Email Opt-In Contest Rules and Regulations – The James Hotel

Email Opt-In Contest Rules and Regulations

OFFICIAL CONTEST RULES (“RULES”)

1. CONTEST PERIOD
The Contest entry period commences at 12:00 AM (CMT) June 20, 2016, and concludes at 11:59 PM (CMT) on June 30, 2016 (the “Contest Period”).  

2. ELIGIBILITY
The Contest is open to residents of Canada and the United States of America, who are 19 years of age or older at the date of their entry. The Contest is not open to: (a) employees, representatives or agents (and those with whom such persons are domiciled) of Cavalier Enterprises Ltd. (the “Sponsor”), its parent companies, subsidiaries or affiliates (as defined in the Canada Business Corporations Act), advertising and promotion agencies (collectively, the “Contest Parties”); or (b) employees and contractors of the provincial liquor agencies, liquor licensees, their employees and members of their immediate families are not eligible.

3. HOW TO ENTER
NO PURCHASE NECESSARY. MUST BE 19 YEARS OF AGE OR OLDER AT THE DATE OF CONTEST ENTRY. An entry (“Entry”) is made by providing consent to receive email marketing correspondence from the James Hotel. Consent can be provided by clicking the button that says: “YES – Send me correspondence about special packages” in the opt-in email or by signing up to the email newsletter via www.thejameshotel.ca or by emailing a request to info@thejameshotel.ca.

Limit one entry per person. To be eligible for the Prize draw (see Rule 5 below) all Entries must be received by 11:59 pm (CMT) on June 30, 2016 (the “Contest Close Date”). All Entries are subject to verification. Sponsor has sole discretion on the acceptance of each Entry. The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification) to participate in this Contest. Failure to provide such proof in a timely manner may result in disqualification. The sole determinant of the time for the purposes of a valid Entry in this Contest will be the Contest server machine(s). Use of any automated system to enter or otherwise participate in this Contest is prohibited and will subject the entrant or purported entrant and all associated Entries to disqualification at the sole and absolute discretion of the Sponsor.  

4. PRIZE(S)
There is one (1) Grand Prize (“Prize”) available to be won. The prize consists of: two (2) nights stay to be used consecutively (approximate retail value $400.00 CDN).

5. PRIZE DRAW
One (1) eligible entrant will be selected as the potential Prize winner by random draw before July 8, 2016 (the “Prize Draw Date”) from among all eligible Entries received during the Contest Period. The odds of winning depend on the number of eligible Entries received during the Contest Period.

6. SELECTION OF ENTRANTS
The Sponsor or its designated representative will make a maximum of three (3) attempts to contact the selected entrant by emailing the email address provided in the entry form within three (3) business days of the Prize Draw Date. If the selected entrant cannot be contacted within three (3) attempts or three (3) business days of the Prize Draw Date (whichever occurs first), or if there is a return of any notification as undeliverable, then the selected entrant will be disqualified (and will forfeit all rights to the applicable Prize), and the Sponsor reserves the right, in its sole and absolute discretion, to randomly select an alternate eligible entrant from among the remaining eligible Entries (in which case the foregoing provisions of this section shall apply to such new selected entrant). Before being declared a winner, the selected entrant will be required to: (a) correctly answer a time-limited mathematical skill-testing question administered by the Sponsor or the Sponsor’s designate; and (b) sign and return within five (5) business days of notification the Sponsor’s declaration and release form, which (among other things): (b.i) confirms compliance with these Rules; (b.ii) acknowledges acceptance of the applicable Prize as awarded; (b.iii) releases the Contest Parties and each of their respective officers, directors, agents, representatives, successors and assigns (collectively, the “Releasees”) from any and all liability in connection with this Contest, the selected entrant’s participation therein and/or the awarding and use/misuse of the Prize or any portion thereof; and (b.iv) agrees to the publication, reproduction and/or other use of the selected entrant’s name, address, voice, statements about the Contest and/or photograph or other likeness without further notice or compensation, in any publicity or advertisement carried out by the Sponsor in any manner whatsoever, including print, broadcast or the internet. If the selected entrant fails to satisfy the above requirements within the specified time, then he/she will be disqualified (and will forfeit all rights to the Prize) and the Sponsor reserves the right, in its sole and absolute discretion, to randomly select an alternate eligible entrant from among the remaining eligible Entries (in which case the foregoing provisions of this section shall apply to such new selected entrant).  

7. PRIZE CONDITIONS
The following general conditions apply to the Prize: 1. Prize must be accepted as awarded, and is not transferable; 2. Sponsor reserves the right at any time to place reasonable restrictions on the availability or use of the Prize or any component thereof and substitute the Prize or a component thereof for any reason with a prize or a prize component of equal or greater value; 3. Sponsor makes no representation and offers no warranty, express or implied, as to the quality or fitness of the Prize; 4. if the winner does not utilize any part(s) of the Prize, then any such part(s) not utilized will be forfeited in its (their) entirety and nothing will be substituted in its (their) place; 5. by accepting the Prize, the winner agrees to waive all recourse against the Releasees (see Rule 8 below) if the Prize or a component thereof does not prove satisfactory, either in whole or in part; and 6. the winner must sign and return the Sponsor’s release (by the date indicated by the Sponsor or its designate) indicating that he/she waives all recourse against the Releasees relating to his/her participation in the Prize.   7. Winner must book two nights consecutively at The James Hotel to be used within 365 days of receiving notification that they have won.

8. LIMITATIONS OF LIABILITY
Without limiting the release provided in Rule 7 above, and for greater certainty, the Releasees will not be liable for: a) any incomplete or inaccurate information caused by any equipment or programming associated with or utilized in the Contest, or by any technical or human error which may occur in the processing of Entries; b) the theft, loss, destruction or unauthorized access to, or alteration of, Entries; c) any problems with, or technical malfunctions of, telephone networks or lines, computer on-line systems, servers or providers, computer equipment, software, viruses or bugs; d) any failure of any Entry to be received by or from the Sponsor for any reason including but not limited to traffic congestion on telecommunications services; e) damage to a participant’s or other person’s system occasioned by participation in this Contest; f) any use of the entrant’s personal information as set out in Rule 9.  

9. PERSONAL INFORMATION
By entering this Contest, entrants consent to the collection, use and disclosure of their personal information for the purposes of administering the Contest and in accordance with the Privacy Policy (available at: https://thejameshotel.ca/privacy-policy/). By accepting a Prize, the winner consents to the collection, use and disclosure to the public of their name, address (city, province), voice, statements and images or other likenesses for publicity purposes in connection with the Contest in any media or formats including, but not limited to, print, broadcast or the Internet, without further notice, permission or compensation. Personal information will not otherwise be used or disclosed without consent.  

10. MISCELLANEOUS
All decisions of the Sponsor are final and binding in all matters relating to this Contest and on all entrants without right of appeal, including, without limitation, any decisions regarding the eligibility/disqualification of Entries. The Sponsor and other Releasees will not be responsible for illegible, incomplete, lost, misdirected, errors, failures or late Entries which will be void. In the event of a dispute regarding who submitted an Entry, the Entry will be deemed submitted by the authorized account holder of the mobile address submitted at the time of Entry. “Authorized account holder” is defined as the natural person who is assigned to a mobile address by a mobile service provider, an Internet access provider, online service provider or other organization that is responsible for assigning mobile addresses for the domain associated with the submitted mobile address. A selected entrant may be required to provide the Sponsor with proof that he/she is the authorized account holder of the mobile address associated with the selected Entry. The Sponsor reserves the right at its sole and absolute discretion to disqualify, from this Contest and any future contest or other promotion, conducted by the Sponsor, any individual that they find or believe to be not in compliance with these Rules, to be tampering with the entry process or the operation of the Contest; or to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER PERSON TO DELIBERATELY DAMAGE ANY COMPUTER OR COMMUNICATIONS SYSTEM OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Any use of automated devices to enter this Contest is prohibited. No correspondence will be entered into except with selected entrants. Contest is subject to all applicable federal, provincial and municipal laws.  

11. RIGHT TO TERMINATE OR AMEND
The Sponsor reserves the right to terminate, suspend or amend this Contest and or amend these Rules, in whole or in part, at any time and without prior notice if any factor interferes with its proper conduct as contemplated by these Rules. In the event of Contest termination, any remaining prize still to be won will, in the Sponsor’s sole discretion, be deemed expired and void and will be ineligible for Contest play, and, without limiting any other provision of these Rules, the Releasees will not have any further liability with respect thereto.  

12. INTELLECTUAL PROPERTY
All intellectual property used in connection with the promotion and/or administration of the Contest, including, without limitation, all trade-marks, trade names, copyrights, logos, designs, promotional materials, web pages, source code, drawings, illustrations, slogans and representations are owned (or licensed, as the case may be) by the Contest Parties and/or their affiliates. All rights are reserved. Unauthorized copying or use of any such intellectual property without the express written consent of its owner is strictly prohibited.

THE JAMES HOTEL is a registered trade-marks of CAVALIER ENTERPRISES LTD.