THE 2012 POP MONTREAL INTERNATIONAL MUSIC FESTIVAL CONTEST (THE “CONTEST”) IS INTENDED TO BE CONDUCTED IN NORTH AMERICA ONLY, EXCLUDING HAWAII, ALASKA AND PUERTO RICO, AND SHALL BE CONSTRUED AND EVALUATED ACCORDING TO APPLICABLE CANADIAN LAW. NO PURCHASE IS NECESSARY. PARTICIPANTS MUST BE OF THE AGE OF MAJORITY IN THEIR PROVINCE OR TERRITORY OF RESIDENCE OR OLDER AT THE TIME OF ENTRY. VOID IN WHOLE OR PART WHERE PROHIBITED BY LAW. ENTRY IN THIS CONTEST CONSTITUTES ACCEPTANCE OF THESE CONTEST RULES (THE “CONTEST RULES”).
1. ELIGIBILITY. To be eligible for this Contest, an individual must:
a. be of the age of majority in his/her province, state or territory of residence or older at the time of entry; and
b. be legally able to travel to and/or within Canada, and have any and all necessary documentation as may be required for presentation to Canadian and/or International customs and airport personnel.
Employees of Pop Montreal International Music Festival, their respective affiliates, subsidiaries, related companies, advertising and promotional agencies, and the household members of any of the above, are not eligible to participate in the Contest.
The Sponsors 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 Sponsors for the purpose of the Contest must be truthful, complete, accurate and in no way misleading. The 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.
2. CONTEST PERIOD. The Contest begins at 9:00 a.m. on Thursday March 8th, 2012 Eastern Standard Time (“EST”) and ends at 9:00 a.m. EST on Monday August 13, 2012 (the “Contest Period”), after which time the Contest will be closed and no further entries shall be accepted.
3. HOW TO ENTER.
a. There is no purchase necessary to enter the Contest. Enter using any of the methods of entry outlined below. No entries will be accepted by any other means.
b. To enter online, access the entry form located at popmontreal.com (the “Contest Website”).
c. To enter online, complete and submit the entry form at the “Contest Website” Fill out your first name, last name, city, state/province, country, postal/zip code, email and phone number.
d. Entering the contest will automatically sign you up for the POP Montreal International Music Festival Mailing list. In order to remain entered in the contest you must remain on the mailing list throughout the entire Contest Period.
e. Limit of one (1) entry per e-mail address. In the case of multiple entries, only the first eligible entry will be considered.
f. All entries become the sole property of the Sponsors and none will be returned for any reason. Entries must be received no later than the end of the Contest Period. 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 for a Prize.
g. Entries received online shall be deemed to be submitted by the authorized account holder of the e-mail address associated with the entry. For the purpose of the Contest Rules, “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 Sponsors with proof that the potential winner is the authorized account holder of the e-mail address associated with the winning entry.
4. PRIZES.
a. Grand Prize. There is one (1) grand prize (“Prize”) available to be won by the Prize winner (“Winner”) consisting of:
(i) round-trip economy airfare for Winner and his/her guest (the “Guest”) leaving together from the same gateway from a North American International airport (excluding Hawaii, Alaska and Puerto Rico), airport to be approved in advance by POP Montreal, closest to winner’s home to Montreal, QC;
(ii) four (4) nights hotel accommodation in Montreal, QC; for Winner and Guest (double occupancy standard room) at a hotel chosen at the discretion of the sponsors;
(iii) two (2) Super Passes to the 2012 POP Montreal International Music Festival during September 19-23, 2012;
b. Grand Prize has an approximate value of two thousand and five hundred dollars (CDN $2,500.00). Actual value of Prize will depend on departure city. Winner is not entitled to monetary difference between actual Prize value and stated approximate Prize value, if any.
c. Prize will be distributed within five (5) days after Winner has been successfully contacted and notified of his/her Prize and has acknowledged compliance with the Contest Rules.
d. Winner and his/her Guest must be available to travel from Wednesday September 19, 2012 through Sunday September 23, 2012. Should Winner and/or Guest be unable to travel on the dates and times designated by the Sponsors, Prize will be forfeited and awarded to an alternate winner. Winner and Guest will be responsible for transportation to and from originating airport, travel and medical insurance, travel documentation, airport improvement fees, taxes, gratuities, telephone calls, in-room charges and any other expense not explicitly included in the Prize.
e. Guests must comply with the Contest Rules and sign and return the Release (described below).
f. Prize must be accepted as awarded and cannot be transferred, assigned, substituted or redeemed for cash, except at the sole discretion of the Sponsors. The Sponsors reserve the right, in its and their sole discretion, to substitute a prize of equal or greater value if the Prize (or any portion thereof) cannot be awarded for any reason.
g. Grand Prize is collectively referred herein to as “Prize” or “Prizes”. Grand Prize Winner is hereafter collectively referred to as a “Winner” or “Winners”.
5. WINNER SELECTION.
One (1) Winner shall be selected as follows:
a. On Monday August 13th, 2012 in Montreal, Quebec at 12:00 p.m. EST, one (1) entrant will be selected 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 by the Sponsors. Before being declared a Winner, the selected entrant shall 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, to comply with these Contest Rules and sign and return the Release (described below).
b. THE SELECTED ENTRANT WILL BE NOTIFIED BY TELEPHONE OR E-MAIL NO LATER THAN Monday August 13th, 2012 AT 5:00 p.m. EST AND MUST RESPOND WITHIN TWO (2) BUSINESS DAY OF NOTIFICATION. Upon notification, the entrant must respond by telephone to the contact number provided in the notification, and the selected entrant’s response must be received by the Sponsors within two (2) business days of such notification. If the selected entrant does not respond in accordance with the Contest Rules, he/she will be disqualified and will not receive a Prize and another entrant may be selected in the Sponsors’ sole discretion. The Sponsors are not responsible for the failure for any reason whatsoever of a selected entrant to receive notification or for the Sponsors to receive a selected entrant’s response.
c. If, as a result of an error relating to the entry process, drawing or any other aspect of the Contest, there are more selected entrants than contemplated in these Contest Rules, there will be a random draw amongst all eligible Prize claimants after the Contest’s closing date to award the correct number of Prizes.
6. RELEASE. Winner and Guest will be required to execute a legal agreement and release (“Release”) that confirms Winner’s and Guest’s: (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, affiliates and/or related 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 Winner’s and Guest’s 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.
7. INDEMNIFICATION BY ENTRANT. By entering the Contest, entrant releases and holds Releasees 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, participation in the Contest, any breach of the Contest Rules, or in any Prize-related activity. The entrant agrees to fully indemnify Releasees from any and all claims by third parties relating to the Contest, without limitation.
8. LIMITATION OF LIABILITY. The Sponsors 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 Sponsors 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 Sponsors 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 Sponsors 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 Sponsors 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 and/or the Contest Website.
9. CONDUCT. By participating in the Contest, each entrant agrees to be bound by the Contest Rules, which will be posted at the Contest Website and made available throughout the Contest Period. Entrant further agrees to be bound by the decisions of the Sponsors, which shall be final and binding in all respects. The Sponsors reserve the right, in their 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 or the Contest Website; (c) violating the terms of service, conditions of use and/or general rules or guidelines of dose.ca; 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 SPONSORS RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING BUT NOT LIMITED TO CRIMINAL PROSECUTION. Winner and Guest must at all times behave appropriately when taking part in the Prize and observe the Contest Rules and any other rules or regulations in force at the studios and/or locations. The Sponsors reserve the right to remove from the studio premises or location, any Winner and/or Guest who breaks such rules and/or fails to behave appropriately and to disqualify such Winner and/or Guest.
10. PRIVACY / USE OF PERSONAL INFORMATION.
a. By participating in the Contest, entrant: (i) grants to the Sponsors the right to use his/her name, mailing address, telephone number, and e-mail address (“Personal Information”) for the purpose of administering the Contest, including but not limited to contacting and announcing the Winner; (ii) grants to the Sponsors the right to use his/her Personal Information for publicity and promotional purposes relating to the Contest, in any and all media now known or hereafter devised, without further compensation unless prohibited by law.
b. By opting-in online you consent to Pop Montreal’s disclosure of your Personal Information so that you may be contacted to notify you about related products or services.
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 are owned by the Sponsors and/or their 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. Subject to the jurisdiction of the Régie des alcools, des courses et des jeux in Quebec, 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.
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 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 Quebec 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 entry form, or point of sale, television, print or online advertising, the terms and conditions of the Contest Rules shall prevail, govern and control. In the event of any discrepancy or inconsistency between the English language version and the French language version of the Contest Rules, the English version shall prevail, govern and control.
15. FOR RESIDENTS OF QUEBEC. Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux 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.