ZoomerMedia Limited
“The 10th Anniversary Ultimate Zoomer” Contest
OFFICIAL CONTEST RULES AND REGULATIONS
AGREEMENT:
These rules govern the 10th Anniversary Ultimate Zoomer Contest (the “Contest”). No purchase is necessary to enter the Contest. The act of entering the Contest constitutes acceptance of these Contest rules and the decisions of the Sponsor, which decisions shall be final and binding upon all entrants.
CONTEST SPONSOR:
The Contest sponsor is Zoomer magazine, a property of ZoomerMedia Limited (the “Sponsor”).
CONTEST PERIOD:
The Contest begins at 12:00 AM ET on January 28, 2019 and ends at 11:59 PM ET on March 1, 2019 (such period, the “Contest Period”), after which time the Contest will be closed and no other entries shall be accepted.
ELIGIBILITY:
The Contest is open to residents of Canada (excluding Quebec) who have attained the age of majority at the start of the Contest Period. Notwithstanding the above, the Contest is not open to employees, immediate family members (i.e. spouses or biological, step or adoptive parents, children or siblings) or anyone domiciled with any employee of the Sponsor or prize supplier or any of their respective affiliates, subsidiaries, advertising or promotional agencies or fulfillment houses. Incomplete or illegible entries, bulk drop offs, photocopies, scanned copies, facsimiles or other mechanically or electronically reproduced entries will not be accepted and will be disqualified. Limit of one (1) entry per person during Contest Period.
HOW TO ENTER:
1. Online: No purchase necessary. To participate in the Contest, you simply have to enter the Contest by visiting www.ultimatezoomer.com and vote for one (1) of the 10 Ultimate Zoomers you think best personifies what it means to be a Zoomer, and fill in the electronic entry form.
A. Additional requirements:
Entrants must respect the following limits; otherwise the contest organizers reserve the right to cancel one or several of their entries:
i. If entry form is not fully completed and submitted during the Contest Period
ii. One participation per person during the contest period
iii. A person cannot register more than one email address per person
iv. A person entering more than one entry or using multiple email addresses will be automatically removed from the entry list
2. Bonus Entry: There is a limit of one (1) entry per person that can be obtained by submitting the online Contest Entry Form as outlined in (1) above. However, during the Contest Period, each Entrant may obtain additional entries into the draw by:
i. Sharing the personal referral link that will be provided to the Entrant following the Entrant’s submission of the online Contest Entry Form. The entrant will automatically be granted one (1) Bonus Entry into the draw when referral(s) also submits a valid Contest Entry Form online. Each entrant may only enter using one email address. Entrants must use the personal referral link provided to refer only friends or family; no Bonus Entries will be provided for Entrants referring people with whom they have no personal or family relationship, and Entrants providing any such referrals will be disqualified from the Contest.
PRIZING:
a) There is one (1) prize available to be won, consisting of two (2) Fairmont Ovation Certificates valid for two (2) nights hotel stay at select Fairmonts around the world, including breakfast for two (2) including all taxes and gratuities. Approximate retail value of up to eight hundred ($800 CDN) Canadian dollars. Plus, get one (1) two hundred ($200 CDN) Canadian dollars Visa gift card to spend. Approximate retail value of the prize is a thousand ($1,000 CDN) Canadian dollars.
b) The winner will be contacted by the Sponsor with instructions on how to claim the prize.
c) Prizes must be accepted as awarded and cannot be transferred, assigned, substituted or redeemed for cash, except at the sole discretion of the Sponsor. Any unused portion of a prize will be forfeited and have no cash value. The Sponsor reserves 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.
d) The Sponsor shall not assume any liability for lost, damaged or misdirected prizes.
WINNER SELECTION:
The potential winner will be chosen by random draw from among all eligible Entries received during the Contest Period on March 6, 2019. The odds of being selected as a potential winner are dependent upon the number of eligible entries received for the Contest. The draw will take place at the Sponsor’s office located at 64 Jefferson Avenue, Toronto, Ontario, Canada, M6K 1Y4.
Each potential winner will be contacted by telephone or email by a representative of the Sponsor, and must reply within three (3) business days to maintain eligibility. In order to be eligible to win, each potential winner must correctly answer a time limited mathematical skill-testing question, without assistance or mechanical or electronic aid. If any potential winner cannot be contacted within this time period or fails to respond to any attempted contact, or incorrectly answers the skill-testing question posed by the Sponsor, such potential winner will be disqualified, his/her Entry will be declared null and void and the Sponsor reserves the right, in its sole and absolute discretion, to select, at random, another eligible Entry, in which event these provisions shall apply to such other eligible Entry. If a potential winner does not claim the Prize within three (3) days of notification, another eligible Entry may be selected, in the sole discretion of the Sponsor, and the first potential winner will have no further claim to the Prize. The Sponsor will not mail or courier the prize and is not responsible for lost, stolen or unclaimed prizes. If a potential winner is unable or unwilling to accept or otherwise redeem any Prize on the terms upon which it is awarded, the Prize shall be forfeited and no cash or substitutes will be provided in whole or in part.
PRIZE CLAIM:
Each potential winner must return their signed waiver via email to claim their prize. If a potential winner does not claim the prize within three (3) days of notification, another eligible Entry may be selected and contacted and the first selected entrant will have no further claim to the prize. After the signed waiver is returned, the winner will be contacted by the Sponsor to distribute the prizing. The prize needs to be collected from the office of the Sponsor located in Toronto. The Sponsor will not mail or courier the prize and is not responsible for lost, stolen or unclaimed prizes. If a potential winner is unable or unwilling to accept or otherwise redeem any prize on the terms it is awarded, the prize shall be forfeited and no cash or substitutes will be provided in whole or in part.
RELEASE:
Winner may be required to show valid photo ID and execute a legal agreement and release (“Release”) that confirms his or her: (i) eligibility for the Contest and compliance with these Contest Rules; (ii) acceptance of the prize as offered; (iii) release of the Sponsor 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 “Releasee”) 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 Sponsor of the unrestricted right to produce, reproduce, convert, publish, broadcast, communicate by telecommunication, exhibit, distribute, translate, adapt, and otherwise use of 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.
INDEMNITY:
By entering the Contest, each entrant releases and holds the Releasee harmless from any and all liability for any injuries, loss or damage of any kind to the entrants 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 entrant agrees to fully indemnify Releasee from any and all claims by third parties relating to the Contest, without limitation.
LIMITATION OF LIABILITY:
The Sponsor 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. The Sponsor 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. The Sponsor 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. The Sponsor 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. The Sponsor is not responsible for any injury or damage to any entrant or to any computer related to or resulting from participating or downloading materials related to the 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. The Sponsor 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 the Sponsor, 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.
CONDUCT:
By participating in a Contest, each entrant agrees to be bound by the Contest Rules. Entrants further agree to be bound by the decisions of the Sponsor, which shall be final and binding in all respects. The Sponsor reserve the right, in their 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, 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.
PRIVACY / USE OF PERSONAL INFORMATION:
(a) By participating in the Contest, each entrant: (i) grants to the Sponsor the right to use his/her personal information provided when he/she enters the Contest (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; (ii) grants to the Sponsor 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 (iii) acknowledges that the Sponsor may disclose his/her Personal Information to third-party agents and service providers of the Sponsor in connection with any of the activities listed in (i) and/or (ii) above.
(b) The Contest is run in compliance with the Sponsor’s privacy policy, which may be found in full at www.everythingzoomer.com/privacy-policy
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 Sponsor 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:
The Sponsor 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.
LAW:
These are the official Contest Rules. The Contest 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 Sponsor and/or the Contest. 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 the Sponsor 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.
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, Twitter and/or Instagram. Any personal information provided in connection with the Contest is being provided to The Sponsor and not to any social media platform on which the Contest may have been promoted and/or administered. Any questions or comments regarding the Contest must be directed to ZoomerMedia Limited.