THE DERRINGER INVITATIONAL CRAZY CAPTION CONTEST (the “Contest”)
Official Rules and Regulations (the “Contest Rules”)
1. THE CONTEST PERIOD
The Contest entry period commences at 12:01 a.m. Eastern Time (“ET”) on April 23rd, 2012 and concludes at 11:59 p.m. ET on May 20th, 2012 (the “Contest Period”).
2. ELIGIBILITY
The Contest is open to residents of Ontario who are eighteen (18) years of age or older. Employees, directors and officers of Skyline Boutique Hotels & Resorts, CILQ-FM (“Q107”), and Corus Entertainment Inc. (the “Contest Sponsors”) any affiliate (as defined in the Canada Business Corporations Act) of Q107 or Corus Entertainment Inc. (the “Affiliates”) employees, directors and officers of their respective advertising and promotional agencies, as well as family members of any of the foregoing or those with whom they are domiciled are not eligible to enter the Contest. To be eligible, listeners must be registered members of Club Q (the “Club”). To join the Club, log on to q107.com (the “Website”) and complete the online registration form in full. All previously registered members of the Club are eligible to enter.
Guests of the Grand Prize winners must also be eighteen (18) years of age or older.
3. HOW TO ENTER
NO PURCHASE NECESSARY.
Each week throughout the Contest Period, Q107 will post a featured photograph on http://www.q107.com/ConcertsandEvents/DerringersClassicRockInvitational/Index.aspx
(the “Contest Page”). To enter the contest, Club members will submit a creative caption to accompany the photograph displayed on the Contest Page (each, a “Caption”). There will be a new photograph displayed on the Contest Page each week throughout the Contest Period.
NOTE: Only one (1) entry per person is permitted during the Contest Period. Multiple entries will be discarded. Entries are subject to verification and will be declared invalid if they are reproduced, falsified, altered or tampered with in any way.
Failure to complete the Contest entry form in full or comply with the Content Guidelines may result in disqualification, to be determined by Contest Sponsors in their sole discretion.
Subject to these Contest Rules, all entries become the physical property of the Contest Sponsors and will not be returned.
Each entrant who submits a Caption must comply with the content guidelines (collectively, “Content Guidelines”) below. Captions that do not meet the following Content Guidelines are subject to disqualification and/or removal from the Contest Website (if applicable) at any time, to be determined in Contest Sponsors’ sole and absolute discretion:
• Captions must be in the English language and no more than twenty-five (25) words in length.
• Except for materials in the public domain, each Caption, in its entirety, must be a single work of original material created by the entrant, must not infringe on the intellectual property rights of any other person or entity and be suitable for presentation in a public forum such decision to be made by Contest Sponsors in their sole discretion.
• Captions must not include material that: (a) is sexually explicit, indecent, obscene, violent, hateful, tortuous, defamatory, slanderous or libelous, (b) is derogatory or promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, (c) invades the privacy or publicity rights of any person, living or deceased, (d) is unlawful, (e) is harmful to other users of the Website such as viruses, trojan horses or other technologies that could adversely impact the Contest, and/or (f) is disparaging to the Contest Sponsors or is inconsistent with the positive images and/or goodwill to which Contest Sponsors wish to associate (all of the foregoing to be determined in Contest Sponsors’ sole and absolute discretion).
• Captions must not reveal any personal information about another individual, including another person’s address, phone number, e-mail address, credit card number or any information that may be used to track, contact or impersonate that individual.
4. CONTENT RIGHTS:
Entrants, upon submission of their Caption to the Contest, hereby irrevocably grant to Contest Sponsors, and each of their licensees, successors and assigns, the non-exclusive, perpetual, royalty-free, no-cost license and right to use, adapt and otherwise exploit the Caption in whole or in part, in any manner or medium now or hereafter known or devised throughout the universe, including, without limitation, the right to display, reproduce, record, perform, exhibit, distribute, copy, edit, change, modify, add to, subtract from, re-title and adapt the same, to combine it with other material and otherwise use and exploit it without having to give any compensation or attribution to entrants. Entrants hereby forever waive and relinquish all so-called “moral rights (droit moral)” now or hereafter recognized in connection with their Captions. Entrants agree that Contest Sponsors shall have the sole discretion in determining the extent and manner of use of Captions and are not obligated to use any of them. The decisions of the Contest Sponsors are final and binding in all matters relating to this Contest, including interpretation and application of these Contest Rules.
4. WINNER SELECTION
On each of April 30, May 7, May 14, and May 22nd 2012, at approximately 10:00 a.m. ET, the five (5) Captions with the highest ratings from that week (based on votes by a panel of judges appointed by the Contest Sponsors, whose decisions shall be final and binding) will be selected as the weekly winners of the Grand Prize, as described below (collectively, the “Weekly Winners”). For avoidance of doubt, a total of twenty (20) Weekly Winners will be selected during the Contest Period. On May 14, 2012, after the Weekly Winners have been selected, an additional ten (10) eligible entrants will be randomly selected from the entry pool of eligible entrants as additional winners of the Grand Prize (collectively, the “Additional Winners”). Hereinafter, the Weekly Winners and the Additional Winners shall be referred to as the Grand Prize winners.
The potential Grand Prize winners will be contacted by a representative of Q107 within one (1) day of the judging by telephone by email and/or telephone, as provided by the entrant in their Club registration form. Potential Grand Prize winners found to be ineligible, decline to accept the Grand Prize or who are unable to be contacted (including failing to return phone calls or emails) within five (5) business days of the draw will forfeit the Grand Prize and another eligible entrant may be selected in Contest Sponsors’ sole discretion.
5. THE GRAND PRIZE AND GRAND PRIZE VALUE
There are thirty (30) Grand Prizes to be won. Each Grand Prize consists of an invitation for two (2) persons to attend the Derringer Invitational Golf Tournament (“Event”), scheduled to take place on May 25, 2012 beginning at approximately 11:00 am ET until approximately 5 pm ET at the Horseshoe Resort in Barrie, Ontario (the “Horseshoe”).
Note: Please arrive on-time to ensure your place in the Event.
Grand Prize winners and their guests may also attend at post-golf game BBQ provided by the Horseshoe.
Contest Sponsors may provide Grand Prize winners with access to discounted rates for overnight accommodations at the Horseshoe, subject to availability. The terms by which the Grand Prize winners may redeem any discounted rates at the Horseshoe are governed by the applicable coupon or offer provided by the Horseshoe. The Contest Sponsors are not responsible for administering or ensuring compliance with the terms and conditions relating to such coupons or offers.
The approximate retail value of each Grand Prize is $250.00.
Only (1) Grand Prize will be awarded per household.
6. DEADLINE FOR CLAIMING A GRAND PRIZE
Following confirmation as Grand Prize winners in accordance with the Contest Rules, selected entrants will be given instructions and a deadline as to how they must claim the Grand Prize. Potential winners who fail either to claim the Grand Prize or to inform the Contest Sponsors his/her inability to claim the Grand Prize before the deadline, as instructed, will forfeit the Grand Prize and another eligible entrant may be selected in Contest Sponsors’ sole discretion.
7. GRAND PRIZE CONDITIONS
All incidental costs and expenses not specifically referred to herein as part of the Grand Prize description, including but not limited to transportation to and from the venue, meals, parking and souvenirs, or items of a personal nature (the “Expenses”) are the sole responsibility of the Grand Prize winners (and/or guest(s) where applicable). All Grand Prize elements are subject to availability and substitution. The Grand Prize winners (and/or guest(s) where applicable) shall not seek reimbursement for the Expenses from the Contest Sponsors.
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
None of the Contest Sponsors makes any representation or offers any warranty, express or implied, as to the quality or fitness of the Grand Prize awarded in connection with the Contest. Grand Prize winner(s) understand(s) and acknowledge(s) that he or she may not seek reimbursement or pursue any legal or equitable remedy from the Contest Sponsors should the Grand Prize fail to be fit for its purpose or is in any way unsatisfactory to a Grand Prize winner.
10. DECLARATION AND RELEASE OF GRAND PRIZE WINNER
(a) Before being awarded the Grand Prize, the selected entrant must correctly answer, unaided, a time-limited skill-testing mathematical question, and
(b) Before being awarded a Grand Prize, the selected entrant and his or her guest each must sign a standard form Declaration and Release of Liability (the “Release Forms”) confirming that by entering the Contest:
• he or she read, understood and accepted these Contest Rules;
• that he or she understands that acceptance of the Grand Prize may involve 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;
• that 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 winning the Grand Prize; and
• that he or she releases, discharges, indemnifies and holds harmless , the Contest Sponsors, the Affiliates, and each of their 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 the Grand 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 Grand Prize, whether suffered by the Grand Prize winner, or by his or her 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 or gross negligence of any or all of the Releasees.
Release Forms will be emailed to potential winners at the email address provided on their Contest entry form. Grand Prizes will only be awarded upon (a) verification of the answer to the skill questions and (b) return of the fully executed Release Forms to the email or fax number provided to the Grand Prize winner. Failure to return a signed Release Form as instructed by the Contest Sponsors will result in disqualification. Grand Prize winners are responsible for obtaining and returning signed copies of Release Forms from their guests, if applicable.
11. PRIZE SUBSTITUTION
Grand 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 decided by Contest Sponsors in their sole and absolute discretion. The Contest Sponsors reserve the right, in their sole discretion, to substitute and/or modify the Grand Prize, or prize portion, with (a) prize(s) of equal or greater value for any reason. Should a winner be unable to claim his/her Grand Prize or prize portion as awarded, his/her rights to the Grand Prize or prize portion will be forfeited.
12. TERMINATION/MODIFICATION
Subject to applicable law, the Contest Sponsors reserve 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 the Contest Sponsors. 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 the Grand 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
All entries shall become the property of the Contest Sponsors and their 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 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.
14. PUBLICITY
By entering the Contest, each entrant consents 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, throughout the world, in all media, in perpetuity, by the Contest Sponsors, promoters and their advertising and promotional agencies, without any payment or compensation. The Grand Prize winner further agrees that his or her audio reaction may be used for on-air promotional purposes. Entrants understand and acknowledge that Q107 may contact him or her on-air without prior knowledge as a result of his or her participation in the Contest.
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 Contest entrant grants permission to the Contest Sponsors to collect and use of the Registrant Information for the exclusive purpose of administering the Contest and selecting the Grand Prize winner(s). No correspondence will take place between the Contest Sponsors and the entrants except in connection with the Contest and, in the case of the Grand Prize winners, as a result of entering the Contest and winning the Grand Prize. To review the Radio Station’s privacy policy, visit http://www.q107.com/PrivacyPolicy.aspx.
16. 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 Grand Prizes. The Contest Sponsors further reserve the right to disqualify, from this 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 an entrant from participating in the Contest, future contests of the Contest Sponsors and/ or winning a prize(s) if, in the Contest Sponsors’ sole discretion, the Contest Sponsors determine 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), prize(s),) or intending to annoy, abuse, threaten or harass any other entrants or the Contest Sponsors 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, the Contest Sponsors reserve 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, the 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 the Grand Prize, or while preparing for, participating in any Contest-related or Grand 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 an potential entrant’s ability to participate in the Contest.
18. WHERE CONTEST RULES AND REGULATIONS AVAILABLE
These rules and regulations are available online at the Website and at Q107 studios, located at 25 Dockside Drive, Toronto, Ontario.
19. COMPLIANCE WITH CONTEST RULES
All entrants agree to abide by the Contest Rules, which are subject to change at the sole discretion of the Contest Sponsors.
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.
© Corus Entertainment Inc., 2012.