THE BEAT’s “SUNWING: VACATION FOR 2 TO CUBA!” (the “Contest”)
Official Rules and Regulations (the “Contest Rules”)
- THE CONTEST PERIOD
The Contest entry period commences at 7:20 AM Eastern Time (“ET”) on December 2nd, 2019 and concludes at 7:20 AM ET on December 20th 2019, subject to subsection 5.5 of the Contest Rules (the “Contest Period”).
2.1. The Contest is open to residents of Canada, who are eighteen (18) years of age or older. CKBE-FM radio station (“The Beat”) and Cogeco Media Acquisitions Inc. (“Cogeco”) (collectively, the “Contest Sponsors”), their affiliates, as defined in the Canada Business Corporations Act (the “Affiliates”) and respective employees, directors, officers, agents, successors, assignees, advertising and promotional agencies, involved or not in the Contest, as well as family and household members of any of the foregoing are not eligible to enter the Contest or win a Prize (as defined in subsection 5.4 of the Contest Rules). For the purpose of these Contest Rules, “family” means spouses, children, parents, grandparents, siblings (including step relatives) and their respective spouses, and/or persons with whom they are domiciled. Participant must meet the eligibility requirements as outlined in the Contest Rules throughout the entire Contest Period.
2.2. The Beat listeners who have won a prize from the Contest Sponsors with a value between one hundred and one thousand five hundred Canadian dollars ($100-$1500 CDN dollars)within a period of three (3) months prior to the beginning of the Contest Period are not eligible to participate in the Contest. The Beat listeners who have won a prize from the Contest Sponsors with a value equal to or more than one thousand five hundred Canadian dollars ($1500+CDN dollars) within a period of twenty-four (24) months prior to the beginning of the Contest Period are not eligible to participate in the Contest.
3. THE PRIZE(S) AND THE PRIZE VALUES
- All Three (3) Prizes/Vacations consists of the following:
- Roundtrip economy airfare for two (2) adults (one of whom must be the winner) from any Canadian airport to Holguín, Cuba, on a flight operated by Sunwing Airlines
- Seven (7) nights in a standard room at Memories Holguin Beach Resort (in a double occupancy room)
- All inclusive meal plan at Memories Holguin Beach Resort
- Land connections between the airport and the hotel at destination
- All taxes and administration fees directly related to the hotel
- Taxes (including, but not limited to, departure taxes, aviation safety taxes and applicable federal, state, provincial and / or local taxes).
EXCLUSION: All personal expenses to be paid by winner. Taxes (including, but not limited to, departure taxes, air seat/airline taxes and applicable federal, provincial, municipal, state taxes) (Meals, taxes, gratuities, all beverages, pre- and post-overnight layover hotel accommodations, insurance, souvenirs, incidentals, transportation, spending money and other personal expenses of the winner and his/her guest).
- 4. HOW TO ENTER
- 5. At selected times during the Contest Period; Nikki, Sam, and Andy will give listeners the “sand or snow” lyrics of the day. Once the lyrics are given, the listeners will have to text 92925 with SAND OR SNOW, if they think the song is a Christmas Song TEXT Snow, if they think it is a regular song they will need to TEXT sand. If Nikki, Sam, and Andy call them, they qualify for a chance to win an all-inclusive trip to Holguin, Cuba.
- 6. Listen to 7:20 Mornings with Nikki, Sam, and Andy (Monday through Friday) during the Contest Period. Around 7:20, Nikki, Sam, and Andy will give listeners the “sand or snow” lyrics of the day. Once the lyrics are given, the listeners will have to text 92925 with SAND OR SNOW, if they think the song is a Christmas Song TEXT Snow, if they think it is a regular song they will need to TEXT sand. If Nikki, Sam, and Andy call them, they qualify for a chance to win an all-inclusive trip to Holguin, Cuba.
- In order to be eligible to participate in the Contest, the listener must:
- Text 92925 with SAND OR SNOW and will be randomly selected by the contest administrator appointed by the Contest Sponsors in their sole discretion (the “Contest Administrator”);
- Meet each of the eligibility requirements as outlined in these Contest Rules; and
- Text within the allotted time.
- Answer the phone when Nikki, Sam, and Andy call.
- For the purpose of the Contest Rules, “Contestant” means each Contest participant that meet the three (3) criteria’s mentioned in subsection 3.2 above.
- 7. CONTESTANT SELECTION
- One (1) Contestant will be randomly selected to participate in each contest attempt scheduled by the Contest Sponsors throughout the entire Contest Period (the “Contest Attempt”).
- If any randomly selected and texter does not meet the eligibility requirements, he or she will be disqualified. Contest Administrator will then select an alternate Contestant by randomly selecting the next texter until an eligible Contestant is identified.
- Decisions of the Contest Administrator in determining the correct text and selected Contestant for each Contest Attempt are final and binding in all matters relating to this Contest. Contest Sponsors are not responsible for telephone service outages, delays, busy signals, equipment malfunctions or any other technological difficulties that may prevent a participant from completing his or her text message, entering or participating in the Contest.
- Contestants may win in the Contest a maximum of one (1) time during the entire Contest Period. Any Contestant must be the participant who originally texted the phone to participate in the Contest. The text may not be transferred to any other individual at any time during the contest. No family members, friends, office associates, or any other person will be allowed to participate in the Contest on another person’s behalf. The Contestant must provide his or her own name and birth date. If a Contestant uses a false name or birth date, he will be immediately disqualified from the Contest and be ineligible to win any Prize.
- Proof of age, identity and eligibility must be provided to Contest Administrator upon request. In this regard, to claim a Prize, Contestant must furnish to Contest Administrator:
i. a valid driver’s license or government picture ID card;
ii. a valid health card;
iii. a valid birth certificate; and
iv. his or her name, complete address, phone number and mother’s maiden name.
v. a valid passport
All Contest entry information must be complete and accurate. The Contest Administrator will not award a Prize to any Contestant not meeting all eligibility requirements at the time of the Contest entry.
vi. Following the random selection of each Contestant and prior to attempting the Contest, the Contest Administrator will require the Contestant to identify his or her complete name, address, and phone number and confirm that the Contestant is in possession of a valid driver’s license or government picture ID card, valid health card, valid birth certificate, and mother’s maiden name.
vii. After confirming the Contestant eligibility, the Contest Administrator will then e-mail the contestant, confirm their information, request necessary information for the trip, and once the package is ready, they will get a call to sign the waivers and pick up their package.
- Contest Sponsors and all related parties are not responsible for any incorrect or mistaken announcement of any portion of the “Sunwing: Vacation for 2 to Cuba” printed on the tickets contained in the sealed envelope, or any miscommunication between a Contestant and the Contest Administrator regarding contestant information or the amount awarded. In order to claim the Grand Prize, the eligible Contestant’s name must match perfectly the printed on the certificate contained in the sealed envelope designated for that particular Contest Attempt, regardless of the actual date announced or any communication between the Contestant and the Contest Administrator. All Contest Attempts will be recorded in their entirety by the Contest Administrator.
- Subject to what is provided in the Contest Rules, the decisions of the Contest Sponsors are final, and the Prize must be accepted as awarded.
- Prize Awards & Delivery
3 x Grand Prize (All-inclusive trip for 2 Holguin, Cuba.): In the event that a Contestant exactly matches the information in which the Contest Administrator has announced on-air to that particular Contest Attempt, then said Contestant will be eligible to claim the Grand Prize, subject to approval and verification of compliance with the Contest Rules. The Grand Prize is an all-inclusive trip to Cancun, Mexico, with a total value of $4,380 (CAD) (Four thousand Three Hundred and Eighty dollars).
Grand Prize Conditions
Not included in your Sunwing prize:
- Any ground transportation not expressly stated above (including, but not limited to, transportation between the airport and your accommodation or that of your traveling companion)
- Airport improvement fees
- Insurance (including, but not limited to, travel, medical and cancellation insurance)
- Connecting flights (including the return flight to the departure city, if you do not live near Montreal)
- Excursions, sightseeing and other activities at your destination
- Travel expenses and supplements
- Expenses for excess baggage
- Costs associated with obtaining travel documents (including, but not limited to, passports and visas)
- The costs associated with obtaining the necessary vaccines
- Personal items
- Additional meals
- Room upgrades
- Taxes and tips
- Movies in the room
Limitation and Rules & Regulations:
- You must accept this prize as it is otherwise it will be canceled
- The trip is valid until October 31, 2020 (the "Travel Period")
- Travel is subject to availability and must be requested at least four (4) weeks prior to the requested departure date.
- Embargo dates apply, including but not limited to: December 17, 2019 to January 6, 2020, February 14 to March 28, 2020, March 11 to 22, 2020, April 4 to 22, 2020 and from 1 to 30 August 2020, subject to availability.
- If you can not travel during the Travel Period, you will lose the prize and it will be returned to another person at Sunwing's sole discretion
- Once reservations are made, they can not be modified
- Sunwing Airlines does not offer year-round flights from many Canadian airports. Since Sunwing Airlines has stopped providing service from the airport closest to you for the season and there are no flights available during the dates you submitted, it is your responsibility to responsibility (as the prize winner) to go to the closest Canadian airport from which Sunwing offers flights during the dates we have given you
- All bookings are subject to the terms and conditions set out in Sunwing's brochure or on the Sunwing website (http://www.sunwing.ca)
- Your traveling companion and you must hold a valid passport and other necessary travel documents when selecting. These documents must be valid before the trip and for the duration of the trip. If the winner does not get the necessary travel documents, he will lose the prize.
- 9. DEADLINE FOR CLAIMING PRIZE
In the event of a Prize Winner, the Contestant will be required to provide sufficient personal identification to the Contest Sponsors, whose offices are located at 800 de la Gauchetière Street West, Suite 1100, Montreal, Quebec. Such provision of personal identification includes the Contestant’s valid driver’s license or government issued identification, valid health card and original birth certificate (as outlined in subsection 4.5 of the Contest Rules). Failure to provide the required documents and information within the required time limit will result in forfeiture of the Prize. The deadline to claim the prize is three (3) months from the date they won the contest.
- 10. DECLARATION AND RELEASE OF PRIZE WINNERS
Before being awarded a Prize, each Prize Winners must:
- Present his or her valid driver’s license or valid government issued photo identification, valid health card, and original birth certificate to the Contest Sponsors.The information on the identification documents must match exactly the information provided by the Contestant during the Contest text message and e-mail.
- Sign a standard form confirming that by entering the Contest:
a) he or she read, understood and accepted the Contest Rules;
b) he or she confirms his or her eligibility in the Contest and compliance with the Contest Rules;
c) his or her acceptance of the Prize as offered;
d) he or she 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 winning the Prize; and
e) that he or she (including his or her heirs, administrators, personal representatives or executors), releases the Contest Sponsors and their parent companies, subsidiaries, affiliates, employees, directors, officers, suppliers, agents, sponsors, advertising and promotional agencies and administrators (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 the Prize including without limitation, 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 there from and notwithstanding that such costs, injuries or losses may have been caused solely or partly by any act, omission, negligence or gross negligence of any or all of the Releasees;
- 11. PRIZES TO BE ACCEPTED AS AWARDED
Subject to what is otherwise provided for herein, the decision of the Contest Sponsors is final. Prize must be accepted as awarded. No portion of the Prize is transferable. Prize is not redeemable for cash and no substitute for any portion of a Prize is offered. Should a Prize Winner be unable to claim a Prize as awarded, his or her entry will be forfeited.
- 12. PRIZE SUBSTITUTION
Prize portions are non-exchangeable, non-transferable, non-refundable, have no cash surrender value and must be accepted as awarded with no substitutions. The Contest Sponsors reserve the right, in their sole discretion, to substitute and/or modify a Prize, or Prize portion, with a prize of equal or greater value for any reason. Should a Prize Winner be unable to claim his or her Prize or Prize portion as awarded, his/her rights to claim such Prize or Prize portion will be forfeited.
- 13. OTHER EXPENSES
Prize Winners are responsible for all costs associated with their Prize (the “Expenses”). Each Prize Winner understands that he or she may not seek from the Releases reimbursement for his or her Expenses.
- 14. NO REPRESENTATIONS OR WARRANTIES
The Contest Sponsors make no representation or offers, nor do they provide any warranty, express or implied, as to the quality or fitness of the Prize. Prize Winners understand and acknowledge that they may not seek reimbursement or pursue any legal or equitable remedy from the Releasees should a Prize fail to be fit for its purpose or is in any way unsatisfactory to the Prize Winner.
- 15. TERMINATION/MODIFICATION
Subject to applicable law, the Contest Sponsors reserve the right to cancel, suspend, terminate, 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 the Contest Sponsors, subject to the approval of La Régie des alcools, des courses et des jeux du Québec, as needed.
- 16. OWNERSHIP OF ENTRIES
All entries shall become the property of the Contest Sponsors and their advertising and promotional agencies. The Releases 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 of equipment, servers, access providers, software, poor reception, technical problems, failure of any email or submission or due to any other reason regardless of cause.
- 17. PUBLICITY
By participating in the Contest, each participant, including each Prize Winner consent to the use 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, in all media used by the Contest Sponsors, promoters and their advertising and promotional agencies, without any payment or compensation. Each Prize Winner further agrees that his or her audio reaction may be used for on-air promotional purposes. The participants understand and acknowledge that the Contest Sponsors may contact him or her on-air without prior knowledge as a result of his or her participation in the Contest.
- 18. 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 Contestant grants permission to the Contest Sponsors to collect and use the Registrant Information for the exclusive purpose of administering the Contest and selecting the Prize Winner. No correspondence will take place between the Contest Sponsors and the participants 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.
- 19. TAMPERING
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 the Contest Sponsors that corrupts, impairs or affects the administration, security, fairness, integrity, or proper conduct of this Contest, the Contest Sponsors reserve the right, at their sole discretion, to cancel, terminate, modify, extend or suspend the Contest and/or Prize, subject to the approval of La Régie des alcools, des courses et des jeux du Québec, as needed. The Contest Sponsors further reserve the right to disqualify, from the Contest and future contests of the Contest Sponsors, any individual who tampers with or in any way corrupts the entry process. The Contest Sponsors may prohibit a participant from participating in the Contest or winning a Prize if, the Contest Sponsors, in their sole discretion, determine that said participant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or any unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other participant or the Contest Sponsors representatives. Any attempt by an participant 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, the Contest Sponsors reserve the right to seek remedies and damages (including lawyers’ fees) from any such participant or any other individual to the fullest extent permitted by law, including criminal prosecution.
- 20. LIMITATION OF LIABILITY
By entering the Contest, the participant agrees that the Releasees shall have no liability and shall be held harmless by the participant 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 Prize, or while preparing for, participating in any Contest-related or Prize-related activity. The Releasees are not 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 participant’s ability to participate in the Contest.
- 21. WHERE CONTEST RULES AND REGULATIONS AVAILABLE
These Contest Rules are available in English online at www.thebeat925.ca and at the offices of The Beat, located at 800 de la Gauchetière Street West, Suite 1100, Montreal, Quebec during regular business hours.
- 22. COMPLIANCE WITH CONTEST RULES
All participants agree to abide by the Contest Rules, which are subject to change at the sole discretion of the Contest Sponsors, subject to the approval of La Régie des alcools, des courses et des jeux du Québec, as needed.
- 23. COMPLIANCE WITH LAWS
This Contest is void where prohibited by law and is subject to all applicable federal, provincial, territorial and municipal laws and regulations of Canada.
- 24. R.A.C.J.
Any litigation in respect the conduct and awarding of a Prize in this Contest may be submitted to La Régie des alcools, des courses et des jeux du Québec for a ruling. Any litigation respecting the awarding of a Prize may be submitted to La Régie des alcools, des courses et des jeux du Québec only for the purpose of helping the parties reach a settlement.