Official Contest Rules
Last Updated: 2021 June 7th
THESE RULES ARE THE STANDARD TERMS AND CONDITIONS APPLICABLE TO THE CONTESTS AND GIVEAWAYS (EACH A “CONTEST” AND COLLECTIVELY THE “CONTESTS) ADMINISTERED BY SHUSWAP LAKE TRAVEL HOLDINGS LTD. THE CONTESTS ARE INTENDED TO BE CONDUCTED IN CANADA ONLY AND SHALL BE CONSTRUED AND EVALUATED IN ACCORDANCE WITH THE APPLICABLE CANADIAN LAW.
NO PURCHASE IS NECESSARY TO ENTER OR WIN A PRIZE. VOID IN WHOLE OR IN PART WHERE PROHIBITED BY APPLICABLE CANADIAN LAW. WINNERS WILL BE REQUIRED TO RESPOND TO THE WINNER NOTIFICATION AND OTHER COMMUNICATIONS FROM THE SPONSORS (DEFINED BELOW) ACCORDING TO THE NOTICE(S) FROM THE SPONSORS OR THE PRIZE MAY BE FORFEITED (IN SPONSOR’S SOLE DISCRETION). THE WINNER’S INFORMATION MAY BE USED FOR PROMOTIONAL OR MARKETING PURPOSES.
BY ENTERING THIS CONTEST, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE IN FORM OF A BINDING CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING, WITHOUT LIMITATION, THIS INCLUDES INDEMNITIES TO THE SPONSORS FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES (THE “CONTEST RULES”).
Each contest Participant (“Participant”) agrees to be bound by the following contest guidelines (the “Contest Guidelines”):
CONTEST DESCRIPTION: SHUSWAP LAKE TRAVEL HOLDINGS LTD
The Contests (the Contest) are sponsored by Shuswap Lake Travel Holdings LTD and its affiliates, subsidiaries, related companies, successors and tends to the managing of related advertising and corresponds with promotional agencies and Contest prize providers (all such entities being individually and collectively referred to hereafter as the “Sponsors”). Promotional agencies and contest prize providers are in no way connected to the management of Travel Sicamous.
Current Contests:
http://traveltheshuswap.ca/recurring-contest/
CONTEST PERIOD
Each Contest entry period (each a “Contest Period”) shall be posted on “the Short Rules” and/or as indicated on sicamousvacations.ca (the “Contest Website”) after which time the Contest will be closed and no other entries shall be accepted.
ELIGIBILITY:
The Contests are open to Canadian Residents (including, Canadian Citizens, PR Card Holders, and International Students) who are eighteen (18) years of age or older at the time of entry and who hold a valid driver’s license. Employees of the Sponsors, defined above and each of their respective member companies, parent companies, subsidiaries or affiliates or a Sponsors’ wholesaler or retailer (including the wholesalers and retailers themselves), their respective advertising, promotional and fulfillment agencies (collectively the “Released Parties”), members of any such employee’s immediate family (regardless of where such family members live) and persons with whom such employees reside (whether related or not) are ineligible to enter or win. “Immediate family” is defined as (a) spouses or domestic partners and (b) natural, step, foster, in-law or adoptive parents, siblings and children, and their respective spouses and domestic partners. Participants must also have a valid email address to participate. Illegible or incomplete entries will be disqualified. With respect to any potential winning entry, the potential winner may be required to provide proof that he or she is the authorized holder of the email address associated with the entry. “Authorized holder of the email” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
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 their sole discretion, to disqualify any Participant should such a Participant at any stage supply untruthful, incomplete, inaccurate, or misleading personal details and/or information.
DISPUTES:
In an event of dispute regarding the identity of an individual who actually participated in the Contest cannot be resolved to Sponsor’s satisfaction, the affected individual’s entry shall be deemed ineligible.
The Released Parties shall not be responsible for incorrect or inaccurate entry information whether caused by the participant, Internet user 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 the entries in the Contest. The Released Parties assume no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to or alteration of entries. Entries must be received through the method described above by the applicable deadline and in strict accordance with the instructions and restrictions indicated on the website (http://traveltheshuswap.ca/contest-rules/ detailing the contest) and on each individual Contest Rules page.
Limit of one (1) entry per person per Contest Period, unless otherwise indicated in the Short Rules. In the case of multiple entries, only the first eligible entry will be considered and the remainder will be void.
All entries, including, if applicable, any story and/or photograph submitted in connection with the Contest entry (the “Work”), become the sole property of the Sponsors and will not be returned for any reason. Entries must be received prior to the indicated Contest Period entry deadline. Entries will be declared invalid if they are late, illegible, incomplete, damaged, irregular, mutilated, forged, garbled, or mechanically or electronically reproduced. There may or may not be communication or correspondence exchanged with Participants except with those selected as a potential Contest winner.
If Work has been submitted by a Participant in connection with the Contest, each Participant agrees that the Sponsors may post the Work on Sponsor owned or controlled websites, viewing galleries, and/or social media platforms. Each Participant further represents and warrants that:
- the Work does not contain any material that is libelous, defamatory, profane, or obscene;
- the Work is original and all right, title, and interest (including copyright) therein and thereto is owned and/or controlled by the Participant to the full extent necessary to enable the Sponsors to use the Work as contemplated by these Contest Rules; and
- the Work does not infringe upon the intellectual property or other statutory or common law rights of any third party.
Entries received online shall be deemed to be submitted by the authorized account holder of the e-mail address, Facebook, Instagram, or Twitter account associated with the entry, as applicable. For the purposes of these Contest Rules, “authorized account holder” of an e-mail address, Facebook, Instagram, or Twitter account is defined as the natural person who is assigned to an e-mail address, Facebook, Instagram, or Twitter account by an Internet access provider, on-line service provider, Facebook, Instagram, Twitter or other organization responsible for assigning e-mail addresses, Facebook, Instagram, or Twitter accounts for the domain or account associated with the submitted e-mail address, Facebook, Instagram, or Twitter account. Each selected Participant may be required to provide The Sponsors with proof that the selected Participant is the authorized account holder of the e-mail address, Facebook, Instagram, or Twitter account associated with the winning entry.
PRIZE CONDITIONS.
All incidental costs and expenses not specifically referred to herein as part of the prize description (the “Expenses”) are the sole responsibility of the prize winner and/or guest(s), where applicable. All prize elements are subject to availability and substitution. The winner shall not seek reimbursement for the Expenses from the Sponsors.
Each Contest prize shall have an approximate retail value between one Canadian dollar (CDN $1.00) and two thousand Canadian dollars (CDN $2,000.00) and shall be announced and described on the Program, Facebook, Instagram, Twitter and/or the Contest Website at the beginning of each Contest Period. Winners shall not be entitled to receive the difference between the actual prize value and the approximate prize value.
Winners will be contacted by the Sponsors with instructions on how to claim the prize.
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 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.
The Sponsors shall not assume any liability for lost, damaged, or misdirected prizes.
In the case of concert or event tickets, if an artist or any of his/her band members are unable to attend the applicable concert or event or a concert or event is canceled for any reason whatsoever, the prize and any prize portions shall be deemed fulfilled and such prize or prize portions will not be substituted, except in the sole discretion of the Sponsors.
In the case of gift cards or gift certificates, the terms by which the gift cards or gift certificates may be redeemed are governed by the applicable retailer or service provider. Shuswap Lake Travel Holdings LTD is not responsible for administering or ensuring compliance with the terms and conditions of the gift cards or gift certificates.
All travel and transportation costs associated with collecting the prize will be the sole responsibility of each winner. Participants waive the right to assert, as a cost of winning a prize, any and all costs of verification, and any liability and publicity which might arise from claiming or seeking to claim said prize. All prize details not specified in these Official Rules will be determined by Sponsors in their sole discretion. Each winner may be issued applicable tax forms for the actual value of his or her prize. No more than the stated prizes will be awarded. Sponsors will not replace any lost, mutilated, or stolen prize component or any prize component that is undeliverable or does not reach the winner because of an incorrect or changed address. If Sponsors determine at any time in their sole discretion that a winner or potential winner is disqualified, ineligible, or in violation of these Official Rules, Sponsors reserve the right to disqualify that person and may select an alternate winner, even if the disqualified potential winner’s name may have been shown or announced. Sponsors will not have any responsibility for any potential winner’s inability to accept a prize for any reason. If a winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and Sponsors will have no further obligation with respect to that prize or portion of the prize. Sponsors reserve the right to substitute any prize or portion thereof with another prize or portion thereof of equal or greater value for any reason, including unavailability of the stated prize. Sponsors further reserve the right to extend or delay delivery of a prize in the event of scarcity due to limited production or unavailability for any other reason.
WINNER SELECTION.
Following the end of the applicable Contest Period, The Sponsors will select one (1) Participant (or more, if applicable, based on the number of prizes available to be won) by a random draw from all eligible entries received during the Contest Period, unless otherwise indicated. Each Participant 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 for the Contest.
Before being declared a winner, the selected Participant(s) may 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 these Contest Rules and may be required to sign and return the Release (described below).
If the selected Participant does not respond within five (5) business days of notification, he/she will be disqualified and will not receive a prize and another Participant may be selected (as determined by The Sponsor in its sole discretion) until such time as a Participant satisfies the terms set out herein. The Sponsors are not responsible for the failure for any reason whatsoever of a selected Participant to receive notification or for the Sponsors to receive a selected Participant’s response.
If, as a result of an error relating to the entry process, drawing, or any other aspect of a Contest, there are more selected Participants than contemplated in these Contest Rules, there will be a random draw amongst all eligible prize claimants to award the correct number of prizes.
WINNER NOTIFICATION
The potential winner will be notified by email (or by another method at the Sponsors’ discretion) using current contact information associated with the information the Participant provided at the time of entering the Contest. The Sponsors or their designated representatives will attempt to notify the potential winner within three (3) business days of the applicable drawing. The Sponsors shall have no liability if a winner notification is lost, intercepted or not received by the potential winner for any reason. If the potential winner does not respond within five (5) business days of the first notification attempt, or if, despite reasonable efforts, the prize notification is returned as unclaimed or undeliverable to the potential winner, the potential winner will be disqualified, will forfeit his or her prize and the next alternative potential winner. If a potential winner is found to be ineligible for any reason, he or she will be disqualified and will not be eligible to receive a prize, and the next alternative potential winner will be chosen. A potential winner must complete and sign the Sponsors’ Declaration and Release Form and present any other documents required by Sponsors (e.g., current valid driver’s license or government ID) (collectively, the “Prize Claim Documents”) in the form provided and/or required by Sponsors without revision in order to be declared a winner. Additionally, before any potential winner of a prize can be declared a winner, subject to the provisions of these Official Contest Rules, he or she must first correctly answer the Sponsors’ mathematical skill-testing question without assistance of any kind, whether electronic, mechanical, or other. This skill-testing question will be contained within the Prize Claim Documents. The executed Prize Claim Documents must be received by the Sponsors or their designated representative in accordance with Sponsors’ instructions within five (5) business days of Sponsors’ sending the Prize Claim Documents to the potential winner (or other time frames as stated in the Prize Claim Documents) along with any other documentation that the Sponsors may require, or the potential winner may be disqualified at the sole discretion of the Sponsors and if this were to occur, the next alternative potential winner will be chosen. Sponsors reserve the right to modify the notification
RELEASES
Winners (and if applicable, any guest of the winner) may be required to execute a legal agreement and release (“Release”) that confirms his or her: (i) eligibility for the Contest and compliance with these Official Contest Rules; (ii) acceptance of the prize as offered; (iii) release of the Sponsors, if applicable, Facebook, Instagram and Twitter, and each of 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 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) grant to the Sponsors of the unrestricted right to produce, reproduce, convert, publish, broadcast, communicate by telecommunication, exhibit, distribute, translate, adapt, and otherwise use or re-use the submitted Work, his or her name, image, likeness, comments, voice and/or biography in any and all media now known or hereafter devised in connection with publicity related to the Contest. The executed Release(s) 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 individual(s) will be disqualified and any rights he or she may have to the prize will be forfeited.
INDEMNIFICATION BY PARTICIPANT
By entering a Contest, each Participant releases and holds the Releasees harmless from any and all liability for any injuries, loss, or damage of any kind to the Participants 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. Each Participant agrees to fully indemnify Releasees from any and all claims by third parties relating to the Contest, without limitation.
RIGHTS CLEARANCE
By providing the Work to the Sponsors in connection with the Contest (if applicable), each Participant shall retain all right, title, and interest (including copyright) in and to the Work, and shall grant to the Sponsors a worldwide, gratuitous, irrevocable, and exclusive license 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 Participant hereby confirms that the Work is an original work, solely created by the Participant and that no third party participated as an author, co-author, photographer, or otherwise in the creation of the Work or any part thereof. The Sponsors assume no responsibility for any claims of infringement of rights to copyright, privacy, and/or personality, and all such liability shall remain with the Participant. In addition, each Participant represents to Sponsors 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. Sponsors reserve 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 Sponsors in their sole discretion.
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. The 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 Contest or by any technical or human error which may occur in the administration of the Contest. The 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. The Sponsors 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. The Sponsors are not responsible for any injury or damage to any Participant or to any computer related to or resulting from participating or downloading materials related to the Contest. Participant 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 Sponsors assume 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 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 Contest and/or the Contest Website.
BINDING
By participating in a Contest, each Participant agrees to be bound by the short rules and the Contest Rules. Participants further agree to be bound by the decisions of the Sponsors, which shall be final and binding in all respects. The Sponsors reserve the right, in their sole discretion, to disqualify any Participant found to be: (a) violating the Contest Rules; (b) tampering or attempting to tamper with the entry process or the operation of the Contest, 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 the Sponsor’s 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 SPONSORS RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING BUT NOT LIMITED TO CRIMINAL PROSECUTION. If applicable, winners (and guests, if applicable) 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 any prize-related locations. The Sponsors reserve the right to remove from any prize-related locations, any winner and/or guest who breaks such rules and/or fails to behave appropriately and to disqualify such winner and/or guest.
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.
SOCIAL MEDIA
This Contest is in no way sponsored, endorsed, or administered by any social media platforms on which the Contest may have been promoted and/or publicized, including but not limited to Facebook, Instagram and/or Twitter. Any personal information provided in connection with the Contest is being provided to Shuswap Lake Travel Holdings LTD and not to Facebook and/or Twitter. Any questions or comments regarding a Contest must be directed to Shuswap Lake Travel Holdings LTD via email at info@sicamousvacations.ca and not to any of the social media platforms on which the Contest may have been advertised or administered.
GOVERNING LAW/ DISPUTES
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 and/or the Contests.
All disputes, issues, and questions concerning the construction, validity, interpretation, and enforceability of these Official Contest Rules, or the rights and obligations of Participants or Sponsors in connection with the Contest, shall be governed by the Province of Alberta and federal laws of Canada, applicable therein, and such Participants shall irrevocable submit to the exclusive jurisdiction of the courts of the City of Calgary, Alberta, in respect of claim or matter arising under or in connection with the Contest or these Official Contest Rules, without giving effect to any choice of law or conflict of law rules, or provisions that would cause the application of any other province or jurisdiction.
Except where prohibited by law, as a condition of participating in the Contest, each Participant agrees that any and all disputes that cannot be resolved between Participant and any Released Party and any claims or causes of action arising out of or connected with this Contest, any prize awarded or the determination of any winner, must be resolved individually, without resort to any form of class action. Further, in any such dispute, under no circumstances will Participant be permitted or entitled to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages, and Participant further waives all rights to have damages multiplied or increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRECEDING LIMITATION MAY NOT APPLY TO ALL PARTICIPANTS WHERE PROHIBITED BY LAW
PRIVACY / USE OF PERSONAL INFORMATION.
Personal information collected from Participants will be used by the Released Parties to administer and fulfill the Sweepstakes prizes and, if consent is given, to provide the Participants with information regarding promotions and/or events from the Sponsors and Released Parties. If a Participant elected to receive marketing communications from the Sponsors, any such Participant can opt out at any time by following the unsubscribe instructions at the bottom of any email received from Sponsors.
By participating in the Contest, each Participant:
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- grants to the Sponsors the right to use his/her personal information provided when he/she enters the Contest and the Work (if applicable) (collectively the “Personal Information”) for the purpose of administering the Contest, including but not limited to contacting and announcing the winners and coordinating the provision of the Contest prize;
- grants to the Sponsors the right to use his/her Personal Information for publicity and promotional purposes relating to the Contest in any and all media without further compensation unless prohibited by law; and
- acknowledges that the Sponsors may disclose his/her Personal Information to third-party agents and service providers of the Sponsors in connection with any of the activities listed in (i) and/or (ii) above.
Shuswap Lake Travel Holdings LTD will use each Participant’s Personal Information for identified purposes and protect each Participant’s Personal Information in a manner that is consistent with the Shuswap Lake Travel Holdings LTD Privacy Policy at: http://traveltheshuswap.ca/privacy-policy-terms-conditions/
INTELLECTUAL PROPERTY
All intellectual property, including but not limited to trademarks, 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.
TERMINATION
Shuswap Lake Travel Holdings LTD reserves the right, in their sole discretion, to terminate any Contest, in whole or in part, and/or modify, amend or suspend a Contest, and/or the Contest Rules in any way, at any time, for any reason without prior notice.