2018 TRUE PENTICTON PHOTO CONTEST

Transcription

1 2018 TRUE PENTICTON PHOTO CONTEST THE 2018 TRUE PENTICTON PHOTO CONTEST (THE CONTEST ) IS INTENDED TO BE CONDUCTED IN CANADA ONLY, EXCLUDING QUEBEC, 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 ). Participants acknowledge the non-responsibility of Instagram LLC and Facebook, Inc., its officers, directors, employees and agents with regards to all aspects of the Contest. This contest is in no way sponsored, endorsed or administered by, or associated with either Instagram LLC or Facebook, Inc. Participants understand that all contest information is provided to Travel Penticton and not to Instagram LLC or Facebook, Inc. 1. ELIGIBILITY. To be eligible for this Contest, an individual must: (a) (b) (c) (d) be a legal resident of Canada (excluding the province of Quebec); be of the age of majority in his/her province or territory of residence or older at the time of entry; have a valid Instagram or Facebook account at the time of contest entry; and be the sole owner of all right, title and interest (including copyright) in and to any photo (as defined below) submitted in connection with the contest. Employees or agents of Travel Penticton, 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. Travel Penticton 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 Travel Penticton for the purpose of the Contest must be truthful, complete, accurate and in no way misleading. Travel Penticton reserves 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 2:00 p.m. Pacific Standard Time ( PST ) on Tuesday, March 29, 2018 and ends at 11:59 p.m. PST on Thursday, May 31, 2018 (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 the contest using any method of entry outlined below. No entries will be accepted by any other means. i. Post a photo taken at the TRUE Penticton Tourism Tradeshow (Tuesday May 29 th, :00pm 5:00pm) on Facebook and include the hashtags #VisitPenticton, #BCTourismMatters, #TourismWeek

2 ii. Post a photo taken at the TRUE Penticton Tourism Tradeshow on Instagram and include the hashtags #VisitPenticton, #BCTourismMatters, #TourismWeek (b) Photo s posted must still comply with the rules and regulations outlined below. (c) Each unique photo posted with the hashtags #VisitPenticton, #BCTourismMatters, #TourismWeek will count as one Contest Entry (an Eligible Entry ) (d) Those Eligible Participants who fail to properly include the #VisitPenticton, #BCTourismMatters, #TourismWeek hashtags will not qualify their post as an Eligible Entry. (e) By posting photos with the hashtags #VisitPenticton, #BCTourismMatters, #TourismWeek, participants agree to all the terms and conditions relative to the Contest s respective prizes as well as the Contest s Rules & Regulations. (f) By participating in this Contest, the entrant represents and warrants that any photo posted: i. was taken at the TRUE Penticton Tourism Tradeshow (Tuesday May 29 th, :00pm 5:00pm) ii. does not contain any material that is libelous, defamatory, profane, obscene or promotes racism, hatred or harm against any group or individual; iii. is original and all right, title and interest (including copyright) therein and thereto is owned and/or controlled by the entrant to the full extent necessary to enable the sponsors to use the photo as contemplated by these Contest Rules & Regulations; iv. does not infringe upon the intellectual property or other statutory or common law rights of any third party; and v. does not contain any trademarks, logos, or copyrighted materials, other than TRUE Penticton Tourism Tradeshow related materials, or advertise or promote any brand or product owned by any entity other than the TRUE Penticton Tourism Tradeshow exhibitors, to be determined at the sole discretion of Travel Penticton. (g) Entries received shall be deemed to be submitted by the person in whose name the identified, Instagram or Facebook account was registered. For the purposes of the Contest Rules an authorized account holder of an Instagram or Facebook account is defined as the natural person who is assign to the account by Instagram or Facebook and/or an on-line service provider. Each selected entrant may be required to provide Travel Penticton with proof that the selected entrant is the authorized account holder associated with the winning entry. (h) Travel Penticton will not accept entries by phone, fax or any other method not specifically permitted herein or if not received as provided herein. (i) Winner must comply with the entry requirements and Contest Rules or will be disqualified. 4. PRIZE. (a) (b) There is one (1) Prize available to be won in one (1) draw comprising all of the eligible entrants. This draw will take place on Friday June 1, 2018 and a winner will be selected at random from all eligible entrants. The Prize will be a FAM Tour for two (2) people as outlined on the webpage The maximum value of the prize package is approximately $ CAD. The winner is not entitled to monetary difference between actual Prize value and stated approximate Prize value, if any.

3 (c) The prize will be arranged by Travel Penticton within 2 weeks after the winner has been successfully contacted and notified of his/her Prize and fulfilled the requirements set out herein. (d) Guests must comply with the Contest Rules and sign and return the release (described below). (e) Prize must be accepted as awarded and cannot be transferred, assigned, substituted or redeemed for cash, except at the sole discretion of Travel Penticton. Any unused portion of a Prize will be forfeited and have no cash value. Travel Penticton reserves 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. 5. WINNER SELECTION. One (1) Winner shall be selected as follows: (a) One (1) prize winner will be selected in one (1) draw. This draw will take will take place on Friday June 1, The draw will take place in Penticton, British Columbia. One (1) entrant will be selected by a random draw from all eligible entries received during the Contest Period. Entrant shall be eligible to win only one (1) prize of afam Tour for two (2) people as outlined on the webpage (b) The odds of being selected as a potential winner are dependent upon the number of eligible entries received by Travel Penticton. 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 , to comply with the Contest Rules and sign and return the Release (described below). (c) THE SELECTED ENTRANT WILL BE NOTIFIED VIA THEIR SOCIAL MEDIA ACCOUNT no LATER THAN three days from the date that the draw is made. 6. RELEASE. Winner will be required to execute a legal agreement and release ( Release ) that confirms Winner s : (i) eligibility for the Contest and compliance with these Contest Rules; (ii) acceptance of the Prize as offered; (iii) release of Travel Penticton and their respective, subsidiaries, 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 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.

4 8. LIMITATION OF LIABILITY. Travel Penticton assumes 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. Travel Penticton is 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. Travel Penticton 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. Travel Penticton is not responsible for any problems, failures or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, , 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. Travel Penticton is 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. Travel Penticton assumes 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 Travel Penticton, 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 on the travelpenticton.com and visitpenticton.com websites and made available at Travel Penticton, 888 Westminster Avenue W, Penticton, BC V2A 8S2 throughout the Contest Period. Entrant further agrees to be bound by the decisions of Travel Penticton, which shall be final and binding in all respects. Travel Penticton reserves 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 and/or the Contest Website; (c) violating the terms of service, conditions of use and/or general rules or guidelines of any Travel Penticton 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, TRAVEL PENTICTON RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING BUT NOT LIMITED TO CRIMINAL PROSECUTION. Winner must at all times behave appropriately when taking part in the organized activities and observe the Contest Rules and any other rules or regulations in force at the locations. The Sponsors reserve the right to remove from the location, any Winner who breaks such rules and/or fails to behave appropriately and to disqualify such Winner. 10. PRIVACY / USE OF PERSONAL INFORMATION. (a) By participating in the Contest, entrant: (i) grants to Travel Penticton the right to use his/her name, mailing address, telephone number, and address ( Personal Information ) for the purpose of administering the Contest, including but not limited to contacting and announcing the Winners and (ii) grants to Travel Penticton 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; and (iii) acknowledges that Travel Penticton may disclose his/her Personal Information to third-party agents and service providers of any of the Sponsors in connection with any of the activities listed in (i) and (ii) above.

5 (b) If you tag your Post with all of the contest hashtags (e.g., #VisitPenticton, #BCTourismMatters, #TourismWeek), you agree to the following: i. You consent and grant to Travel Penticton the irrevocable, non-exclusive, transferable, sub-licensable, royalty free, worldwide right (but not the obligation), to (1) use, copy, perform, reproduce, edit, modify, display, broadcast, distribute, prepare derivative works of (or incorporate into other works), and otherwise exploit the Post (or any portion thereof) in any form, manner or media now or hereafter known including but not limited to posting or reposting the Post across Travel Penticton s digital properties (e.g., on Travel Penticton s branded websites and social media pages) and using the Post for commercial purposes including marketing, advertising, and publicity and (2) use your name, image, likeness, and username/ handle in connection with, or to reference the fact of, your Post to the extent you include such information in your Post. You understand and agree that you will not have any right to inspect or approve Travel Penticton s use of the Post, the Post will not be returned to you, and you will not be paid or otherwise compensated for Travel Penticton s use of your Post. Aside from the rights specifically granted herein, you retain ownership of all rights to your Post. ii. You represent and warrant that (1) your Post is your original creation for which you own and/or control all rights, (2) your Post does not infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party, or violate any other applicable laws or regulations, (3) your Post will not contain obscene, indecent, or harassing material or feature nudity or drug/alcohol abuse, (4) you have obtained the express permission of each identifiable person appearing in your Post to be included and displayed in the Post as provided herein, and (5) you have the full power and authority to grant the rights contemplated herein. iii. You understand and acknowledge that your Post may be open to public commentary that is not under Travel Penticton s direct control and does not necessarily reflect the views of Travel Penticton. While Travel Penticton may curate Posts, Travel Penticton is not responsible for their content or accuracy. You understand that you may be exposed to other Posts that you find offensive, indecent or otherwise objectionable. You understand and acknowledge that Travel Penticton shall not be liable for any loss or damage of any kind suffered by you in connection with Posts made available on Travel Penticton s websites or social media pages. Posts may be removed by Travel Penticton at any time and for any reason. iv. You agree not to take any legal action against, and hereby irrevocably release and discharge, Travel Penticton, and its directors, officers, employees, agents, affiliates, franchisees, licensees, or any other person or entity acting on its behalf, from all claims in connection with the use or viewing of Posts as contemplated herein including but not limited to any claims based on trademark, copyright, right of publicity, defamation or invasion of privacy. v. To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Travel Penticton and its directors, officers, employees, agents, affiliates, franchisees, and licensees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney s fees) arising from: (i) your violation of any term of this Policy; (ii) your violation of any third party right, including without limitation any trademark, copyright, property, or privacy right; or (iii) any claim that your Post caused damage to a third party. vi. The rights to Travel Penticton s information may be protected by patent, copyright, trademark, trade secrets or other proprietary rights owned by a third party other than Travel Penticton. Additionally, certain content displayed and contained within Travel Penticton pages is the original authorship of Travel Penticton and is owned exclusively by Travel Penticton. By being a User of or Posting on any of Travel Penticton s Pages, you acknowledge that you may not modify, publish, transmit, display, copy, participate in the transfer or sale, create derivative works, or in any way exploit any of the content found, whether owned by Travel Penticton or a third party, other than as provided herein. vii. You may request removal of any of your User-Generated Content by sending a removal request to ask@visitpenticton.com. Your must include a link to the URL of the page on which your User-Generated Content is posted or a description of the page on which it is posted.

6 viii. Travel Penticton respects the intellectual property rights of others and expects Users to do the same. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement you may notify our designated copyright agent by mail at Travel Penticton, 888 Westminster Avenue W, Penticton, BC V2A 8S3 ATTN: MARKETING DEPARTMENT or at ask@visitpenticton.com. Please make sure to include the following information with your notification: identification of the material that is claimed to be infringing and information reasonably sufficient to permit A&F to locate the material including a link to or URL for the material; identification of the copyrighted work or a representative list of the works claimed to have been infringed; an electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; your name, address, telephone number, and address, so that we may contact you if necessary; a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner s behalf. (c) By opting-in online you consent to disclosure of your Personal Information to Travel Penticton so that you may be contacted to promote draws and contests similar to the Contest, promote opportunities to subscribe to newsletters or promotional clubs, and notify you about related products or services. 11. INTELLECTUAL PROPERTY. All intellectual property, including but not limited to trademarks, trade names, logos, designs, promotional materials, web pages, source code, drawings, illustrations, slogans and representations are owned by Travel Penticton 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. Travel Penticton reserves 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 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 entry form, or point of sale, television, or online advertising, the terms and conditions of the Contest Rules shall prevail, govern and control.