalist Prizes”, each, a “Finalist Prize”) available to be won by the Finalist Prize winners (the “Finalist Prize Winners”) consisting of a gift certificate to Elmwood Spa in the amount of two hundred and fifty dollars (CDN $250.00).
General.
(g) Grand Prizes and Secondary Prizes are hereafter collectively referred to as “Prize” or “Prizes”. Grand Prize Winners and Secondary Prize Winners are hereafter collectively referred to as a “Winner” or “Winners”.
(h) Winners are not entitled to monetary difference between actual Prize value and stated approximate Prize value, if any.
(i) Sponsor and/or the Prize Providers will contact each Winner to coordinate the Prize details once each Winner has been successfully contacted and notified of his/her Prize and fulfilled the requirements set out herein.
(j) Prizes must be accepted as awarded and cannot be transferred, assigned, substituted or redeemed for cash, except at the sole discretion of the Sponsor. Any unused portion of a Prize will be forfeited and have no cash value. The Sponsor reserves 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.
(k) The Sponsor shall not assume any liability for lost, damaged or misdirected Prizes.
5. WINNER SELECTION.
Six (6) Finalists shall be selected as follows:
(a) On Tuesday, December 17, 2013 at 10:00 a.m. EST in Toronto, Ontario, six (6) entrants will be selected as potential Finalists by a random draw from all eligible entries received during the Contest Period. Each entrant shall be eligible to win only one (1) Prize. The odds of being selected as a potential Finalist are dependent upon the number of eligible entries received by the Sponsor. Before being declared a Finalist, 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 Finalist Release (described below).
(b) EACH ENTRANT SELECTED AS A POTENTIAL FINALIST WILL BE NOTIFIED BY TELEPHONE OR E-MAIL NO LATER THAN TUESDAY, DECEMBER 17, 2013 AT 12:00 P.M. EST AND MUST RESPOND BY 5:00 P.M. EST ON TUESDAY, DECEMBER 17, 2013. Upon notification, the selected entrant must respond by telephone to the contact number provided in the notification, and the selected entrant’s response must be received by the Sponsor no later than 5:00 p.m. EST on Tuesday, December 17, 2013. If the selected entrant does not respond in accordance with the Contest Rules, he/she will be disqualified and another entrant may be selected in the Sponsor’s sole discretion until such time as an entrant satisfies the terms set out herein. The Sponsor is not responsible for the failure for any reason whatsoever of a selected entrant to receive notification or for the Sponsor to receive a selected entrant’s response.
(c) If, as a result of an error relating to the entry process, drawing or any other aspect of the Contest, there are more selected entrants than contemplated in these Contest Rules, there will be a random draw amongst all eligible Finalists after the Contest’s closing date to award the correct number of Finalist spots.
Three (3) Grand Prize Winners will be selected from among the six (6) Finalists as follows:
(d) On each of the following dates, in Toronto, ON, two (2) Finalists (as determined by the sponsors in their sole discretion) will appear during a Live Taping of the Program and compete in holiday themed challenges to determine the Grand Prize Winners: Wednesday, December 18, 2013, Thursday, December 19, 2013 and Friday, December 20, 2013. The holiday themed challenges may include, as an example, a tree decorating challenge. Before being declared a Grand Prize Winner, the selected entrant shall be required to comply with the Contest Rules and sign and return the Grand Prize Winner Release (described below).
(e) Selected Grand Prize Winners must be available to appear during a Live Taping of the Program on Friday, December 20, 2013, during which the selected Grand Prize Winners will select their Grand Prize destination by random draw. All selections are final and none can be exchanged for any reason.
6. RELEASE. Finalists, Grand Prize Winners and Guests will be required to execute a legal agreement and release (“Release”) that confirms Winners’ and Guests’: (i) eligibility for the Contest and compliance with these Contest Rules; (ii) acceptance of the Prize as offered; (iii) release of each of the Sponsor and its respective parent companies, subsidiaries, affiliates and/or related companies and each of their employees, directors, officers, suppliers, agents, sponsors, 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 Contest, 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; (iv) grant to the Sponsor of the unrestricted right, in the Sponsor’s collective or individual discretion, to produce, reproduce, publish, broadcast, communicate by telecommunication, exhibit, distribute, adapt and otherwise use or re-use the Winner’s and Guest’s name, photograph, likeness, voice and biography, in any and all media now known or hereafter devised, in connection with the Contest and the promotion and exploitation thereof. Finalists will need to return their executed Release via e-mail or in person before they can participate in the Live Taping they have been selected for or the selected entrant will be disqualified and the Finalist Prize forfeited. Grand Prize Winners’ executed Release must be provided on the date they have been selected as a Grand Prize Winner or no later than Friday, December 20, 2013 before the Live Taping of the Grand Prize destination draw or the selected Grand Prize Winner will be disqualified and the Prize forfeited.
7. INDEMNIFICATION BY ENTRANT. By entering the Contest, entrant releases and holds Releasees harmless from any and all liability for any injuries, loss or damage of any kind to the entrant 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 Contest, any breach of the Contest Rules, or in any Prize-related activity. The entrant agrees to fully indemnify Releasees from any and all claims by third parties relating to the Contest, without limitation.
8. LIMITATION OF LIABILITY. The Sponsor assumes 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. The Sponsor is 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 Contest or by any technical or human error which may occur in the administration of the Contest. The Sponsor assumes 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. The Sponsor is 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. The Sponsor is not responsible for any injury or damage to entrant or to any computer related to or resulting from participating or downloading materials in this Contest. Entrant assumes liability for injuries caused or claimed to be caused by participating in the Contest, or by the acceptance, possession, use of, or failure to receive any Prize. The Sponsor assumes no responsibility or liability in the event that the Contest cannot be conducted as planned for any reason, including those reasons beyond the control of the Sponsor, 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 this Contest and/or the Contest Website.
9. CONDUCT. By participating in the Contest, each entrant agrees to be bound by the Contest Rules, which will be posted at the Contest Website and made available throughout the Contest Period. Entrant further agrees to be bound by the decisions of the Sponsor, which shall be final and binding in all respects. The Sponsor reserves 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 Contest and/or the Contest Website; (c) violating the terms of service, conditions of use and/or general rules or guidelines of any Shaw Media Inc. 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 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 SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING BUT NOT LIMITED TO CRIMINAL PROSECUTION. Finalists must at all times behave appropriately when taking part in the Live Tapings and observe the Contest Rules and any other rules or regulations in force at the Studio. Grand Prize Winners and Guests must at all times behave appropriately when taking part in a Grand Prize and must observe the Contest Rules and any other rules or regulations in force at the hotel and/or any other Grand Prize-related location. The Sponsor reserves the right to remove from the Studio, hotel and/or any other Prize-related 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.
(a) By participating in the Contest, entrant: (i) grants to the Sponsor, and, if applicable, the Prize Providers, the right to use his/her name, mailing address, telephone number and e-mail address (“Personal Information”) for the purpose of administering the Contest, including but not limited to contacting and announcing the Winners; (ii) grants to the Sponsor the right to use his/her Personal Information for publicity and promotional purposes relating to the Contest, in any and all media now known or hereafter devised, without further compensation unless prohibited by law; and (iii) acknowledges that the Sponsor may disclose his/her Personal Information to third-party agents and service providers of the Sponsor in connection with any of the activities listed in (i) and (ii) above.
(b) Shaw will use the entrant’s Personal Information only for identified purposes, and protect the entrant’s Personal Information in a manner that is consistent with Shaw’s Privacy Policy at: www.shawmedia.ca/privacy.asp.
12. 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 Sponsor and/or its 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. SHAW MEDIA is a trade-mark of Shaw Cablesystems G.P., used under licence.
13. TERMINATION. The Sponsor reserves the right, in its sole discretion, to terminate the Contest, in whole or in part, and/or modify, amend or suspend the Contest, and/or the Contest Rules in any way, at any time, for any reason without prior notice.
14. LAW. These are the official Contest Rules. The Contest is 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 Sponsor. 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 Sponsor in connection with the Contest shall be governed by and construed in accordance with the laws of the province of Ontario 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.
15. 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 Contest entry form, or point of sale, television, print or online advertising, the terms and conditions of the Contest Rules shall prevail, govern and control.