LaVita Medical and Walt Disney World Pamper You Contest
Presented by Quality Of Life Omnimedia Inc.
Contest Rules and Regulations
THE CONTEST (THE “CONTEST”) IS INTENDED TO BE CONDUCTED IN CANADA ONLY AND SHALL BE CONSTRUED AND EVALUATED ACCORDING TO APPLICABLE CANADIAN LAW. NO PURCHASE IS NECESSARY TO ENTER. THE CONTEST IS OPEN TO CANADIAN LEGAL RESIDENTS ONLY. PARTICIPANTS MUST BE OF THE AGE OF MAJORITY OR OLDER AT THE TIME OF ENTRY. VOID IN WHOLE OR IN PART WHERE PROHIBITED BY LAW. ENTRY IN THIS CONTEST CONSTITUTES ACCEPTANCE OF THESE CONTEST RULES (THE “CONTEST RULES”).
1. ELIGIBILITY TO PARTICIPATE. No purchase is necessary.
To be eligible for this Contest, an individual must be a Canadian resident 18 years of age or older at the time of contest entry. The individual must follow the rules outlined below. Quebec residents are excluded.
Employees of Quality Of Life Omnimedia Inc. and its affiliated, subsidiary and related companies and the household members or persons domiciled with any of the above, are not eligible to participate in the Contest.
2. CONTEST PERIOD. The Contest begins at 11:00 a.m. Eastern Standard Time on Monday, January 9, 2013 and ends at 10:00 am Eastern Standard Time on Tuesday, May, 8, 2013. After the “Contest Period” the Contest will be closed and no further entries shall be accepted.
3. CONTEST SPONSOR. The Contest Sponsor is La Vita Medical.
4. CONTEST PRESENTER. The Contest Presenter is Quality Of Life Omnimedia Inc.
5. HOW TO ENTER. Individuals must first visit the Disney Parks web site to correctly answer the pre-qualifying question. Individual may answer any one of the 4 contest pre-qualifying questions listed. Then, individuals will visit www.lavita.ca to fill in the ballot entry form.
6. PRIZE DESCRIPTION. (i) One prize winner will be drawn. The prize winner will win: One round-trip coach class air transportation for the Contest Winner and three guests (the “Guests”) leaving together from the same gateway from one of the following airports: Toronto, ON (YYZ); or Buffalo, NY, USA (BUF) to Orlando, Florida MCO (the “Trip”). Once airline tickets are issued to the Winner and the Winner’s Guests, any fees associated with flight changes are the responsibility of the Winner. Additional fees including, but not limited to, special seating assignment and baggage fees will be the responsibility of the Winner. ;
(ii) Hotel accommodation at Disney’s Animal Kingdom Resort with the room to be selected by the Sponsors in their sole discretion, room only, standard quadruple-occupancy rooms (two full/queen beds) for up to four (4) consecutive nights. Hotel accommodation does not include meals, incidentals, tips, taxes, telephone calls or any other personal expenses incurred during the trip.
(iii) One limousine ride from Miami International Airport (MCO) to Disney’s Animal Kingdom Resort and then 4 days later, a return drive to Miami International Airport from Disney’s Animal Kingdom Resort. This does not include additional fees, baggage fees, tips or any personal expenses.
(iv) Four (4) single-day theme park passes per Winner to the Winners’ choice of Walt Disney World theme parks.
(v) One $250 gift certificate towards the cost of one of any of the following services at the Spa at Disney’s Saratoga Springs Resort & Spa in Walt Disney World Resort:
50 Minute Swedish Massage
50 Minute Body Treatment
50 Minute Facial
(v) One (1) iPad per Prize Winner to keep and capture their Disney experiences to share with Quality Of Life Omnimedia Inc.
Without limiting the generality of the foregoing, the following general conditions apply to the Contest Winner Prize: (i) Prize must be accepted as awarded and is not transferable or convertible to cash (no substitutions except at Sponsor’s option); (ii) all travel related to the Prize must occur within the dates specified in this document (otherwise the Prize will be forfeited in its entirety); (iii) the winner and his/her travel companions must: (a) travel on the same itinerary; (b) have all necessary documentation to permit travel (e.g. passport, visa); and (c) not have any barrier to entry into the United States of America; (iv) the final airline, airport and hotel selection will be determined by Quality Of Life Omnimedia Inc.; (v.) the costs of everything not specifically stated above as included in the Prize are the sole responsibility of the winner and his/her and travel companion, including, without limitation: meals and drinks; gratuities; entertainment; health and travel insurance; fuel sur-charges, excess baggage fees; and items of a personal nature (NOTE: winner may be required to present a valid major credit card in winner’s name at the time of hotel check-in to cover any incidental expenses); (vi) if the Winner (and/or his/her travel companions) do not utilize any part(s) of the Prize, then any such part(s) not utilized will be forfeited in their entirety and nothing will be substituted in its place; (vii) Sponsors reserve the right at any time to: (a) place reasonable restrictions on the availability or use of the Prize or any component thereof; and (b) substitute the Prize or a component thereof for any reason with a prize or a prize component of equal value; (viii) all travel arrangements relating to the Prize must be made through the Sponsors or their designated agents; and are subject to availability; travel must be taken between May 26, 2013 and October 5, 2013; (ix) by accepting the Prize, the winner agrees to waive all recourse against the Releasees if the Prize or a component thereof does not prove satisfactory, either in whole or in part; and (x) the winners’ travel companion must sign and return the Sponsors’ release (by the date indicated on the release form) indicating that he/she waives all recourse against the Releasees relating to their participation in the Prize (including, without limitation, any travel related thereto). (xi) No extensions will be permitted on the prize. (xii)Travel must be booked by May 30, 2013. (xiii) Travel Black-out dates include the March Break and local destination holidays.
7. WINNER SELECTION. One (1) Winner shall be selected to win the Prize listed under Prize Description.
The odds of being (randomly) selected to win the prize will depend on the total number of eligible entries received during the duration of the Contest.
The Winner, whose entry is randomly selected will be contacted by email or by telephone, at the discretion of Quality Of Life Omnimedia Inc., using the contact information provided on the participant’s entry form. Upon Quality Of Life Omnimedia Inc. establishing contact with the Winner and taking care of the required formalities, Quality Of Life Omnimedia Inc. will send them the Prize by mail at the address provided in their respective entry forms. If Quality Of Life Omnimedia Inc. and/or its sponsor are unable, within a deadline of seven (7) days following the Draw, to reach the Contest participant whose entry was randomly selected, the prize will be forfeited.
The prizes to be awarded pursuant to this Contest (as described in these Contest Rules and Regulations) will be awarded to the (1) winner of a random draw from among eligible contest entries the “Winner”).
The participants who are drawn at random will be required to correctly answer a skill-testing mathematical question within a specified time. If the candidate responds incorrectly to this question, his/her entry will be rejected.
The entry of any person using an assumed name, alias or false identity to participate in the Contest will be deemed null and void and, as such, may be disregarded by Quality Of Life Omnimedia Inc. Incomplete entries and entries made through the use of any device or artifice to enter multiple times will be automatically void.
8. RELEASE. The Winner and Guests, as a condition to receiving their Prize will be required to execute a legal agreement and release (“Release”) that confirms Winners’ and Guests’:(i) eligibility for the Contest and compliance with these Contest Rules; (ii) acceptance of the Prize as offered; (iii) release of each of the Sponsors and their respective parent companies, subsidiaries, affiliates, related companies and/or arm’s length companies and each of their employees, directors, officers, suppliers, agents, sponsors, administrators, licensees, representatives, advertising, media buying and promotional agencies (collectively, the “Releasees”) from any and all liability for any loss, harm, damages, cost or expense arising out of participation in the Contest, participation in any Contest-related activity or the acceptance, use, or misuse of any Prize, including, but not limited, to costs, injuries, losses related to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light, or from any and all claims of third parties arising therefrom; and (iv) grant to the Sponsors of the unrestricted right, in the Sponsors’ collective or individual discretion, to produce, reproduce, publish, broadcast, communicate by telecommunication, exhibit, distribute, adapt and otherwise use or re-use the Winners’ and Guests’ name, photograph, likeness, voice and biography, in any and all media now known or hereafter devised, in connection with the Contest and the promotion and exploitation thereof. The executed Release must be returned within two (2) business days of the verification as a Winner or the selected entrant will be disqualified and the Prize forfeited. The Winner shall have no recourse against Quality Of Life Omnimedia Inc.
9. INDEMNIFICATION BY ENTRANT. By entering the Contest, each entrant releases and holds Releasees harmless from any and all liability, claims, demands, for any injuries, costs, expenses, losses or damages of any kind to the entrant or any other person, including, without limitation, reasonable legal fees, including an allocable share of in-house lawyers’ fees and costs, which Licensee may suffer or incur by reason of any claim, action, demand, suit or proceeding (each a “Claim”) resulting from: (i) personal injury, death, or property damage, resulting in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of any Prize; (ii) participation in the Contest; (iii) any breach of the Contest Rules, (iv) in any Prize-related activity; (v) the unauthorized use of the names, logos, copyright, trade names, patents, trade-marks or intellectual property of any person or entity by entrant; or (vi) any allegation or threatened allegation that the entrant’s participation in the Contest, any breach by entrant of the Contest Rules, or any entrant’s Prize-related activity infringes any intellectual property, personal, privacy or proprietary rights of any person or entity. Each entrant agrees to fully indemnify Releasees from any and all claims by third parties relating to the Contest, without limitation. Quality Of Life Omnimedia does not assume any responsibility in a case of any kind where their inability to act would result in an act or a situation that is beyond their control or in case of a strike, lock-out or any other labour dispute in the establishments, organizations or companies whose services are used in holding the Contest.
10. RIGHTS CLEARANCE. By providing personal photographs or video clips captured during the Trip, (“the Work”) to the Sponsors in connection with the Contest, each entrant shall retain all right, title and interest (including copyright) in and to the Work, and shall grant to the Sponsors a worldwide, gratuitous, irrevocable, and exclusive license to copy, use, modify, reproduce, display, adapt, exhibit, transmit, retransmit and otherwise broadcast the Work for use in all media now known or hereafter devised in perpetuity beginning on the date of entry, including, but not limited to, in connection with the administration, promotion and exploitation of the Contest. The entrant hereby confirms that the Work is an original work, solely created by the entrant, and that no third party participated as an author, co-author, photographer or otherwise in the creation of the Work or any part thereof. Sponsors assume no responsibility for any claims of infringement of rights to copyright, privacy and/or personality, and all such liability shall remain with the entrant. In addition, each entrant represents to Sponsors that the Work does not infringe any copyright, trade-mark or other intellectual property interest of any third party and that the Work is not defamatory or obscene and does not violate any laws relating to hate speech or otherwise. Sponsors reserve the right to disqualify any Work on the basis of concerns relating to the rights of third parties, including, but not limited, to privacy, copyright, defamation, rights of personality, obscenity or hate speech, as determined by Sponsors in their sole discretion. Sponsors reserve the right to request that the entrant to modify the Work in order to comply with the rights of third parties, including, but not limited, to privacy, copyright, defamation, rights of personality, obscenity or hate speech, as determined by Sponsors in their sole discretion. Should entrant decline such Sponsors’ request, then the entrant will be disqualified and the Work of another entrant will be selected as the winner of the Contest.
11. LIMITATION OF LIABILITY. The Releasees assume no responsibility or liability for lost, late, unintelligible/illegible, falsified, damaged, misdirected or incomplete entries, notifications, responses, replies or any Release, or for any computer, online, software, telephone, hardware or technical malfunctions that may occur, including but not limited to malfunctions that may affect the transmission or non-transmission of an entry. The Releasees are not responsible for any incorrect or inaccurate information, whether caused by website users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in the administration of the Contest. The Releasees assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. The Releasees are not responsible for any problems, failures or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, e-mail, players, or browsers, on account of technical problems or traffic congestion on the Internet, at any website, or on account of any combination of the foregoing. The Releasees are not responsible for any injury or damage to entrant or to any computer related to or resulting from participating or downloading materials in this Contest. Entrant assumes liability for injuries caused or claimed to be caused by participating in the Contest, or by the acceptance, possession, use of, or failure to receive any Prize. The Sponsors assume no responsibility or liability in the event that the Contest cannot be conducted as planned for any reason, including those reasons beyond the control of the Sponsors, such as infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or corruption of the administration, security, fairness, integrity or proper conduct of this Contest, the Contest Website. The contest will end if the promotional campaign offers minimal results. In this case the trips will not be offered and a notification will be placed on the Quality Of Life Omnimedia website informing the public of this change. Considering that Quality of Life Omnimedia has offered thousands of dollars in prizes over the past decade, the chances of this happening are low. Quality Of Life Omnimedia Inc. cannot be held responsible for any errors, incorrect or inaccurate transcription or registration of Contest entry information, nor for technical difficulties due to a server, network, hardware or software failure, a transmission problem or a loss of data sent by participants. If a participant is randomly picked during the Draw due to a system error, malfunction or defect, the Prize at issue may be re-awarded to another participant.
12. CONDUCT. By participating in the Contest, each entrant agrees to be bound by the Contest Rules, which will be posted at the Contest Website throughout the Contest Period. Each entrant further agrees to be bound by the decisions of the Sponsors, which shall be final and binding in all respects.
14. INTELLECTUAL PROPERTY. All intellectual property, including but not limited to trade-marks, trade names, logos, promotional materials, web pages, illustrations, and representations are owned by the Sponsors and/or their affiliates, related or arm’s length companies. All rights are reserved. Unauthorized copying or use of any copyrighted material or intellectual property without the express written consent of its owner is strictly prohibited.
15. TERMINATION. Sponsors reserve the right, in their sole discretion, to terminate the Contest, in whole or in part, and/or modify, amend or suspend the Contest, and/or the Contest Rules in any way, at any time, for any reason without prior notice.
16. LAW. These are the official Contest Rules. The Contest is subject to applicable federal, provincial and municipal laws and regulations. The Contest Rules are subject to change without notice in order to comply with any applicable federal, provincial and municipal laws or the policy of any other entity having jurisdiction over the Sponsors. All issues and questions concerning the construction, validity, interpretation and enforceability of the Contest Rules or the rights and obligations as between the entrant and the Sponsors in connection with the Contest shall be governed by and construed in accordance with the laws of the province of Ontario including procedural provisions without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction’s laws.
17. DISCREPANCY. In the event of any discrepancy or inconsistency between the terms and conditions of the Contest Rules and disclosures or other statements contained in any Contest-related materials, including but not limited to the Contest entry form, or point of sale, or online advertising, the terms and conditions of the Contest Rules shall prevail, govern and control.
18. For official rules and regulations, contact Contest Manager @ lavita.ca