1. ENTRY PERIOD & CONTEST SPONSORS.
(a) The Contest is brought to you by the following entities (collectively or individually, the “Contest Sponsors”): 105.3 KISS FM (the “Station”), a radio station owned and operated by Rogers Broadcasting Limited (“Rogers”), and the Ottawa Area Nissan Dealers.
(b) There are four contest entry periods (collectively, the “Entry Periods”):
i) 6:00am on May 26, 2014 to 11:59pm on June 8, 2014;
ii) 6:00am on June 23, 2014 to 11:59pm on July 6, 2014;
iii) 6:00am on July 21, 2014 to 11:59pm on August 4, 2014; and
iv) 6:00am on August 18, 2014 to 11:59pm on September 1, 2014.
All times are Eastern.
2. HOW TO ENTER.
(b) No purchase necessary.
(c) There are three ways in which you can enter the Contest:
i) Website Entry: Go to 1053kissfm.com (the “Station Website”) during any one of the four Entry Periods and click on the Contest banners, buttons and/or links to access the online entry form for the Contest. Complete the online entry form as instructed, including all required information, and submit your entry as instructed.
ii) Social Media Entry: Visit one of the four participating Nissan Dealerships in the Ottawa area during their regular office hours Monday to Saturday May 26, 2014 to September 1, 2014, take a photo of yourself with the Station Nissan Micra (the “Selfie”). Post your Selfie to the Station’s Facebook page at www.facebook.com/1053kissfm, using the hashtag #kissthemicra (the “Hashtag”), or tweet the Selfie to the Station by tweeting your Selfie with the Hashtag to @1053kissfm on Twitter, or upload the Selfie to Instagram using the Hashtag and tag user @1053kissfm. User authentication is required for submitting a social media entry, and you must have “liked” the Station’s Facebook page or “followed” the Station’s Twitter page, or “followed” the Station’s Instagram account, as applicable, in order to enter.
iii) Ballot Entry: Visit one of the four participating Nissan Dealerships in the Ottawa area during the Station’s Live Remote broadcasts and fill out a ballot. (See the Station Website for times & locations.)
ENTRIES DO NOT CARRY FORWARD FROM ONE DRAW TO THE NEXT.
(d) ENTRY LIMIT: You may enter once per day via website entry, and as often as you like via social media entry and ballot entry, provided that each social media entry must include an original Selfie in order to be eligible. For example, if you post the same Selfie to Facebook and Twitter, you will only qualify for one entry in the Contest. If you post a Selfie to Facebook and a different, original Selfie to Twitter, you will qualify for two entries in the Contest.
(e) SOCIAL MEDIA ENTRY CONDITIONS:
i) By entering the Contest by means of a social media entry, as described above, each entrant confirms that he or she: owns all intellectual property rights in the entry, including without limitation copyright in the Selfie; grants the Contest Sponsors a worldwide, perpetual, royalty-free, irrevocable licence to reproduce and to distribute the Selfie in whole or in part, in any form or format, in any media, and for any purpose; waives all claims of copyright and moral rights in respect of the entry, including without limitation in the Selfie, as well as any rights that the entrant may have to compensation pertaining to any use, reproduction, modification, adaptation, alteration of, or creation of derivative works from the Selfie by the Contest Sponsors for any purpose and in any media whatsoever; understands and agrees that the entry, including the Selfie, will not be returned to the entrant upon submission to the Contest; and understands and agrees that the entry may be refused as entry to the Contest in the absolute discretion of the Contest Sponsors.
ii) Each entrant further represents and warrants that his/her entry, including without limitation the Selfie: does not violate any law, statute, ordinance or regulation; will not give rise to any claims of infringement, invasion of privacy or publicity, and will not infringe any rights and/or interests of any third party or give rise to any claims for payment whatsoever; is appropriate for family viewing and presents content that, at the absolute discretion of the Contest Sponsors, is suitable for the public at large; does not include content that is defamatory, libelous, pornographic or obscene; does not contain, depict, include, or involve, (i) nudity, (ii) explicit, graphic or excessive sexual activity, (iii) crude, vulgar or offensive language and/or symbols, (iv) derogatory characterizations of any ethnic, racial, sexual or religious groups, (v) content that endorses, condones and/or pertains to any illegal, inappropriate or high risk activity, behaviour or conduct, (vi) personal information of individuals, including, without limitation, names and addresses (physical or electronic), without the consent of those individuals, (vii) commercial messages, comparisons or solicitations for products or services, (viii) any materially identifiable third party products and/or trade-marks, brands or logos (materiality to be determined by the Contest Sponsors in their absolute discretion), or (ix) any other content that is, or could reasonably be considered to be, inappropriate, unsuitable or offensive, all as determined by the Contest Sponsors in their absolute discretion.
iii) Each entrant agrees to indemnify and hold harmless each of the Contest Sponsors from and against any claim or action brought by a person whose consent was not obtained by the entrant, or by any person claiming that his/her/its intellectual property rights, including without limitation, copyright, moral rights (including rights of integrity, attribution and anonymity), trade-mark rights, or personality or privacy rights, are infringed by the Selfie and/or by any Contest Sponsor’s use of the Selfie, or any part thereof, as contemplated in these Contest rules.
(f) Any attempt or suspected attempt to enter the Contest in a fashion not authorized by these rules shall be deemed to be tampering and will void all of your entries. Entries that are late, lost, stolen, false, illegible, damaged, misdirected, mutilated, garbled or incomplete, altered or otherwise irregular or that do not conform with or satisfy any or all of these Contest rules will be void. 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.
(g) Odds of winning depend on the number of eligible entries received.
(h) If entry to this Contest is by means of a third party service or site (a “Third Party Service”), such as a social media or social networking site, 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. By creating an account with a Third Party Service, you agree to comply with the Third Party Service’s terms and policies. This Contest is not sponsored, endorsed or administered by any Third Party Service. In particular, all entrants acknowledge that this Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook, Inc. (“Facebook”), and that any questions, comments or complaints regarding the Contest should be directed to the Contest Sponsors and not to Facebook. By participating in this Contest, you completely release Facebook 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.
(a) This Contest is open to Canadian residents who are 18 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) Employees, officers and directors of any Contest Sponsor, its affiliates or representatives, any Contest suppliers and judges, and those with whom the foregoing individuals reside are not eligible to participate in this Contest.
(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.
4. PRIZE DESCRIPTION.
(a) Entrants are eligible to win one (1) of four (4) prizes, each consisting of a 2015 Nissan Micra valued at approximately $10,000.
(b) No financial compensation will be made or required if actual prize value is lower than the total value quoted in these rules. Prize must be accepted as awarded and may not be transferred or exchanged absent the consent of the Contest Sponsors, which consent may be withheld in their absolute discretion. Prizing may not be exactly as advertised. The Contest Sponsors reserve the right, in their absolute discretion, to substitute a prize of equal or greater value in the event of the unavailability, for whatever the reason, of any advertised prize in whole or in part.
(c) Except as expressly warranted herein, any Contest prize is provided “as is” without further warranty of any kind.
(a) A random draw from all eligible entries received during the applicable Entry Period will be made by a representative of Rogers on each of June 9, 2014, July 7, 2014, August 5, 2014 and September 2, 2014 at approximately 7:00am at 2001 Thurston Drive Ottawa, ON. Non-selected entries will not be carried forward from draw to draw. One entrant will be selected at each draw as a potential Contest winner. Each selected entrant will be contacted by email / phone/Social Media Account at the email address / phone number/Social Media Account indicated on or relative to the selected entrant’s entry. A selected entrant will be disqualified and required to forfeit any claim to the Contest prize if he or she cannot be reached within three (3) business days following the first attempt of contact or if the terms set forth in these Contest rules are not adhered to.
(b) Decisions and rulings of the Contest Sponsors and/or their representatives are final and binding without appeal in all matters related to this Contest and the awarding of a prize.
(c) To be declared a winner, a selected entrant must correctly answer without assistance of any kind, whether mechanical or otherwise, a time-limited, mathematical skill-testing question; be in full compliance with these Contest rules; and, in the discretion of the Contest Sponsors, sign and return a release of liability and consent to publicity form (the “Release Form”) and any other documentation as may reasonably be required by the Contest Sponsors in their absolute discretion.
(d) A selected entrant may be required to provide proof of identification to the Contest Sponsors when claiming a prize or otherwise in connection with this Contest to facilitate the Contest Sponsors’ accurate identification of a Contest winner.
(e) If a selected entrant does not fulfill the conditions set out in these rules, or declines or forfeits a Contest prize, the Contest Sponsors reserve the right, in their absolute discretion, to cancel the Contest prize, to select another entrant from the remaining eligible entries pursuant to the process described in this section, above, or to donate the Contest prize to a charity of their choosing.
6. RELEASE OF LIABILITY / CONSENT TO PUBLICITY.
By accepting a Contest prize, each winner: confirms compliance with these Contest rules; acknowledges that the prize is not transferable (except as provided for herein and only at the Contest Sponsors’ absolute discretion) and must be accepted as awarded or otherwise except where stated; consents to the use of his/her name, city of residence, entry, voice, statements, photographs and/or other likenesses for publicity, advertising or informational purposes in any medium or format carried out by the Contest Sponsors and/or their advertising agencies regarding the Contest or the prize, without further notice or compensation; and releases each of the Contest Sponsors, their affiliates, advertising and promotional agencies, the suppliers of materials or services related to the Contest, and all of their respective shareholders, directors, officers, employees and agents (collectively the “Releasees”) from and against all liability in connection with the Contest and/or the awarding and/or use of any Contest prize.
7. LIMITATION OF LIABILITY.
The Releasees do not assume any responsibility and each entrant releases the Releasees from any and all claims, actions, damages, demands and liabilities of whatever nature or kind arising out of or in connection with the entrant’s participation or attempted participation in the Contest and any Contest prize, including, without limitation the administration of the Contest, the selection and confirmation of any Contest winners, and the arranging, awarding and use of any Contest prize.
(a) LAWS AND RULES. This Contest will be run in accordance with these Contest rules, which shall be subject to amendment by Rogers without notice or liability to you. Entrants must comply with these Contest rules and will be deemed to have received and understood these rules by participating in this Contest. The terms of this Contest, as set out in these 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 rules are governed exclusively by the laws of the province in which you reside, and you submit to the exclusive jurisdiction of the courts of such province. Rights and remedies may vary by province.
(b) CANCEL AND AMEND. Rogers reserves the right to cancel, modify, or suspend this Contest or to amend the Contest rules at any time and in any way, without prior notice, for any reason whatsoever. 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 any entrant that they find to be: violating the Contest 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, and Rogers reserves the right to ban or disqualify an entrant from this Contest and any future contests.
(d) IDENTITY OF WEBSITE ENTRANT. If a dispute arises regarding the identity of any Website entrant, the Website entry will be deemed to have been submitted by the authorized account holder of the email address provided at the time of entry, provided the name of the authorized account holder corresponds with the full name on the entry form. The individual assigned to the email address by an Internet access provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address is considered the authorized account holder. A selected entrant may be required to provide proof that he or she is the authorized account holder of the email address associated with the selected entry. All Website entries must be submitted from a valid email account. If the name of the authorized account holder does not accord with the full name on the entry form, the entry may be disqualified at the Contest Sponsors’ absolute discretion.
(e) SOCIAL MEDIA ENTRANTS. If a dispute arises regarding the identity of a social media entrant, the entry will be deemed to have been submitted by the authorized account holder of the social media account related to the applicable entry.