Valentine’s Day Rules and Regulations
THE SHANGRI-LA HOTEL VALENTINE’S DAY 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 the sole owner of all right, title and interest (including copyright) in and to the Work (as defined below) submitted in connection with the Contest; and
(c) have a valid credit card at time of Contest entry.
Employees of Shaw Television Limited Partnership (“Shaw”) and the Shangri-La Hotel Toronto (the “Prize Provider“), 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.
Shaw 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 Shaw for the purpose of the Contest must be truthful, complete, accurate and in no way misleading. Shaw reserves 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. The Contest begins at 8:00 a.m. Eastern Standard Time (“EST”) on Wednesday, February 5, 2014 and ends at 9:30 a.m. EST on Wednesday, February 12, 2014 (the “Contest 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 between 8:00 a.m. EST on Wednesday, February 5, 2014 and 8:00 a.m. on Friday, February 7, 2014 send an e-mail to info@morningshow.ca telling us why your loved one deserves this Prize and be sure to include your name and telephone number (the “Work”).
(b) To enter after 8:00 a.m. EST on Friday, February, 7, 2014, complete and submit the Contest entry form at www.morningshow.ca (the “Contest Website”) along with the Work. No entries will be accepted by any other means.
(c) By participating in this Contest, each entrant represents and warrants that: (i) the Work does not contain any material that is libelous, defamatory, profane or obscene; (ii) the Work is original and all right, title, and interest (including copyright) therein and thereto is owned and/or controlled by the entrant to the full extent necessary to enable Shaw to use the Work as contemplated by these Contest Rules; and (iii) the Work does not infringe upon the intellectual property or other statutory or common law rights of any third party.
(d) Limit of one (1) entry per e-mail address during the Contest Period. In the case of multiple entries, only the first eligible entry will be considered.
(e) All entries, including the Work, become the sole property of Shaw 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 Prize.
(f) 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 Shaw with proof that the selected entrant is the authorized account holder of the e-mail address associated with the winning entry.
4. PRIZE.
(a) There is one (1) prize (the “Prize”) available to be won by the Prize winner (the “Winner”) consisting of a one (1) night stay in Toronto, ON which includes:
(i) one (1) night hotel accommodation at the Shangri-La Hotel, Toronto (the “Hotel”) in the Shangri-la Suite on Valentine’s Day (Friday, February 14th, 2014) for the Winner and his/her guest (the “Guest”) based on double occupancy;
(ii) dinner for the Winner and Guest at ‘Bosk’ at 8:00 p.m. EST to experience the Valentine’s Day Tasting Menu, wine pairings included; and
(iii) breakfast on Saturday, February 15, 2014 before 12:00 p.m. EST (noon) from the Hotel’s in-room dining menu.
(b) The Prize has an approximate value of twelve thousand Canadian dollars (CDN $12,000).
(c) Winner is not entitled to monetary difference between actual Prize value and stated approximate Prize value, if any.
(d) Shaw and/or Prize Provider will contact Winner to coordinate provision of the Prize once the Winner has been successfully contacted and notified of his/her Prize and fulfilled the requirements set out herein.
(a) Winner and Guest must be available to participate in the Prize on Friday, February 14, 2014. Should the Winner and/or Guest be unable to participate on the date designated by Shaw, the Prize will be forfeited and awarded to an alternate winner. Winner and Guest will be responsible for transportation to and from the Hotel, taxes, gratuities, telephone calls, in-room charges and any other expense not explicitly included in the Prize, travel and medical insurance, and, if applicable, travel documentation, airport improvement fee and bag check fees. Hotel check-out time is 12:00 p.m. EST (noon) on Saturday, February 15, 2014. Winner will be required to present a valid major credit card upon check-in to cover any expenses over and above the standard room charge.
(e) Guest must be of the age of majority and must comply with the Contest Rules and sign and return the Release (described below).
(f) Prize must be accepted as awarded and cannot be transferred, assigned, substituted or redeemed for cash, except at the sole discretion of Shaw. Any unused portion of a Prize will be forfeited and have no cash value. Shaw reserves the right, in its and their sole discretion, to substitute a prize of equal or greater value if a Prize (or any portion thereof) cannot be awarded for any reason.
(g) Shaw shall not assume any liability for a lost, damaged or misdirected Prize.
5. WINNER SELECTION.
One (1) Winner shall be selected as follows:
(a) On or about Wednesday, February 12, 2014 in Toronto, Ontario, one (1) entrant will be selected 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 winner are dependent upon the number of eligible entries received by Shaw. no preference will be given to entrants based on method of entry (whether via email or via the contest website).
(b) 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).
(c) THE SELECTED ENTRANT WILL BE NOTIFIED BY TELEPHONE or E-MAIL NO LATER THAN WEDNESDAY, FEBRUARY 12, 2014 AT 11:00 A.M. EST AND MUST RESPOND WITHIN ONE (1) BUSINESS DAY OF NOTIFICATION. 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 Shaw within one (1) business day of such notification. If the selected entrant does not respond in accordance with the Contest Rules, he/she will be disqualified and will not receive a Prize and another entrant may be selected in the Shaw’s sole discretion until such time as an entrant satisfies the terms set out herein. Shaw is not responsible for the failure for any reason whatsoever of a selected entrant to receive notification or for Shaw to receive a selected entrant’s response.
(d) 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 Prize claimants after the Contest’s closing date to award the correct number of Prizes.
6. RELEASE. Winner and Guest will be required to execute a legal agreement and release (“Release”) that confirms Winner’s and Guest’s: (i) eligibility for the Contest and compliance with these Contest Rules; (ii) acceptance of the Prize as offered; (iii) release of Shaw, the Prize Provider and each of their 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; and (iv) grants to Shaw the unrestricted right, in Shaw’s sole discretion, to produce, reproduce, publish, reproduce, convert, broadcast, communicate by telecommunication, exhibit, distribute, translate, adapt and otherwise use and re-use the Work and 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. The executed Release must be returned within one (1) business day of the date indicated on the accompanying letter of notification or the verification as a Winner or the selected entrant 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. RIGHTS CLEARANCE. By providing the Work to Shaw in connection with the Contest, each entrant shall retain all right, title and interest (including copyright) in and to the Work, and shall grant to Shaw a worldwide, gratuitous, irrevocable, and exclusive licence to copy, use, modify, reproduce, display, adapt and transmit the Work for use in all media now known or hereafter devised in perpetuity beginning on the date of entry, including, but not limited to, in connection with the administration, promotion and exploitation of the Contest. The entrant hereby confirms that the Work is an original work, solely created by the entrant, and that no third party participated as an author, co-author, photographer or otherwise in the creation of the Work or any part thereof. Shaw assumes no responsibility for any claims of infringement of rights to copyright, privacy and/or personality, and all such liability shall remain with the entrant. In addition, each entrant represents to Shaw that the Work does not infringe any copyright interest of any third party and that the Work is not defamatory or obscene and does not violate any laws relating to hate speech or otherwise. Shaw reserves the right to exclude any Work on the basis of concerns relating to the rights of third parties, including but not limited to privacy, copyright, defamation, rights of personality, obscenity or hate speech, as determined by Shaw in its sole discretion.
9. LIMITATION OF LIABILITY. Shaw 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. Shaw 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. Shaw 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. Shaw 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. Shaw 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. Shaw 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 Shaw, 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.
10. 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 Shaw, which shall be final and binding in all respects. Shaw 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, SHAW RESERVES 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 and observe the Contest Rules and any other rules or regulations in force at the Hotel. Shaw and/or the Prize Provider reserve the right to remove from the Hotel, any Winner and/or Guest who breaks such rules and/or fails to behave appropriately and to disqualify such Winner and/or Guest.
11. PRIVACY / USE OF PERSONAL INFORMATION.
(a) By entering and participating in the Contest, entrant: (I) grants to Shaw the right to use his/her name, mailing address, telephone number, e-mail address and submitted Work (“Personal Information”) for the purpose of administering the Contest, including but not limited to contacting and announcing the Winner; (ii) grants to Shaw the right to use his/her Personal Information for publicity and promotional purposes relating to the Contest, including but not limited to announcing the Work on The Morning Show, in any and all media now known or hereafter devised, without further compensation unless prohibited by law; and (iii) acknowledges that Shaw may disclose his/her Personal Information to third-party agents and service providers of any of Shaw 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 Media’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 Shaw 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. Shaw reserves the right, in their 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 Shaw. 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 Shaw 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.
16. SOCIAL MEDIA: This Contest is in no way sponsored or endorsed by any social media platforms on which the Contest may have been promoted and/or publicized.