OFFICIAL CONTEST RULES
WESTJET VACATIONS REVIEW CONTEST ("CONTEST")
THIS CONTEST IS OPEN TO CANADIAN RESIDENTS ONLY AND IS GOVERNED BY CANADIAN LAW.
Contest is open to all legal residents of Canada who have reached the age of majority in their province or territory of residence at the time of entry, except employees, representatives or agents (and those with whom such persons are domiciled) of WestJet, an Alberta Partnership and WestJet Vacations Inc. (collectively the "Sponsors"), their advertising and promotion agencies and the Contest judges (collectively, the "Contest Parties").
2. CONTEST PERIOD:
Contest begins on November 1, 2012 at 12:00:01 p.m. Mountain Time (MT) and ends on December 31, 2012 at 11:59:59 p.m. MT (the "Contest Period").
3. HOW TO ENTER:
No purchase necessary. To enter the Contest, please click here. Complete the following steps: click on the ‘Enter Now’ button provided in the WestJet Vacations Travel Guide Welcome Home email, which will take you to the WestJet Vacations review page on the Website; write a review (as described below) of your WestJet Vacations experience and click the Submit Now button ; on the Thank You page for posting a review, click the Enter Contest button; fully complete the entry form, then click Submit Entry button to complete your entry (entry form and Your review/Photo(s)/Video(s), as defined below, hereinafter collectively referred to as "Entry" and the "Entries"). Your review must include comments (the "Your review") in the space provided, and you may an also upload photograph(s) (the "Photo(s)") and/or video(s) (the "Video(s)") (Photo(s) and Video(s) are optional). Your review/Photo(s)/Video(s) must be in accordance with the specific requirements listed below and must describe and/or discuss your vacation (for example, where you went, what you thought about it, reviews, ratings, suggestions, recommendations).
There is a limit of one (1) Entry per person/email address per day (calculated as 12:00:01 a.m. MT to 11:59:59 p.m. MT) permitted during the Contest Period. If it is discovered that you have attempted to: (i) obtain more than one (1) Entry per person/email address per day during the Contest Period; or (ii) use more than one (1) email address to enter, or otherwise participate in, the Contest; then (in the sole and absolute discretion of the Sponsors) you may be disqualified from the Contest and all of your Entries are subject to disqualification by the Sponsors. Your Entry will be rejected if (in the sole and absolute discretion of the Sponsors) the entry form is not fully completed and submitted during the Contest Period. Use of any automated, script, macro, robotic or other program(s) to enter or otherwise participate in this Contest is prohibited and is grounds for disqualification by the Sponsors. Without limitation, the Contest Parties are not responsible for late, lost, misdirected, delayed, incomplete or incompatible Entries. There is a limit of one prize per household. Entries will be rejected if: (a) entry form is not fully completed (including writing your Comment) and submitted during the Contest Period; or (b) if the Entry does not conform to the specific requirements listed below.
BY SUBMITTING AN ENTRY, THE ENTRANT AGREES THAT THE ENTRY COMPLIES WITH ALL CONDITIONS STATED IN THESE RULES. THE CONTEST PARTIES WILL BEAR NO LEGAL LIABILITY, EXPRESSED OR IMPLIED, REGARDING THE USE OF THE ENTRY BY THE CONTEST PARTIES AND THE CONTEST PARTIES SHALL BE HELD HARMLESS BY AN ENTRANT IN THE EVENT IT IS SUBSEQUENTLY DISCOVERED THAT THE ENTRANT HAS DEPARTED FROM OR NOT FULLY COMPLIED WITH ANY OF THE RULES.
4. ENTRY REQUIREMENTS:
To be eligible for entry in this Contest, the Comments as well as the Photo(s)/Video(s) if submitted, must meet the following specific requirements:
|Comments||Up to 2000 words||English or French||N/A|
|Video(s)||Maximum 3 Videos; under 100mbs and 5 minutes in length each.||English or French||flv, .asf, .qt, .mov, .avi, .wmv. .mp4, .3gp, .f4v, and .m4v|
|Photo(s)||Maximum 10 Photos;
under 10mb each.
|---||Jpeg, bmp, png, gif and tiff|
By participating in the Contest, each entrant agrees to be bound by these Official Rules (the "Rules") and by the interpretation of these Rules by the Sponsors, and further warrants and represents that his/her Comments/Photo(s)/Video(s):
- is original to him/her and that the entrant has all necessary rights (including, without limitation, consent of the photographer) in and to the Comments/Photo(s)/Video(s) to enter the Contest;
- does not violate any law, statute, ordinance or regulation;
- does not contain any reference to or likeness of any identifiable third parties, unless consent has been obtained from all such individuals and their parent/legal guardian if they are under the age of majority in their jurisdiction of residence (note: if you cannot obtain the consent of an individual appearing in your Photo(s)/Video(s), then his/her face must be blurred out);
- will not give rise to any claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party, or give rise to any claims for payment whatsoever; and
- is not defamatory, trade libelous, pornographic or obscene, and further that it will not contain, depict, include,
discuss or involve, without limitation, any of the following:
- Explicit, graphic or excessive sexual activity;
- Crude, vulgar or offensive language and/or symbols;
- Derogatory characterizations of any ethnic, racial, sexual or religious groups;
- Content that endorses, condones or discusses any illegal, inappropriate or risky activity, behaviour or conduct;
- Personal information of individuals, including without limitation, names and addresses (physical or e-mail);
- Conduct or other activities in violation of these Rules;
- Commercial messages or solicitations for products or services other than those of Sponsors;
- Any identifiable third party products and/or trade-marks, brands or logos, other than those of Sponsors. For example, any clothing worn by persons appearing in Photo(s)/Video(s) must not contain any visible logos, trade-marks or other third party materials, unless the necessary permissions/licenses have been obtained; and
- Any other content that is or could be considered inappropriate, unsuitable or offensive, all as determined by the Sponsors and/or the Contest Parties in their sole discretion.
The Sponsors and/or the Contest Parties will screen all Entries within 48 hours of that Entry being submitted. Any Comments/Photo(s)/Video(s) that the Sponsors and/or the Contest Parties deem, in their sole discretion, to violate the terms and conditions set forth in these Rules will not be posted. Prior to being posted on the Website, the Sponsors and/or the Contest Parties reserve the right, in their sole discretion, to edit or modify any Comments/Photo(s)/Video(s), or to request an entrant to modify or edit his or her Comments/Photo(s)/Video(s), in order to ensure that the Comments/Photo(s)/Video(s) comply with these Rules, or for any other reason. Any Entry that is deemed appropriate will be posted on the Website and the entrant will receive an email notification from Sponsors indicating that the Entry has been posted. If any Entry is deemed to be inappropriate by the Sponsors and/or the Contest Administrator, in their sole discretion, then the entrant will receive an email notification from Sponsors indicating that the Entry has not been posted.
By entering the Contest and submitting the Entry each entrant: (i) grants to the Sponsors, in perpetuity, a world-wide, nonexclusive license to publish, display, reproduce, modify, edit or otherwise use the Entry, in whole or in part, for advertising or promoting the Contest or for any other reason, including without limitation as content on any websites or web pages of the Sponsors; (ii) waives all moral rights in and to his/her Comments/Photo(s)/Video(s) in favour of the Sponsors; and (iii) agrees to release and hold harmless the Contest Parties and each of their respective agents, employees, directors, successors, and assigns (collectively, the "Releasees") against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related cause of action. For greater certainty, the Sponsors and/or the Contest Parties reserve the right, in their sole discretion, to modify, edit or remove any Entry, or to request an entrant to modify or edit his or her Entry, if a complaint is received with respect to the Entry, or for any other reason.
All content submitted by entrants may be posted to public viewing galleries including, without limitation, on the Website and may be used on other Sponsor-owned and non-Sponsor owned websites in relation to their travel offerings. By entering, each entrant acknowledges and agrees that submitting a photograph and/or video online brings your submission within the public view and the Sponsors will not be held liable for any copying, re-posting or unlawful use of the submitted photograph or video that may result.
5. GRAND PRIZES:
There will be two (2) Grand Prizes available to be won during the Contest Period, each consisting of one twenty five
hundred dollar ($2500.00 CAD) WestJet Vacation credit that can be used towards a WestJet Vacations package for two (2)
people. Package includes: round trip airfare for two people from a WestJet Canadian Airport, to any regular WestJet
scheduled destination, with a maximum value of $2500.00 CAD. Any packages booked exceeding the prize amount value will require payment by the winner. The retail value of each Grand Prize is $2500.00 CAD.
For all Grand Prizes, trip must be completed by December 15, 2013, after this date the prize will be forfeited. Travel is subject to availability and promotional space. Prize is not valid for any flights departing after such date and extensions to the expiry date are not permitted. Prize cannot be booked more than 30 days prior to departure and peak dates such as statutory holidays (long weekends) and airline blackout periods (such as but not limited to, Spring, Easter and Christmas Breaks, etc.), are not available. Winner and his/her guest are responsible for transportation to and from the gateway airport and all other expenses not stated as included herein. Changes to flights and or passenger names are not accepted, once the booking has been confirmed. Prize is only valid for redemption with WestJet Vacations, on regular marketed WestJet serviced flights.
Transportation is subject to availability, blackout periods, government restrictions and regulations, airline, airport or other transportation restrictions and regulations. The Sponsors are not responsible for any delay, postponement, suspension, rescheduling or cancellation, for any reason, of any flight(s) and winner will not be compensated in the event of such delay, cancellation or other event described herein. Other restrictions may apply. Prize cannot be combined with any other promotional offer or offers provided by the Sponsors.
Without limiting the generality of the foregoing, the following general conditions apply to each Grand Prize: (i) Grand Prize must be accepted as awarded and is not transferable (and without limiting the foregoing, the prize may not be sold or traded), must be taken as offered and cannot be substituted, redeemed or exchanged for cash or alternative prizes, (no substitutions except at Sponsors' option); (ii) all travel related to the Grand Prize must occur within the dates specified above (otherwise the Grand Prize will be forfeited in its entirety) and the winner and his/her travel companion must: (a) travel on same itinerary in both directions; (b) have all necessary documentation to permit international travel (e.g., passport, visa), if applicable; and (c) not have any barrier to entry in the host country, if applicable; (iii) the costs of everything not specifically stated as included in WestJet Vacation packaged booked with the Grand Prize credit are the responsibility of the winner and his/her and travel companion, including, without limitation, meals, gratuities, and health insurance, airport improvement fees, taxes, surcharges, other transportation, attractions, merchandise, souvenirs, travel visas and all other personal expenses of any kind; (iv) if the winner (and/or his/her travel companion) does not utilize any part(s) of the Grand Prize, then any such part(s) not utilized will be forfeited in their entirety and nothing will be substituted in their place; (v) Sponsors reserves the right at any time to: (a) place reasonable restrictions on the availability or use of the Grand Prize or any component thereof; and (b) substitute the Grand Prize or a component thereof for any reason with a prize or a prize component of equal or greater value, including without limitation, but solely at the Sponsors' sole discretion, a cash award; (vi) all travel arrangements relating to the Grand Prize must be made through the Sponsors or their designated agents; (vii) by accepting the Grand Prize, the winner agrees to waive all recourse against the Releasees if the Grand Prize or a component thereof does not prove satisfactory, either in whole or in part;
The Grand Prize will only be awarded to the entrant whose full name and valid e-mail address appears on the entry form. Without limitation, the Contest Parties are not responsible for the distribution of the Grand Prize between any persons who may have participated in making the Comments/Photo(s)/Video(s) and assume no responsibility for selecting who is eligible to participate in the Grand Prize with the winner.
6. PRIZE WINNER SELECTION PROCESS:
On January 8, 2013 in Calgary, Alberta, at approximately 10:00 a.m. MT (the "Draw Date"), a random draw will be conducted to select two (2) eligible entrants from among all eligible Entries received during the Contest Period. The odds of winning a prize depend on the number of eligible Entries received during the Contest Period.
The Sponsors or their designated representative will make two (2) attempts to contact the selected entrant by telephone or email (using the information provided at the time of entry) within ten (10) business days of the Draw Date. If the selected entrant cannot be contacted within two (2) attempts or ten (10) business days of the Draw Date (whichever occurs first), or there is a return of any notification as undeliverable; then the selected entrant will be disqualified (and will forfeit all rights to the Prize) and the Sponsors reserve the right, in their sole and absolute discretion, to randomly select an alternate eligible entrant from among the remaining eligible Entries (in which case the forgoing provisions of this section shall apply to such new selected entrant).
BEFORE BEING DECLARED A WINNER, each selected entrant will be required to: (a) correctly answer a mathematical skill-testing question without mechanical or other aid; and (b) sign and return within ten (10) business days of notification the Sponsors' declaration and release form, which (among other things): (i) confirms compliance with these Rules; (ii) acknowledges acceptance of the Prize as awarded; (iii) releases the Contest Parties, the prize suppliers and each of their respective officers, directors, agents, representatives, successors and assigns (collectively, the "Releasees") from any and all liability in connection with this Contest, the selected entrant's participation therein and/or the awarding and use/misuse of the Prize or any portion thereof; and (iv) agrees to the publication, reproduction and/or other use of the selected entrant's name, address, voice, Entry, statements about the Contest and/or photograph or other likeness without further notice or compensation, in any publicity or advertisement carried out by the Sponsors in any manner whatsoever, including print, broadcast or the internet. If the selected entrant: (a) fails to correctly answer the skill-testing question; and/or (b) fails to return the properly executed Contest documents within the specified time, then he/she will be disqualified (and will forfeit all rights to the prize) and the Sponsors reserves the right, in their sole and absolute discretion, to randomly select an alternate eligible entrant from among the remaining eligible Entries (in which case the forgoing provisions of this section shall apply to such new selected entrant).
7. GENERAL CONDITIONS:
By entering the Contest, each entrant agrees to the use of their name, address, voice, statements about the Contest and/or photograph or other likeness without further notice or compensation, in any publicity or advertisement carried out by the Sponsors in any manner whatsoever, including print, broadcast or the Internet.
The Releasees will not be liable for any failure of the Website during the Contest; for any technical malfunction or other problems relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; for the failure of any Entry to be received by the Contest Parties for any reason including, but not limited to, technical problems or traffic congestion on the Internet or at any website; or any combination of the above. Further, the Releasees will not be liable for any injury or damage to an entrant's or any other person's computer related to or resulting from participating or downloading any material in the Contest.
In the event of a dispute regarding who submitted an Entry, Entries will be deemed to have been submitted by the authorized account holder of the email address submitted at the time of entry. "Authorized account holder" is defined as the person who is assigned an email address by an internet provider, online service provider, or other organization (e.g. business, educational institute, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. An entrant may be required to provide proof that he/she is the authorized account holder of the email address associated with the selected Entry and that he/she has all necessary consents, permissions and/or licenses as required by these Rules. The sole determinant of the time for the purposes of a valid Entry in this contest will be the Contest server machine(s).
The Sponsors reserve the right, subject only to the approval of the Régie des alcools, des courses et des jeux (the "Régie") in Quebec, to withdraw, amend or suspend this Contest or to amend these Rules in any way, in the event of an error, technical problem, computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure or any other cause beyond the reasonable control of the Sponsors that interferes with the proper conduct of this Contest as contemplated by these Rules. Any attempt to deliberately damage any website or to undermine the legitimate operation of this Contest is a violation of criminal and civil laws and should such an attempt be made, the Sponsors reserve the right to seek remedies and damages to the fullest extent permitted by law. The Sponsors, with the consent of the Régie, reserve the right to cancel, amend or suspend this Contest, or to amend these Rules, without prior notice or obligation, in the event of any accident, printing, administrative, or other error or any kind, or for any other reason.
For Quebec residents: 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 the prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.
This Contest is subject to all applicable federal, provincial and municipal laws. The decisions of the Contest judges with respect to all aspects of this Contest are final and binding on all entrants without right of appeal, including, without limitation, any decisions regarding the eligibility/disqualification of Entries.
8. INTELLECTUAL PROPERTY:
All intellectual property, including, without limitation, all trade-marks, trade names, logos, designs, promotional materials, web pages, source code, drawings, illustrations, slogans and representations are owned or licensed by the Sponsors 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.
9. LANGUAGE DISCREPANCY:
In the event of any discrepancy or inconsistency between the terms and conditions of these English Rules and disclosures or other statements contained in any Contest-related materials, including, but not limited to: the Contest entry form, French version of these Rules, and/or point of sale, television, print or online advertising; the terms and conditions of these English Rules shall prevail, govern and control.