Rules and Regulations – “Your sport, your escape – Contest”
1. NO PURCHASE IS NECESSARY TO ENTER THIS CONTEST (the “ Your sport, your escape – Contest”). A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
2. All monetary amounts herein are calculated in Canadian dollars.
3. The Contest is open only to individuals who are legal or permanent residents of Canada who are at least eighteen (18) years of age and have reached the age of majority in their province or territory of residence at the time of entry, except (i) the directors, officers, agents and employees of Reitmans (Canada) Limited and all of its affiliated and associated entities and divisions (collectively, “Hyba”), their respective advertising and promotional agencies and all members of their respective immediate families living in the same household and any other persons with whom they are domiciled; (ii) the directors, officers, agents and employees of Air Canada Vacations and AM resorts and all of its affiliated and associated entities and divisions, their respective advertising and promotional agencies and all members of their respective immediate families living in the same household and any other persons with whom they are domiciled; and (iii) the directors, officers, agents and employees of its affiliated and associated entities and divisions. For greater certainty, it is understood that entrants who are minors in their province or territory of residence are not eligible to enter the Contest. Notwithstanding the foregoing, the Grand Prize Winner’s Guest (as such terms are defined below) may be a minor in his or her jurisdiction of residence but only if the Grand Prize Winner is such Guest’s parent or legal guardian.
4. By entering the Contest, each entrant accepts the terms and conditions of these Contest rules and regulations (the “Rules”) and agrees to be bound by them. The Contest is subject to all applicable federal, provincial, municipal and local laws and regulations. The Contest is void where prohibited or restricted by law.
The prize package is to be awarded in conjunction with the upcoming promotional contest with Hyba Active Wear/Reitmans.
a. Two (2) roundtrip Economy Class air seats aboard Air Canada for a seven (7) night duration to Cabo San Lucas, Mexico from a major Canadian Airport closest to the winner’s place of residence.
b. Seven (7) seven-night land only stay for 2 (two) at Breathless Cabo San Lucas Resort & Spa
I. Breathless Cabo San Lucas Resort & Spa (*) includes: One (1) room, double occupancy, all meals, unlimited beverages, daily & nightly entertainment, and transfers to and from the resort designated airport.
c. Approximate retail value (excluding tax) $4,000.00 CAD (based on a Toronto departure)
d. Travel must be completed from November, 2017 to April, 2018, and is not transferable or redeemable for cash. No extension will be given after the prize has expired. If the prize is not redeemed, the prize is void. No changes permitted to reservations once date of travel is confirmed.
e. Both winner and guest (s) must travel together on the same itinerary. Prizewinner(s) and guest must be at least 18 years of age.
f. Prize must be accepted as awarded. The prize may not be sold, is not convertible to cash, is non-transferable, no substitutions or extensions permitted. Request for refund will not be entertained.
g. The prize may not be used towards Aeroplan mileage accumulation program, or any other frequent flyer program.
h. Air and room is subject to availability and selected blackout dates. Reservations are subject to complimentary allotment and may not be available even if rooms and /or air are available on the brand specific website or through another travel partner. Blackout dates include, but are not limited to, Thanksgiving, Easter, Christmas, New Years and Presidents Day. Stay is valid for one year from the date of drawing and is based on availability. You must make a reservation to guarantee space as availability changes daily. Reservations must be made a minimum of 120 days prior to arrival for travel January-April and 30 days prior to travel for May-December.
i. AM Resorts reserves the right to relocate any confirmed prizewinner from their resort of choice to an alternate resort within our chain based upon availability of space for the secured travel dates.
j. Each prize winner and his/her traveling companion(s) are solely responsible for all costs not expressly described herein including, without limitation, all air departure taxes (approx. $500.00 pp), in-flight meals, beverages, headsets, in-flight entertainment, optional seat selection, additional checked-in luggage surcharges, ground transportation, gratuities, optional excursions, merchandise, telephone calls, insurance together with any required travel documentation, all personal expenses of any kind or nature, additional meals, beverages, together with any applicable overnight layover. Telephone calls, Spa treatments and services, specialty dining, tours & excursions.
k. Flight dates are subject to change without notice or compensation. Prize Winner and his/her traveling companion(s) are also solely responsible for all costs incurred to and from the Departure point as the Prize originates and terminates there. It is the sole responsibility of the Prize Winner and his/her traveling companion(s) to obtain all necessary travel documentation including passport.
5. The Contest offer will be open online only at the Hyba web page found at: www.hyba.ca/escape (the “Contest Page”), the whole as more fully set forth in Section 6 below, from April 24 th to July 3rd 2017 at 11:59 p.m. (Eastern time) (the “Entry Deadline”).
6. In order to enter for a chance to win the one (1) Grand Prize (defined below), each entrant must, by the Entry Deadline:
b. For both the Social Media Mode of Entry and the Contest Gallery Mode of Entry:
i. Go to hyba.ca/escape and share a photo of the outdoor place that inspires you to move (the “Photograph”);
ii. Fill in the online entry form found on the Contest Page by:
1. providing all required contact information;
2. correctly answering the Skill-Testing Question (defined below) contained therein;
3. checking-off a box confirming that he or she has read, understood and agrees with the Rules; and
4. only if he or she so chooses , checking-off a box indicating that he or she opts-in to receive notifications via e-mail about upcoming promotions offered by Hyba (for greater certainty, an entrant is not obligated to check-off the box in question and entry in the Contest is not conditional upon an entrant checking-off such box and opting-in to receive such notifications); and
iii. Click “Submit!”.
7. An entrant that uses the Contest Gallery Mode of Entry must have a Photograph that is in GIF, JPG, PNG, BMP or TIF format and less than five (5) MB in size. The Photograph can only display the entrant and cannot include one or more third parties or contain any visible logos, drawings, cartoons, phrases, trademarks or any other unauthorized third-party materials other than the Hyba logo and brand. The Contest Media Package may be used internally by Hyba, in whole or in part, for its own employee training and publicity purposes, and as a reference for Hyba buying agents. Nothing herein will obligate Hyba to use the Contest Media Package, in whole or in part.
8. Reitmans reserves the right to disqualify any entrant whose Contest Media Package contains, whether in whole or in part, obscene, defamatory, libelous, threatening, pornographic, profane, lewd, violent, illegal, fraudulent, graphic or vulgar content, slander, nudity, violates any other party’s proprietary rights, promotes hatred, otherwise gives rise to a criminal offence or civil liability on the part of any person or entity, or that is otherwise unlawful or in contravention of applicable laws and regulations or is otherwise deemed by Reitmans, in its sole and absolute discretion, to be offensive or inappropriate or inconsistent with the spirit or theme of the Contest or with the Hyba brand.
9. By uploading his or her respective Contest Media Package as set forth in Section 6, each entrant:
(i) represents and warrants that he or she is the sole unrestricted owner of the Contest Media Package and has the right to upload it on Instagram or the Contest Gallery, as the case may be, for the purposes of this Contest as set out herein;
(ii) represents and warrants that he or she has obtained all rights, authorizations or consents required in connection with the use and display of the Contest Media Package for the purposes set out herein;
(iii) represents and warrants that the Contest Media Package is original and has not been previously published nor has it won any award;
(iv) represents and warrants that the Contest Media Package or any component thereof does not violate or infringe upon the intellectual property or other rights of any third party, including copyrights, trademarks, logos or rights of privacy or publicity;
(v) represents and warrants that the Contest Media Package is appropriate for family viewing and presents content that, at Hyba’ sole and absolute discretion, is suitable for the public at large;
(vi) represents and warrants that the Contest Media Package complies with the Rules, including Section 7; and
(vii) grants to Hyba, its subsidiaries, successors, assigns, agents and licensees, without limitation and in perpetuity, the irrevocable right and license to incorporate, use, reproduce, edit, market, store, distribute, have distributed, publicly and privately display, communicate, publicly and privately transmit, have transmitted, create derivative works based upon, and promote his or her Contest Media Package, in whole or in part, without additional compensation or consideration of any kind, for all purposes set out herein in connection with the Contest as well as in, and in connection with, the advertising, exhibiting, marketing, promotion and exploitation of its business in any manner, in all media throughout the world, whether now known or hereinafter devised, including without limitation, the Contest Page, www.hyba.ca (the “Website”), Hyba’s Facebook fan page (the “Fan Page”) and/or any other Hyba online social networking and media marketing web pages, for Hyba employee training and publicity purposes, and as a reference for Hyba buying agents and all forms of print, radio, television, home-video, CD ROM, DVD, and other digital or interactive “electronic” media, in perpetuity, without restrictions as to changes or alterations thereof (except where prohibited by law).
10. Each entrant hereby releases, discharges and saves harmless Hyba from any and all claims, demands, actions, causes of action, damages, liabilities, costs, losses and expenses without limitation, including as may be related to invasion of privacy, infringement of his or her rights of publicity or personality, defamation, libel, slander and/or any other personal, moral and/or property rights in any way arising out of his or her participation in the Contest and the use of the Contest Media Package by Reitmans in connection therewith. Without limiting the foregoing, each entrant hereby waives all moral rights in and to the Contest Media Package to the fullest extent permissible by law, including without limitation, the right to prevent any modifications, adaptations, additions, or deletions to the Contest Media Package or any right of inspection or approval in respect thereof.
11. All eligible entries (Contest Media Packages) for the Contest must be received by Hyba by the Entry Deadline, must comply with the terms hereof and must have a correctly answered Skill-Testing Question. All entries become the property of Hyba. Any entries by third parties, or generated by a script, macro or by any other automated means whatsoever (including, without limitation, any electronic, robotic or computer automated or automatic contest entry program, tool, service, script, bot, macro, system or software, whether commercially developed or otherwise), or that contain typographical errors, are altered, tampered with, incomplete, inaccurate, irregular in any way, or otherwise not in compliance with the Rules or, in the case of an entrant who uses the Social Media Mode of Entry, not in compliance with the general terms and conditions applicable to Instagram and its functionalities, will be considered null and void and will cause the disqualification of such entrant from the Contest. Repeated violations of the foregoing may render such entrant ineligible for future contests or promotions offered by Reitmans. Odds of winning a Prize will vary depending on the number of eligible entries received by the Entry Deadline.
12. ONLY ONE (1) ENTRY PER ENTRANT IS PERMITTED. All additional entries will be disqualified. For greater certainty, it is understood and agreed that all additional entries made by or for a single entrant or any attempt by an entrant to make more than one (1) entry, whether by using multiple e-mail and/or Instagram accounts, identities, registrations, or any other methods, will be considered null and void and will cause the disqualification of such entrant from the Contest. Repeated violations of the foregoing may render such entrant ineligible for future contests or promotions offered by Hyba.
13. For purposes of awarding the Grand Prize, one (1) random draw will be conducted at the head offices of Reitmans Canada Limited, in Montréal, Québec on July 10th 2017 at approximately 12:00 p.m. (Eastern Time) (the “DrawDate”) in order to select the Grand Prize winner (the “ Grand Prize Winner”) from among all of the eligible entries received by the Entry Deadline.
14. One (1) grand prize (the “Grand Prize”) will be award ed consisting of an outdoor trip to Mexico, 7-night stay for 2 at Breathless Cabo San Lucas Resort & Spa + $100 Hyba gift card.
15. For the purposes of claiming the Grand Prize, the Grand Prize Winner will be contacted by e-mail within five (5) business days following the Draw Date (the “Claim Date”). If the selected Grand Prize Winner cannot be reached by the Claim Date for any reason whatsoever, such selected Grand Prize Winner will be disqualified and deemed to have forfeited the Grand Prize without any prize replacement, reimbursement or substitution of any kind whatsoever and in such circumstances, Reitmans may decide, in its sole and absolute discretion, to select a new Grand Prize Winner by a random draw conducted by Hyba until such time as contact is made by e-mail with such newly selected Grand Prize Winner. Hyba will not be responsible for failed attempts to contact a selected Grand Prize Winner for any reason whatsoever, including, without limitation if any e-mail communication is unsuccessful, not returned or returned as undeliverable. If all or part of the Grand Prize cannot be awarded to the Grand Prize Winner due to actions or circumstances beyond the control of Hyba, Hyba may decide, in its sole and absolute discretion, to award a substitute prize (or substitute prizes) of equal or greater retail value.
16. Hyba reserves the right to verify eligibility qualifications of any entrant or Grand Prize Winner. In addition to the eligibility qualifications set forth in Section 3, the Grand Prize Winner must comply with the Rules and correctly answer a time-limited, mathematical skill-testing question (without the assistance of another person or mechanical device) (the “Skill- Testing Question”) included as part of the entry form referred to in Section 6 and/or the Release (defined below) and/or administered by a representative of Reitmans during a pre-arranged, mutually convenient telephone call and/or as otherwise may be provided by Reitmans. In addition to the foregoing and in order to be eligible to receive the Grand Prize awarded hereunder, the Grand Prize Winner and the Guest may be required to execute (and notarize if required under applicable law) a full release and affidavit of eligibility in a form to be provided by Reitmans which, inter alia, relieves Reitmans from any and all liability for injury associated with the Grand Prize or any component thereof awarded to the Grand Prize Winner, as well as satisfy any and all laws and regulations and other criteria required by the Grand Prize Winner’s and the Guest’s province or territory of residence (the “ Release”). Should the Grand Prize Winner not comply with the Rules (including if any one of the representations contained in Section 9 is false or cannot be made), decline the Grand Prize or any part thereof for any reason whatsoever, not claim the Grand Prize by the applicable Claim Date, incorrectly answer the Skill-Testing Question, not execute any required Release, or otherwise fail to satisfy any requirement or eligibility qualification contained herein, such selected Grand Prize Winner will be disqualified and deemed to have forfeited the Grand Prize without any prize replacement, reimbursement or substitution of any kind whatsoever and in such circumstances, Reitmans will have no further obligation to the Grand Prize Winner in question and may decide, in its sole and absolute discretion, to select a new Grand Prize Winner as set forth in Section 13 and the terms and conditions of Section 17, Section 18 and Section 19 herein will apply mutatis mutandis to such newly selected Grand Prize Winner.
17. The Grand Prize Winner will be entitled to be awarded his or her Grand Prize on the date on which the eligibility qualifications of such Grand Prize Winner have been satisfied in accordance with Section 18 herein (the “Award Date”). All information related to the Grand Prize will be sent to the Grand Prize Winner by e-mail (acknowledgment of receipt of e-mail will be required) on or around July 10, 2017. Hyba reserves the right to modify, in its sole and absolute discretion, the method of delivery of the Grand Prize or any component thereof to the Grand Prize winner in the event that delivery as described in this Section 19 is not possible due to any cause beyond the control of Hyba. The Grand Prize Winner’s name and/or photograph (including the Photograph) may appear on the Website, the Fan Page, and/or any other Hyba online social networking and media marketing web pages for no less than thirty (30) days following the Award Date.
18. No cash, product substitution or prize equivalent will be permitted. The Grand Prize cannot be combined or used in conjunction with any other contest or offer. The Grand Prize must be accepted as is, and cannot be redeemed for cash, prepaid cards, or gift card of any kind, in whole or in part. No component of the Grand Prize may be returned after pick-up or delivery, as applicable. No rain checks will be provided. No refund or compensation of any costs or expenses incurred by the Grand Prize Winner or the Guest will be made.
19. If, by reason of a typographical or other error, more Grand Prizes are claimed than the number set forth in the Rules, all individuals making purportedly valid claims will be included in a random draw to award the advertised number of Grand Prizes available. No more than one (1) Grand Prize will be awarded in connection with the Contest.
21. Except as provided in Section 15, all expenses related or incidental to the receipt and use of the Grand Prize, including any and all surcharges, fees, taxes (federal, provincial or local), and any travel or transportation costs (whether ground, air or otherwise), will be the sole responsibility of the Grand Prize Winner. Reitmans reserves the right to withhold and remit to the appropriate taxing authorities the amount of any taxes due in connection with the Grand Prize. Without limiting the generality of the foregoing, all fees, costs and expenses of any kind whatsoever not specifically stated herein to be the responsibility of Hyba, will be the sole responsibility of the Grand Prize Winner. The Grand Prize and every component thereof is non-refundable, non-transferable and may not be reissued or revalidated in whole or in part.
22. Hyba will not be responsible for lost, stolen, mutilated, late, misdirected or ineligible entries that may occur in the administration of the Contest. Hyba will not be responsible under any conditions whatsoever for any problems or technical malfunctions relating to the Contest, for any printing or typographical errors or problems in connection with any Contest-related materials, or for any computer, online, human or technical malfunctions that may occur in the administration of the Contest, including problems with the Contest Gallery, the Contest Page, any computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Hyba on account of technical problems, human error or traffic congestion on the internet or at any website, or any combination thereof, including any injury or damage to an entrant’s or any other person’s computer relating to or resulting from participation in the Contest or downloading any Contest-related materials.
23. Subject to a contrary ruling by the Régie (defined below), if for any reason the Contest is not capable of running as planned due to (i) infection by computer virus, bugs, tampering (including, without limitation, on the Website), unauthorized intervention, fraud, technical failures, technical malfunctions or any other causes corrupting or affecting the administration, security, fairness, integrity or proper conduct of the Contest whether in connection with the Contest Gallery, the Contest Page or otherwise, (ii) insufficient entries, or (iii) due to any other cause beyond the control of Reitmans, Reitmans reserves the right, in its sole and absolute discretion, to disqualify an individual and/or cancel, terminate, modify or suspend the Contest in whole or in part and/or modify the Rules. Without limiting the generality of the foregoing, Reitmans reserves the right to prohibit an entrant from participating in the Contest if it determines that said entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception or other unfair playing practices or intending to abuse, threaten or harass other entrants. CAUTION: ANY ATTEMPT BY ANYONE TO DAMAGE OR DISRUPT THE CONTEST OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST WILL BE CONSIDERED A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, REITMANS RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.
24. In the event of any dispute regarding entries received from multiple users having the same e-mail account, entries will be deemed to be made by the authorized account holder of the e-mail address submitted during entry, but only if she meets all other eligibility criteria contained in the Rules. The “authorized account holder” is the natural person who is assigned to the e-mail address by an internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address. The Grand Prize Winner may be required to provide Hyba with proof that he or she is the authorized account holder of the e-mail address associated with the winning entry, or forfeit his or her Grand Prize.
25. All entrants assume all liability for injuries caused or claimed to be caused by participation in the Contest, or the use or misuse of the Grand Prize granted herein, including any and all losses, damages, rights, claims, costs, actions and causes of action with respect to the Grand Prize (including without limitation, in connection with travel, if applicable). Without limiting the generality of the foregoing, by entering the Contest, entrants release and forever discharge Hyba and its parent companies, affiliates, subsidiaries, agents, advisors, employees, officers, directors, shareholders, representatives, licensees, franchisees, advertising and promotional agencies, successors and assigns from any and all losses, damages, rights, claims, costs, actions and causes of action of any kind whatsoever arising in connection with the Contest or resulting from the acceptance, possession, or use or misuse of the Grand Prize or any component granted herein or any other prize that may be awarded in connection with the Contest, including without limitation personal injury, death, and/or property damage as well as claims based on publicity rights, defamation, or invasion of privacy.
26. It is each entrant’s sole responsibility to notify Hyba in writing at the address indicated above if he or she changes his or her telephone number, e-mail or mailing address or any other contact information. All corrections to the contact information of an entrant must be received by Hyba by the Entry Deadline.
27. To the extent permitted by applicable law, if any of the terms of the Rules are or become invalid, are ruled illegal by the Régie (defined below) or any court of competent jurisdiction or are deemed unenforceable under the then current applicable laws, it is the intention of the parties hereto that the remainder of the Rules will not be affected thereby and will remain in full force and effect.
28. For Québec entrants, any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux (the “Régie”) for a ruling. Any litigation respecting the awarding of a Prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.
29. For an additional set of the Rules and/or the Grand Prize Winner’s name, visit the Website or send a written request by self-addressed, stamped envelope (ensure that sufficient postage is included), to Reitmans (Canada) Limited, 250 Sauvé Street West, Montréal, Québec H3L 1Z2; ATTENTION: Reitmans Customer Service.