CONTEST RULES

(the “Official Rules”)

 

KiSS 1053 Sing Your Way To Sandals

(the “Contest”)

  1. ENTRY PERIOD & CONTEST SPONSORS.

 

(a) The Contest is brought to you by the following entities (collectively or individually, the “Contest Sponsors”): KiSS 1053 (the “Station”), a radio station owned and operated by Rogers Media Inc. (“Rogers”), and Sandals South Coast Resort (“Sandals”).

 

(b) The Contest entry period (the “Entry Period”) starts at 6:00 a.m. on Monday, January 15th, 2018 and continues until 7:00 p.m. on Friday, February 9th, 2018.  All times are Eastern.

 

  1. HOW TO ENTER.

 

(a) No purchase is necessary to enter this Contest.  Entry is subject to these Official Rules, including without limitation the conditions of entry set forth below.

 

(b) Listen to the Station any weekday during the Entry Period from approximately 6:00 a.m. to 7:00 p.m. for your Sing Your Way To Sandals Cue to call. When you here the cue to call, be caller 15 at 613-750-1053. If you are the 15th caller you will have the opportunity to become a qualifier. To qualify you will have to know the exact lyrics to the chosen song. A song clip from that song will be played and stopped, when the song lyric stops you have to finish the lyric with the exact wording. If you can not finish the lyric you will not become a qualifier. There is only one attempt per cue to call. The song will change with every cue to call.

 

If the telephone line is dead when answered by a Station representative, or no audible response is heard, or no one responds after five seconds, the Station will answer the next call in sequence and the next call in sequence will replace that call, deeming such next caller to be the selected eligible caller, and so on and so forth.  In the event a call is cut off before all personal data is collected, the Station will use reasonable efforts to make contact with the cut-off caller, provided enough personal information was gathered in order to correctly identify the cut-off caller.  In the event two or more calls come through on the same line, all such callers will be advised to hang up and try again and the next call in sequence will replace that call.  Collect telephone calls are accepted.

 

(f) LIMIT: There is a limit of one (1) Eligible Qualification per person per week.  You may only become a Qualifier once in respect of each prize draw weekly. Qualifiers do not carry over from week to week.

 

(g) Any attempt or suspected attempt to enter this Contest in a fashion not authorized by these Official Rules shall be deemed to be tampering and will void all of your entries.  Entries that contain false information and/or are late, lost, stolen, falsified, illegible, damaged, misdirected, mutilated, garbled or incomplete, altered or otherwise irregular or entries that have been submitted using robotic, automated, programmed, or through illicit means, or that do not conform with or satisfy any or all of these Official Rules, as determined in the Contest Sponsors’ absolute discretion, will be judged null and void and disqualified.  Only entries received by Rogers will be considered.  Proof of entry transmission shall not constitute proof of receipt.  Rogers reserves the right to refuse any entry in its absolute discretion.

 

(h) Although this Contest may be communicated, promoted, or administered by means of any third party social media or social networking service or site (each, a “Third Party Service”), entrants acknowledge that: (i) this Contest is not sponsored, endorsed or administered by, or associated with, any Third Party Service; (ii) if entry into this Contest is by means of a Third Party Service, entrants must have a valid account with the applicable Third Party Service (and may be required to have a public (i.e. non-private) account in order to participate) and must comply with the applicable Third Party Service’s terms and policies; and (iii) any questions, comments or complaints regarding this Contest should be directed to the Contest Sponsors and not to any Third Party Service.  By participating in this Contest, you completely release any Third Party Service of all liability in relation to any injury, damage or loss that may occur, directly or indirectly, in whole or in part, from your participation.

 

 

  1. CONDITIONS OF ENTRY.

 

By entering this Contest, you:

 

(a) agree to be bound by these Official Rules, including without limitation the eligibility requirements set forth below;

 

(b) agree to be bound by the decisions of the Contest Sponsors and their representatives, or the Contest judges (if any), which decisions are final, binding and conclusive (without appeal) on all matters relating to the Contest;

 

(c) represent and warrant that your entry, including any material comprising your entry (e.g. name, user name, profile picture, etc., as applicable) and any material submitted with your entry (e.g. photograph, video, written submission, or other form of submission, etc., as applicable) (collectively, the “Entry Material”) (i) is original to you, and that you have all necessary rights in and to your Entry Material to enter the Contest, including, without limitation, the consent of any third parties whose personal information is included in your Entry Material, and (ii) does not contain, depict, include or involve content that is, or could reasonably be considered to be, inappropriate, unsuitable or offensive, as determined by Rogers in its sole discretion;

 

(d) understand and agree that: (i) your entry (including any Entry Material) may not be returned to you upon submission to the Contest and may be refused as entry to this Contest, as determined by Rogers in its sole discretion; and (ii) Rogers may, in its absolute discretion, moderate and/or remove and/or edit any Entry Material, including to blur out any trademarks or to remove any copyrighted content or otherwise unsuitable content (as determined by Rogers);

 

(e) grant to Rogers a worldwide, perpetual, royalty-free, irrevocable, non-exclusive, sub-licensable and unlimited license to use your entry, including the Entry Material, in any media and for any purpose related to the Contest (or any substantially similar contest), including without limitation the right to use, reproduce, modify, adapt, translate, alter, or create derivative works from, the entry and/or Entry Material, without notification, compensation or additional consideration to you; and

 

(f) waive all claims of moral rights in your entry and/or Entry Material and in any use thereof in accordance with these Official Rules.

 

  1. ELIGIBILITY.

 

(a) This Contest is open to Canadian residents who are 19 years of age or older as of the date of entry and who reside within the listening range of the Station.  For greater certainty, “within the listening range of the Station” means that you must be able to access the Station’s terrestrial broadcast without recourse to satellite radio, the Internet (including, without limitation, simulcasting), cable television, an application (including, without limitation, a web, digital or telephone application), or any other non-traditional listening device or tool.  Whether or not an individual resides within the listening range of the Station will be determined by Rogers in its sole discretion.

 

(b) The following individuals are not eligible to enter the Contest:

(i) employees, officers, directors, agents, and representatives of: (1) the Contest Sponsors and their parent and affiliated companies, (2) the Contest prize supplier(s), (3) the Contest judges, if applicable, and (4) any and all other companies associated with the Contest;

(ii) a household member of any of the individuals listed in (i), above, whether or not related.

 

(c) The Contest Sponsors shall have the right at any time to require proof of identity and/or eligibility to enter the Contest.  Failure to provide such proof may result in disqualification.  All personal and other information requested by and supplied for the purpose of the

Contest must be truthful, complete, accurate and in no way misleading.  The Contest Sponsors reserve the right, in their sole discretion, to disqualify any entrant should such an entrant at any stage supply untruthful, incomplete, inaccurate or misleading personal details and/or information.

 

  1. PRIZE DESCRIPTION.

 

(a) Entrants are eligible to win one (1) of three (3) prizes (each, a “Trip Prize”), each consisting of:

 

  1. i) Round-trip economy airfare for the winner and one (1) guest (collectively, the “Travellers”) from Ottawa International Airport to Antigua or Jamaica; and
  2. ii) One (1) hotel room (standard room, based on double occupancy) for seven (7) nights in St. John’s Antigua or any Jamaica Resort (Royal Plantation Resort not included), at the Sandals South Coast Resort, on dates to be determined by the Contest Sponsors.

 

(b) Total approximate retail value of each Trip Prize is $5,000 CDN.  Actual retail value will vary based on flight schedule.  Hotel room selection to be made and coordinated by the Contest Sponsors in their sole discretion.  All prize details, including exact flight times, to be determined in the absolute discretion of the Contest Sponsors or prize suppliers, as applicable, subject to availability.

 

(c) In addition to those terms and conditions set out elsewhere in these Official Rules, each Trip Prize awarded pursuant to these Official Rules is subject to the following terms:

 

  • Winner’s guest must be a Canadian resident, over the age of 19 and must sign and return a release of liability and consent to publicity form prior to issuance of travel documents and participation in any prize activity.

 

  • Tickets are subject to certain terms and conditions as specified by issuers.  Blackout dates may apply.  Documentation that is reasonably necessary for the Contest Sponsors and/or prize supplier(s) to book the Trip Prize for the Travellers (e.g. passport number) must be supplied to the Contest Sponsors and/or prize supplier(s), as applicable, or their representatives or agents, upon request, and failure to do so may result in the forfeiture of the Trip Prize at the absolute discretion of the Contest Sponsors and/or prize supplier(s).  The Travellers must travel together on the same itinerary and are solely responsible for ensuring they have all necessary travel documents prior to travel (e.g., valid passport).

 

  • Winner shall be required to pay (on his/her own behalf and on behalf of his/her guest) an aggregate $25 US per night processing fee (total: $175 US), which fee must be paid by credit card prior to travel, as instructed by Sandals.  Failure to pay such fee will result in the winner’s forfeiture of the Trip Prize.  A valid credit card will also be required for check-in at the Sandals resort.

 

  • Documentation that is reasonably necessary for the Contest Sponsors or prize suppliers to book a Trip Prize for the applicable Travellers (e.g. passport number) must be supplied to the Contest Sponsors or prize suppliers, as applicable, or their representatives or agents, upon request, and failure to do so may result in the forfeiture of the applicable Trip Prize at the absolute discretion of the Contest Sponsors and/or prize suppliers.

 

  • Travellers are responsible for any additional expenses not included in the Trip Prize as described herein, including, but not limited to, travel and health

insurance, transportation costs, taxis, checked baggage fees, excess baggage fees, and recreational activities.

 

  • The Releasees (defined below) are not responsible in the event that any Traveller is denied the ability to fly out of or into any particular airport, whether due to airport restrictions or otherwise, nor are they responsible for any cancellations, delays, diversions or any other changes made by any transportation and/or travel companies, hotels, air carriers, or others providing or arranging any travel or prize-related services or accommodations, including, without limitation, any resulting changes in services or accommodations.  All tickets issued in connection with a Trip Prize are not eligible for frequent flyer miles.  Once reservations are made, they cannot be changed.  Other restrictions may apply.

 

  • No refund or compensation will be made in the event of the cancellation or delay of any flight.  The Releasees (defined below) shall have no responsibility for trip cancellations, alterations, weather delays, weather cancellations or other changes to the trip itinerary (whether having the effect of lengthening or shortening the trip itinerary) and, by participating in the prize activity, each Traveller acknowledges and accepts such risks, and agrees that the Contest Sponsors and/or prize supplier(s), as applicable, are only responsible for the prize elements as listed in these Official Rules, subject to the terms and conditions herein contained, and are not responsible for any additional costs or expenses that may be incurred by any Traveller as a result of such changes in itinerary.

 

  • Travellers agree to maintain behaviour in accordance with all applicable laws and generally accepted social practices in connection with participation in the Contest or Trip Prize-related activity.  Travellers understand and agree that the Contest Sponsors or prize suppliers have the right, in their sole discretion, to disqualify and remove any Traveller from any activity at any time if such individual is, at any point, uncooperative, disruptive, or may cause (or has caused) damage to person, property, or the reputation of the Contest Sponsors or prize suppliers.

 

Tickets are subject to certain terms and conditions as specified by issuers.  Trip Prize must be redeemed between April 1, 2018 and December 15, 2018 for an All Inclusive Trip for Two to Sandals Grande Antigua or any Sandals in Jamaica (exception of the Royal Plantation not included).  Exact travel dates to be determined by the Contest Sponsors and prize suppliers, as applicable in their sole discretion, subject to availability.

 

  1. ODDS OF WINNING.

 

Odds of winning a prize depend on the number of eligible Qualifiers determined per prize draw, as more particularly detailed in Section 8 of these Official Rules, below.

 

  1. GENERAL PRIZE CONDITIONS.

 

The terms and conditions contained in this Section apply to any and all Contest prize(s) awarded pursuant to these Official Rules:

 

(a) No financial compensation will be made or required if actual prize value is lower than the total value quoted in these Official Rules.

 

(b) Prize must be accepted as awarded, without substitution, transfer, exchange or assignment, unless otherwise determined in the absolute discretion of the Contest Sponsors and/or prize supplier(s).  Prize may not be exactly as advertised.  Except as expressly warranted herein, prize is provided “as is” without further warranty of any kind.

 

(c) Any unused portion of the prize, once awarded, will be deemed forfeited by the applicable winner, and no financial compensation will be made or required in respect of such unused portion.  Prize will not be replaced if lost, destroyed, mutilated or stolen.

 

(d) The Contest Sponsors and/or the prize supplier(s) reserve the right, in their absolute discretion, to substitute a prize or a component of a prize with a prize or a component of a prize (as applicable) of equal or greater value, including, without limitation, a monetary award, if the prize or prize component cannot be awarded by the Contest Sponsors and/or the prize supplier(s) for any reason.

 

(e) Once awarded, prize may not be resold or commercially traded in any manner, directly or indirectly, and Rogers reserves the right to ban or disqualify any entrant from any contest, including future contests, should it reasonably believe such entrant to have acted or attempted to act in contravention of the foregoing restriction.

 

  1. DRAW.

 

  • A random draw by a representative of the Station will be made at approximately 10:00am on each of the following days January 21, 28, and February 4 (each, a ”Draw Date”), from among all eligible Qualifiers each week. The drawn winner will be contacted the next day live on the air.

 

(b) Only one Qualifier will be selected per Draw Date, and such Qualifier will be deemed a potential prize winner.  The name of any potential winner may be announced on-air by a Station representative; and, in any event, an attempt will be made to contact each potential winner within one (1) business day of the applicable Draw Date. A potential winner will be disqualified and required to forfeit any claim to the Contest prize if: (i) he or she cannot be reached within three (3) business days following the first attempt of contact; or (ii) he or she cannot confirm complete personal information with the Station representative, as required by the Station for prize redemption purposes, within five (5) business days of having been reached by such Station representative; except, in each case, as may otherwise be determined by the Station in its absolute discretion.

 

(c) To be declared a winner, a potential winner must: (i) correctly answer (as determined in the absolute discretion of the Contest Sponsors) without assistance of any kind, whether mechanical or otherwise, a time-limited, mathematical skill-testing question; (ii) be in full compliance with these Official Rules; and, (iii) in the discretion of the Contest Sponsors, sign and return a release of liability and consent to publicity form (the “Release Form”) within the time period specified in the Release Form, and any other documentation as may reasonably be required by the Contest Sponsors in their absolute discretion.

 

(d) A potential winner may be required to provide proof of identification to the Contest Sponsors and/or prize supplier(s), as applicable, when claiming a prize or otherwise in connection with this Contest to facilitate the accurate identification of a Contest winner.  Once confirmation of a Contest winner is complete in accordance with the terms of these Official Rules, the Contest Sponsors and/or any prize suppliers will promptly coordinate prize distribution.  Except as otherwise determined in the absolute discretion of the

Contest Sponsors and/or prize supplier(s), as applicable, upon notification, a winner must personally take delivery of his/her prize from the office or location of the Contest Sponsors and/or prize supplier(s) (as selected by the Contest Sponsors in their reasonable discretion) within thirty (30) days of being notified that such prize is available or within such other time period as may reasonably be advised by the Contest Sponsors. If a winner fails to comply with the requirements set forth in these Official Rules, he/she will be deemed to have forfeited his/her prize.

 

(e) In the event any potential winner declines a prize for any reason, and/or does not meet the requirements set forth in these Official Rules, as determined by the Contest Sponsors in their absolute discretion, he/she will be disqualified, the prize will be forfeited and, in the Contest Sponsors’ discretion and time permitting, the Contest Sponsors may randomly select another Qualifier to be deemed a potential winner from among all eligible Qualifiers in respect of the disqualified individual’s draw, or may elect to cancel the Contest prize.

 

(f) There is a limit of one (1) prize per person in this Contest.

 

  1. RELEASE OF LIABILITY, INDEMNITY.

 

By entering this Contest, you: (a) agree to remise, release and forever discharge the Contest Sponsors, their respective parent and affiliated companies, any and all other companies associated with the Contest (including prize suppliers and suppliers of materials or services related to the Contest), and all of their respective employees, directors, officers, shareholders, agents, representatives, successors and assigns (collectively, the “Releasees”) from any and all actions, causes of action, suits, debts, dues, accounts, claims, damages or liability for any loss, harm, damages, costs or expenses, including, without limitation, costs or losses related to personal injuries, death, damage to, loss or destruction of property, and rights of publicity, personality, privacy and/or intellectual property (each, a “Claim”) arising out of, or in any way related to, your participation in the Contest and/or the awarding, receipt, possession, use and/or misuse of any Contest prize (or any portion thereof), or any travel or activity that is related to the receipt or use of any Contest prize; and (b) agree to indemnify and hold harmless each of the Releasees from and against any and all Claims arising from (i) your breach of these Official Rules, including the breach of any representations or warranties contained herein, (ii) your participation in the Contest, (iii) your acceptance, possession, use and/or misuse of any Contest prize (or any portion thereof), if applicable, or (iv) the use of any Entry Material in accordance with the rights granted in these Official Rules.

 

Any guest of the winner will also be required to sign and return a Release Form within the time period specified in the Release Form.  In the event any guest is a minor, the guest’s parent or legal guardian will be required to sign and return a Release Form (and any other documentation as reasonably required) on behalf of such guest.

 

  1. CONSENT TO PUBLICITY.

 

By accepting a Contest prize, if applicable, you authorize the Contest Sponsors and each of their respective licensees, successors, assigns, agents, representatives and employees the right, license and permission to record, photograph and/or otherwise capture or document you and/or your likeness, including without limitation your voice and any statements you may make regarding the Contest prize, by any available means, and to use any such recordings, photographs or documents, as well as your image and/or likeness appearing therein, and your biographical information, including your name, city and province/territory of residence, throughout the world and in perpetuity, in all manner and media, whether now known or hereafter devised, for advertising or promotional purposes relating to the Contest (or any substantially similar contest), without limitation and without compensation or additional consideration, notification, or permission of any kind, unless prohibited by law; and you waive any rights that you may have or that may

otherwise exist in respect of any materials produced pursuant to the foregoing, including without limitation rights of inspection, approval, compensation, additional consideration or notification, and moral rights.

 

 

  1. LIMITATION OF LIABILITY.

 

The Releasees are not responsible for: (a) stolen, late, incomplete, illegible, inaccurate, misdirected, lost, misrouted, scrambled, damaged, delayed, undelivered, mutilated, postage-due or garbled entries, transmissions, email or mail; (b) lost, interrupted or unavailable network, cable, satellite, server, Internet Service Provider, website, or other connections, including those through and/or by any website; (c) jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; (d) failures or malfunctions of phones, phone lines or telephone systems, any error, omission, interruption, defect or delay in transmission, processing, or communication; (e) non-delivered, misdirected, blocked, or delayed email notifications; (f) printing, typographical or other errors appearing within these Official Rules, in any Contest-related advertisements or other materials; or (g) any other errors, problems or difficulties of any kind, whether human, mechanical, electronic, network, computer, telephone, mail, typographical, printing or otherwise relating to or in connection with this Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing of entries, the announcement of the prize or in any Contest-related materials, or the cancellation or postponement of any event.  The Releasees are also not responsible for any incorrect or inaccurate information, including without limitation where caused by website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest.  The Releasees are not responsible for injury or damage to participants’ or to any other person’s computer related to or resulting from participation in this Contest or downloading materials from or use of any website.

 

  1. PRIVACY.

 

By entering this Contest, you consent to Rogers’ collection and use of your personal information for purposes of administering this Contest in accordance with these Official Rules and selecting any Contest winner(s).  All information collected by Rogers is subject to the Rogers Media Privacy Policy, available at http://www.rogersmedia.com/privacy.

 

If you are selected as a potential prize winner, you consent to Rogers’ disclosure of your personal information to any Contest prize provider(s) for purposes of prize fulfillment.  You understand and agree that, should your personal information be provided to any prize provider, your information will be subject to that prize provider’s privacy policy and information handling standards and practices.

 

Entrants may be given the option to receive commercial emails and/or other communications from the Contest Sponsors or other parties; however, eligibility to participate in the Contest is not dependent upon an entrant’s consent to receive any such emails or communications, and consenting to receiving such emails or communications will not impact an entrant’s chances of winning.  Rogers will not send informational or marketing communications to entrants, unless entrants consent to receive such communications in accordance with applicable laws.  Entrants may at any time opt out of receiving such materials by following the unsubscribe instructions provided in any of these communications.  Please consult the Rogers Media Privacy Policy referenced above for further information on how Rogers collects, uses, and discloses personal information.  Any questions or concerns with respect to communications from Rogers may be addressed to the Rogers Chief Privacy Officer, whose contact particulars may be found in the Rogers Media Privacy Policy.  Where you elect to receive informational or marketing communications from a party other than Rogers, you consent to Rogers disclosing your personal information to such other party to this end, and you understand and agree that, once so

disclosed, your information will be subject to that other party’s privacy policy and information handling standards and practices.

 

You further acknowledge and agree that, where you enter a Contest by means of a Third Party Service, any personal information that you share with, or by means of, such Third Party Service may also be used by the applicable Third Party Service in accordance with its own privacy policy.

 

  1. GENERAL.

 

(a) LAWS AND RULES.  This Contest will be run in accordance with these Official Rules, which shall be subject to amendment by Rogers without notice or liability to you.  You must comply with these Official Rules and will be deemed to have received and understood these Official Rules by participating or attempting to participate in this Contest.  The terms of this Contest, as set out in these Official Rules, are not subject to amendment or counter-offer, except as set out herein.  This Contest is subject to all applicable federal, provincial and municipal laws and regulations.  These Official Rules are governed exclusively by the laws of the province or territory in which you reside, and you submit to the exclusive jurisdiction of the courts of such province or territory. Rights and remedies may vary by province or territory.

 

(b) CANCEL AND AMEND. Rogers reserves the right to cancel, modify, or suspend this Contest or to amend these Official Rules at any time and in any way, without prior notice, for any reason whatsoever, subject to prior approval by the Régie des alcools, des courses et des jeux, if legally required.  Without limiting the foregoing, if for any reason the Contest is not capable of running as originally planned, for example as a result of tampering or infection by computer virus, bug, corruption, security breach or other cause beyond the reasonable control of the Contest Sponsors, Rogers reserves the right to cancel or suspend the Contest and/or conduct a random draw from all previously received eligible entries.

 

(c) CONDUCT.  The Contest Sponsors reserve the right, in their absolute discretion, to disqualify without notice, and/or ban from this Contest and any future contests, any entrant that they find to be: violating these Official Rules; tampering or attempting to tamper with the entry process or the operation of the Contest or any Contest website; acting in an unsportsmanlike or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person; or attempting to undermine the legitimate operation of the Contest.  Any attempt by an entrant or any other individual to undermine the legitimate operation of this Contest may be a violation of criminal and/or civil laws.  Should any such attempt be made, the Contest Sponsors reserve the right to seek remedies and damages to the fullest extent permitted by law, including criminal prosecution.

 

(a) RADIO STATION STREAM.  The Station’s online stream may be a delayed stream of the Station’s radio signal and may vary depending on your computer’s memory capacity and the speed of your Internet connection.  For that reason, it is recommended that listeners listen to the Station in “real time” by turning on an actual radio.  The Releasees assume no responsibility for any delays in the Internet stream.