U-PICK PENTICTON CONTEST
THE U-PICK PENTICTON CONTEST (THE "CONTEST") IS INTENDED TO BE CONDUCTED IN CANADA ONLY AND SHALL BE CONSTRUED AND EVALUATED ACCORDING TO APPLICABLE CANADIAN LAW. NO PURCHASE IS NECESSARY. PARTICIPANTS MUST BE OF THE AGE OF MAJORITY IN THEIR PROVINCE OR TERRITORY OF RESIDENCE OR OLDER AT THE TIME OF ENTRY. VOID IN WHOLE OR PART WHERE PROHIBITED BY LAW. ENTRY IN THIS CONTEST CONSTITUTES ACCEPTANCE OF THESE CONTEST RULES (THE "CONTEST RULES").
1. ELIGIBILITY. To be eligible for this Contest, an individual must:
a. be a legal resident Canada (excluding the province of Quebec);
b. be of the age of majority in his/her province or territory of residence or older at the time of entry.
Employees of Penticton & Wine Country Tourism (the "Sponsor"), their respective affiliates, subsidiaries, related companies, advertising and promotional agencies, and the household members of any of the above, are not eligible to participate in the Contest.
The Sponsor shall have the right at any time to require proof of identity and/or eligibility to participate in the Contest. Failure to provide such proof may result in disqualification. All personal and other information requested by and supplied to the Sponsor for the purpose of the Contest must be truthful, complete, accurate and in no way misleading. The Sponsor reserve the right, in their sole discretion, to disqualify any entrant should such an entrant at any stage supply untruthful, incomplete, inaccurate or misleading personal details and/or information.
2. CONTEST PERIOD. The Contest begins at 12:01 a.m. Pacific Standard Time ("PST") on Monday, May 14, 2012 and ends at 11:59 p.m. PST on Tuesday, July 31, 2012 (the "Contest Period") after which time the Contest will be closed and no further entries shall be accepted.
3. HOW TO ENTER.
a. There is no purchase necessary to enter the Contest. Enter using any of the methods of entry outlined below. No entries will be accepted by any other means.
i. To enter online, complete and submit the entry form located at www.tourismpenticton.com (the "Contest Website") and linked from www.GlobalTVBC.com/contests.
b. Limit of one (1) entry per e-mail address per week during the contest period)
c. All entries, become the sole property of the Sponsor and none will be returned for any reason. Entries must be received no later than the end of the Contest Period. Entries will be declared invalid if they are late, illegible, incomplete, damaged, irregular, mutilated, forged, garbled or mechanically or electronically reproduced. No communication or correspondence will be exchanged with entrants except with those selected for a Grand Prize.
d. Entries received online shall be deemed to be submitted by the authorized account holder of the e-mail address associated with the entry. For the purpose of the Contest Rules, "authorized account holder" of an e-mail address is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Each selected entrant may be required to provide the Sponsor with proof that the selected entrant is the authorized account holder of the email address associated with the winning entry.
e. Winner must comply with the entry requirements and Contest Rules or will be disqualified.
4. PRIZE.
a. Grand Prize. There is one (1) Grand Prize available to be won by the Grand Prize winner ("Grand Prize Winner") consisting of their choice of one (1) of six (6) U-Pick Penticton vacations in Penticton & Wine Country as outlined below:
1. Time To Breathe.
For two (2) adults including accommodation, activities and meals to be selected by the Sponsor in their sole discretion for the winner and guests based on the winner's interests, with a minimum of three (3) activities which could include a chauffeured wine tour on one of three wine routes, stopping at a minimum of three wineries and including one (1) lunch for two (2); a float on the Okanagan River Channel including two (2) tube rentals and two (2) shuttle passes; one (1) guided arts, cultural and historical tour for two (2); and two (2) tickets to a concert or performance at a Penticton music venue. The Grand Prize has a maximum value of three thousand dollars ($3,000 CDN).
2. Outdoor Adventure.
For two (2) adults or four (4) people [two (2) adults and two (2) children or four (4) adults] including accommodation, activities and meals to be selected by the Sponsor in their sole discretion for the winner and guests based on the winner's interests, with a minimum of three (3) activities which could include a rock climbing lesson at the Skaha Bluffs Provincial Park for two or four; a one-day mountain bike rental per person, including one (1) helmet per person; one (1) stand up paddleboarding lesson and board rental per person. The Grand Prize has a maximum value of three thousand dollars ($3,000 CDN).
3. Parent Playdate.
For two (2) adults and two (2) children including accommodation, activities and meals to be selected by the Sponsor in their sole discretion for the winner and guests based on the winner's interests, with a minimum of three (3) activities which could include four (4) hours of babysitter services; a wakeboarding or waterskiing lesson for four (4); four (4) bicycle and helmet rentals plus a shuttle service to Chute Lake for four (4); four (4) inner tube rentals and four (4) shuttle passes for the Okanagan River Channel; a class at a local art school for four (4). The Grand Prize has a maximum value of three thousand dollars ($3,000 CDN).
4. Gourmet Getaway.
For two (2) adults including accommodation, activities and meals to be selected by the Sponsor in their sole discretion for the winner and guests based on the winner's interests, with a minimum of three (3) activities which could include a guided winery and vineyard tour with tasting for two (2); a cooking class for two (2); guided cheese tastings at two creameries for two (2) and a winemaker's dinner for two (2). The Grand Prize has a maximum value of three thousand dollars ($3,000 CDN).
5. Winter Wonderland.
For four (4) adults or two (2) adults and two (2) children including accommodation, activities and meals to be selected by the Sponsor in their sole discretion for the winner and guests based on the winner's interests, with a minimum of three (3) activities which could include one-day lift tickets for Apex Mountain Resort for four (4); four (4) equipment rentals for Apex Mountain Resort including boots, bindings, a snowboard or skis, poles and a helmet; a guided snowshoe tour at Apex Mountain or Nickel Plate Nordic Centre for four (4) and a winter wine tour in Penticton & Wine Country including lunch for four (4). The Grand Prize has a maximum value of three thousand dollars ($3,000 CDN).
6. DIY (Do It Yourself).
Including accommodation, activities and meals to be selected by the Sponsor in their sole discretion for the winner and guests based on the number of people and the winner's interests. The Grand Prize has a maximum value of three thousand dollars ($3,000 CDN).
b. Winner is not entitled to monetary difference between actual Prize value and stated approximate Prize value, if any.
c. Winner may claim his/her Prize in Penticton, British Columbia on Friday, August 12, 2012 OR Prizes will be distributed within two (2) days after Winner has been successfully contacted and notified of his/her Prize and fulfilled the requirements set out herein.
d. Winner and his/her Guest must be available to travel from September 1, 2012 through June 30, 2013. Blackout dates are August 1-31, 2012 and travel is based on availability at time of booking. Should Winner and/or Guest be unable to travel on the dates and times designated by the Sponsor, the Prize will be forfeited and awarded to an alternate winner. Winner and Guest will be responsible for transportation to and from Penticton, British Columbia, travel and medical insurance, travel documentation, airport improvement fees, taxes, gratuities, telephone calls, in-room charges and any other expense not explicitly included in the Prize.
e. Guests must comply with the Contest Rules and sign and return the Release (described below).
f. 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 reserve the right, in its and 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.
g. The Sponsor shall not assume any liability for lost, damaged or misdirected Prizes.
5. WINNER SELECTION.
One (1) Winner shall be selected as follows:
a. On or about Wednesday, August 8, 2012 in Penticton, British Columbia, one (1) entrant will be selected by a random draw from all eligible entries received during the Contest Period. Entrant 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 by the Sponsor. Before being declared a Winner, the selected entrant shall 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 the Contest Rules and sign and return the Release (described below).
b. THE SELECTED ENTRANT WILL BE NOTIFIED BY TELEPHONE OR E-MAIL NO LATER THAN WEDNESDAY, AUGUST 8, 2012 AT 10:00 A.M. Pacific Standard Time AND MUST RESPOND WITHIN TWO (2) BUSINESS DAYS OF NOTIFICATION. Upon notification, the selected entrant must respond by telephone to the contact number provided in the notification, and the selected entrant's response must be received by the Sponsor within two (2) business days of such notification. If the selected entrant does not respond in accordance with the Contest Rules, he/she will be disqualified and will not receive a Prize and another entrant may be selected in the Sponsor's sole discretion until such time as an entrant satisfies the terms set out herein. The Sponsor are not responsible for the failure for any reason whatsoever of a selected entrant to receive notification or for the Sponsor to receive a selected entrant's response.
c. If, as a result of an error relating to the entry process, drawing or any other aspect of the Contest, there are more selected entrants than contemplated in these Contest Rules, there will be a random draw amongst all eligible Prize claimants after the Contest's closing date to award the correct number of Prizes.
6. RELEASE. Winner will be required to execute a legal agreement and release ("Release") that confirms Winner's : (i) eligibility for the Contest and compliance with these Contest Rules; (ii) acceptance of the Prize as offered; (iii) release of each of the Sponsor and their respective parent companies, subsidiaries, affiliates and/or related companies and each of their employees, directors, officers, suppliers, agents, sponsor, 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 Sponsor of the unrestricted right, in the Sponsor's collective or individual discretion, to produce, reproduce, publish, broadcast, communicate by telecommunication, exhibit, distribute, adapt and otherwise use or re-use the Winner's name, photograph, likeness, voice and biography, in any and all media now known or hereafter devised, in connection with the Contest and the promotion and exploitation thereof. The executed Release must be returned within two (2) business days of the verification as a Winner or the selected entrant will be disqualified and the Prize forfeited.
7. INDEMNIFICATION BY ENTRANT. By entering the Contest, entrant releases and holds Releasees harmless from any and all liability for any injuries, loss or damage of any kind to the entrant 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. The entrant agrees to fully indemnify Releasees from any and all claims by third parties relating to the Contest, without limitation.
8. LIMITATION OF LIABILITY. The Sponsor 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 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 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 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. The Sponsor is not responsible for any injury or damage to entrant or to any computer related to or resulting from participating or downloading materials in this 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 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 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 this Contest and/or the Contest Website.
9. CONDUCT. By participating in the Contest, each entrant agrees to be bound by the Contest Rules, which will be posted at the Contest Website and made available at Penticton & Wine Country Tourism, 553 Railway Street, Penticton, BC V2A 8S3 throughout the Contest Period. Entrant further agrees 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 and/or the Contest Website; (c) violating the terms of service, conditions of use and/or general rules or guidelines of any Penticton & Wine Country Tourism 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 SPONSOR RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING BUT NOT LIMITED TO CRIMINAL PROSECUTION. Winner must at all times behave appropriately when taking part in the organized activities and observe the Contest Rules and any other rules or regulations in force at the locations. The Sponsor reserves the right to remove from the location, any Winner who breaks such rules and/or fails to behave appropriately and to disqualify such Winner.
10. PRIVACY / USE OF PERSONAL INFORMATION.
a. By participating in the Contest, entrant: (i) grants to the Sponsor the right to use his/her name, mailing address, telephone number, and e-mail address ("Personal Information") for the purpose of administering the Contest, including but not limited to contacting and announcing the Winners and (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 now known or hereafter devised, 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 any of the Sponsor in connection with any of the activities listed in (i) and (ii) above.
b. By opting-in online you consent to disclosure of your Personal Information to Penticton & Wine Country Tourism so that you may be contacted to promote draws and contests similar to the Contest, promote opportunities to subscribe to newsletters or promotional clubs, and notify you about related products or services.
11. 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 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.
12. TERMINATION. Sponsor reserve the right, in their sole discretion, to terminate the Contest, in whole or in part, and/or modify, amend or suspend the Contest, and/or the Contest Rules in any way, at any time, for any reason without prior notice.
13. LAW. These are the official Contest Rules. The Contest is 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. 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 British Columbia 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.
14. 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, or online advertising, the terms and conditions of the Contest Rules shall prevail, govern and control.