OFFICIAL CONTEST RULES & REGULATIONS
RULES & REGULATIONS
The 2016 Air Canada enRoute Canada’s Best New Restaurants EAT & VOTE Contest (the “Contest”) is brought to you by Spafax Canada Inc. (the “Contest Sponsor”). The Contest starts on August 9, 2016 at 5:00:00 p.m. Eastern Time (“ET”) and ends on September 30, 2016 at 11:59:59 p.m. ET (hereinafter, the “Contest Period”).
The Contest is open to all Canadian residents having reached the legal age of majority in their province or territory of residence prior to the Contest Period (each an “Eligible Participant”). Employees, representatives or agents of the Contest Sponsor, Air Canada and its subsidiaries and affiliates, media partners, advertising and promotional agencies, and members of the immediate family (parents, children, siblings and spouse, regardless of where they are domiciled) of any of the aforementioned and persons with whom any of the aforementioned are domiciled (collectively, the “Contest Parties”) are not eligible to enter the Contest.
2. HOW TO PARTICIPATE IN THE CONTEST
NO PURCHASE NECESSARY. To register for the Contest, you must visit www.eatandvote.com (the “Website”) and follow the on-screen instructions to obtain the Official Contest Registration Form (the “Form”). Fully complete the Form with all required information and submit it via the Website to complete your Registration (a “Registration”). To be eligible, your Registration must be submitted and received in accordance with these Rules during the Contest Period. There is a limit of one (1) Registration per Eligible Participant during the Contest Period. Upon completing your Registration, you will be able to log-in to the Website and earn Entries (each, an “Entry” and collectively, the “Entries”) in accordance with Rule 2.1.
2.1 HOW TO EARN ENTRIES:
Once you have completed your Registration in accordance with Rule 2, you can visit the Website each day (defined for the purposes of these Rules as 12:00:00 a.m. ET to 11:59:59 p.m. ET – except on August 9, 2016 which starts at 5:00:00 p.m. ET) and earn Entries, as follows:
Voting for Restaurant(s): Follow the on-screen instructions to cast a vote (each, a “Vote”) for your favourite Restaurant(s) (each, a “Restaurant” and collectively the “Restaurants”) from among the thirty-five (35) Restaurants displayed on the Website. There is no need to have eaten at or otherwise engaged with any Restaurant in any way in order to be eligible to submit a Vote for that Restaurant. Eating at or otherwise engaging with a particular Restaurant or Restaurants will not in any way increase or otherwise impact your chances of winning in this Contest. Upon submitting a Vote for a Restaurant in accordance with these Rules, you will be eligible to earn one (1) Entry in the Contest. You can submit up to twenty-five Restaurant Votes per day, however no more than one (1) Vote per Restaurant per day (as defined above) during the Contest Period. For the avoidance of any doubt, this means that you cannot submit more than one (1) Vote for the same Restaurant during the same day (as defined above) and the maximum number of Entries you can earn by submitting eligible Votes in accordance with these Rules is twenty-five (25) Entries per day (as defined above). This only possible if you select twenty-five (25) of the thirty-five (35) Restaurants and submit the maximum allowable one (1) Vote per Restaurant per day (as defined above). To be eligible, any Vote(s) you submit must be submitted and received in accordance with these Rules (as determined by the Sponsor in its sole and absolute discretion).
2.2 MAXIMUM NUMBER OF ENTRIES:
For the avoidance of any doubt, the maximum number of Entries that can be earned by an eligible entrant in relation to this Contest is One Thousand three-Hundred and twenty-five (1,325) Entries. This is only possible if the eligible entrant (in accordance with these Rules) submits the maximum allowable twenty-five (25) Votes per day (as defined above) for each of the Fifty-three (53) days in the Contest Period. Under no circumstances will any eligible entrant or anyone else be permitted to obtain more than any stated maximum number of Entries as outlined in these Rules.
2.3 ADDITIONAL RULES:
If it is discovered by the Sponsor (using any evidence or other information made available to or otherwise discovered by the Sponsor) that any person has attempted to use multiple names, identities, email addresses, any automated, macro, script, robotic or other system(s) or program(s) and/or any other means not in keeping with the letter and spirit of these Rules to enter or otherwise participate in or to disrupt this Contest; then he/she may be disqualified from the Contest in the sole and absolute discretion of the Sponsor. The Contest Parties and each of their respective agents, employees, directors, successors, and assigns (collectively, the “Released Parties”) are not responsible for, and accept no liability whatsoever in relation to, any late, lost, misdirected, delayed, incomplete or incompatible Registrations, Votes and/or Entries (all of which are void). A Registration, Vote and/or Entry may be rejected if, in the sole and absolute discretion of the Sponsor the Entry is not submitted and received in accordance with these Rules during the Contest Period.
3. THE PRIZE
There is one prize (the “Prize”) to be won consisting of:
- A $250 dinner voucher for two (2) people at one (1) of the thirty-five (35) TBC Restaurants, as selected by the winner (Retail value of the dinner is $250 CDN and will be provided in the form of a cheque);
- $500 CDN spending money (to be provided in the form of a cheque);
- Base fare for Two (2) Economy Class round-trip tickets on any flight operated by Air Canada (including, flights operated by Air Canada rouge or under the Air Canada Express banner) from the major Canadian airport served by Air Canada closest to the winner’s place of residence to any scheduled Canadian Air Canada destination, closest to the selected restaurant. Ground transportation will be awarded in place of the Economy Class tickets if the Prize winner resides within a 200 km radius of selected Restaurant (as determined by Sponsor in its sole and absolute discretion);
- One (1) night’s accommodation for two (2) people (single room, double occupancy) at a hotel in the same city as the selected restaurant, selected by the Contest Sponsor (in its sole and absolute discretion);
Reservation for flight and accommodations are subject to availability and the following flight blackout dates apply: December 20, 2016 to January 10, 2017; and April 13, 2017 to April 18, 2017. Travel must be completed on or before September 30, 2017. Travel does not qualify for Aeroplan mileage accumulation or for mileage accumulation in any other frequent flyer program. No changes permitted to reservations once date of travel is confirmed or ticket has been issued.
The Prize winner and their travelling companion are responsible for: any and all costs, expenses and taxes not expressly described herein including, without limitation, applicable local air departure taxes, travel insurance, ground transportation, gratuities, merchandise, telephone calls, personal expenses of any nature for overnight layovers, meals and beverages, service charges, in-flight meals and entertainment; costs incurred to and from the departure point as the Prize originates and terminates there, obtaining sufficient personal travel insurance prior to departure, if desired; obtaining and carrying all necessary travel documentation, such as passports and visas and complying with customs immigrations regulations. The use of upgrade certificates is not permitted for flights. Both the Prize winner and travelling companion must travel on the same itinerary. Travel does not qualify for Aeroplan mileage accumulation or for mileage accumulation in any other frequent flyer program. No changes permitted to reservations once date of travel is confirmed. Use of the airfare tickets are subject to Air Canada’s general conditions of carriage publicly available at www.aircanada.com.
The approximate total value of the Prize package is $3,050 CAD. Exact value of the Prize depends on point of departure and destination as well as time of travel. Prize must be accepted as awarded and may not be sold, transferred or converted to cash and will not be refunded if unused. No substitutions, changes or extensions are permitted. Contest Sponsor reserves the right at its sole discretion to substitute the Prize for one of equal or greater value or to allow a Prize transfer.
None of the Released Parties makes any representation or offers any warranty, express or implied, as to the quality or fitness of the Prize or any portion thereof awarded in connection with the Contest. To the fullest extent permitted by applicable law, the confirmed winner and guest understands and acknowledges that he or she may not seek reimbursement or pursue any legal or equitable remedy from neither the Sponsor nor any of the Released Parties should the Prize or any portion(s) thereof fail to be fit for its purpose or is in any way unsatisfactory. For greater certainty and the avoidance of any doubt, by accepting the Prize, the confirmed winner agrees to waive all recourse against the Released Parties if the Prize or a component thereof does not prove satisfactory, either in whole or in part.
4. PRIZE DRAW
A random draw from all entries received from Eligible Participants during the Contest Period to select one (1) winner of the Prize will be held at the offices of Marketing Enitiatives in Brooklin, ON at approximately 9:00 a.m. ET on October 1, 2016. The odds of winning the Prize will depend upon the total number of entries received from Eligible Participants during the Contest Period.
5. CLAIMING OF PRIZE
In order to be declared the winner and be able to claim the Prize, the Eligible Participant selected by random draw will be contacted by telephone or by e-mail by the Contest Sponsor or one of its agents or representatives, shortly following the draw and must confirm acceptance as a selected Eligible Participant within seven (7) business days of contact. If the selected Eligible Participant cannot be contacted, another Eligible Participant will be selected by way of random draw. Before being declared a winner, each selected Eligible Participant will be required to answer a time-limited mathematical skill-testing question and sign a release and waiver form confirming, without limitation, that:
- He/she complies with the eligibility requirements;
- He/she has read the Contest rules and regulations and complies completely;
- He/she accepts the Prize as awarded;
- He/she acknowledges the Contest Sponsor’s right to publish his/her picture, name and city of residence without compensation other than the Prize offered;
- He/she successfully answers a time-limited mathematical skill-testing question; and
- He/she releases and agrees to hold harmless of all liability the Released Parties.
No correspondence will be undertaken except with the selected Eligible Participant whose Eligible Entry was drawn. Once the Eligible Participant is declared a winner by Contest Sponsor, Contest Sponsor will send the Eligible Participant a letter containing the details on how to redeem his/her Prize (i.e. reservation of the flights).
6. GENERAL TERMS AND CONDITIONS
All entries submitted, and all information provided, by Eligible Participants must be complete and accurate. Released Parties will not be held responsible for any and all telephone or internet interruptions, unclear telephone or e-mail messages and any late/incomplete/erroneously completely Prize claims or release and waiver forms.
All entries are subject to verification by the Contest Sponsor and may be disqualified if they are received outside of the Contest Period, are incomplete, illegible, irregular, photocopied or otherwise reproduced, submitted through illicit means or if they contain any false statements, or do not conform to or satisfy to any condition of these Contest rules and regulations.
By entering the Contest, Eligible Participants agree that the Contest Sponsor reserves the right to publish without compensation the full name, city of residence, and photograph of all winners and Eligible Participants waive all rights with respect to printed, broadcast and other forms of publicity. Eligible Participants further agree that all entries submitted and their content become the property of the Contest Sponsor and will not be returned.
Eligible Participants agree to be bound by all decisions of the Contest Sponsor regarding the Contest which shall be final and binding in all respects.
Eligible Participants agree that the Released Parties are not liable for any incorrect or inaccurate transcription of entry information or for any error or malfunction of any kind in connection with the Contest. If the Contest is not capable of running as planned for any reason, including tampering, unauthorized intervention, fraud, technical failures, or any other cause, the Contest Sponsor reserves the right, at its sole discretion, to, without advance notice, terminate or suspend the Contest, in whole or in part, or modify it in any way, without any further obligations to Eligible Participants. Furthermore, if the Contest Sponsor determines, at its sole discretion, that any entry compromises the integrity of the Contest, the Contest Sponsor reserves the right to disqualify the entry at issue or terminate the Contest in its entirety without any further obligations to Eligible Participants. The Contest Sponsor further reserves the right, at its sole discretion, to disqualify any individual from the Contest and to ban the individual from any future contest of the Contest Sponsor who it finds or believes to be tampering with the entry process or the operation of the Contest; to be acting in violation of the Contest rules and regulations or in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person.
By entering this Contest, Eligible Participants agree to release and hold harmless the Contest Sponsor, its subsidiaries and affiliates, media partners, advertising and promotional agencies and each of the foregoing entities’ respective directors, officers, employees, agents, representatives, successors and assigns from any liability in connection with the Contest or, if declared a winner, the Prize awarded and use thereof.
The Contest is subject to federal, provincial and local rules and regulations.
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 a Prize may be submitted to the board only for the purpose of helping the parties reach a settlement. All issues and questions concerning the construction, validity, interpretation and enforceability of these official contest rules, or the rights and obligations of an Eligible Participant in connection with the Contest, shall be governed by and construed in accordance with the laws of the Province of Quebec and the laws of Canada applicable therein.
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 French version of these Rules, point of sale, television, print or online advertising and/or any instructions or interpretations of these Rules given by any representative of the Sponsor, the terms and conditions of these English Rules shall prevail, govern and control to the fullest extent permitted by law.
By entering the Contest, each Eligible Participant acknowledges and agrees that Air Canada’s role in the Contest is strictly that of “Prize Supplier” and that the Sponsor is fully responsible for the conduct and administration of the Contest, including the selection of winners and the distribution of Prizes.
Eligible Participants may obtain the Prize winner’s name between October 30, 2016 and November 30, 2016, by addressing their request, accompanied by a self-addressed envelope with sufficient postage to: 2016 EAT & VOTE Contest Winner; Att’n: Brody Berry; Spafax, 2 Bloor St. East, Suite 1020, Toronto, Ontario, M4W 1A8.