The Fly Away to Muskoka With 54.40 Contest: Rules & Regulations

THIS CONTEST IS OPEN TO ONTARIO RESIDENTS ONLY AND IS GOVERNED BY CANADIAN LAW. 

Standard data rates apply to participants who choose to participate in the Contest via a mobile device.  Please contact your service provider for pricing and service plan information and rates before mobile device participation.

  1. CONTEST PERIOD:

Explorers’ Edge “The Fly Away to Muskoka with 54.40 Contest” (the “Contest”) begins on May 8, 2019 at 2:00:00 p.m. Eastern Time (“ET”) and ends on July 14, 2019 at 11:59:59 p.m. ET (the “Contest Period”).

ELIGIBILITY:

Contest is open to residents of Ontario (Canada) who are twenty-one (21) years of age or older at the time of entry, except employees, representatives or agents (and those with whom such persons are domiciled, whether related or not) of Regional Tourism Organization 12 d.b.a. Explorers’ Edge (the “Sponsor”), its associated and affiliated entities, prize suppliers, advertising/promotion agencies and any other individual(s), entity or entities involved in the development, production, implementation, administration or fulfillment of the Contest (collectively with the Sponsor, the “Contest Parties”).

  1. AGREEMENT TO BE LEGALLY BOUND BY RULES:

By participating in this Contest, you are signifying your agreement that you have read and agree to be legally bound by these Official Rules and Regulations (the “Rules”).

  1. HOW TO ENTER:

NO PURCHASE NECESSARY. MAKING A PURCHASE WILL NOT INCREASE OR OTHERWISE IMPACT YOUR CHANCES OF WINNING IN THIS CONTEST.  To enter, go to www.explorersedge.ca/flyawaywith5440contest (the “Website”) during the Contest Period and follow the on-screen instructions to obtain the Official Contest Entry Form (the “Entry Form”).  Fully complete the Entry Form with all required information, which requires you to: (i) enter your first name, last name, complete mailing address (including postal code), valid email address and valid telephone number; and (ii) signify your agreement that you have read and agree to be legally bound by the terms and conditions of these Rules.  At the time of completing the Entry Form, you will also have the opportunity to opt-in to receive promotional communications from the Sponsor.  Note, opting-in to receive promotional communications from the Sponsor will not in any way impact your chances of winning in this Contest. When all required steps of the entry process are complete (including fully completing the Entry Form and agreeing to the Rules), follow the on-screen instructions to submit your completed Entry Form to be eligible to earn one (1) Entry (each, an “Entry” and collectively, the “Entries”) in the Contest.  To be eligible, your Entry must be submitted and received in accordance with these Rules.

  1. ENTRY LIMIT:

There is a limit of one (1) Entry per person.  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: (i) obtain more than one (1) Entry; and/or (ii) use multiple names, multiple identities, multiple email addresses, and/or any automated, macro, script, robotic or other system(s) or program(s) and/or any other means not in keeping with the Sponsor’s interpretation of the letter and/or 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.  Your Entry may be rejected if (in the sole and absolute discretion of the Sponsor) the Entry Form is not fully completed with all required information and submitted and received in accordance with these Rules during the Contest Period.  The Contest Parties and each of their respective officers, directors, agents, representatives, successors and assigns (collectively, the “Released Parties”) are not responsible for (and have no liability in relation to) late, lost, misdirected, delayed, incomplete or incompatible Entries (all of which are void). Facsimiles and/or photocopies of Entry Forms will not be accepted.

  1. VERIFICATION:

All Entries are subject to verification at any time and for any reason.  The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification): (i) for the purposes of verifying an individual’s eligibility to participate in this Contest; (ii) for the purposes of verifying the eligibility and/or legitimacy of any Entry and/or other information entered (or purportedly entered) for the purposes of this Contest; and/or (iii) for any other reason the Sponsor deems necessary, in its sole and absolute discretion, for the purposes of administering this Contest in accordance with the Sponsor’s interpretation of the letter and spirit of these Rules.  Failure to provide such proof to the complete satisfaction of the Sponsor within the timeline specified by the Sponsor may result in disqualification in the sole and absolute discretion of the Sponsor.  The sole determinant of the time for the purposes of this Contest will be the official time-keeping device(s) used by the Sponsor.

  1. THE PRIZE:

There will be one (1) Prize (the “Prize”) available to be won.  The Prize consists of the opportunity for the confirmed winner and three (3) guests (each, a “Guest”) to participate in a Civic Weekend Muskoka Getaway – which, includes: (i) the opportunity for the confirmed winner and his/her Guests to attend an acoustic performance by 54.40 (the “Band”) in the departure lounge at the Billy Bishop Toronto Island Airport (airport code: YTZ); (ii) round trip airfare (economy class) on Porter Airlines for the confirmed winner and his/her Guests to Muskoka, Ontario (airport code: YQA) [travelling with the Band] from Billy Bishop Toronto Island Airport in Toronto, ON; (iii) dinner for the confirmed winner and his/her Guests with the Band at Tulo’s Taqueria in Port Carling, ON; (iv) entrance and VIP Lounge access for the confirmed winner and his/her Guests to see the Band in concert at The Kee in Bala, Ontario; (v) accommodation for the confirmed winner and his/her Guests (double occupancy) at the Sherwood Inn near Port Carling, ON for five (5) nights; (vi) one (1) hour jet ski rental in Bala with Ride Muskoka (2 adults per jet ski); (vii) participation for the confirmed in the Bog to Bottle Discovery Tour from Musoka Lakes Farm and Winery (date and time to be selected by the Sponsor In its sole and absolute discretion); (viii) $500 CAD for the confirmed winner in Fly & Explore spending vouchers to redeem at select restaurants, shops and attractions (use of vouchers is subject to the terms and conditions of the issuer); and (ix) use of a rented vehicle (to be selected by the Sponsor in its sole and absolute discretion) (the “Vehicle”) from arrival on Thursday August 1, 2019 until 10:00 a.m. ET on Tuesday August 6, 2019 while participating in the Prize.

The total approximate retail prize value is $11,000 CAD.

Under no circumstances whatsoever will any difference between the actual and approximate retail values be awarded. Choice of flights, accommodations, and all other aspects of the Prize (except as specifically and expressly noted herein) are at the sole and absolute discretion of the Sponsor.

Without limiting the generality of the foregoing, the following general conditions apply to the Prize: (i) Prize must be accepted as awarded and is not transferable, assignable and/or or convertible to cash (except as may be specifically permitted by Sponsor in its sole and absolute discretion); (ii) no substitutions are permitted, except at Sponsor’s option; (iii) all travel related to the Prize must occur between August 1, 2019 and August 6, 2019 or on such other dates as specified by the Sponsor (otherwise the Prize will, in the sole and absolute discretion of the Sponsor, be forfeited in its entirety and nothing will be substituted in its place); (iv) the confirmed winner and his/her Guests must: (a) participate in all aspects of the Prize on the same itinerary as set by the Sponsor; and (b) have all necessary documentation to permit travel; (v) the costs of everything not expressly and specifically stated above as included in the Prize are the sole and absolute responsibility of the confirmed winner and his/her and Guests, including, without limitation: travel to and from Billy Bishop Toronto Island Airport in Toronto, ON for the purpose of participating in the Prize; additional meals and drinks; gratuities; entertainment; health and travel insurance; additional transportation while participating in the Prize; baggage and other fees; and items of a personal nature (NOTE: the confirmed winner and/or his/her Guest(s) may be required to present a valid major credit card in his/her name at the time of hotel check-in to cover any incidental expenses); (vi) if the confirmed winner and/or his/her Guests do not utilize any part(s) of the Prize, then any such part(s) not utilized may, in the sole and absolute discretion of the Sponsor, be forfeited in their entirety and, if forfeited, nothing will be substituted in their place; (vii) Sponsor reserves the right at any time to: (a) place reasonable restrictions on the availability or use of the Prize or any component thereof; and (b) substitute the Prize or a component thereof for any reason with a prize or prize component(s) of equal or greater retail value, including, without limitation, but solely at the Sponsor’s sole discretion, a cash award; (viii) all arrangements relating to the Prize must be made through the Sponsor or its designated agents; (ix) by accepting the Prize, the confirmed winner agrees to waive all recourse against the Sponsor and all of the other Released Parties if the Prize or a component thereof does not prove satisfactory, either in whole or in part; and (x) each of the confirmed winner’s Guests must: (a) be twenty-one (21) years of age to accompany the confirmed winner; and (b) sign and return the Sponsor’s release (by the date indicated on the release form) indicating that he/she waives all recourse against the Sponsor and all of the other Released Parties relating to his/her participation in the Prize (including, without limitation, any travel related thereto).  All decisions of the Sponsor in this regard will be final and binding without right of appeal. (xi) Guests must be eligible to rent a car in Ontario and provide all the required documentation to the chosen rental company to do so, including insurance coverage if necessary.

Without limiting the generality of the foregoing, the following general conditions apply to the Vehicle portion of each Prize: (i) colour, model and other specifics of the Vehicle will be at the sole and absolute discretion of the Sponsor and subject to availability; (ii) confirmed winner will be required to personally take delivery of the Vehicle from a location as determined by Sponsor, in its sole and absolute discretion (the “Location”), and will be required to present adequate personal identification (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification); (iii) Vehicle will not be released unless and until the confirmed winner first shows proof (in a form acceptable to the Sponsor) of having a valid driver’s license (equivalent to a full “G” class license in Ontario) and proof (in a form acceptable to the Sponsor) of being insurable; (iv) confirmed winner is solely responsible for all other costs and expenses that are not included in the Prize description above, including, but not limited to, costs and expenses associated with: obtaining a valid driver’s license, tolls, tickets, fuel and fluids; and (v) confirmed winner must sign the rental agreement provided by the rental car company (the “Agreement”) and must be insurable and eligible under the terms and conditions of the Agreement. Without limiting the effect of the Agreement, the following conditions shall apply to the use of the Vehicle: (a) Vehicle must be returned to the Location on the date and time specified by Sponsor; (b) confirmed winner shall be solely responsible for any and all damages to the Vehicle that are not covered by the insurance; (c) only the confirmed winner will be authorized to drive the Vehicle (unless additional drivers have been approved by the Sponsor, in writing, pursuant to the terms of the Agreement); (d) smoking is NOT permitted in the Vehicle; (e) the vehicle must be returned in the same condition as assumed, normal wear and tear excepted; and (f) the Vehicle cannot be driven outside Ontario.

It is strongly recommended and encouraged that each confirmed winner and each of his/her Guests obtain sufficient personal travel and medical insurance prior to departure. Flights are subject to availability, blackout periods, government restrictions and regulations, airline, airport or other transportation restrictions and regulations.

The Released Parties are not responsible for any delay, postponement, suspension, rescheduling or cancellation, for any reason, of any aspect of the Prize – including, but not limited to flight(s) and/or participation by the Band.  Neither a confirmed winner nor any of his/her Guests, nor any other person or entity will be compensated in the event of such delay, cancellation or other event contemplated herein. The Sponsor will not replace any lost or stolen tickets. Changes to flights and or passenger names are not accepted once bookings have been confirmed.

None of the Released Parties makes any representation or offers any warranty, express or implied, as to the quality or fitness of the Prize awarded in connection with the Contest. To the fullest extent permitted by applicable law, the confirmed winner and each of his/her Guests understands and acknowledges that he or she may not seek reimbursement or pursue any legal or equitable remedy from either the Sponsor or any of the other Released Parties should his/her Prize 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 Sponsor and all of the other Released Parties if his/her Prize or a component thereof does not prove satisfactory, either in whole or in part.

  1. ELIGIBLE WINNER SELECTION PROCESS AND ODDS OF WINNING:

On July 15, 2019 (the “Draw Date”) at the offices of Explorers’ Edge in Bracebridge, ON at approximately 2:00 p.m. ET, one (1) eligible entrant will be selected by random draw from among all eligible Entries submitted and received in accordance with these Rules during the Contest Period.  The odds of winning depend on the number of eligible Entries submitted and received in accordance with these Rules during the Contest Period.

  1. ELIGIBLE WINNER NOTIFICATION PROCESS:

The Sponsor or its designated representative will make a minimum of three (3) attempts to contact the eligible winner (using the information provided on the Entry Form) within five (5) business days of the Draw Date. If the eligible winner cannot be contacted as outlined above, or if there is a return of any notification as undeliverable; then he/she may, in the sole and absolute discretion of the Sponsor, be disqualified (and, if disqualified, will forfeit all rights to the Prize) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to randomly select an alternate eligible entrant from among the remaining eligible Entries submitted and received in accordance with these Rules during the Contest Period (in which case the foregoing provisions of this section shall apply to such newly selected eligible winner).

  1. ELIGIBLE WINNER CONFIRMATION PROCESS:

NO ONE IS A WINNER UNLESS AND UNTIL THE SPONSOR OFFICIALLY CONFIRMS HIM/HER AS A WINNER IN ACCORDANCE WITH THESE RULES.  Before being declared A CONFIRMED PRIZE winner, the eligible winner will be required to: (a) correctly answer a mathematical skill-testing question without mechanical or other aid (which may, in the sole and absolute discretion of the Sponsor, be administered online, by email or other electronic means, by telephone, or in the Sponsor’s form of declaration and release); and (b) sign and return within seven (7) business days of notification the Sponsor’s declaration and release form, which (among other things): (i) confirms compliance with these Rules; (ii) acknowledges acceptance of the Prize (as awarded); (iii) releases the Released Parties from any and all liability in connection with this Contest, his/her participation therein and/or the awarding and use/misuse of the Prize or any portion thereof; and (iv) agrees to the publication, reproduction and/or other use of his/her name, city/province of residence, voice, statements about the Contest and/or photograph or other likeness without further notice or compensation, in any publicity or advertisement carried out by or on behalf of the Sponsor in any manner whatsoever, including print, broadcast or the internet.  If the eligible winner: (a) fails to correctly answer the skill-testing question; (b) fails to return the properly executed Contest documents within the specified time; (c) cannot accept (or is unwilling to accept) the Prize (as awarded) for any reason; and/or (d) is determined to be in violation of these Rules (all as determined by the Sponsor in its sole and absolute discretion); then he/she will be disqualified (and will forfeit all rights to the Prize) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to randomly select an alternate eligible entrant from among the remaining eligible Entries submitted and received in accordance with these Rules during the Contest Period (in which case the foregoing provisions of this section shall apply to such newly selected eligible winner).

  1. GENERAL CONDITIONS:

This Contest is subject to all applicable federal, provincial and municipal laws.  The decisions of the Sponsor with respect to all aspects of this Contest are final and binding on all entrants without right of appeal.  ANYONE DEEMED BY THE SPONSOR TO BE IN VIOLATION OF THE SPONSOR’S INTERPRETATION OF THE LETTER AND/OR SPIRIT OF THESE RULES FOR ANY REASON IS SUBJECT TO DISQUALIFICATION IN THE SOLE AND ABSOLUTE DISCRETION OF THE SPONSOR AT ANY TIME.

The Released Parties will not be liable for: (i) any failure of the Website or any other website, platform or device during the Contest; (ii) any malfunction or other problems of any nature whatsoever, including, without limitation, those relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; (iii) the failure of any Entry and/or other information to be received, captured or recorded for any reason whatsoever, including, but not limited to, technical problems or traffic congestion on the internet or at any website; (iv) any injury or damage to an entrant’s or any other person’s computer or other device related to or resulting from participating in the Contest; (v) anyone being incorrectly and/or mistakenly identified as a winner or eligible winner; and/or (vi) any combination of the above.

In the event of a dispute regarding who submitted an Entry, the Sponsor reserves the right, in its sole and absolute discretion, to deem the Entry to have been submitted by the authorized account holder of the email address submitted at the time of entry.  “Authorized account holder” is defined as the person who is assigned an email address by an internet provider, online service provider, or other organization (e.g. business, educational institute, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. An entrant may be required to provide proof (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification) that he/she is the authorized account holder of the email address associated with the Entry in question.

The Sponsor reserves the right, in its sole and absolute discretion, to withdraw, amend or suspend this Contest (or to amend these Rules) in any way, in the event of any cause beyond the reasonable control of the Sponsor that interferes with the proper conduct of this Contest as contemplated by these Rules, including, without limitation, any error, problem, computer virus, bugs, tampering, unauthorized intervention, fraud or failure of any kind whatsoever.  Any attempt to undermine the legitimate operation of this Contest in any way (as determined by Sponsor in its sole and absolute discretion) may be a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law.   The Sponsor reserves the right, in its sole and absolute discretion, to cancel, amend or suspend this Contest, or to amend these Rules, in any way without prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind, or for any other reason whatsoever.   Without limiting the generality of the forgoing, the Sponsor reserves the right, in its sole and absolute discretion, to administer an alternate test of skill as it deems appropriate based on the circumstances and/or to comply with applicable law.

By entering this Contest, each entrant expressly consents to the Sponsor, its agents and/or representatives, storing, sharing and using the personal information submitted for the purpose of administering the Contest and in accordance with Sponsor’s privacy policy (available at: https://explorersedge.ca/privacy-policy-terms-of-use/).  This section does not limit any other consent(s) that an individual may provide the Sponsor or others in relation to the collection, use and/or disclosure of their personal information.

The Sponsor reserves the right, in its sole and absolute discretion, to adjust any of the dates, timeframes and/or other Contest mechanics stipulated in these Rules, to the extent deemed necessary by the Sponsor, for purposes of verifying compliance by any entrant, Entry and/or other information with these Rules, or as a result of any technical or other problems, or in light of any other circumstances which, in the opinion of the Sponsor, in its sole and absolute discretion, affect the proper administration of the Contest as contemplated in these Rules, or for any other reason.

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, 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.

The invalidity or unenforceability of any provision of these Rules shall not affect the validity or enforceability of any other provision.  In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Rules shall otherwise remain in effect and shall be construed in accordance with the terms as if the invalid or illegal provision were not contained herein.

To the fullest extent permitted by applicable law, all issues and questions concerning the construction, validity, interpretation and enforceability of these Rules or the rights and obligations of participants, Sponsor or any of the other the Released Parties in connection with the Contest will be governed by and construed in accordance with the domestic laws of the Province of Ontario and the federal laws of Canada applicable therein, 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.  The parties hereby consent to the exclusive jurisdiction and venue of the courts located in Ontario in any action to enforce (or otherwise relating to) these Rules or relating to this Contest.