The Canadian Wildlife Federation CMARA WHALE WATCH Contest (the “Contest”)
Official Rules and Regulations (the “Contest Rules”)
1. THE CONTEST PERIOD
The entry period for the Canadian Wildlife Federation CMARA WHALE WATCH CONTEST (herein, the Contest) commences at 12:01 a.m. Eastern Standard Time (“EST”) on Friday June 8, 2018 and concludes at 11:59 p.m. EST on Friday August 3, 2018 EST (the “Contest Period”).
The Contest is open to residents of Canada including residents of Quebec, who, at the start of the Contest Period, have attained the age of majority in the Province or Territory in which they reside or have written permission from a parent or legal guardian to complete the entry form (if underage and deemed to be a winner, the parent of legal guardian must accept the prize). Employees, directors and officers of Canadian Wildlife Federation (“CWF”), and any affiliate (as defined in the Canada Business Corporations Act), as well employees, directors and officers of their respective advertising and promotional agencies, as well as those with whom any of the foregoing are domiciled (whether related or not), are not eligible to enter the Contest.
3. HOW TO ENTER
There is no purchase necessary to enter the Contest. To be eligible for the Contest, contestants must, during the Contest Period, log into marineanimalresponse.ca and enter their name, address and email information. Contestants must also agree to the terms and conditions within. Contestants can also enter by mailing in their contact information, including name, address, street, postal code and phone number to the Canadian Wildlife Federation, 350 Michael Cowpland Drive, Kanata, ON, K2M 2W1, in accordance with the dates of the contest. Please indicate you have read the rules and agree to the terms and conditions within.
4. WINNER SELECTION
On Friday, August 10th, 2018, at the offices of CWF, 350 Michael Cowpland Drive, Ottawa, Ontario, all eligible entries entered into the Contest will be examined. One random winner will be selected from all eligible entries. The eligible prize winner will be contacted by a representative from CWF within four (4) business days by telephone and/or email as provided by the entrants at the time of qualifying. A potential prize winner found to be ineligible, or who declines to accept the prize, or who is unable for whatever reason to be contacted (including failing to return phone calls or emails) within four (4) business days shall be required to forfeit the prize and another eligible entrant may be selected at the sole discretion of CWF.
5. PRIZE DESCRIPTION AND VALUE:
There is one (1) prize to be won, consisting of:
a) A whale watching expedition for two, to be delivered on the winner’s choice of either the Atlantic coast or Pacific coast, to be redeemed before September 1, 2019.
b) A $500 pre-paid VISA gift card (Transportation to and from the whale watching departure locations not included). Approximate retail value up to $1,000.00 Cdn.
6. DEADLINE FOR CLAIMING THE PRIZE
Following confirmation as a prize winner in accordance with rules of the Contest, the selected entrant will be given instructions and a deadline as to how they must claim the prize. Any potential prize winner, who fails either to claim his or her prize or to inform CWF of an inability to claim the prize before the deadline, as instructed, may be required to forfeit the prize and another eligible entrant may be selected at the sole discretion of CWF.
7. PRIZE CONDITIONS:
There is no cash value for the prize.
8. ODDS OF WINNING
Odds of winning depend on the total number of eligible entries received during the Contest Period.
9. NO REPRESENTATIONS OR WARRANTIES
CWF does not make any representation or offer any warranty, express or implied, as to the quality or fitness of any prize awarded in connection with the Contest. The prize winner is precluded from seeking reimbursement or pursuing any legal or equitable remedy from CWF should a prize fail to be fit for its stated purpose or is in any way unsatisfactory to a prize winner.
10. DECLARATION AND RELEASE OF THE PRIZE WINNER
Before being awarded a prize, any selected prize winner must first:
(a) Correctly answer, unaided, a time-limited skill-testing mathematical question, and
(b) Sign a standard form Declaration and Release of Liability (the “Release Form”) confirming that by entering the Contest:
he or she has read, understands and accepts these Contest Rules without exception;
he or she understands that acceptance of the prize may result in danger and/or exposure to risks and hazards of both man-made and natural origin, whether arising from foreseeable or unforeseeable human error and negligence, and that, as a result, he or she may suffer damage to personal property, serious personal injury, illness or even death;
he or she nevertheless freely and voluntarily agrees and does hereby assume any and all risks of personal injury, illness, death arising out of or connected with his or her participation in “the Contest” and the prize; and
he or she releases, discharges, indemnifies and holds harmless CWF and its respective directors, officers, employees, independent contractors, representatives, licensors and agents as well as their respective advertising and promotional agencies (collectively, the “Releasees”) from and against any and all liability due to any injuries, damages or losses to any person (including death) or property of any kind, arising in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of a prize, or in connection with participation in this Contest or a Contest-related activity, including, without limitation, any financial, legal or moral responsibility or loss or personal injury including death or damage to or loss of property suffered or incurred or arising from participating in the Contest or accepting a prize, whether suffered by a prize winner, or by his or her family members, heirs, administrators, personal representatives or executors, and notwithstanding that such injuries or losses may have been caused solely or partly by any act, omission, negligence of any or all of the Releasees.
The Release Form will be mailed or emailed to the prize winner at the home or email address provided at the time of entry. The prize will only be awarded upon (a) verification of the answer to the skill-testing question and (b) return of the fully executed Release Forms to the email or fax number provided to the prize winners. Failure to return a signed Release Form as instructed by CWF will result in disqualification. The prize winner is responsible for obtaining and returning signed copies of Release Form.
11. PRIZE SUBSTITUTION
Prizes and prize portions are non-exchangeable, non-transferable, non-refundable, have no cash surrender value and must be accepted as awarded with no substitutions, except as may be decided by CWF in their sole and absolute discretion. CWF reserves the right, in its sole discretion, to substitute and/or modify a prize, or prize portion, with a prize of equal or lesser value for any reason. Should a prize winner be unable to claim his/her prize or prize portion as awarded, his/her rights to that prize or prize portion may be forfeited, to be determined by CWF’s sole discretion.
Subject to applicable law, CWF reserves the right to cancel, suspend, terminate, and/or modify the Contest Rules or administration of the Contest, in whole or in part, without prior notice with no obligation or liability, including, if for any reason, the Contest is not capable of running as planned, whether due to technical failure, tampering, fraud, corruption of security or other causes beyond the control of CWF. The Releasees are not responsible or liable to any entrant or winner or any person claiming through such entrant or winner for failure to supply a prize or any part thereof, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorists acts, air raid, blackout, act of public enemy, earthquake, volcanic eruption, tsunami, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labour or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, performers’ illness, injury or death, or any other cause beyond the Releasees’ sole control.
13. OWNERSHIP OF ENTRIES
Subject to the terms contained in Section 15 below, all entries shall become the property of CWF and its advertising and promotional agencies. The Releasees assume no responsibility for lost, stolen, destroyed or otherwise indecipherable entries due to any failure or technical malfunction of the telephone network, on-line computer systems or equipment, servers, access providers, software, poor reception, technical problems, and failure of any email or submission or due to any other reason regardless of cause.
By entering the Contest, each entrant consents to the use and disclosure of his or her name, city of residence, photograph, voice, likeness, image or any other aspect of his or her personality for any publicity and programming purposes, commercial or otherwise, throughout the world, in all media, in perpetuity, by CWF, promoters and their advertising and promotional agencies, without any payment or compensation.
15. CONSENT TO COLLECTION AND USE OF PERSONAL INFORMATION
By entering the Contest and voluntarily providing personal information including, but not limited to, name, address, city, email address, home and office telephone numbers (the “Registrant Information”), each entrant grants permission to CWF to collect and use of the Registrant Information for the exclusive purpose of administering the Contest and selecting the prize winners. No correspondence will take place between CWF and the entrants except in connection with the Contest and, in the case of a prize winner, as a result of entering the Contest and winning a prize.
If for any reason the Contest is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other cause beyond the reasonable control of CWF that corrupts, impairs or affects the administration, security, fairness, integrity, or proper conduct of this Contest, CWF reserves the right, at its sole discretion, to cancel, terminate, modify, extend or suspend the Contest and/or prizes. CWF further reserves the right to disqualify, from this Contest and future contests run by CWF, any individual who tampers with or in any way corrupts the entry process. CWF may prohibit an entrant from participating in the Contest, future contests of CWF and/or winning a prize or prizes, if, at its sole discretion, CWF determines that said entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or any unlawful or unfair playing practices relating to the Contest (including but not limited to the use of automated quick entry programs), or intending to annoy, abuse, threaten or harass any other entrants or CWF representatives. Any attempt by an entrant or any other individual to deliberately damage any web site or undermine the legitimate operation of the Contest may be in violation of criminal and civil laws and should such an attempt be made, CWF reserves the right to seek remedies and damages (including lawyers’ fees) from any such entrant or any other individual to the fullest extent permitted by law, including criminal prosecution.
17. LIMITATION OF LIABILITY
By entering the Contest, each entrant agrees that the Releasees shall have no liability and shall be held harmless by the entrant for any damage, loss or liability to person or property, due in whole or in part, directly or indirectly, by reason of entering the Contest, the acceptance, possession, use, enjoyment or misuse of any prizes, or while preparing for, participating in any Contest-related or Prize-related activity. The Releasees shall not be held responsible for technical, hardware, software or telephone failures of any kind, lost or unavailable network connections, fraud, incomplete, garbled or delayed computer transmissions, whether caused by any of the Releasees, 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 processing of submissions that may cause damage to a user’s system or limit a potential entrant’s ability to participate in the Contest.
18. WHERE CONTEST RULES AND REGULATIONS AVAILABLE
These Contest Rules are available at the Website and at the main offices of the Canadian Wildlife Federation, 350 Michael Cowpland Drive, Kanata, Ontario.
19. COMPLIANCE WITH CONTEST RULES
All entrants agree to abide by the Contest Rules, which are subject to change at any time without prior notice at the sole discretion of CWF.
20. COMPLIANCE WITH LAWS
This Contest is void where prohibited or restricted by law and is subject to all federal, provincial, territorial and municipal laws and regulations of Canada and of each province, territory and municipality of Canada, respectively.
© CANADIAN WILDLIFE FEDERATION 2018