These Official Rules govern the Contest. By participating or attempting to participate in the Contest, you will be deemed to have received, understood, and agreed to these Official Rules.
WHO ARE THE SPONSORS?
The Contest is brought to you by the following entities (collectively or individually, the “Contest Sponsors”): Breakfast Television™, owned by Rogers Broadcasting Limited (“Rogers”), and Werther’s Original®, distributed in Canada by Storck Canada Inc. (“Storck”). The Walt Disney Company (Canada) Ltd. is a prize supplier (“Prize Supplier”) and not a Contest Sponsor.
Although the Contest may be communicated, promoted, or administered by means of a third party social media or social networking service or site (a “Third Party Service”), the Contest is not sponsored, endorsed or administered by, or associated with, any Third Party Service; any questions, comments or complaints regarding the Contest should be directed to Rogers and not to any Third Party Service.
WHO MAY ENTER THE CONTEST?
- The Contest is open to all legal residents of Canada who are over the age of majority in their province or territory of residence as of the date of entry.
- The Contest Sponsors shall have the right at any time to require proof of identity and/or eligibility to enter the Contest in the form acceptable to the Contest Sponsors, in their sole discretion. Failure to provide such proof may result in disqualification. All personal and other information requested and supplied 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 at any stage for supplying untruthful, incomplete, inaccurate or misleading personal details and/or information.
The following individuals are not eligible to enter the Contest:
- employees, officers, directors, agents or representatives of: (i) the Contest Sponsors, or any of their respective parents, subsidiaries or affiliates; (ii) the Prize Supplier; and (iii) any other entity associated with the development, production, implementation, administration or fulfillment of the Contest;
- a household member of any of the individuals listed in (a), above, whether or not related; and
- members of the immediate family (spouse, parent, child, sibling) of the individuals listed in (a), above.
WHEN DOES THE CONTEST START/END?
The Contest starts on September 16th, 2019 at 12:01 AM Eastern Time (“ET”) and closes on October 27th, 2019 at 11:59 PM ET (the “Entry Period”).
HOW DO I ENTER THE CONTEST?
No purchase is necessary to enter the Contest.
To enter the Contest, go to www.breakfasttelevision.ca/werthers during the Entry Period and click on the Contest banners, buttons or links to access the online entry form (the “Form”). Complete the Form as instructed and submit.
HOW MANY TIMES MAY I ENTER THE CONTEST?
Each entrant may submit one (1) entry per person, per email address during the Entry Period. By way of illustration, if two (2) or more otherwise eligible individuals share a single email address, only one (1) of them may enter the Contest; and, if an eligible individual has multiple email addresses, he or she may only enter the Contest once.
COULD MY ENTRY BE REFUSED OR REJECTED?
Your entry could be refused or rejected, in the Contest Sponsors’ sole discretion if:
- you attempt to enter the Contest in a fashion not authorized by these Official Rules, including attempting to obtain more than the permitted maximum number of entries;
- your entry contains false or misleading information, or is late, lost, stolen, misdirected, delayed, falsified, illegible, damaged, incomplete or otherwise irregular;
- your entry is submitted using robotic, automated, programmed, or other illicit means; or
- your entry is not otherwise in compliance with these Official Rules.
In addition, the Contest Sponsors reserve the right to refuse any entry for any other reason as they may determine, in their sole discretion.
WHAT ARE THE CONDITIONS OF ENTRY?
By entering the Contest:
- you agree to be bound by these Official Rules and by the decisions of the Contest Sponsors, which decisions are final, binding and conclusive;
- you represent and warrant that (i) your entry, including any material comprising your entry (e.g., name, user name, profile picture, etc., as applicable) and any material submitted with your entry (e.g. photograph, video, written submission, or other form of submission, as applicable) (all such material, collectively, the “Entry Material”) is original to you, (ii) you have all necessary rights in and to your Entry Material to enter the Contest, including the consent of any third parties whose personal information or likeness is included in your Entry Material, and (iii) your Entry Material does not contain, depict, include or involve content that is, or could reasonably be considered to be, unlawful, threatening, abusive, defamatory, libelous, inappropriate, unsuitable or offensive, as determined by the Contest Sponsors in their sole discretion;
- you understand and agree that your entry, including your Entry Material, will not be returned to you and may be moderated or edited by Rogers as it deems appropriate;
- you grant to the Contest Sponsors the irrevocable right to use your Entry Material in any media worldwide and for any purpose related to the Contest (or any similar contest), including the right to use, reproduce, modify, adapt, translate, or create derivative works from, your Entry Material without notification, compensation or additional consideration to you;
- you waive all claims of moral rights in any use of your Entry Material by Rogers pursuant to the rights granted in these Official Rules;
- you agree that the Sponsors shall have the right at any time to require proof of identity or eligibility to enter the Contest; failure to provide any such proof upon request may result in disqualification by the Contest Sponsors and anyone authorized by the Contest Sponsors;
- you release and forever discharge the Contest Sponsors, Prize Supplier, their respective parents, affiliates, and subsidiaries, any other companies associated with the Contest, and all of their respective directors, officers, employees, agents, representatives, licensees, successors and assigns , as well as any Third Party Services, (collectively, the “Releasees”), and agree to indemnify and hold harmless each of the Releasees, from and against any and all claims, damages or liability, including any costs or losses related to personal injury, death, damage to or loss or destruction of property, arising out of, or in any way related to, (i) your participation in the Contest, (ii) the awarding, receipt, possession, use or misuse of any prize, in whole or in part, or any travel or activity related to any prize, (iii) the use of any Entry Material or Publicity Material (as defined below) in accordance with the rights granted in these Official Rules, or (iv) your breach of these Official Rules.
WHAT ARE THE CONTEST PRIZES?
There is one (1) prize available to be won in this Contest (the “Prize”), consisting of one (1) 5-night/6-day vacation package for four (4) persons (the “Travellers”) to the Walt Disney World Resort near Orlando, Florida. The vacation package is intended for the Travellers (the winner and up to three (3) guests of the winner’s choosing). The vacation package consists of:
- Four (4) round trip coach airfares between the international airport within Canada closest to the winner’s residence and the Orlando International Airport;
- Motorcoach transportation to and from Orlando International Airport to a hotel at the Walt Disney World Resort;
- One (1) standard room (maximum of four (4) persons) at a hotel at the Walt Disney World Resort for five (5) consecutive nights;
- Up to four (4) 6-Day Walt Disney World Theme Park Tickets with Park Hopper Plus option; and
- One (1) Disney Gift Card in the amount of Six Hundred US Dollars ($600.00 US), subject to its terms.
Total approximate retail value of the vacation prize is approximately CAD $10,000.00. Actual retail value may vary based on departure city, flight schedule, hotel selection and the rate of exchange.)
ARE THERE ANY PRIZE CONDITIONS?
The following terms and conditions apply to the Prize awarded in this Contest:
- All Prize details shall be determined by the Contest Sponsors and/or Prize Supplier in their absolute discretion. Some restrictions may apply. Travel must take place not earlier than January 1, 2020 and be completed not later than July 1, 2020 and is subject to availability at the time of booking.
- The following items are not included as part of the winning package: hotel room service, laundry service, spa treatments, nursery charges, alcoholic beverages, merchandise, souvenirs, transportation between winner’s residence and the departure airport, applicable airport departure fees and taxes, airport parking fees, airport improvement fees or similar charges, airport baggage fees, local and long distance telephone calls, incidental expenses, tips and gratuities, travel and medical insurance and all other charges not otherwise described above.
- Each Traveller must have reached the age of majority in his or her province or territory of residence, unless accompanied by a parent or legal guardian.
- The Prize Supplier may require a valid major credit card to be presented by a Traveller for deposit or damage protection purposes.
- If the winner elects to travel with a fewer number of guests than the number of guests provided in the Prize description above, no additional, including financial, or other compensation will be awarded under any circumstances.
- Any unused portion of the Prize will be deemed forfeited. No component of the Prize will be replaced if lost, destroyed, mutilated or stolen.
- Tickets are subject to terms and conditions as specified by issuers. Blackout dates may apply (as advised by the Contest Sponsors). Documentation that is reasonably necessary for the Contest Sponsors or Prize Supplier to fulfill any component of the Prize must be supplied upon request, failing which the Prize may be deemed forfeited, as determined by the Contest Sponsors in their sole discretion.
- The Travellers are responsible for: (i) ensuring they have all necessary travel documents prior to travel; (ii) any and all applicable taxes and (iii) travel insurance, meals and any additional expenses that are not specifically included in the Prize description above.
- The Releasees are not responsible for: any cancellations, alterations, delays, diversions or other changes to the vacation itinerary; any costs or expenses incurred as a result of any changes to the vacation itinerary; or any damages, loss or liability in the event any Traveller is denied the ability to travel, whether due to airport restrictions or otherwise or entry into the U.S. for any reason. The Contest Sponsors and Prize Supplier are only responsible for the Prize elements listed in these Official Rules, subject to the terms and conditions contained in these Official Rules.
- Tickets issued in connection with the Prize are not eligible for frequent flyer miles. Once reservations are made, they cannot be changed.
- The Contest Sponsors and Prize Supplier have the right to disqualify or remove any Traveller from any activity at any time if he or she is at any point uncooperative, disruptive, abusive, or unobservant of applicable rules, laws or regulations, or likely to cause or has caused damage to person, property, or the reputation of the Contest Sponsors or Prize Supplier.
- No financial compensation will be made if actual Prize value is lower than the approximate retail value described above. Prize must be accepted as awarded and may not be converted to cash or resold. Prize may not be transferred or exchanged absent the consent of the Contest Sponsors, which consent may be withheld in their absolute discretion. Prize may not be exactly as advertised. The Contest Sponsors reserve the right, in their absolute discretion, to substitute a prize of equal or greater value in the event of the unavailability, for whatever the reason, of the Prize in whole or in part.
Except as expressly warranted herein, any Contest prize is provided “as is” without further warranty of any kind.
HOW WILL THE POTENTIAL WINNER(S) BE SELECTED?
- A random draw from all eligible entries received will be made by a representative of the Contest Sponsors on Tuesday, November 5, 2019 at approximately 12:00 pm ET at One Mount Pleasant Road, Toronto, ON M4Y 2Y5. One (1) entrant will be selected as potential Contest winner. A selected entrant will be contacted by email or phone at the email address or phone number indicated on the selected entrant’s entry. In the event any potential winner does not respond to such notification within three (3) business days, declines a prize for any reason, or does not meet the requirements set forth in these Official Rules, as determined by the Contest Sponsors, the potential winner will be disqualified and, time permitting, an alternate potential winner may be randomly selected from among remaining eligible entries, or the prize may be cancelled.
- Decisions and rulings of the Contest Sponsors are final and binding without appeal in all matters related to this Contest and the awarding of a prize.
HOW CAN A POTENTIAL WINNER BECOME A WINNER?
To be declared a winner, a selected entrant:
- must correctly answer, without assistance of any kind, whether mechanical or otherwise, a time-limited, mathematical skill-testing question;
- be in full compliance with these Official Rules;
- must, within the designated time period, sign and return a release of liability and consent to publicity form (the “Release Form”) and any other documentation as may reasonably be required by the Contest Sponsors in their absolute discretion. The guests of the selected entrant (or the parent/legal guardian of the guests who are under the age of majority) will also be required to sign the Release Form.
- may be required to provide proof of identification to the Contest Sponsors to confirm eligibility or to claim the Prize or otherwise in connection with this Contest to facilitate the Contest Sponsors’ accurate identification of a Contest winner.
- If a selected entrant does not fulfill the conditions set out in these Official Rules, or declines or forfeits the Prize, the Contest Sponsors reserve the right, in their absolute discretion, to cancel the Prize, to select another entrant from the remaining eligible entries pursuant to the process described in these Official Rules, or to donate the Prize to a charity of their choosing.
WHAT ARE THE ODDS OF WINNING THE PRIZE?
The odds of winning depend on the number of eligible entries received.
HOW DO I CLAIM THE PRIZE?
Once a potential winner is confirmed as a winner, Prize distribution will be promptly coordinated.
Except as otherwise indicated by the Contest Sponsors, a winner must personally take delivery of the Prize as instructed within thirty (30) days of being declared winner or within such other time period as the Contest Sponsors may determine.
If a winner fails to take delivery of the Prize as instructed, the Prize will be deemed forfeited. An alternate potential winner will be randomly selected from among all remaining eligible entries.
WILL I APPEAR IN ANY PUBLICITY IF I AM A WINNER?
If you are a winner, the Contest Sponsors may require you to appear in publicity related to the Contest or to any similar contest.
By accepting the Prize:
- you grant to the Contest Sponsors the irrevocable right to record, photograph or otherwise capture or document you, your likeness, your voice, or any statements you make regarding the Contest or the Prize, by any available means;
- you agree that any such captured material, together with your biographical information, such as name or place of residence, or your Entry Material (collectively, all such materials, the “Publicity Material”) may be used by the Contest Sponsors or their agents, licensees, successors, or assigns (collectively, the “Publicity Parties”) in any media, whether now known or later devised, worldwide and in perpetuity, for advertising or promotional purposes related to the Contest or any similar contest. Any such use of the Publicity Material may include the reproduction, modification, adaptation, translation or creation of derivative works from your Entry Material;
- you acknowledge that the Publicity Parties shall not be required to compensate you, notify you, or request your permission in connection with their use of any Publicity Material, unless required by law; and
- you waive any rights that you may have or that may otherwise exist in connection with any use of the Publicity Material by any of the Publicity Parties, including any moral rights in any such Publicity Material.
HOW WILL MY PERSONAL INFORMATION BE COLLECTED, USED AND DISCLOSED?
Your personal information may be disclosed to a third party in the following circumstances:
- in accordance with these Official Rules, or with your consent, or as otherwise permitted or required by law.
- if you elect to receive Commercial Communications from a party other than Rogers, Rogers will disclose your personal information to that other party for that purpose;
- if you are a potential prize winner, Rogers may disclose your personal information to any prize supplier for purposes of prize fulfillment; and
- if you have been asked to sign and return a release of liability and consent to publicity form or other documentation in accordance with the terms of these Official Rules, Rogers may disclose your personal information to any interested party, such as an entity who is released from liability.
HOW DO THE RELEASEES LIMIT THEIR LIABILITY?
The Releasees assume no liability for the following:
- stolen, late, incomplete, illegible, inaccurate, misdirected, lost, misrouted, scrambled, damaged, delayed, undelivered, mutilated, jumbled, or garbled entries, transmissions, email, mail, or other communications;
- any error, omission, interruption, defect or delay in transmission, processing, or communication;
- failures or malfunctions of, or difficulties with, computer hardware or software, telephones, telephone lines, telephone systems, or network, cable, satellite, server, or website connections;
- printing, typographical, or other errors appearing within these Official Rules, in any Contest-related advertisements, or in Contest-related materials;
- incorrect or inaccurate information, including where caused by website users, tampering, hacking, or by any equipment or programming associated or used in connection with the Contest;
- injury or damage to any computer or other device resulting from or otherwise related to participation in the Contest, the use of any website, or the downloading or accessing of any materials;
- anyone being incorrectly or mistakenly identified as a winner or potential winner; or
- any other errors, problems or difficulties of any kind, whether human, mechanical, electronic, or otherwise, relating in any way to the Contest, including those errors, problems or difficulties that may relate to the administration of the Contest, the processing of entries, the advertising of the Contest, the announcement of any prize or prize winner, or the cancellation or postponement of any event.
WHAT LAWS APPLY TO THE CONTEST?
The laws of the province or territory in which you reside apply to the Contest.
Any attempt to undermine the legitimate operation of the Contest may be a violation of criminal or civil laws. Should any such attempt be made, the Contest Sponsors reserve the right to seek remedies and damages to the fullest extent permitted by law.
CAN THE CONTEST SPONSORS CANCEL OR AMEND THE CONTEST?
The Contest Sponsors may cancel, modify, or suspend the Contest or amend these Official Rules for any reason whatsoever, subject to prior approval by the Régie des alcools, des courses et des jeux, if legally required. For example, if for any reason the Contest is not capable of running as originally planned, the Contest Sponsors may adjust any of the dates, timeframes or other Contest mechanics, or suspend or cancel the Contest.
You may not amend these Official Rules in any way.
WOULD THE CONTEST SPONSORS EVER DISQUALIFY OR BAN SOMEONE FROM A CONTEST?
The Contest Sponsors may disqualify without notice or ban someone from the Contest or any future contest for any other reason, including if the Contest Sponsors find that a person has:
- resold or attempted to resell a prize, in whole or in part;
- tampered with or attempted to tamper with, or undermined or attempted to undermine, the legitimate operation of the Contest;
- provided false or misleading information;
- acted in an unsportsmanlike or disruptive manner, or with the intent to annoy, abuse, threaten or harass any person; or
- otherwise violated these Official Rules.
WHAT HAPPENS IF THESE OFFICIAL RULES CONTRADICT OTHER CONTEST MATERIALS?
In the event of any discrepancy or inconsistency between these Official Rules and disclosures or statements made by the Sponsors or appearing in other Contest-related materials, these Official Rules shall govern.
WHAT HAPPENS IF PART OF THESE OFFICIAL RULES BECOMES UNENFORCEABLE OR DOES NOT APPLY?
If any part of these Official Rules is legally unenforceable or inapplicable, then that part will be deemed invalid; however, the remainder of these Official Rules will otherwise continue to be legally binding.
IF I AM A RESIDENT OF QUEBEC, IS THERE ANY ADDITIONAL INFORMATION I SHOULD KNOW?
Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of a prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.