CMH 2019 CONTENT SUMMIT WORKSHOP COMPETITION - Offical Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS DRAW. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. SPONSOR: The “CMH 2019 CONTENT SUMMIT WORKSHOP” Competition (the “Competition”) is sponsored by Canadian Mountain Holidays LP (“Contest Organizer”) and the address at which Contest Organizer may be contacted is 217 Bear Street, Box 1660, Banff, AB, Canada T1L, 1J6. VOID WHERE PROHIBITED OR RESTRICTED.
2. ENTRY PERIOD: The entry period begins on Thursday, May 23, 2019 at 9:00am Mountain Time (“MT”) and closes on Sunday, June 9, 2019 at 5:00pm MT (the “Entry Period”). Contest Organizer’s computer is the official timekeeper for the Competition.
3. ELIGIBILITY: The Competition is open only to eligible entrants who, as of the entry date, are: legal resident of Canada (excluding residents of the Province of Quebec) and the fifty (50) United States (excluding Rhode Island, New York and Florida) or the District of Columbia, who have reached the age of majority in the province or state in which they reside. Entrants must also have internet access in order to enter. This Competition is void outside of eligible territories (including in Rhode Island, New York, Florida, Quebec). Employees, officers and directors of Canadian Mountain Holidays LP, Canadian Mountain Holidays Inc., Alterra Mountain Company Canada, and all of their respective parents, affiliates (including, without limitation, division), subsidiaries, advertising and promotion agencies, and suppliers, (collectively the “Employees”), and immediate family members (defined as spouses, parents, children, siblings grandparents, and their respective spouses) or members of the same household (whether related or not) of each such Employee, officer or director, are not eligible to enter. The Competition is subject to all applicable federal, state, provincial and local laws and regulations.
4. HOW TO ENTER: There is only one (1) way to enter the Competition: During the Entry Period, visit the Competition Website at www.cmhheli.com/contests/2019-cmh-content-summit-workshop (the “Competition Website”) and: (a) fill out the entry form (including contact information and date of birth) and (b) submit the entry form (an “Entry”). An entrant must be the rightful owner (or have authorized use) of the email address identified with entrant’s Entry. Other information on entering the Competition is available at the Competition Website. ELIGIBLE ENTRANTS MUST ENTER IN ACCORDANCE WITH THESE OFFICIAL RULES. NO OTHER METHOD OF ENTRY WILL BE ACCEPTED.
5. FOR ALL ENTRIES: LIMIT: one (1) Entry per person and per email address during the Entry Period. You must complete and submit all required information to be eligible to enter to win a prize. All Entries must be received by Contest Organizer or its designee during the Entry Period. Any person found entering the Competition using more than one e-mail address will be disqualified. Any Entries attempted through the use of agencies or robotic, repetitive, automatic, programmed or similar methods will be void. Wireless carrier’s data rates may apply if an entrant enters the Competition using a mobile device. In the event of a dispute as to the identity of any entrant’s Entry, the natural person who is the authorized account holder of the e-mail address associated with the entry will be deemed to be the entrant, but only if that person is otherwise eligible to enter the Competition. The “authorized account holder” is the natural person assigned an e-mail address by an internet access provider, online service provider or other organization responsible for assigning e-mail addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder. If a dispute cannot be resolved to Contest Organizer’s satisfaction, the winning entrant may be deemed ineligible. All Entries become the exclusive property of Contest Organizer and none will be acknowledged or returned. Proof of submission will not be deemed to be proof of receipt of Entry by Sponsor. All entrants and Entries are subject to verification prior to the awarding of a prize, as are the eligibility, agent and other claims of/information provided by a potential prize winner. Entrants will cooperate with Contest Organizer and its representatives in connection with any and all verification activities, including, without limitation, executing and delivering to Contest Organizer or its designee, by the time indicated by Contest Organizer or its designee, any verification from required by Contest Organizer or its designee.
6. AGREEMENT TO OFFICIAL RULES AND DECISIONS: By participating in the Competition, each entrant fully and unconditionally agrees to be bound by and accepts these Official Rules and the decisions of Contest Organizer and the Competition judging panel (including, without limitation, decisions regarding eligibility of Entries, the selection of winners, and the awarding of prizes), which are final and binding in all respects. Entrants and winners must comply with all terms and conditions of these Official Rules, and participation and winning is contingent upon fulfilling all requirements.
7. JUDGING; SELECTION; NOTIFICATION: a. Eligible Entries received by Contest Organizer during the Entry Period will be judged by a judge or judging panel appointed by Contest Organizer which will judge and score the Entries in accordance with the following judging criteria (“Judging Criteria”): overall quality of Entrant’s photography (33.3%), number of followers on Entrant’s Instagram page (33.3%), and entrant’s overall engagement rate on Instagram (33.3%). The judges will be comprised of an individual or individuals who are experienced in photography and marketing. Judges will be individuals selected by Contest Organizer and may also be employees or agents of Contest Organizer, or their affiliates, or advertising and promotion agencies. Subject to these Official Rules, the top Photo Entries selected by the judge(s) will be the potential winners of the prizes, as described in Section 8, below.
b. The Competition’s six (6) potential winners will be announced on or about June 11, 2019. The potential winners must comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements set forth herein. The potential winners will be notified by email address provided while being publicly announced through Contest Organizer social media and email channels upon release form signature. The potential winners will be required to execute and return to Contest Organizer a Declaration of Eligibility, a Release of Liability, and, except where prohibited by law, a Publicity Release (a “Declaration and Release”) in the form(s) provided by Contest Organizer in order to claim his/her prize. The Declaration and Release must be returned to Contest Organizer by the date and/or time indicated within the Declaration and Release. If a potential winner is a resident of Canada, he/she will also first be required to correctly answer, without assistance of any kind whatsoever mechanical or otherwise, a mathematical skill-testing question in no more than five (5) minutes, the test to be administered by telephone, in order to be eligible to win a prize. If a potential winner cannot be contacted within seventy-two (72) hours of the first attempt to contact him/her, of if a potential winner who is a Canadian resident fails to correctly answer the skill testing question in the manner prescribed, or if a potential winner fails to return the Declaration and Release within the specified time, or if any prize or prize notification is returned as undeliverable, or if a potential winner is found to be ineligible by Contest Organizer in its sole discretion, or if a potential winner does not comply with the Official Rules, then the potential winner may be disqualified and an alternate potential winner selected by Contest Organizer in his/her place, based on the Judging Criteria. In such event, an alternate potential prize winner will be notified as described above and will be required to return the required documents to Contest Organizer as described above; provided, however, Contest Organizer, in its sole discretion, may alter the above process, timing, and delivery requirements to meet its Competition schedule, and due to such process, schedule and timing, Sponsors may be unable to award the applicable prize and a potential alternate winner may not be named. Contest Organizer is not responsible for the failure of a potential winner to receive Contest Organizer’s notification or the required documents for any reason, or for the inability of such potential winner to return the required documents for any reason. Each winner agrees that he/she will not conduct or participate in any media interview regarding this Competition or any prize without the express prior written permission of Sponsor.
8. PRIZE: Subject to the terms and conditions of these Official Rules, six (6) prizes will be awarded in this Competition. Each prize consists of and is limited to a three (3)-day heli-hiking trip, as an attendee of the CMH Content Summit Workshop, for one (1) at Canadian Mountain Holidays (the “Prize”). Prize includes two and one-half (2.5) days of guided hiking and three (3) nights’ standard accommodations at CMH Bugaboos Lodge. AIRFARE IS NOT INCLUDED IN THE PRIZE. Approximate retail value (“ARV”) of the Prize is $3,595.00 CDN. Trip will take place July 27-30, 2019. Winner will be notified of how to redeem Prize and will be responsible for booking airfare and accommodations prior to and following the trip; provided, however, that Contest Organizer will make arrangements for winner, at Contest Organizer’s cost, for one (1) night’s standard accommodation at Calgary International Airport for the night immediately prior to the trip (as determined by Contest Organizer in its sole discretion). Any and all arrangements are subject to availability and blackout dates. Once confirmed, accommodation arrangements cannot be changed. The winner will be responsible for all costs, expenses and incidentals that are not specifically stated as being included in the Prize, including but not limited to, airfare, accommodations before and following the trip (except as otherwise set forth herein), personal items, food, alcohol purchases, massages, CMH shop purchases, gratuities, taxes, and insurance.
9. PRIZE REDEMPTION: Each winner must execute and deliver to Contest Organizer by the date indicated for return of the document(s) prior to travel booking or use of any component of the Prize (a) a notarized Affidavit of Eligibility, a Liability Release and, except where prohibited by law, a Publicity Release in the form(s) provided by Contest Organizer and (b) Contest Organizer’s standard CMH Summer Adventures and Heli-Hiking Waiver . Prize winners are responsible for obtaining and providing all required travel documentation and identification, including passports and visas as applicable, and for ensuring that such travel documentation or identification is valid prior to and for the entire duration of travel, and for complying with any customs and immigration requirements. It is recommended that the winners obtain sufficient personal travel insurance prior to departure. If a winner fails to complete the aforementioned documents, or is unable or decides not to travel during July 27-30, 2019, Prize will be forfeited, and no alternative prize, credit or reimbursement will be awarded. Contest Organizer will not replace lost or stolen travel documents. Prize is nontransferable, nonassignable, nonnegotiable, and not redeemable for cash or credit, except as otherwise provided in these Official Rules. Prize must be accepted as awarded. To the fullest extent permitted by applicable law, Prize is awarded “AS IS” with no warranty, condition, representation, or guarantee, express or implied, in fact or in law, made by Contest Organizer or for which Contest Organizer shall be liable, including, without limitation, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE AND WINNER ASSUMES ANY AND ALL RISKS OF USING THE PRIZE, INCLUDING PERSONAL INJURY OR DEATH. No prize substitutions, except by Contest Organizer, who reserves the right (but has no obligation) to substitute a prize (or a component thereof) with another prize of comparable or greater value (including cash) if the Prize (or a component thereof) is not available for any reason as determined by Contest Organizer in its sole discretion. Unused components of the Prize shall be forfeited and have no redeemable cash value. Winner is solely and fully responsible for any and all costs, fees, taxes, assessments and expenses associated with Prize award, redemption, receipt and use not specified in the prize description above, including, without limitation, all international, federal, provincial and local taxes on the Prize. If applicable, winner who is a U.S. resident will be issued an IRS Form 1099 for the actual retail value of the Prize. Winners waive the right to assert as a cost of winning a prize any and all costs of verification and redemption or travel to redeem the Prize. Non-compliance with any of the foregoing and any other condition of this Competition may result in disqualification and forfeiture of the Prize, in which case, no consideration will be awarded.
10. PUBLICITY: Except where prohibited by law, participation in the Competition and acceptance of the Prize constitutes entrant’s and winner’s consent to Contest Organizer’s (and its designees’, successors’ and assigns’) use of an entrant’s or winner’s name, biography, likeness, voice, photographs, video, opinions, statements, hometown, state/province and country for promotional purposes in any manner or media (including, without limitation, online), worldwide, in perpetuity, and without further payment, consideration, notice, review or consent.
11. GENERAL CONDITIONS: Contest Organizer reserves the right to require entrants to complete, execute and deliver to Contest Organizer additional documents at any time as required, in the forms provided, and within the timeframe required by Contest Organizer, or the entrant and participants may be disqualified. Contest Organizer reserves the right, in its sole discretion, to terminate, modify or suspend the Competition if, in Contest Organizer’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Competition, or if viruses, bugs, unauthorized intervention, fraud, technical difficulties, acts of God or failures or any other factor beyond Contest Organizer’s reasonable control corrupt or affect the administration, security, fairness, integrity or proper conduct of the Competition. In such event, Contest Organizer reserves the right in its sole discretion (but does not have any obligation) to award the Prize to a winner from the remaining eligible non-winning Entrants, based on the Judging Criteria. Contest Organizer reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Competition or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage any website or undermine the legitimate operation of the Competition is a violation of criminal and civil laws, and, should such an attempt be made, Contest Organizer reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Contest Organizer’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision or any other provision of these Official Rules.
12. RELEASE: By participating in the Competition, each entrant forever and irrevocably RELEASES, DISCHARGES, INDEMNIFIES AND HOLDS HARMLESS, Contest Organizer, Canadian Mountain Holidays Inc., Alterra Mountain Company Canada, and their respective parents, subsidiaries, divisions and affiliates; any and all persons and entities responsible for sponsoring, fulfilling, administering, advertising or promoting the Competition or supplying any prize, and the employees, officers, directors, owners, representatives, agents, heirs, successors, assigns and insurers of each of them (collectively, the “Releasees”) from and against all losses, claims, damages, liabilities, costs or expenses (collectively, “Losses”), arising in whole or in part, directly or indirectly, from the entrant’s Entries and/or participation in the Competition (including, without limitation, by participating in any activities at Canadian Mountain Holidays), and/or the entrant’s receipt or use of any prize awarded in the Competition. The foregoing release includes, without limitation, any and all LIABILITY, BODILY INJURY, DEATH, LOSS OR DAMAGE to entrant or any third party arising in whole or in part, directly or indirectly, from any prize or the use of any prize, the award, acceptance, possession, use or misuse of any prize, and entry and participation in the Competition (including, without limitation, by participating in activities at Canadian Mountain Holidays). Each entrant further COVENANTS NOT TO SUE any of the Releasees with respect to any matter addressed by the foregoing release, or encourage or assist any third party in doing so. This is a complete RELEASE and DISCHARGE of all claims and rights of each entrant against the Releasees and no action will be taken by or on behalf of an entrant with respect to any such claims and rights, it being understood that these Official Rules, including this Section 12, shall be binding upon each entrant, and his/her successors, assignees, subrogors, insurers, heirs, next of kin, executors, representatives, and legal and personal representatives.
13. LIMITATIONS OF LIABILITY: Contest Organizer, Alterra Mountain Company Canada and their agents are not responsible for: (a) incorrect or inaccurate transcription of an Entry or Entry material information or late, lost, stolen, unintelligible, illegible, damaged, mutilated, altered, incomplete, or misdirected Entries, or Entries received through impermissible or illegitimate channels, all of which will be disqualified, (b) technical failures of any kind, including but not limited to the malfunction of any telephone network or lines, computer online systems, servers, access providers, computer equipment, software, failure of any e-mail entry to be received by Contest Organizer or Alterra Mountain Company Canada on account of technical problems or traffic congestion on the Internet or any website, or any combination thereof, including any injury or damage to an entrant’s or any other person’s computer, related to or resulting from playing or downloading materials in this promotion including the recording of game results; (c) any incomplete or inaccurate information, whether caused by the website users or by any equipment of programming associated with or utilized in the Competition, or by any technical or human error which may occur in the processing of entries; (d) the theft, destruction or unauthorized access to, or alteration of, entries or the website; or (e) any injury or damage to persons or property, including but not limited to entrant’s computer, which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Competition or receipt or use of any prize, or from viewing, playing or downloading any material from Contest Organizer’s website(s), regardless of whether the material was prepared by Contest Organizer or a third party, and regardless of whether the material is connected to Contest Organizer’s websites by a hypertext link. Any attempt to deliberately damage any website or to undermine the legitimate operation of this promotion is a violation of criminal and civil laws, and should such an attempt be made, Contest Organizer and Alterra Mountain Company Canada reserve the right to seek remedies and damages to the fullest extent permitted by law, including criminal prosecution. Contest Organizer and Alterra Mountain Company Canada reserve the right to forbid the framing of any of the contents of this site and, in their sole discretion, to disqualify any individual who tampers with the entry process.
14. DISPUTES: Entrant agrees that, except to the extent prohibited by law: (a) any and all disputes, claims, and causes of action arising out of or connected with this Competition or any prizes awarded shall be resolved individually, without resort to any form of class action, and solely and exclusively in the Province of Alberta; entrant submits to sole and exclusive personal jurisdiction to said courts in the Province of Alberta for any such dispute and irrevocably waives any and all rights to object to such jurisdiction; (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred in connection with entering this Competition but in no event legal or attorneys’ fees; and (c) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket costs, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant or Contest Organizer in connection with the Competition shall be governed by, and construed in accordance with, the laws of the Province of Alberta, without giving effect to any choice of law or conflict of law rules or provisions (whether of the Province of Alberta, the United States, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Province of Alberta.
15. PRIVACY/DATA COLLECTION: By entering the Competition, entrants consent to the collection, use and disclosure of their personal information solely for the purposes of administering the Competition. Entrants provide personal information on the entry form when they enter this Competition. Contest Organizer collects this information and uses it to (a) administer this Competition and (b) for market research and other marketing purposes. When you enter the Competition, you will be given an opportunity to consent to receive marketing and promotional communications from Contest Organizer and/or its affiliates. Consenting to receive such emails and information is optional, and is not necessary to enter or win this Competition, nor will it increase or improve your chances of winning.
16. OFFICIAL RULES: These Official Rules are available at https://www.cmhheli.com/contests/2019-cmh-content-summit-workshop/terms-and-conditions/, or by sending an email to email@example.com or a self-addressed postage-stamped envelope to Canadian Mountain Holidays, LP, 217 Bear Street, Box 1660, Banff, AB, Canada T1L, 1J6, Attn: Alison Jones. Vermont and Canadian residents may omit return postage.