General Contest Rules
Radio Station: 1053 KISS FM (the “Station”)
Station Website: 1053kissfm.com (the “Website”)
Station Address: 2001 Thurston Drive Ottawa, ON K1G 6C9 (the “Station Address”)
- Application. These rules apply to contests (each, a “Contest”) operated by Rogers Broadcasting Limited (“Rogers”) for the Station, excluding those Station contests for which specific rules have been developed (in which case those specific rules will apply). By entering a Contest, entrants agree to be bound by these rules, and will be deemed to have received and understood these rules.
- Eligibility. Unless otherwise stated, Contests are 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. Unless otherwise identified in respect of a particular Contest, the thirty-day rule shall apply. The thirty-day rule excludes an individual who has won a Contest within the preceding 30 days from being selected as a potential winner of another Station Contest. Employees, officers and directors of Rogers, its affiliates or representatives, any prize suppliers and Contest judges, and any individuals with whom the foregoing individuals reside, are not eligible to participate in Contests.
- Proof of Identity. Rogers shall have the right at any time to require proof of identity and/or eligibility to participate in a Contest. Failure to provide such proof may result in disqualification. All personal and other information requested by and supplied to Rogers for the purpose of a Contest must be truthful, complete, accurate and in no way misleading. Rogers reserves the right, in its sole discretion, to disqualify any entrant should such entrant at any stage supply untruthful, incomplete, inaccurate or misleading personal details and/or information.
- Contest Period & Prizing. Details of the prize(s) available to be won, the start and end dates, the start and end times, and any other relevant information will be identified at the time of the Contest by means of applicable promotional materials, via the Website, by the Station’s representatives, and/or by means of any of the Station’s official social networking pages. The approximate retail value of a prize is available upon request during the particular Contest entry period. Prizes may not be exactly as advertised.
- How to Enter. No purchase necessary. Unless otherwise stated, there is a limit of one entry per person per Contest. One or several of the following entry mechanisms may be applicable to any given Contest. Entry mechanism(s) in respect of a particular Contest will be noted by means of applicable promotional materials, via the Website, by the Station’s representatives, and/or by means of any of the Station’s official social networking pages.
To enter a Contest by means of the Website, go to the Website during the applicable Contest entry period and click on the Contest banners, buttons and/or links to access the online entry form for the Contest. During the applicable entry period, complete the online entry form as instructed, including all required information. Incomplete entries will be deemed void. By successfully transmitting a completed entry as directed, you will be entered in the Contest.
To enter a Contest by means of call-in entry, call the Station at the Station contest line (or at such other number as may be provided by a Station representative) and be the correct caller, as determined pursuant to instructions given by a Station representative (e.g. be the correct sequential caller). Once determined to be the correct caller, you may be required to follow the instructions of a Station representative to validate your eligibility (e.g. answer trivia questions).
Loyalty Club Entry:
For Contests with loyalty club entries, participants may enter in one of the following ways:
(a) Log into your Station account and redeem a specified number of points to enter the Contest. Notwithstanding anything to the contrary contained herein, a loyalty club member shall be permitted multiple entries into a Contest with loyalty club entries, provided such loyalty club member enters the Contest by means of his or her Station account and has sufficient points to redeem in respect of each additional entry. To become a Station loyalty club member, go to the Website and sign up for free.
– OR –
(b) Mail a 100-word letter explaining why you would like to win, together with your name, address, day and evening telephone numbers, email address, age, and particular Contest name, to the attention of the particular Contest you are entering, at the Station Address. Mail-in entries must be received by the Station by the applicable Contest closing date and time in order to be eligible. Limit of one entry per postage-stamped envelope.
Entry via Social Media:
For Contests with entry via one or several of the Station’s official social networking pages, entry must be effected by means of the applicable third party service or site (each, a “Third Party Service”). To enter a Contest by means of a Third Party Service, you must have a valid account with the applicable Third Party Service. By creating an account with a Third Party Service, the entrant agrees to comply with the Third Party Service’s terms and policies. For Contests with entry by means of a Third Party Service, you must be a follower of, or must have “liked”, the official social networking page of the Station on the applicable Third Party Service. You may also be required to have a public (i.e. non-private) account in order to participate.
All entrants acknowledge that Contests are in no way sponsored, endorsed or administered by, or associated with, Facebook, Inc. (“Facebook”), and that any questions, comments or complaints regarding any Contest should be directed to the Station and not to Facebook. By participating in any 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.
- Restrictions: Photo/Video Submission. From time to time, a Contest entry mechanism may require you to submit (whether via Internet upload or otherwise) an original photograph/Video (the “Photo”/the “Video“) to Rogers, subject to instructions provided by the Station and/or its representatives. By entering a Contest requiring a Photo/Video submission, you represent and warrant that your entry (including, without limitation, the Photo/video) (a) is original to you, and that you have all necessary rights (including, without limitation, the assignment of copyright from any photographer/videographer of the Photo/Video other than you) in and to the Photo/Video to enter the Contest; (b) does not include content that is defamatory, libelous, pornographic or obscene; and (c) 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 Rogers in its sole discretion), or (ix) any other content that is, or could reasonably be considered to be, inappropriate, unsuitable or offensive, as determined by Rogers in its sole discretion. You further understand and agree that your entry (including, without limitation, the Photo/Video) will not be returned to you upon submission to the Contest, and may be refused as entry to a particular Contest in the absolute discretion of Rogers. By entering a Contest requiring a Photo/Video submission, you grant to Rogers an unlimited, royalty-free, irrevocable, worldwide licence to use your entry, including the PhotoVideo, in any media and for any purpose related to the Contest, and waive all claims of copyright and moral rights in the Photo/Video, and any rights that you may have to compensation, pertaining to any use, reproduction, modification, adaptation, alteration of, or creation of derivative works from, the Photo/Video by Rogers for any purpose and in any media whatsoever.
- Restrictions: Essay Submission. From time to time, a Contest entry mechanism may require you to submit (whether via Internet upload or otherwise) an original written submission (the “Essay”) to Rogers, subject to instructions provided by the Station and/or its representatives. By entering a Contest requiring an Essay submission, you represent and warrant that the Essay is original to you, and that you own all intellectual property rights (including without limitation copyright) in the Essay. You further understand and agree that your entry (including, without limitation, the Essay) will not be returned to you upon submission to the Contest, and may be refused as entry to a particular Contest in the absolute discretion of Rogers. By entering a Contest requiring an Essay submission, you grant to Rogers an unlimited, royalty-free, irrevocable, worldwide licence to use your entry, including the Essay, in any media and for any purpose related to the Contest, and waive all claims of copyright and moral rights in the Essay, and any rights that you may have to compensation, pertaining to any use, reproduction, modification, adaptation, alteration of, or creation of derivative works from, the Essay by Rogers for any purpose and in any media whatsoever.
- Ineligible Attempts at Entry. Any attempt or suspected attempt to enter a Contest in a fashion not authorized by these rules (or by the Station and/or its representatives) 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. The sole determinant of time for valid online entry in a Contest will be the Website server machine(s).
- Draw. For Contests where the winner is selected from entries received, a random draw will be made by a representative of the Station from all qualifying entries received by the Contest deadline. A selected entrant will be disqualified and required to forfeit any claim on the Contest prize if he or she cannot be reached within a reasonable time period, as determined in the discretion of Rogers, or if these rules are not adhered to. Decisions and rulings of Rogers and/or its representatives (including, without limitation, Station representatives) are final and binding without appeal in all matters related to the Contests and the awarding of prizes.
10. Conditions of Winning. 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 Rogers, sign and return a release of liability and consent to publicity form and any other documentation as may reasonably be required by Rogers in its sole discretion.
11. Prize Acceptance. Prizes must be accepted as awarded and are not transferable, redeemable, refundable or exchangeable for cash and not replaceable if lost or stolen, except as may be determined by Rogers in its sole discretion. Rogers reserves the right to substitute a prize, in whole or in part, with a prize of at least equal value in the event of the unavailability, for whatever reason, of the advertised prize. A selected entrant may be required to provide proof of identification when claiming a prize or otherwise in connection with a Contest to facilitate the administration of the Contest and/or to ensure the accurate identification of a Contest winner.
12. Odds of Winning. Odds of winning depend on the number of eligible entries received for a particular Contest, and any criteria used to describe how to enter the Contest.
11. Release of Liability and Consent to Publicity. By accepting a Contest prize, the winner: confirms compliance with these Contest rules; acknowledges that the prize is not transferable (except in Rogers’ sole 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 Rogers and/or advertising agencies regarding the Contest or the prize, without further notice or compensation; and releases Rogers, its affiliates, advertising and promotional agencies, the suppliers of materials, services, or prizes 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.
12. 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 a 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.
13. Laws and Rules. Except as otherwise set forth above, Contests will be run in accordance with these Contest rules, which are subject to amendment by Rogers without notice or liability to you. Contests are subject to all applicable federal, provincial and municipal laws and regulations. The Contests and these rules shall be exclusively governed by and construed in accordance with the laws of the province of Ontario and the federal laws of Canada applicable therein. Any dispute shall be adjudicated in the courts sitting in Toronto, Ontario.
14. Cancel and Amend. Rogers reserves the right to cancel, modify, or suspend any Contest or to amend these Contest rules at any time and in any way, without prior notice, for any reason whatsoever. Without limiting the foregoing, if for any reason a 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 Rogers, Rogers reserves the right to cancel or suspend the Contest and/or conduct a random draw from all previously received eligible entries.
15. Prizes Provided “As Is”. Except as otherwise expressly warranted, any Contest prize is provided “as is” without further warranty of any kind.
16. Conduct. Rogers reserves the right, in its sole and absolute discretion, to disqualify without notice any entrant that it finds to be: violating these rules; tampering or attempting to tamper with the entry process or the operation of a Contest or the 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 a Contest. Any attempt by an entrant or any other individual to undermine the legitimate operation of a Contest may be a violation of criminal and/or civil laws. Should any such attempt be made, Rogers reserves the right to seek remedies and damages to the fullest extent permitted by law, including criminal prosecution, and to ban or disqualify an entrant from the applicable Contest and any future Contests.
17. Identity of an Online Entrant.
Loyalty Club Entries:
If a dispute arises regarding the identity of a loyalty club entrant, the entry will be deemed to have been submitted by the authorized account holder of the loyalty club account provided at the time of entry.
Other Online Entries:
If a dispute arises regarding the identity of an online entrant, the 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 online 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 Rogers’ sole and absolute discretion.
March 31, 2014