BRITISH COLUMBIA FERRY SERVICES INC. (“BC FERRIES”)
BC FERRIES VACATIONS – GLOBAL TELEVISION NEWS CONTEST
DECEMBER 2023 RULES & REGULATIONS
THESE RULES ARE THE STANDARD TERMS AND CONDITIONS APPLICABLE TO THE BC FERRIES VACATIONS - GLOBAL TELEVISON NEWS CONTEST DECEMBER 2023 (THE “CONTEST”), WHICH MAY BE ENTERED THROUGH THE APPROPRIATE LINKS ON THE CONTEST WEBSITE (AS DEFINED BELOW). 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. PARTICIPANTS MUST HAVE REACHED THE AGE OF MAJORITY IN THE PROVINCE OF BRITISH COLUMBIA (19 YEARS) AT THE TIME OF ENTRY. VOID IN WHOLE OR IN PART WHERE PROHIBITED BY LAW. ENTRY IN THE CONTEST CONSTITUTES ACCEPTANCE OF THESE CONTEST RULES (THE “CONTEST RULES”).
1. ELIGIBILITY. To be eligible for the Contest, an individual must:
(a) be a legal resident of the province of British Columbia; and
(b) have reached the age of nineteen (19) years at the time of entry.
Employees (and their parents, siblings and children, and persons domiciled with employees) of British Columbia Ferry Services Inc. (hereinafter referred to as “BC Ferries” or the “Sponsor”), or Global Television, and their respective agents, parent, affiliated or related companies, subsidiaries, divisions, prize suppliers, and promotional and advertising agencies and administrators, are ineligible to enter. Winners of any BC Ferries contest within the three (3) months preceding the start of this Contest (including persons designated by such winners to take ownership of prizes) and persons domiciled with any such winner are not eligible to enter.
The Sponsor shall have the right at any time to require proof of identity and/or eligibility to participate in the Contest. Failure to provide such proof may result in disqualification. All personal and other information requested by and supplied to the Sponsor for the purpose of the Contest must be truthful, complete, accurate and in no way misleading. The Sponsor reserves the right, in its sole discretion, to disqualify any entrant should such an entrant at any stage supply untruthful, incomplete, inaccurate or misleading personal details and/or information.
2. CONTEST PERIOD. The Contest entry period is from Wednesday, November 29, 2023 at 12:01am Pacific Standard Time (“PST”) to Friday, December 1, 2023 at 11:59pm PST (the “Contest Period”) after which time the Contest will be closed and no other entries shall be accepted.
3. HOW TO ENTER.
(a) No purchase necessary. To enter, go to the Contest website located at www.bcferries.com/contests/winter-getaways-2023 (the “Contest Website”) and complete and submit the official Contest entry form prior to the end of the Contest Period.
(b) Limit of one (1) entry per person during the Contest Period. In the case of multiple entries by the same person, only the first entry will be eligible and the remainder will be void.
(c) All entries become the sole property of the Sponsor and will not be returned for any reason. Entries must be received prior to the Contest Period entry deadline, Friday, December 1, 2023 at 11:59pm PST. Entries will be declared invalid if they are late, illegible, incomplete, damaged, irregular, mutilated, forged, garbled or mechanically or electronically reproduced. No communication or correspondence will be exchanged with entrants except with those selected as a potential Contest winner.
(d) Entries shall be deemed to be submitted by the authorized account holder of the e-mail address associated with the entry. For the purposes of this Contest, “authorized account holder” of an e-mail address is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. The selected entrant may be required to provide the Sponsor with proof that the selected entrant is the authorized account holder of the e-mail address associated with the corresponding entry.
(a) There is one (1) Prize (the “Prize”) available to be won, consisting of one Oak Bay Beach Hotel Getaway for two (2) people, which includes:
- Three (3) nights' accommodation for two (2) people at the Oak Bay Beach Hotel in an Ocean View Guestroom
- One-way ferry travel with BC Ferries from Metro Vancouver and Vancouver Island for two (2) persons travelling in one (1) standard vehicle.
- Spa treatment for two (2) people, equivalent to Four Hundred Canadian Dollars ($400 CDN) in spa credit dining credit
- Two Hundred Canadian Dollars ($200 CDN) in food and beverage credit to be used at onsite restaurants
- Complimentary parking and wifi
- Access to heated seaside Mineral Pools, sauna & fitness studio
(b) Prize must be accepted as awarded and cannot be transferred, assigned, substituted or redeemed for cash, except at the sole discretion of the Sponsor. Any unused portion of the Prize will be forfeited and have no cash value. The Sponsor reserves the right, in its sole discretion, to substitute a prize of equal or greater value if the Prize (or any portion thereof) cannot be awarded for any reason. The Prize winner and his/her travelling companion are solely responsible for all costs not expressly described herein, including, without limitation, as applicable, all transportation (except included ferry transportation), taxes, fuel/currency surcharges, meals and beverages, room service, gratuities, merchandise, telephone calls, insurance, any required travel documentation and all personal expenses of any kind or nature. Specific Prize elements are subject to availability and change without notice or compensation. It is the sole responsibility of the Prize winner and his/her travelling companion to obtain all necessary travel documentation including passports and visas (if applicable), and to comply with any customs and immigration requirements, as applicable. It is recommended that the Prize winner and his/her travelling companion obtain sufficient personal insurance prior to departure. No change in travel arrangements can be made by the winner once his/her booking has been confirmed. In order to take advantage of the Prize, winner and travelling companion will require access to a private vehicle (or alternative means of transportation) at their expense.
(c) If winner and his/her travelling companion cannot complete travel by the date specified, the Prize will be forfeited in its entirety.
5. WINNER SELECTION.
(a) On or around December 12, 2023, a representative of BC Ferries will select one (1) entry by a random draw from all eligible entries received during the Contest Period. The odds of being selected as a potential winner are dependent upon the number of eligible entries received. Selected entrant will be contacted by email within approximately 48 hours of the draw, using the contact information provided on the entry form, with instructions on how to fully comply with these Contest Rules in order to be declared a winner. In the event the selected entrant cannot be contacted within 48 hours of the Sponsor’s initial attempt, he or she will be disqualified and an alternate entrant will be selected. The Sponsor is not responsible for the failure for any reason whatsoever of a selected entrant to receive notification or for the Sponsor to receive a selected entrant’s response. Proof of identification must be provided upon request.
(b) Before being declared a winner, the selected entrant will be required to correctly answer, without assistance of any kind, whether mechanical or otherwise, a time-limited mathematical skill- testing question to be administered during a pre-arranged telephone call or by e-mail and to sign and return the Release (described below).
(c) Under no circumstances will the Sponsor be responsible for awarding more prizes than as expressly contemplated in these Contest Rules.
6. RELEASE. Before a selected entrant is awarded the Prize, selected entrant and his/her travelling companion (and in the event of a minor traveling companion, his/her legal guardian) will be required to sign and return, within the time stipulated by the Sponsor, a full release and indemnity form (“Release”) stating that he/she: (a) has read and understood these Contest Rules, (b) grants all consents required, (c) authorizes the Sponsor to disclose, broadcast, publish or disseminate his/her Personal Information (as further defined in Rule 10) including name, city of residence, photograph, likeness, sobriquet and voice inside or outside Canada for the period of one (1) year, in connection with any promotion or publicity, and/or for general news, entertainment and information purposes, at no additional compensation to the selected entrant and/or traveling companion beyond the awarding of or participation in the Prize, (d) accepts the Prize as offered; (e) releases the Sponsor from any and all liability of any kind arising out of the selected entrant’s and/or traveling companion’s participation in this Contest and receipt and use of the Prize; and (f) shall indemnify BC Ferries for any loss, injury, accident, misfortune or damage which results from any of his/her negligent and/or wilful misconduct in connection with the Contest or the use and/or receipt of the Prize. In the event that the selected entrant and/or traveling companion do not comply with all the provisions of these Contest Rules, the Sponsor shall have the right to disqualify selected entrant and/or traveling companion and select an alternate entrant and the Sponsor shall be fully and completely released and discharged from any liability or responsibility in this regard. The provisions and procedures referred to above relating to selection and notification of a selected entrant and/or traveling companion, shall be applied, with the necessary amendments, until a qualified winner and traveling companion have been duly confirmed for the Prize.
7. INDEMNIFICATION BY ENTRANT. By entering the Contest, each entrant releases and holds the Sponsor harmless from any and all liability for any injuries, loss or damage of any kind to the entrant or any other person, including personal injury, death, or property damage, resulting in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of any Prize or aspect thereof, participation in the Contest, any breach of the Contest Rules, or any Prize-related activity. The entrants agree to fully indemnify Sponsor from any and all claims by third parties relating to the Contest, without limitation.
8. LIMITATION OF LIABILITY. The Sponsor assumes no responsibility or liability for lost, late, unintelligible/illegible, falsified, damaged, misdirected or incomplete entries, notifications, responses or, replies, 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 Sponsor is not responsible for any incorrect or inaccurate information, whether caused by Contest 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 Sponsor assumes 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 Sponsor is 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 including the Contest Website, or on account of any combination of the foregoing or otherwise. The Sponsor is not responsible for any injury or damage to any entrant or to any computer related to or resulting from participating or downloading materials related to the 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 or aspect thereof. The Sponsor assumes no responsibility or liability in the event that the Contest cannot be conducted as planned for any reason, including for reasons beyond the control of the Sponsor, such as infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or corruption of the Contest Website, or other factors impacting the administration, security, fairness, integrity or proper conduct of the Contest and/or the Contest Website.
9. CONDUCT. By participating in the Contest, each entrant agrees to be bound by the Contest Rules. Entrants further agree to be bound by the decisions of the Sponsor, which shall be final and binding in all respects. The Sponsor reserves the right, in its sole discretion, to disqualify any entrant found to be: (a) violating the Contest Rules; (b) tampering or attempting to tamper with the entry process or the operation of the Contest Website, or any related promotional website; (c) violating the terms of service, conditions of use and/or general rules or guidelines of the Sponsor’s property or service; and/or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE CONTEST WEBSITE OR ANY RELATED WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING BUT NOT LIMITED TO CRIMINAL PROSECUTION. Winner and his or her traveling companion must at all times behave appropriately when taking part in the Prize package and observe the Contest Rules and any other rules or regulations (including those imposed by Prize suppliers) during their Prize-related travel. The Sponsor reserves the right to disqualify any winner and/or his or her travelling companion(s) who breaks such rules and/or fails to behave appropriately.
10. PRIVACY / USE OF PERSONAL INFORMATION.
(a) “Personal Information” is information about an identifiable individual and includes the Personal Information described in Rule 6 and an entrant’s name, city, country, postal code and email address. By participating in the Contest, each entrant: (i) grants to BC Ferries the right to use his/her Personal Information for the purpose of administering the Contest, including but not limited to contacting and announcing the winner; (ii) if selected as a winner, grants to the Sponsor the right to use his/her Personal Information (including as described in Rule 6) for publicity and promotional purposes relating to the Contest in any and all media without further compensation unless prohibited by law, as described in these Contest Rules; and (iii) acknowledges that the Sponsor may disclose his/her Personal Information to third-party agents and service providers of the Sponsor in connection with any of the activities listed in (i) and/or (ii) above. Personal Information collected from entrants, the winner and the travelling companion of the winner will be used for the purpose of administering or promoting this Contest, or as otherwise described in these Contest Rules. Personal Information is collected by British Columbia Ferry Services Inc. under authority of the Freedom of Information and Protection of Privacy Act. Except as set out in these Contest Rules or as consented to by an entrant, the winner, or the travelling companion of the winner, the Sponsor will not sell, share or otherwise disclose Personal Information to third parties except as permitted or required by law. Any inquiry concerning the Personal Information collected, used, disclosed or held by British Columbia Ferry Services Inc. should be directed to the Marketing Manager at (604) 204-2228 or addressed to British Columbia Ferry Services Inc. at 1010 Canada Place, Vancouver, BC, V6C 0B9.
(b) Each Contest entrant will have the opportunity to opt-in to receive promotional communications from BC Ferries. Personal Information of entrants who opt-in will be used in accordance with BC Ferries’ Website Privacy Statement at: https://www.bcferries.com/about/privacy_statement.html.
11. INTELLECTUAL PROPERTY. All intellectual property, including but not limited to trade- marks, trade names, logos, designs, promotional materials, web pages, source code, drawings, illustrations, slogans and representations used in connection with the Contest are owned by the Sponsor and/or its affiliates. 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.
12. TERMINATION. The Sponsor reserves the right, in its 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.
13. 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 Sponsor and/or the Contest. 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 Sponsor in connection with the Contest shall be governed by and construed in accordance with the laws of the province of British Columbia 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.
14. LANGUAGE 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 Website, Contest entry form, or point of sale, television, print, online or other advertising, the terms and conditions of the Contest Rules shall prevail, govern and control.
15. SOCIAL MEDIA. This Contest is in no way sponsored, endorsed or administered by any social media platforms on which the Contest may be promoted and/or publicized. Any questions, comments or complaints regarding the Contest must be directed to BC Ferries.