SWISS CHALET FAMILY HAPPENS CONTEST (2)
RULES AND REGULATIONS
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The SWISS CHALET FAMILY HAPPENS CONTEST (the “Contest”) runs from July 16, 2008 at 12:01 p.m. (EST) and until December 31, 2008 at 11:59 p.m. (EST) (the “Contest Entry Period”).
- NO PURCHASE NECESSARY. SUBJECT TO ALL FEDERAL, PROVINCIAL, MUNICIPAL AND LOCAL LAWS AND REGULATIONS. VOID WHERE PROHIBITED. The Contest is open to all residents of Canada who are over the age of majority in their province or territory of residence, excluding residents of Quebec. Notwithstanding the foregoing, the Contest is not open to employees, representatives and agents of Swiss Chalet, Signature Vacations and Rogers Wireless Inc. (collectively, the “Contest Sponsors”) or their respective parent, subsidiary and affiliated companies, representatives, dealers and agents, advertising and promotional agencies, and persons with whom any of the above are domiciled, and members of their respective immediate families.
- To enter, go to www.swisschalet.com/familyhappens, complete the entry ballot in full and submit it, in accordance with the directions on the website, at any time during the Contest Entry Period. Limit of one (1) entry per entrant, provided that any entrant who tells a friend about the Contest using the Swiss Chalet website’s “tell a friend” feature will earn one additional entry, to a maximum of five additional entries per entrant. The odds of winning will be dependent on the number of eligible entries received during the Contest Entry Period.
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There will be one (1) Grand Prize awarded (the “Grand Prize”) consisting of a family trip for up to four (4) people consisting of the winner, one adult guest of the winner and up to two children (if both children are greater than the age of 12 a second room will have to be purchased at the expense of the winner and the cost may vary by booking date, room type, occupancy and any other factors that are out of the control of the sponsors) to stay at the Ocean Sand by H10 Hotels in the Punta Cana, Dominican Republic.
- The Grand Prize must be claimed and used within one (1) year from the last day of the Contest Entry Period, December 31, 2008 (specific dates to be at the discretion of SIGNATURE VACATIONS, one of the Contest Sponsors) and is subject to certain limitations such as ticket availability and black out periods.
- The Grand Prize is more specifically described as follows: (A) Airfare: four (4) return economy airfare tickets for up to four (4) people on charter air seats from the closest Canadian gateway offered by SIGNATURE VACATIONS to Punta Cana, Dominican Republic; (B) Hotel stay: Seven (7) NIGHTS standard accommodations single room, double occupancy room for 2 adults and up to 2 children only (if both children are greater than the age of 12 a second room will have to be purchased at the expense of the winner and the cost may vary by booking date, room type, occupancy and any other factors that are out of the control of the sponsors); and (C) Meals: All Inclusive meal plan: Three meals daily plus snacks, all drinks (domestic brands, domestic beer, house wine).
- The Grand Prize has an approximate retail value of up to $9,268.00 (CDN) based on the cost of the trip described above for four (4) people (2 adults and 2 children ages 2-12) from Toronto. The approximate retail value of the Grand Prize will vary, dependent on the airline departure and destination locations.
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It is the winner's and his/her guest’s responsibility to provide for any additional expenses not included in the Grand Prize as described herein, including, but not limited to, all taxes, additional meals, beverages, additional rooms, travel insurance, health insurance, gratuities, in-room movies, taxis, connector flights, stopover hotels, transportation to and from the winner's home and the closest major international airport serviced by SIGNATURE VACATIONS to his/her Canadian residence, transportation to and from airport to hotel, and all activities.
- The winner and his/her guests must depart from and return to the same airport. The winner and his/her guests must travel at the same times and dates as are selected by the winner and approved by SIGNATURE VACATIONS. In the event that the winner and his/her guests are unable to travel together on the selected dates, the winner will be deemed to have forfeited the Grand Prize. The winner and his/her guests must be in possession of valid travel documentation satisfactory to Canadian or United States (as applicable) transportation authorities. SIGNATURE VACATIONS will not replace any lost or stolen tickets, travel vouchers or certificates. All tickets issued in conjunction with the Grand Prize are not eligible for frequent flyer miles, and no code-share flights may be used. The Grand Prize must be accepted as awarded, and it may not be transferred or assigned except by SIGNATURE VACATIONS or as otherwise indicated herein. Only the listed Grand Prize, as described in these Contest Rules, will be awarded, and no substitutions, cash equivalents or redemptions will be made, except that SIGNATURE VACATIONS reserves the right to substitute any component of the Grand Prize package, including, without limitation, changing the accommodation to another hotel or changing the trip destination, if deemed necessary or advisable to SIGNATURE VACATIONS, in its sole and absolute discretion. Any substitute Grand Prize or component thereof will be of equal or greater value than what is described above in these Contest Rules and Regulations. Travel arrangements and reservations regarding the flight must be made according to instructions given to the Contest winner. Once reservations are made, they cannot be changed. Other restrictions may apply. All taxes (including but not limited to departure taxes) and other assessments are the sole responsibility of the Prize winner. The prize winner and traveling companions must have all the required travel documentation to travel to Dominican Republic. Grand Prize dates are subject to availability and black out dates do apply and will be advised once winner is drawn.
- The potential winner of the Grand Prize will be selected by random draw from all entries received during the Contest Entry Period. The draw will be held on January 14, 2009 at approximately 12:00 noon at One Mount Pleasant Road, Toronto, Ontario. The potential winner will be notified by an agent of the Contest Sponsors by telephone or e-mail within fourteen (14) days following the draw. In order to win the Grand Prize, a potential winner must first correctly answer, unaided, a time-limited mathematical skill-testing question which will be administered by the Contest Sponsors’ agent by telephone at a mutually convenient time, as a condition of winning. Should any potential winner not be reached during the aforesaid fourteen (14) day period following the draw for any reason, including, but not limited to, the fact that a potential winner has a call privacy feature on his/her telephone, or if any potential winner fails to correctly answer the skill-testing question, or if any potential winner does not meet all of the Contest conditions as set out herein, then the Grand Prize shall be automatically forfeited by that potential winner and an additional draw will be made from among the remaining entries received during the Contest Entry Period to determine an alternate potential winner for the Grand Prize. An agent of the Contest Sponsors shall attempt to contact the new potential winner within fourteen (14) days of such selection and such selection will be otherwise subject to the same conditions as set out in this paragraph. No telephone contact will be made or other communications sent to any Contest entrants other than the potential winners who are selected.
- All entries shall automatically become the property of the Contest Sponsors and will not be returned. The Contest Sponsors shall not be responsible for entries not received or not considered eligible due to incomplete, unclear or indecipherable information, failed or interrupted network connections or other mechanical or technical problems, however caused, including a busy phone signal. The Contest Sponsors shall have no liability for lost, stolen, delayed, damaged, destroyed, late or misdirected entries, or for any failure of the Internet or the Swiss Chalet website or features on the Swiss Chalet website during the Contest Entry Period, or for any other problems, including the failure to have cookies enabled, or mechanical or technical malfunction of, or damage to, any telephone network or lines, computer online systems, servers, access providers, computer equipment, software, for failure of any e-mail or entry to be received by the Contest Sponsors for any reason, for damage to an entrant’s or any other person’s computer or for breaches of privacy due to interference by third party computer “hackers”.
- If the identity of an entrant is disputed, the authorized account holder of the e-mail address submitted at the time of entry will be deemed to be the entrant. The individual assigned to the e-mail address for the domain associated with the submitted e-mail address is considered the authorized account holder. A selected entrant may be required to provide proof that he/she is the authorized account holder of the e-mail address associated with the selected entry. All entries must be submitted from a valid e-mail account that may be identified by reverse domain name search. The sole determinant of time for the purposes of receipt of a valid entry in this contest will be the server machine(s) utilized by the Swiss Chalet website.
- The Contest Sponsors reserve the right, in their sole and absolute discretion, to cancel or suspend the Contest at any time without notice should a virus, bug or other cause beyond the reasonable control of the Contest Sponsors corrupt the security or proper administration of the Contest. Any attempt to deliberately damage any website or to undermine the legitimate operation of the Contest may be a violation of criminal and civil laws, and should an attempt be made to do so, the Contest Sponsors reserve the right to seek remedies and damages to the fullest extent permitted by law, including criminal prosecution and/or the right to ban and/or disqualify an entrant from this and any future contests involving either of the Contest Sponsors.
- All entries are subject to verification and will be declared invalid if they are illegible, damaged, incomplete, forged, falsified, altered or tampered with in any way. The Contest Sponsors shall not be responsible for any errors or omissions in printing or advertising this Contest.
- As a condition of winning, each potential winner must sign and return a Declaration and Release confirming compliance with these Contest Rules and Regulations, and releasing the Contest Sponsors and any other person or entity associated in any way with the Contest, and all of their respective affiliates, subsidiaries, directors, officers, shareholders, owners, partners, employees, agents and their respective advertising and promotional agencies, from any and all liability arising in connection with the Contest, including, without limitation, liability arising from the acceptance and use of the Grand Prize as awarded. Potential winners may also be required to provide the Contest Sponsors with photo identification as evidence of their age.
- By entering the Contest, each entrant automatically consents to the use and publication of the entrant’s name, city of residence, photograph, voice and/or image for any publicity and programming purposes, commercial or otherwise, in any and all media used by the Contest Sponsors and their respective advertising and promotional agencies with respect to the Contest, without payment or compensation, throughout the world in perpetuity.
- Further, by entering the Contest, each entrant automatically accepts these Contest Rules and Regulations, which are subject to change without notice to Contest entrants. All entrants must comply with these Contest Rules and Regulations, and each entrant will be deemed to have received and understood these Contest Rules and Regulations by entering the Contest. The terms of this Contest, as set out in these Contest Rules and Regulations, are not subject to amendment or counter-offer, except as set out herein.
- By entering the Contest, each entrant automatically releases the Contest Sponsors and any other person or entity associated in any way with the Contest, and all of their respective affiliates, subsidiaries, directors, officers, shareholders, owners, partners, employees, agents and their respective advertising and promotional agencies from any and all liability arising in connection with the Contest, including, without limitation, the selection of the Grand Prize winner and the administration of the Contest.
- The Contest Sponsors reserve the right to terminate, close or suspend the Contest for any reason at any time during the Contest Entry Period, in their sole and absolute discretion and without prior notice.
- Any dispute relating to the Contest (including, without limitation, a dispute as to whether an entrant has complied with all of the Contest Rules and Regulations) shall be resolved by Swiss Chalet, a division of Cara Operations Limited (“Swiss Chalet”), in its sole and absolute discretion, and the decision of Swiss Chalet shall prevail. All decisions of Swiss Chalet shall be final.
- The Contest and the terms and conditions contained in these Contest Rules and Regulations shall be governed exclusively by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any dispute arising hereunder shall be adjudicated solely in the applicable court in Toronto, Ontario.
- The Contest Sponsors are collecting personal data about entrants received from the online entries for the purpose of administering this Contest, and the information collected by the Contest Sponsors on online entry forms will be used to select and contact Contest winners and potential winners, in accordance with these Contest Rules and Regulations. Entrants wishing to receive any other informational or marketing communications from the Contest Sponsors should so indicate on the entry form by checking the appropriate box. If the entrant indicates a wish to receive information from the Contest Sponsors by checking that box on the entry form, then the entrant's personal information will also be used by the Contest Sponsors for marketing and promotional purposes which may include, by way of example, sending updates on special events, and advance notice of other contests or other promotions, new products and restaurant openings. Please see Swiss Chalet’s Privacy Policy at http://www.swisschalet.com/privacy.php for information on its policy towards maintaining the privacy and security of user information. Swiss Chalet has contracted with a third party for the purposes of hosting the Contest microsite and for Contest administration, but such third party is not authorized to use your personal information in any way other than the intended use as described herein, and is subject to applicable Canadian Federal and Provincial privacy legislation.
- No Party shall be liable to the other Party for any failure to perform its obligations or to carry out any of the activities contemplated by this Agreement if such failure is caused by an event of force majeure. The Party suffering an event of force majeure shall use its best efforts to minimise the event of force majeure with all reasonable dispatch.
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A winners list can be obtained by sending a self-addressed, stamped envelope to: SWISS CHALET FAMILY HAPPENS CONTEST, First Choice Canada, c/o Signature Vacations, 1685 Tech Ave., Unit 2, Mississauga, Ontario, Canada L4W 0A7.
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