Contest Rules & Regulations

Contest Rules & Regulations

MAY THE BEST FRIENDS WIN CONTEST (the “Contest”)
CONTEST RULES & REGULATIONS

NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.

1. Eligibility

The Contest is open to legal residents of Ontario who reside in the broadcast range of Indie 88 (excluding internet streaming) who are nineteen (19) years of age or older as of the start date of the Contest Period, as defined below. The broadcast range of the station is defined the area contained within a 125 km radius of the CN Tower.

The selected winning Team (as defined below) of the Grand Prize will need to meet the Grand Prize conditions (as set out below) in order to claim and use the Grand Prize in full. The Contest Sponsor is not responsible for the failure of any selected Contest winner to ensure he or she is able to meet all such conditions and any failure to meet such conditions may require a Grand Prize winner to forfeit the Grand Prize in whole or in part and for the Grand Prize to be awarded to another qualifying Team, all of the foregoing to be determined by the Contest Sponsor in its sole discretion.

Employees, directors and officers of Central Ontario Broadcasting, including CIND-FM (“Indie 88”), CKMB-FM and/or CFJB-FM, (individually and collectively, the “Contest Sponsor”), its agents, and any third party prize provider or sponsor, Contest advertising and promotional agencies and administrators, as well as immediate family members (parent, child, sibling and spouse and their respective spouses, regardless of where they reside) or household members (persons living in the same households as such individuals (whether related or not) of any of the foregoing, are not eligible to enter of participate in the Contest. The Contest is void where prohibited by law and is subject to all federal, provincial and municipal and local laws and regulations of Canada.

2. How to Enter and Win
The Contest sign up period begins on September 9, 2016 at 8:01 a.m. Eastern Time (“ET”) and ends on November 24, 2016 at 11:59PM. Contest execution period begins September 19, 2016 at 12:01 a.m. Eastern Time (“ET”) and concludes on November 25, 2016 at 11:59 p.m. ET (the “Contest Period”).

Internet access and a valid email account is required for each individual to enter this Contest as the only method to enter is online. Entrants who do not possess or have access to a computer in order to enter may access the internet at local public libraries. In addition Internet service providers offer free email accounts to the public.

Follow these steps to enter the Contest:

(a) Contest entrants must assemble a group of four (4) persons who all meet the eligibility criteria as above to form a “Team”. Each Team shall include one (1) team leader (each, a “Leader”) and three (3) other friends and/or family members of the Leader (each, a “Team Member”)

(b) Beginning at September 9, 2016 at 8:01 a.m. Eastern Time (“ET”) until November 24, 2016 11:59 p.m. ET (the “Contest Registration Period”), the Leader will go to the Indie 88 Contest page at https://indie88.com/may-the-best-friends-win/ to register him- or herself, including his or her name, city, province, postal code, email address and phone number, and to send three (3) “Invite Members” messages to the other three (3) Team Members. For avoidance of doubt, Leaders may not enter anyone other than him- or herself in the Contest. Instead, the Leader must use the “Invite Members” feature to notify the other three (3) Team Members to enter. Team Members will receive an individual email sent by the Contest Sponsor in order to register on their own behalf under the Team name. The Leader and the Team Members must register fully prior to the end of the Contest Registration in order to make the Team’s entry complete and eligible for entry.

NOTE: Only one (1) entry per Team is permitted during the Contest Period. A person may only designate him- or herself as a Leader once during the Contest Period and once as a Team Member of another Team, or, if a person is not a Leader, a person may join up to two (2) Teams during the Contest Period. For greater certainty, an individual has the opportunity to enter the Contest a maximum of two (2) times, once as a Leader of one Team, and another as a Team Member of another Team, or twice as a Team Member on two different Teams. Multiple entries beyond the permitted number of Contest entries by any Team or individual Team members will be discarded. Failure of a Leader and/or any Team members to meet the Contest eligibility criteria, adhere to the requirements hereunder and these Contest Rules at all times may result in the Team being disqualified in whole or in part from the Contest, at any time, to be decided in Contest Sponsor’s absolute and sole discretion.

Entries are subject to verification and will be declared invalid if they are found to be reproduced, falsified or tampered with in any way. In the event of a dispute as to the identity of a winner based on an account, the winning entry will be deemed to be made by the authorized account holder of the account at the time of entry of the Contest. If the Contest Sponsor discovers that any Contest entrant has attempted to use multiple or false names or identities to enter the Contest; then in the sole and absolute discretion of the Contest Sponsor such entrant and/or his or her Team may be disqualified from the Contest. Any attempted use of any automated, script, robotic or other systems to enter or disrupt this Contest is prohibited and is grounds for disqualification of the entire Team.

(c) Between September 19, 2016 at 12:01 a.m. ET through to November 25, 2016 at 11:59 p.m.ET (the “Call-in Period”), Leaders and their Team Members must listen to Indie 88 for a chance to hear the name of their Team Name and/or a Team Member’s name announced on-air during the following times: 9:00AM – 11:00PM Monday to Friday. If the mentioned Team does not call back within the allotted time frame their entry will be returned to the pool for a future draw.

If the name of a Team is announced on-air during the Call-in Period, the Team’s Leader and/or any of his or her Team Members has 8 (eight) minutes and eighty-one (81) seconds to call-in at [416 588 0881] to win, subject to these Contest Rules, an instant prize for the Team, such prize to consist of an experience or product in Ontario for 4 with an minimum retail value of $200(“Instant Prize”) and for a chance to qualify for the Grand Prize, as defined below. In the event that any entrant resides outside of the local calling area, standard long distance rates as charged by the entrant’s long distance service provider will apply. In addition, streaming Listeners may experience a delayed stream of Indie 88’s signal, depending on the memory capacity of your computer device and speed of internet connection. To ensure timeliness of a call-in, entrants may wish to listen to Indie 88 on their radio.

(d) At the end of the Call-in Period, the names of the qualifying Teams who had been selected during the Call-in Period will be entered into a pool of entries for a chance to win the Grand Prize.

(e) On November 28, 2016 at 7:00AM, the name of a Team will be randomly selected from all qualifying Grand Prize entries and will, subject to these Contest Rules, be awarded the Grand Prize.

3. Odds of Winning

Odds of winning depend on the total number of eligible entries received during the Contest Period.

4. The Grand Prize Description
Subject to these Contest Rules, the Grand Prize shall consist of a vacation for the winning Team (i.e., the Leader and the remaining Team Members) and $25,000 cash for each of the winning Team members, to be awarded upon return from the vacation.

The Grand Prize vacation shall consist of the following:

• The trip component of the Grand Prize shall consist of: all Inclusive Flight and Hotel to any beach destination sold on Expedia.ca through the Vacations tab from Toronto, Ontario to anywhere Expedia.ca flies.

The Team (his/her guest) must travel together on the same itinerary from the same departure airport in Toronto.

The total approximate retail value of the Trip is $10,000 CDN.

The Grand Prize cash award shall consist of the following:

• There is a total of 1 grand prize of $100,000 (one hundred thousand dollars) to be won. The prize will be payable by cheque in the name of each winning team member in the amount of $25,000 (twenty five thousand dollars) each.
(hereinafter, the “Cash”)

The total approximate retail value of the Grand Prize is $110,000 CDN.

5. Instant Prize and Grand Prize Conditions

(a) Instant Prize Conditions

All incidental and additional fees, costs and expenses not specifically included in the description of the Instant Prize, above, including but not limited are the sole responsibility of the Instant Prize winner (and/or guest where applicable).

(b) Grand Prize Conditions

(i) Trip Conditions Trip includes all Inclusive Flight and Hotel to any beach destination sold on Expedia.ca through the Vacations tab.

o All incidental and additional fees, costs and expenses not specifically included in the description of the Trip, above, including but not limited, travel-related fees and surcharges, additional ground or air transportation not described above, any required airport improvement fees, travel insurance including cancellation insurance and medical insurance, departure taxes, gratuities, costs associated with baggage fees, requisite travel documents, visas, or necessary vaccinations, or other expenses related to personal effects, are the sole responsibility of the Grand Prize winner. Note: The Contest Sponsor is not responsible for obtaining any Trip-related insurance, so it is highly recommended that the Grand Prize winner obtain cancellation, travel and out-of-country medical insurance;

o The Trip must be taken between January 1, 2017 (start date) and December 31, 2017 (end date) (“Trip Redemption Period”)

o The Grand Prize winners must have valid passports upon selection as Grand Prize winner, and any other travel documents which may be required for the Trip fulfillment. In addition, a valid credit card will be required for the purposes of hotel check-in and may be required for other Trip fee processing purposes. Failure to possess any of the foregoing, or if any reason the Grand Prize winners are unable to travel during the Trip Redemption Period may result in forfeiture of the Trip and/or an alternate qualifying Team(s) being awarded the Trip in whole or in part, all of the foregoing to be determined in Contest Sponsor’s sole and absolute discretion.

o All airline tickets are subject to flight variation, work stoppages, and schedule or route changes. Contest Sponsor reserves the right to structure travel routes and select hotels in their sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight except at the sole discretion of the Contest Sponsor.

o Elements of the Grand Prize trip (including, without limitation, airfare and lodging) may not be used towards loyalty programs.
 
(ii) Cash Conditions: The prize must be accepted as awarded. The Grand Prize will not be released until the Grand Prize winners first produce proof of having valid government issued identification, such as a valid driver’s license, or passport.

All federal, provincial, municipal, local and other taxes on Prizes and any other costs and expenses that are associated with Prize acceptance and use, that are not specifically included or provided as part of a Prize under these Contest Rules are the sole responsibility of the respective Prize winner.

The Contest Sponsor is not responsible for administering or ensuring compliance with the terms and conditions relating to the use and fulfillment of any Prize, whether in whole or in part.

6. Awarding of Prizes to Prize Winners
Unless otherwise specified below, the “Instant Prize” and the “Grand Prize” will be referred to as a “Prize”.

Selected Prize winners will be contacted by the Contest Sponsor by email and/or phone number of the Team Leader as he or she provided during the Contest Registration Period and notified that he, she or they have been selected as Prize winners of the Contest.Grand Prize winner will receive one phone call. Selected Prize winners will be required to reply to any such notification by the Contest Sponsor or its administrator for Prize fulfillment purposes. If the selected Prize winner is discovered to be ineligible after the Contest Sponsor have contacted him, her or them, the selected prize winner(s) may be required to forfeit the Prize and the Contest Sponsor reserves the right to award the Prize to an alternate eligible entrant. In addition, except as otherwise permitted by the Contest Sponsor, if the selected Prize winner(s) does not reply to any message notifying him, her or them that he, she or they have won a Prize within three (3) business days, claim the prize and satisfy any other Contest requirements, such winner may be required to forfeit the prize and another eligible entrant may be selected, to be determined in Contest Sponsor’s sole discretion.

Prize winners will be required to show valid photo identification and such other documents to verify eligibility as the Contest Sponsor may require in order for the Prize winners to claim and use the Prize. Before being awarded a Prize, Prize winners will be required to correctly answer a mathematical time-limited, skill-testing question without mechanical aid or assistance (a “Skill-testing Question”). In the case of the Grand Prize, each team member shall correctly answer the Skill-Testing Question to claim the Grand Prize.

Before being awarded the Grand Prize, the Contest Sponsor will require the individual Leader and all of the winning Team Members to execute and return an affidavit of eligibility and a Grand Prize winner release confirming compliance with these Contest Rules and acceptance of the Grand Prize as awarded, and a waiver liability acknowledging the non-liability of the Contest Sponsor, any third party co-sponsor or prize provider, and their respective affiliates, subsidiaries, advertising and promotional agencies and each of their respective officers, directors, employees, agents and contractors (individually and collectively, the “Releasees”), with respect to any aspect of the Contest or a Prize suffered by a Prize winner, or by his or her heirs, administrators, personal representatives or executor, including but not limited to any injuries, losses or damages relating to the Contest or a Prize, 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. Prize winners will also need to execute a publicity release acknowledging the right of the Contest Sponsor and their advertising and promotional agencies to use the Prize winner’s name, photo, voice or statements, without further compensation.

Prize winners must verify their eligibility and complete and return the Release to Indie 88 within 3 business days of being selected as a potential Prize winner.

7. Prize Substitution
Prizes must be accepted as awarded. Prizes are non-assignable, non-transferable, non-refundable, non-exchangeable and have no cash surrender value. There shall be no Prize substitution or exchange except substitutions or modifications of any Prize, in whole or in part, may be permitted by the Contest Sponsor (in its sole and absolute discretion) with an alternate prize of equal or greater value. Prize winners who are unable to claim or accept their Prizes as awarded, may be required to forfeit their rights to such Prizes or prize portions and another eligible entrant may be selected by the Contest Sponsor, all of the foregoing to be determined in its sole discretion.

8. Contest Sponsor’s Collection and Use of Personal Information
By entering the Contest, each entrant consents to the collection, use and distribution of his/her personal information (information that identifies him or her an entrant as an individual, such as email address, telephone number, address and/or city of residence and other forms of identification required by the Contest Sponsor for the purposes of implementing, administering and fulfilling this Contest and awarding a Prize). Contest Sponsor will not sell or transmit this information to third parties except for the purposes of administering this Contest. No additional correspondence will take place between the Contest Sponsor and the entrants except in connection with the Contest without the entrant’s or participants’ express consent. Any inquiry concerning the personal information held by the Contest Sponsor should be addressed to the Contest Sponsor. The Contest Sponsor does not knowingly collect personal information from anyone under the age of 13 However, if a parent or legal guardian of a child under the age of 13 believes that his or her child provided any personal data in connection with this Contest, such parent or legal guardian should contact the Contest Sponsor and request that the child’s personal information be delete d.

To view Indie88’s privacy policy, visit https://indie88.com/about/privacy-policy/

9. No Representations or Warranties

The Contest Sponsor does not make any representations or warranties, express or implied, as to the quality or fitness of a Prize. Prize winners understand and acknowledge that they may not seek reimbursement nor pursue any legal or equitable remedy from the Contest Sponsor should any Prize fail to be fit for its purpose or is in any way unsatisfactory to a prize winner.

10. Extension, Suspension or Termination of Contest

Subject to applicable law, if for any reason in the sole discretion of the Contest Sponsor, the Contest is not capable of running as originally planned, or if the administration, security, fairness, integrity or the proper conduct of the Contest is corrupted or adversely affected, including by reason of tampering, unauthorized intervention, fraud, technical failures, mechanical manipulation or any other causes beyond its control, the Contest Sponsor reserves the right to cancel, terminate, modify, amend, extend or suspend the Contest without prior notice or any liability.

11. Ownership of Entries/Content/Publicity Release

Subject to the use of entrants’ personal information in accordance with privacy laws, all entries shall become the property of the Contest Sponsor and its advertising and promotional agencies. All content provided by the entrant which is non-personal in nature, including not but limited to: answers to contest questions, comments or postings on Contest message boards (the “Content”) may be used by Contest Sponsor in the administration, fulfillment and promotion of the Contest throughout the world in all media in perpetuity. Contest entrants and Prize winners further agree that their audio reaction may be used for on-air promotional purposes. Entrants understands and acknowledges that Indie88 may contact him or her on-air without prior knowledge as a result of his or her participation in the Contest.

12. Limitation of Liability

By entering the Contest, entrants agree 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 any prize, or while preparing for, participating in any Contest-related or prize-related activity. The Releasees are not responsible for misdirected, lost, late, incomplete, undeliverable, stolen, destroyed or indecipherable entries or communications with entrants or prize winners due to any failure or technical malfunction of the telephone, computer systems or equipment, technical problems, or failures of any kind, lost or unavailable telephone or 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 entries that may cause damage to a user’s system or limit an potential entrant’s ability to participate in the Contest. If, for any reason, an entry is confirmed to have been erroneously deleted, lost or otherwise destroyed, corrupted or for any other reason not accepted as an entry into a particular Contest, your sole remedy is to receive a replacement entry for a different Contest.

13. Governing Law and Jurisdiction

All issues and questions concerning the construction, validity, interpretation, and enforceability of these Contest Rules, or the rights and obligations of the entrants, prize winners, Contest Sponsor or any other applicable parties in connection with this Contest, shall be governed by, and construed in accordance with, the laws of the Province of Ontario and/or the federal laws of Canada, as applicable

14. General Conditions

Subject to applicable laws, all decisions regarding the operation of the Contest and awarding of prizes shall be made by the Contest Sponsor in its sole discretion and are considered final, binding and not subject to appeal.

The Contest Sponsor may prohibit or disqualify any entrant or person from participating in the Contest or winning a prize if, in its sole discretion, it believes such entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or any unfair or unlawful practices or who attempt to annoy, abuse, threaten or harass any person or company associated with the Contest. Any attempt by an entrant or any other person to deliberately undermine the legitimate operation of a Contest may be in violation of criminal and civil laws, and the Contest Sponsor reserves the right to seek remedies and damages or other relief (including lawyers’ fees) from any such Contest entrant or person, to the fullest extent permitted by law.

If any provision of these Contest Rules is held invalid by any law, rule, order or regulation of any government or by the final determination of any court of a competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions not held to be invalid.

By entering a Contest, entrants agree: (a) to be bound by these Contest Rules and by all applicable laws and decisions of the Contest Sponsor, which shall be binding and final; (b) to waive any rights to claim ambiguity with respect to these Contest Rules; (c) to waive all of their rights to bring any claim, action, or proceeding against any of the Contest Sponsor or the Releasees in connection with the Contest, or any Prize; and (d) to forever and irrevocably agree to release, defend, indemnify, and hold harmless each of the Contest Sponsor and/or the Releasees from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability costs and expenses (including, without limitation, reasonable outside attorneys’ fees) that may arise in connection with: (i) the Contest, including but not limited to the entrant’s participation or inability to participate in the Contest, (ii) typographical or printing errors in these Contest Rules or any Contest materials, (iii) any change in any Prize (or any components thereof) due to unavailability, or due to reasons beyond the Contest Sponsor’s reasonable control, (iv) any interruptions in or postponement, cancellation, or modification of the Contest, (v) human error, (vi) incorrect or inaccurate transcription, receipt or transmission of any entry, (vii) any technical malfunctions or unavailability of any telephone network or computer hardware, software or internet connection, (viii) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (ix) any late, lost, stolen, mutilated, misdirected, illegible, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged entries or releases (x) any wrongful, negligent, or unauthorized act or omission on the part of any of the Releasees, (xi) lost, late, stolen, misdirected, damaged or destroyed prizes (or any element thereof), or (xii) the negligence or willful misconduct by the entrants. THE CONTEST Sponsor and ReleaseES are not responsible for any injury or damage, whether TO THE ENTRANT OR TO ANY OTHER person or TO ANY property, related to or resulting from THE ENTRANT’S participatiOn in THE CONTEST and/or acceptANCE OF any Prize. By participating in THE CONTEST, ENTRANTS expressly assume all liability and responsibilty for THEIR participation and agree that participation is solely at your own risk.

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