SHARE YOUR LOVE FOR BC CONTEST: OFFICIAL RULES AND REGULATIONS
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.
The following contest is open to legal residents of British Columbia who are at least 19 years of age. Please do not enter if you are not a resident of British Columbia.
IMPORTANT: : PLEASE READ THESE OFFICIAL RULES AND REGULATIONS (“OFFICIAL RULES ”) BEFORE ENTERING THE “SHARE YOUR LOVE FOR BC CONTEST” (THE “CONTEST ”) ORGANIZED BY DESTINATION BC CORP., DOING BUSINESS AS DESTINATION BRITISH COLUMBIA (“SPONSOR ”).BY ENTERING THIS CONTEST, YOU REPRESENT THAT YOU SATISFY ALL OF THE ELIGIBILITY AND OTHER REQUIREMENTS IN RULES 1 AND 2 BELOW AND THAT YOU HAVE READ AND UNDERSTOOD THESE OFFICIAL RULES, AND YOU AGREE, AND ARE CONCLUSIVELY DEEMED TO HAVE AGREED, TO BE BOUND UNCONDITIONALLY BY THESE OFFICIAL RULES.
1. HOW TO ENTER
Contest begins at 12:00:01 a.m. Pacific Time (“PT”) on February 22, 2021 and ends at 11:59:59 p.m. PT on March 26, 2021 (the "Contest Period "). To participate in the Contest, individuals may, during the Contest Period, submit an entry online by visiting www.hellobc.com/share-your-love-for-bc-contest/ (the “Website ”) and: (a) completing and submitting the online entry form (the “Entry Form ”); and (b) uploading with their Entry Form, in response to the question “What do you love most about BC? (the “Contest Question ”), a photo which may, but is not required to, be accompanied by a story of 250 words maximum (the photo and, as applicable, the accompanying story each “Submission ”). All Submissions must comply with the Minimum Criteria (as defined in Rule 3). Individuals who do not wish to provide a Submission may enter the Contest by downloading and printing the Entry Form and mailing the completed Entry Form to: 12th Floor, 510 Burrard Street, Vancouver, BC, V6C 3A8, Attention: Marketing Coordinator. Limit of one entry (each an “Entry ”), regardless of method of Entry, per individual. If an individual submits multiple Entries, only the first Entry will be counted and all subsequent Entries will be automatically discarded. All Entries must be manual. Automated Entries are prohibited, and any use of automated devices will result in disqualification from the Contest. Separate data charges may apply for online Entries submitted using a mobile device.
2. ELIGIBILITY
To be eligible to participate in the Contest by submitting an Entry, you must, at the time of submitting your entry:
(a)be a legal resident of British Columbia; and
(b) have reached the age of 19.
You are not eligible to participate in the Contest by submitting an Entry if you are: (a) an employee, representative or agent of Sponsor; (b) a contractor of Sponsor assisting Sponsor with the promotion of the Contest (a “Contracto r”); (c) a tourism organization or business assisting Sponsor with the promotion of the Contest (a “Tourism Organization ”); (d)an employee of a representative or agent of Sponsor or of a Contractor or a Tourism Organization (an “Employee ”); (e) an immediate family member (defined as mother, father, brother, sister, son, daughter, or spouse, regardless of where you reside) of an Employee (a “Family Member ”); or (f) a person domiciled with an Employee or a Family Member.
At any time, Sponsor will have the right to request from any individual who has participated in the Contest by submitting an Entry (each an “Entrant ”), proof of identity and/or eligibility to participate. Failure to provide proof within a reasonable time or the provision of false or misleading information could result in the Entrant’s disqualification. Contest is subject to all applicable federal, provincial and local laws and regulations. Sponsor reserves the right to disqualify any Entrants who, in Sponsor’s sole discretion, do not comply with these Official Rules or who otherwise tamper with the entry process.
3. MINIMUM CRITERIA AND TERMS OF USE FOR SUBMISSIONS
Entrants submitting online Entries must ensure that their Submission: (a) aligns with the Contest Question; (b) includes only image files that are 10MB or less and, if the Submission includes a story, does not exceed the maximum word limit (250 words); (c) is the original work of the Entrant or has been provided to or obtained by the Entrant before entering the Contest from the rightful owner(s) with all necessary rights, permissions and licenses, including the rights, permissions and licenses necessary to grant to Sponsor the license set out in this Rule 3; (d) does not contain identifying information (including image, name or any other personal information) about themselves or any other individual; (e) does not actually or potentially infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other right of any person or entity; and (f) does not contain material that is obscene, unlawful, threatens or is hateful towards a specific group of people, falsely claim to represent a person or organization or is otherwise objectionable or inappropriate, as determined by Sponsor in its sole discretion (collectively, the “Minimum Criteria ”). Any Entry that includes a Submission that does not meet the Minimum Criteria will not be considered and will be automatically discarded.
Sponsor reserves the right to review all Submissions and, in its sole discretion, to disqualify from participation in the Contest any individual who uploads a Submission that does not comply with the requirements set out in these Official Rules, including the Minimum Criteria described in this Rule 3.
You retain ownership of any wholly original Submission uploaded by you. You represent and warrant that your Submission complies with all of the requirements set out in these Official Rules, including the Minimum Criteria described in this Rule 3.
By uploading your Submission and participating in the Contest, and in consideration of the opportunity to be selected to win a Prize (as defined in Rule 4) and of other good and valuable consideration (the receipt and sufficiency of which you hereby acknowledge), you hereby grant to Sponsor in respect of your Submission, effective on the date the Submission is uploaded to the Website and ending on December 31, 2021: (a) a non-exclusive, royalty-free, worldwide license to exercise, in respect of your Submission, all of the copyright owner’s rights as set out in the Copyright Act (Canada), in all formats, media and technologies now known or hereafter developed, including Sponsor’s social media, consumer websites, email marketing and other online forums (collectively, “Sponsor’s Online Channels ”), for any and all purposes in connection with the Contest and other tourism-related marketing initiatives; and (b) the right to sublicense all such rights to (i) Tourism Organizations for the sole purpose of allowing Tourism Organizations to assist Sponsor with the promotion of the Contest, including on Tourism Organizations’ own online channels (“Toursim’s Organizations' Channels ”), and (ii) Sponsor’s contractors and subcontractors (collectively, “Service’s Providers ”) for the sole purpose of allowing those Service Providers to assist Sponsor in the exercise of its licensed rights as set out above. Without limiting the foregoing, you agree that: (a) Sponsor or its Service Providers may modify your Submission as Sponsor may choose, in its sole discretion; and (b) to the extent that you may have any moral rights in your Submission, you hereby waive all such moral rights in favour of Sponsor, Tourism Organizations and Sponsor’s Service Providers. Notwithstanding the foregoing, Sponsor will, wherever practicable (as determined by Sponsor in its sole discretion), provide you with credit in connection with your Submission.
You agree that under no circumstances will Sponsor or any of its respective agents, employees, Service Providers, successors or assigns, or any Tourism Organizations (collectively, the “Released Parties ”) be liable to any person or entity for any direct, indirect, special, incidental, consequential or other losses or damages of any nature whatsoever in connection with: (a) any use pursuant to these Official Rules of any Submission uploaded by you; (b) any use by you of the Website or any other website to which the Website is linked; or (c) any failure by you to abide by these Official Rules, even if Sponsor or any of the other Released Parties has been specifically advised of the possibility of any such losses or damages.
You agree to indemnify and hold harmless the Released Parties from and against all claims, demands, obligations, losses, liabilities, costs, debts and expenses (including reasonable legal fees) in connection with: (a) any use pursuant to these Official Rules of any Submission uploaded by you; (b) your use of the Website or any other website to which the Website is linked; (c) your violation of any provision of these Official Rules; (d) your violation of any third party right, including any claims or actions based on infringement or violation of third party intellectual property rights, libel or slander or other defamation, rights of privacy or rights of publicity of any person or entity; and (e) any claim that any Submission uploaded by you caused damage to a third party.
You agree, at the request of Sponsor, to: (a) provide to Sponsor written documentation confirming that you have obtained all necessary rights, permissions and licenses in connection with any Submission that is, in whole or in part, not your original work, as described in this Rule 3; and (b) sign a written acknowledgment of your acceptance of these Official Rules, including the provisions of this Rule 3.
4.PRIZE AND PRIZE DELIVERY
There are a total of ten (10) prizes (each a “Prize” ) available to be won, each consisting of gift certificates or vouchers to, or credits to be applied at, up to three (3) local BC businesses in the Prize winner’s community. Gift certificates, vouchers or credits will be purchased by Sponsor with input from the Prize winner, and are available (as applicable based on availability in the Prize winner’s community) for the following categories: (a) restaurants and cafes; (b) golf courses; (c) artisan shops and boutiques; (d) wineries, breweries and distilleries; (e) local attractions; (f) activity equipment rental shops (e.g., snowshoes, kayaks); (g) museums and galleries; and (h) artisan/farmers’ markets. The total approximate retail value of each Prize is $500 CDN.
All incidental costs and expenses not specifically referred to in these Official Rules are not included and are the sole responsibility of the individual receiving the Prize.
All Prize winners are solely responsible for use of their Prize. Prizes are not transferable and must be accepted as awarded. Prizes cannot be substituted or redeemed for cash or otherwise, except in Sponsor’s sole discretion. Sponsor reserves the right, at its sole discretion, to refuse, amend or otherwise change any and all components of any Prize. Sponsor reserves the right to substitute any or all components of any Prize for components of equivalent or greater value (as determined by Sponsor in its sole discretion) if any Prize or any component thereof cannot be awarded as described for any reason. Sponsor will not be responsible if factors beyond Sponsor’s reasonable control prevent any Prize or any component thereof from being fulfilled. In any such event, Sponsor reserves the right not to substitute prizes or cash equivalents. Sponsor also reserves the right, at any time and in its sole discretion, to select an alternate potential winning Entrant in accordance with these Official Rules should any selected Entrant be unable or willing to comply with these Official Rules, or otherwise unable or unwilling to accept the offered Prize. Prizes will only be delivered to confirmed Prize winners, as further described in these Official Rules.
Method of pick up or delivery of Prizes will be confirmed by Sponsor with the local businesses selected by the Prize winners and communicated by Sponsor to the Prize winners. Prize winners are solely responsible for following any applicable instructions provided by the local businesses regarding pick up of Prizes. Sponsor is not responsible for any failure of the local businesses to deliver any Prize (or part thereof), or for any Prize winner’s failure to pick up any Prize (or part thereof).
5. SELECTION OF PRIZE WINNERS
At approximately 3:00 p.m. PT on March 29, 2021, ten (10) Entries will be selected by Sponsor by random draw in Vancouver, British Columbia from all eligible Entries submitted during the Contest Period. Odds of winning are dependent upon the total number of eligible Entries received during the Contest Period.
Following the random draw, Sponsor will attempt to contact each selected Entrant by email at the email address provided in the Entrant’s Entry once per day for two (2) consecutive business days (Monday through Friday, excluding statutory holidays). The selected Entrant will have a further twenty-four (24) hours from the time the last attempt to contact that selected Entrant was made to respond to Sponsor via email, phone or voicemail. If a selected Entrant does not respond as required under this Rule 5, or responds but is deemed to be ineligible in Sponsor’s sole discretion, or is unable or unwilling to comply with these Official Rules, that selected Entrant will be disqualified and another potential winning Entrant for will be randomly selected from the remaining eligible Entries and contacted in accordance with this Rule 5. Sponsor is not responsible for any change in an Entrant's email address or for any failure whatsoever of an Entrant to receive Sponsor’s notification or for Sponsor to receive a selected Entrant’s response.
Before being declared a Prize winner, each selected Entrant must first correctly answer, without assistance of any kind, whether mechanical or otherwise, a time-limited mathematical skill testing question to be administered by Sponsor by phone. If a selected Entrant fails to correctly answer the mathematical skill testing question, that Entrant will be disqualified and another potential winning Entrant will be randomly selected from the remaining eligible Entries using the process set out in this Rule 5.
6. RELEASE
Before being declared a Prize winner, the selected Entrant will be required to sign a declaration of eligibility and release form (the “Release ”) confirming that the selected Entrant: (a) has complied and agrees to comply with these Official Rules, including obtaining the permissions, consents, rights and licenses as described in Rule 3; (b) accepts the Prize as offered; (c) will keep the winning notification confidential until notified by Sponsor; (d) releases the Released Parties, Facebook, Inc., Instagram, Inc. and any other parties to be added to the Release in Sponsor’s sole discretion from any and all liability arising from the Entrant’s participation in the Contest or the Entrant’s acceptance, use, misuse or awarding of the Prize; (e) indemnifies the Released Parties from any and all losses that the Released Parties may incur arising out of any act or omission by the Entrant in connection with the Contest and/or the Prize; (f) except where prohibited by law, acknowledges Sponsor’s and its authorized representatives’ unrestricted right to publish and/or broadcast the Entrant’s name, city and Submission without further compensation other than the Prize offered; and (g) waives in favour of Sponsor any moral rights that the Entrant may have in the Entrant’s Submission. The wording of the Release will be determined by Sponsor, in its sole discretion. Sponsor may also add such other terms and conditions to the Release as Sponsor, in its sole discretion, may deem necessary.
The selected Entrant must return the Release by the date indicated on the document. If the Release is not returned within the time specified or is returned as non-deliverable, or if the selected Entrant is disqualified for any other reason, the selected Entrant may be required to forfeit the Prize in its entirety, at Sponsor’s sole discretion. If the Prize is forfeited in accordance with this Rule 6, another potential winning Entrant will be selected from the remaining eligible Entries in accordance with these Official Rules.
7. PRIVACY
By participating in the Contest by submitting an Entry:
(a) you acknowledge that your name, email address, city and, where necessary for Prize fulfillment, mailing address (collectively, your “Personal Information ”) are being collected by Sponsor for the purposes of (i) your participation in, and the operation, administration and promotion of the Contest, including the use of your Submission in accordance with these Official Rules, and (ii) the operation, administration and promotion of other tourism-related marketing initiatives of Sponsor (the “Purposes ”);
(b) you consent to (i) the disclosure of your Personal Information by Sponsor to Tourism Organizations and Sponsor’s Service Providers for the Purposes, (ii) the use and storage of your Personal Information by Sponsor, Tourism Organizations and Sponsor’s Service Providers, inside or outside of Canada, for the Purposes, (iii) the public disclosure of, and provision of access to, your name by Sponsor, Tourism Organizations and Sponsor’s Service Providers, inside or outside of Canada, including on Tourism Organizations’ Channels and Sponsor’s Online Channels, for the purpose of providing you with credit in connection with your Submission, and (iv) if you are selected as a Prize winner, the public disclosure by Sponsor of your name and city, inside or outside of Canada, including on Sponsor’s Online Channels, for the purpose of acknowledging you as a Prize winner; and
(c) you also consent if, at the time of submitting your Entry you indicated that you wish to receive travel-related email communications from Sponsor, to (i) Sponsor, inside or outside of Canada, using and storing your name, email address and travel interests and disclosing and allowing access to that information by Sponsor’s Service Providers and others, for marketing purposes, and (ii) Sponsor’s Service Providers, inside or outside of Canada, using and storing that information and disclosing and allowing access to that information by others, for such purposes.
The consents listed above are effective as of the date on which you submit your Entry and will not expire unless revoked by you in writing to the contact listed below.
Your Personal Information is collected pursuant to section 26 (c) of the Freedom of Information and Protection of Privacy Act (BC) for the purposes described in this Rule 7. Questions regarding the collection of your Personal Information may be directed to: Chief Financial Officer, 12th floor, 510 Burrard Street, Vancouver, BC, V6C 3A8, tel: (778) 572-5251 . Your Personal Information will not be shared with any third parties, except in accordance with these Official Rules and as may be required by law. You acknowledge that you understand that your personal information is collected by Sponsor, and not by Facebook, Inc. or Instagram, Inc..
8. LIMITATION OF LIABILITY
Sponsor assumes no responsibility for and under no circumstances will Sponsor or any other Released Party be liable to any person or business entity for any direct, indirect, special, incidental, consequential or other damages based on any Entrant’s participation in the Contest, including for: (a) Entries which are incomplete, unintelligible, lost, late or misdirected; (b) technical failures of any kind, including failure of the Internet, the Website or any other website, during the Contest Period, any problems, failure or technical malfunction of any telephone network or lines, online or electronic systems, servers, access providers, computer hardware or software, incomplete, garbled or delayed Internet/e-mail computer or mobile device transmissions on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof or other failures related to hardware, software or virus; (c) unauthorized human intervention in any part of the entry process or the Contest; (d) technical or human error related to the administration of the Contest or the processing of Entries; (e) any injury, loss or damage of any kind which may be caused, directly or indirectly, in whole or in part, from any Entrant’s participation in the Contest, including any use, misuse or inability to use any Prize or any component thereof; (f) any use of the Website or any other website to which the Website is linked (including any injury or damage to an Entrant’s or any other person's computer or mobile device relating to or resulting from participation or downloading any materials in this Contest); or (g) any Entrant’s failure to abide by these Official Rules. The limitations of liability set out in this Rule 8 apply, without limitation, to any lost profits, business interruption or loss of programs or information and will apply even if Sponsor has been specifically advised of the possibility of such damages.
9. RELEASE BY ENTRANT
By participating in the Contest by submitting an Entry, you hereby release the Released Parties, Facebook, Inc. and Instagram, Inc. from any and all liability whatsoever, and waive any and all causes of action, related to any injury, loss or damage of any kind to any person or persons, whether intentional or unintentional, related to or resulting in whole or in part, directly or indirectly, from your participation in this Contest.
You hereby acknowledge that you understand that the Contest is organized solely by Sponsor and its authorized representatives, and that the Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook, Inc. or Instagram, Inc..
10. WARRANTY DISCLAIMER
The Website and all of the information it contains is provided “as is” without warranty of any kind, whether express or implied. To the extent permitted by applicable law, all implied warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby expressly disclaimed. All Prizes are awarded “as is” and without warranty of any kind, express or implied.
11. MISCELLANEOUS
All decisions of Sponsor will be final and binding in all matters relating to this Contest. Sponsor reserves the right, without prior notice, to cancel, terminate, modify or suspend the Contest if, for any reason, the Contest is not capable of running as planned or if the administration, security, fairness, integrity, or proper conduct of the Contest is corrupted or adversely affected, including by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond its control. In the event of cancellation of the Contest, Sponsor may, in its sole discretion, randomly select the winning Entries from all eligible Entries received prior to cancellation in accordance with the process set out in Rule 5. Sponsors reserves the right to amend the Official Rules without prior notice if any factor interferes with the proper conduct of the Contest as contemplated by these Official Rules.
These Official Rules are governed by, and are to be construed in accordance with, the laws of the province of British Columbia and the federal laws applicable therein. By entering the Contest, the Entrant consents to the exclusive jurisdiction and venue of the Supreme Court of the Province of British Columbia, sitting in Vancouver.
In these Official Rules: (a) “including” is not intended to be limiting; (b) headings have been inserted for convenience only; and (c) the singular will also imply the plural, and vice versa, as the context requires. If any term or provision of these Official Rules is invalid, illegal or unenforceable, all other terms and provisions of these Official Rules will nonetheless remain in full force and effect.
12.OFFICIAL RULES AND WINNERS LIST
For a copy of these Official Rules or for the name of the declared Prize winners, send a request along with a self-addressed stamped envelope to:Manager, Strategy & Channel Integration, 12th Floor, 510 Burrard Street, Vancouver, British Columbia, V6C 3A8 . You must specify whether you are requesting a copy of the Official Rules, the name of the declared Prize winners or both.
13. INTELLECTUAL PROPERTY
All intellectual property associated with the Contest, including but not limited to trademarks, trade names, logos, designs, promotional materials and web pages, are owned by Sponsor and/or Sponsors’ licensors. All rights are reserved. Unauthorized copying or use of any copyrighted material or intellectual property without the express written consent of Sponsor or its licensors, as applicable, is strictly prohibited.
14. DISCREPANCY
In the event of any discrepancy or inconsistency between a term or condition of these Official Rules and any statement or other information contained in any Contest-related materials, including but not limited to the Website, the Entry Form, or any print or online advertising materials, the terms and conditions of these Official Rules shall control.
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