THIS CONTEST IS OPEN ONLY TO RESIDENTS OF CANADA, EXCLUDING THE PROVINCE OF QUEBEC, AND IS GOVERNED BY CANADIAN LAW
Standard data rates apply to participants who choose to participate in the Contest via a mobile device. Please contact your service provider for pricing and service plan information and rates before mobile device participation.
1. KEY DATES:
The Tourism Yukon #MakeAToenation Contest will begin on Thursday, June 22, 2017. The Contest will end at 11:59:59 PST on Friday, July 7, 2017 (the “Closing Date”). A grand prize winner will be selected at random from all of the eligible entries on Monday, July 10, 2017. The grand prize winner will be notified via social media on Monday, July 10, 2017. All entries received by Friday, July 7, 2017 will be eligible for the prize. The Contest Period consists of 16 days.
2. ELIGIBILITY TO ENTER:
The Contest is open only to residents of Canada, with the exclusion of the province of Quebec, who have reached the legal age of majority in their province/territory of residence at the time of entry. Misrepresentation of age or residency will disqualify the submission. The following person(s) are NOT eligible to win the contest:
(a) employees, members of the Government of Yukon, individuals employed or appointed by the Ministry of Public Safety and Solicitor General, contractors, agents and/or representatives of Tourism Yukon, advertising and promotional agencies, from November 1, 2015 onwards;
(b) members of the immediate family (defined as a mother, father, brothers, sisters, sons, daughters and husband or wife), or any person with whom they are domiciled, of any individual described in (a);
(c) anyone residing in a jurisdiction in which contests of this nature are prohibited.
Odds of being selected are dependent on the total number of eligible entries received. The greater the number of eligible entries received, the lower the chances of being selected. Contest entry is limited to one entry per person. This contest is void where prohibited by law. The contest consists of a random draw and the answering of a skill-testing mathematical question.
3. AGREEMENT TO BE LEGALLY BOUND BY RULES:
By participating in this Contest, you are signifying your agreement that you have read and agree to be legally bound by these Official Rules and Regulations.
4. FACEBOOK, TWITTER AND INSTAGRAM NOT INVOLVED:
The Contest is in no way sponsored, endorsed or administered by, or associated with Facebook, Twitter or Instagram (each, a “Social Platform”). Each Social Platform is hereby completely released of all liability by each entrant in this Contest. Any questions, comments or complaints regarding the Contest must be directed to the Sponsor and not to a Social Platform. You may only use one (1) Instagram Account to participate in this Contest.
Yukon Government, Department of Tourism & Culture (“Tourism Yukon”), PO Box 2703, Whitehorse, Yukon Y1A 2C6, Canada.
6. HOW TO ENTER:
By participating, you agree to abide by and be bound by these Official Rules and the decisions of Tourism Yukon, which shall be final with respect to all issues relating to this contest. It is your responsibility to ensure that you have complied with all of the conditions contained in the Official Rules. Tourism Yukon is not responsible for telephone, computer, or network malfunction or error whether technical or human in nature, communication disruption, or other forces beyond the reasonable control of Tourism Yukon. Tourism Yukon is not responsible for entries that are incomplete, lost, misdirected or destroyed. Tourism Yukon reserves the right, in its sole discretion, to cancel or suspend this competition should a virus, bug or any other cause beyond the reasonable control Tourism Yukon corrupt the security or proper administration of the competition. Any attempt to deliberately damage any website or to undermine the legitimate operation of this competition is a violation of criminal and civil laws, and should such an attempt be made, Tourism Yukon reserves the right to seek remedies and damages to the fullest extent permitted by law, including criminal prosecution.
NO PURCHASE NECESSARY. To be eligible complete the following steps depending on Instagram:
Instagram: Post an Instagram photograph through your account that: (i) includes a photo of your toe (the “Theme”); (ii) tags @TravelYukon; and (iii) includes the Hashtag #MakeAToenation. When all required steps of the entry process are complete, you will automatically be eligible to earn one (1) Entry in the Contest.
To be eligible to earn an Entry in this Contest, your applicable Account must be set to public and not private.
To be eligible, all content and materials associated with your Entry (regardless of the method of entry) (collectively, the “Entry Materials”) must: (i) be submitted and received in accordance with these Rules during the Contest Period; (ii) include all required components and materials noted above; (iii) reflect the Theme; (iv) be in accordance with these Rules, including, but not limited to, the specific Submission Requirements listed below in Rule 8; and (v) be in accordance with the applicable terms, rules, policies and guidelines of the Instagram Social Platform (the “Social Platform Rules”) (all as determined by Sponsor in its sole and absolute discretion).
6. ENTRY LIMIT AND CONDITIONS:
There is a limit of one (1) Entry per person (regardless of the method of entry). If it is discovered by the Sponsor (using any evidence or other information made available to or otherwise discovered by the Sponsor) that any person has attempted to: (i) obtain more than one (1) Entry (regardless of the method of entry); and/or (ii) use multiple names, identities, email addresses, Accounts from the same Social Platform, any automated, macro, script, robotic or other system(s) or program(s) and/or any automated, macro, script, robotic or other system(s) or program(s) and/or any other means not in keeping with the Sponsor’s interpretation of the letter and spirit of these Rules to enter or otherwise participate in or to disrupt this Contest; then he/she may be disqualified from the Contest in the sole and absolute discretion of the Sponsor. The Released Parties are not responsible for, and accept no liability whatsoever in relation to, any late, lost, misdirected, delayed, incomplete or incompatible Entries and/or Entry Materials (all of which are void). An Entry may be rejected if, in the sole and absolute discretion of the Sponsor: (i) the Entry (including, but not limited to, any associated Entry Materials) is not submitted and received in accordance with these Rules during the Contest Period; and/or (ii) the Entry Materials accompanying the Entry are not in compliance with these Rules (including, but not limited to, the specific Submission Requirements listed below in Rule 8) and/or the applicable Social Platform Rules (all as determined by Sponsor in its sole and absolute discretion).
All Entries, Entry Materials and entrants are subject to verification at any time and for any reason. The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification): (i) for the purposes of verifying an individual’s eligibility to participate in this Contest; (ii) for the purposes of verifying the eligibility and/or legitimacy of any Entry, Entry Materials and/or other information entered (or purportedly entered) for the purposes of this Contest; and/or (iii) for any other reason the Sponsor deems necessary, in its sole and absolute discretion, for the purposes of administering this Contest in accordance with the Sponsor’s interpretation of the letter and spirit of these Rules. Failure to provide such proof to the complete satisfaction of the Sponsor within the timeline specified by the Sponsor may result in disqualification in the sole and absolute discretion of the Sponsor. The sole determinant of the time for the purposes of this Contest will be the official timekeeping device(s) of the Sponsor.
8. SUBMISSION REQUIREMENTS:
By submitting an entry, you agree that the entry (and each individual component thereof – including, without limitation, the entry materials) complies with all conditions stated in these rules. The released parties will bear no liability whatsoever regarding: (i) the use of your entry (or any component thereof – including, without limitation, the entry materials); (ii) participation in any contest-related activities; (iii) any use, collection, storage and disclosure of any personal information; and/or (iv) if declared the winner, the prize (including any use or misuse of the prize). The released parties shall be held harmless by you in the event it is discovered that you have departed from or not otherwise fully complied with any of these rules and/or the applicable social platform rules (as applicable). This release and indemnity shall continue in force following the termination of the contest and/or awarding of any prizes.
By participating in the Contest, each entrant hereby warrants and represents that any Entry Materials he/she submits:
i. is/are original to him/her and that the entrant has obtained all necessary rights in and to the Entry Materials for the purposes of entering such Entry Materials in the Contest;
ii. does not violate any law, statute, ordinance or regulation;
iii. does not contain any reference to or likeness of any identifiable third parties, unless consent has been obtained from all such individuals and their parent/legal guardian if they are under the age of majority in their jurisdiction of residence;
iv. will not give rise to any claims whatsoever, including, without limitation, claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party; and v. is/are not defamatory, trade libelous, pornographic or obscene, and further that it will not contain, depict, include, discuss or involve, without limitation, any of the following: nudity; alcohol/drug consumption or smoking; explicit or graphic sexual activity, or sexual innuendo; crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups (including, without limitation, any competitors of Sponsor); that endorses, condones and/or discusses any illegal, inappropriate or risky behaviour or conduct; personal information of individuals, including, without limitation, names, telephone numbers and addresses (physical or electronic); commercial messages, comparisons or solicitations for products or services other than products of Sponsor; any identifiable third party products, trade-marks, brands and/or logos, other than those of Sponsor (e.g. any clothing worn and/or products appearing in your Entry Materials must not contain any visible logos, trade-marks or other third party materials unless the appropriate consents have been obtained --- note: all identifiable third party products, trade-marks, brands and/or logos for which consent has not been obtained by the entrant must be blurred out so as to be unrecognizable); conduct or other activities in violation of these Rules; and/or any other materials that are or could be considered inappropriate, unsuitable or offensive, all as determined by the Sponsor in its sole and absolute discretion.
The Sponsor and/or its promotional agency or designated content moderator (the “Reviewer”) reserves the right to screen all Entry Materials. Any Entry Materials that the Reviewer deems, in its sole and absolute discretion, to violate the terms and conditions set forth in these Rules are subject to disqualification. The Reviewer reserves the right, in its sole and absolute discretion at any time and for any reason, to remove any Entry Materials (or any part thereof) and/or to request an entrant to modify, edit and/or re-submit his or her Entry Materials (or any part thereof) in order to ensure that the Entry Materials comply with these Rules, or for any other reason. If such an action is necessary at any point during or after the Contest, then the Sponsor reserves the right, in its sole discretion, to take whatever action it deems necessary based on the circumstances – including, without limitation, disqualifying the Entry Materials (and therefore the corresponding Entry and/or the associated entrant) – to help ensure that the Contest is being conducted in accordance with the Sponsor’s interpretation of the letter and spirit of these Rules.
By entering the Contest and submitting an Entry, each entrant: (i) without limiting the applicable Social Platform Rules, as applicable, grants to the Sponsor, in perpetuity, a non-exclusive license to publish, display, reproduce, modify, edit or otherwise use his/her Entry Materials (and each component thereof), in whole or in part, for advertising or promoting the Contest or for any other reason; (ii) waives all moral rights in and to his/her Entry Materials (and each component thereof) in favour of the Sponsor (and anyone authorized by the Sponsor to use such Entry Materials); and (iii) agrees to release and hold harmless the Released Parties from and against any and all claims, damages, liabilities, costs, and expenses arising from use of his/her Entry Materials (or any component thereof), including, without limitation, any claim based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related or other cause of action whatsoever.
There will be one (1) Prize available to be won. The prize will consists of the following package:
i) four (4) nights and five (5) days in a hotel of Tourism Yukon’s choice, in Whitehorse and/or Dawson City, depending on flight schedules from the origin city.
ii) Roundtrip airfare for two (2) from anywhere Air North flies. Taxes, fees and surcharges are included in the prize. This does not include advance seat selection, changes, additions or substitutions.
iii) Roundtrip transportation to and from the Whitehorse International Airport to hotel selected.
iv) Whitehorse city and area tour guided by company of Tourism Yukon’s choice.
v) Dawson City and Goldfields tour guided by company of Tourism Yukon’s choice.
vi) Dawson City Top of the Midnight Dome Tour guided by company of Tourism Yukon’s choice.
vii) Diamond Tooth Gerties Casino admission
viii) Yukon ‘Larger than Life’ branded jacket
ix) All GST fares
The prize has a maximum value of approximately CND $2018.00, based on double occupancy.
The following terms and conditions apply to the prize awarded in this contest:
a.) Hotel properties are subject to elected travel dates.
b.) Transportation prize to be based on winner’s city of residence. Where Air North transportation is available Tourism Yukon will make travel arrangements for round trip for two (2) person. Where direct transportation links are not available, the Sponsor will not pay for travel arrangements. It is the responsibility of the winner to get to a destination where Air North departs from.
c.) Grand prize redemption must occur before September 13, 2017.
The Prize must be accepted as awarded and is not transferable or assignable (except as may be specifically permitted by Sponsor in its sole and absolute discretion). No substitutions except at Sponsor’s option. Sponsor reserves the right, in its sole and absolute discretion, to substitute any Prize or a component thereof with a prize of equal or greater value. None of the Released Parties makes any representation or offers any warranty, express or implied, as to the quality or fitness of any Prize awarded in connection with the Contest. To the fullest extent permitted by applicable law, each confirmed winner understands and acknowledges that he or she may not seek reimbursement or pursue any legal or equitable remedy from neither the Sponsor nor any of the Released Parties should his/her Prize fail to be fit for its purpose or is in any way unsatisfactory. For greater certainty and the avoidance of any doubt, by accepting a Prize, each confirmed winner agrees to waive all recourse against the Released Parties if his/her Prize or a component thereof does not prove satisfactory, either in whole or in part.
11. SELECTION OF WINNER:
One (1) winner will be selected from all eligible entrants by way of a random draw for the prize. One winner will be selected on Monday, July 10, 2017 in Whitehorse, YK, at approximately 1 p.m. PST.
12. ELIGIBLE WINNER NOTIFICATION PROCESS:
The Sponsor or its designated representative will make a minimum of three (3) attempts to contact the eligible winner within five (5) business days of the applicable Selection Date. If an eligible winner cannot be contacted as outlined above, or if there is a return of any notification as undeliverable; then he/she may, in the sole and absolute discretion of the Sponsor, be disqualified (and, if disqualified, will forfeit all rights to the applicable Prize) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to randomly select an alternate eligible entrant for the applicable Prize from among the remaining eligible Entries in accordance with the procedures outlined in Rule 10 (in which case the foregoing provisions of this section shall apply to such newly selected eligible winner).
13. ELIGIBLE WINNER CONFIRMATION PROCESS:
No one is a winner unless and until the sponsor officially confirms him/her as a winner in accordance with these rules. Before being declared a confirmed prize winner, each eligible winner will be required to: (a) correctly answer a mathematical skill-testing question without mechanical or other aid (which may, in the sole and absolute discretion of the Sponsor, be administered online, by email or other electronic means, by telephone, or in the Sponsor’s form of declaration and release); and (b) sign and return within five (5) business days of notification the Sponsor’s declaration and release form, which (among other things): (i) confirms compliance with these Rules; (ii) acknowledges acceptance of the applicable Prize (as awarded); (iii) releases the Released Parties from any and
all liability in connection with this Contest, his/her participation therein and/or the awarding and use/misuse of the applicable Prize or any portion thereof; (iv) agrees to indemnify the Released Parties against any and all claims, damages, liabilities, costs, and expenses arising from use of his/her Entry Materials or any portion(s) thereof; and (v) agrees to the publication, reproduction and/or other use of his/her name, address, voice, statements about the Contest and/or photograph or other likeness without further notice or compensation, in any publicity or advertisement carried out by or on behalf of the Sponsor in any manner or medium whatsoever, including print, broadcast or the internet.
If an eligible winner: (a) fails to correctly answer the skill-testing question; (b) fails to return the properly executed Contest documents within the specified time; (c) cannot accept (or is unwilling to accept) the applicable Prize (as awarded) for any reason; and/or (d) is determined to be in violation of these Rules (all as determined by the Sponsor in its sole and absolute discretion); then he/she will be disqualified (and will forfeit all rights to the applicable Prize) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to randomly select an alternate eligible entrant for the applicable Prize from among the remaining eligible Entries in accordance with the procedures outlined in Rule 11 (in which case the foregoing provisions of this section shall apply to such newly selected eligible winner).
14. GENERAL CONDITIONS:
This Contest is subject to all applicable federal, provincial and municipal laws. The decisions of the Sponsor with respect to all aspects of this Contest are final and binding on all entrants without right of appeal.
Anyone deemed the sponsor to be in violation of the sponsor’s interpretation of the letter and/or spirit of these rules for any reason is subject to disqualification in the sole and absolute discretion of the sponsor at any time.
The Released Parties will not be liable for: (i) any failure of any website or any platform during the Contest; (ii) any technical malfunction or other problems of any nature whatsoever, including, without limitation, those relating to the telephone network or lines, computer online systems, servers, access providers, computer equipment or software; (iii) the failure of any Entry, Entry Materials and/or other information to be received, captured or recorded for any reason whatsoever, including, but not limited to, technical problems or traffic congestion on the internet or at any website; (iv) any injury or damage to an entrant’s or any other person’s computer or other device related to or resulting from participating in the Contest; (v) anyone being incorrectly and/or mistakenly identified as a winner or eligible winner; and/or (vi) any combination of the above.
By entering this Contest, each entrant expressly consents to the Sponsor, its agents and/or representatives, storing, sharing and using the personal information submitted only for the purpose of administering the Contest.This section does not limit any other consent(s) that an individual may provide the Sponsor or others in relation to the collection, use and/or disclosure of their personal information.
The Sponsor reserves the right to adjust any of the dates, timeframes and/or other Contest mechanics stipulated in these Rules, to the extent deemed necessary by Sponsor, for purposes of verifying compliance by any entrant, Entry, Entry Materials and/or other information with these Rules, or as a result of any technical or other problems, or in light of any other circumstances which, in the opinion of the Sponsor, in its sole and absolute discretion, affect the proper administration of the Contest as contemplated in these Rules, or for any other reason.
In the event of any discrepancy or inconsistency between the terms and conditions of these Rules and disclosures or other statements contained in any Contest-related materials, including, but not limited to, social and online advertising and/or any instructions or interpretations of these Rules given by any representative of the Sponsor, the terms and conditions of these Rules shall prevail, govern and control to the fullest extent permitted by law.
Except where prohibited by law, as a condition of participating in this competition, contestants and Tourism Yukon agree that any and all disputes and causes of action arising out of or connected with this competition, or any claims submitted, shall be resolved exclusively by final and binding arbitration by one arbitrator pursuant to the provisions of the Yukon Lottery Act, or any successor legislation that is in effect on the date of the notice to arbitrate. Any hearing will be held in Whitehorse, Yukon, Canada. The legal situs of this contest is the Yukon, Canada. The contest takes place in and prizes are awarded in the Yukon. All issues and questions concerning the construction, validity, interpretation and enforceability of the Official Rules, or the rights and obligation of contestants in connection with this competition, shall be governed by and construed in accordance with the laws of the Province of Yukon and the applicable federal laws of Canada.
Any questions you may have about the contest can be directed to: email@example.com