SPREAD YOUR WINGS & FLY TO EUROPE CONTEST. CONTEST RULES (the Rules )

Transcription

1 SPREAD YOUR WINGS & FLY TO EUROPE CONTEST CONTEST RULES (the Rules ) The SPREAD YOUR WINGS & FLY TO EUROPE contest (the Contest ) is organized by Transat Tours Canada Inc. doing business as Air Transat (the Organizer ). The Contest takes place on Instagram, Facebook and Twitter and begins on 01/04/2014 at 09:00 a.m. Montreal time (the Contest Opening Date ), and ends on 22/04/2014 at 11:59 p.m. Montreal time (the Contest Closing Date ). 1. ELIGIBILITY The Contest is open to all residents of Canada who have reached the age of majority in their province or territory of residence by the Contest Opening Date, except for employees, agents and representatives of the Organizer, its subsidiaries, affiliates, affiliated companies, advertising or promotion agencies, the suppliers of material, prizes and services related to this Contest, and any other stakeholder directly related to the holding of the Contest, as well as the members of their immediate family (father, mother, brothers, sisters, children and legal or de facto spouse) and anyone with whom these employees, representatives and agents reside. 2. HOW TO ENTER 2.1. No purchase necessary 2.2. To enter the Contest, the contestant (the Contestant or Contestants ) must, in order to be eligible, do one of the following: Between the Contest Opening Date and the Contest Closing Date, post on Instagram (http: using the hashtag #TransatEurope, a picture of someone spreading his arms out like a plane. The photography must represent a European destination (either a country or a specific city) where Air Transat flies through the use of a costume, an accessory or any other element representing the place illustrated. The picture may contain more than one person. Before participating in the Contest, the Contestant must deactivate the setting Posts are private in his/her account. The Contestant must also follow Air Transat on Instagram Between the Contest Opening Date and the Contest Closing Date, access the contest application on the Air Transat Facebook page. The Contestant must then complete the Contest entry form and upload a picture of someone spreading his arms out like a plane. The photography must represent a European destination (either a country or a specific city) where Air Transat flies through the use of a costume, an accessory or any other element representing the place illustrated. The picture may contain more than one person. The Contestant must also provide the following mandatory information: (i) the name and surname of the Contestant; (ii) the Contestant s address; (iii) the Contestant s telephone number; (iv) the Contestant s province or territory of residence; and (v) the Contestant must confirm that he/she has reached the age of majority in his/her province of residence and that he/she has read and understood the Contest Rules and this before the Contest Close Date to be automatically entered. In order to access the contest application, the Contestant must also like Air Transat on Facebook Between the Contest Opening Date and the Contest Closing Date, post a tweet on Twitter (http: using the hashtag #TransatEurope and include a picture of someone spreading his arms out like a plane. The photography must Page 1 of 6

2 3. PARTICIPATING RULES represent a European destination (either a country or a specific city) where Air Transat flies through the use of a costume, an accessory or any other element representing the place illustrated. The picture may contain more than one person. The Contestant must also follow Air Transat on Twitter ANY AND ALL PHOTOGRAPH CONSIDERED INAPPROPRIATE OR OFFENSIVE WILL BE DISQUALIFIED, AT THE SOLE DISCRETION OF THE ORGANIZER. The Organizer reserves the right to refuse or eliminate any photograph and/or caption associated therewith which: does not respect the theme imposed; was not created by the Contestant; lacks technical quality (i.e. clarity and lighting) making it inadequate for use; is vulgar or obscene; is libellous; is inconsistent with the laws in force; is contrary to good morals and/or public order; contains racial hatred or any other form of discrimination; violates in any way the rights of a third party and notably personality rights; contains elements protected by intellectual property rights (copyright, trademark, industrial design, etc ) 3.2. The photographs submitted by the Contestants (the Photograph or the Photographs ) will become the property of Transat Tours Canada Inc. and will not be returned to the Contestants. The Contestants declare that the Photographs are legal notably with respect to copyright, right to one s image, reputation and right to privacy, to the Criminal Code and any other applicable legislation in this regard. The Contestants are also declaring being the lawful owner of the rights associated with the Photographs and are legally entitled to provide the required authorizations to offer Transat Tours Canada Inc. with the licence described thereafter Transat Tours Canada Inc. reserves the right to use the Photograph. By submitting the Photographs, the Contestants grant Transat Tours Canada Inc. a perpetual, worldwide, nonexclusive, irrevocable and royalty-free licence to reproduce, edit, distribute or publish the Photographs on any and all media, platform or any other means of communication. Furthermore, the Contestants waive any and all moral rights they may have in the Photographs, thereby authorizing Transat Tours Canada Inc. to use said Photographs as it sees fit and to use the Contestants name, image and voice, as the case may be, in relation to the use of the Photographs. 4. PRIZES Three (3) prizes (the Prize or the Prizes ) shall be awarded to three (3) Contestants whose Photographs are selected according to article 6. Page 2 of 6

3 4.1. The Prize consists of a roundtrip flight in Economy class for two (2) adults from one of our canadian gateways to a Europe destination where Air Transat flies chosen by the Contestant. Departures are from one of the major Canadian airports from which Air Transat flies, but the choice of destination is dependent on the availability and schedules of Air Transat flights for each departure city. Transportation to the departure city as well as all other travel expenses such as hotel, meals, transportation, personal expenses, etc. are at the Contestant s own expenses and his/her travelling companion. The following black-out dates apply: Quebec summer holidays (from July 20 to August 2, 2014). The total value of each Prize is $3,000. Should a winner select a flight valued at less than $3,000, there will be no remittance of money in cash or as a credit for the difference. 5. CONDITIONS ATTACHED TO THE PRIZE 5.1. The selected Contestant and his/her travelling companion must travel together both ways. Travel arrangements will be made by Air Transat.Trip must be reserved by October 31, 2014 at the latest and completed before December 23, Reservations are subject to the availability of Air Transat at the time of the reservation. The terms and conditions of Air Transat s website are applicable. Taxes, airport fees, customs duties, entry fees and tourist cards, surcharges, insurance charges, personal expenses, personal travel insurance and travel documents are not included in the Prize. Air Transat strongly recommends that the selected Contestant and his/her travelling companion take out travel insurance at time of the reservation On the travelling date, the selected Contestant and his/her travelling companion must have the legal right to leave Canada and to return to Canada and must have the legal right to enter and leave the destination country to which they are bound. They are fully responsible for obtaining, at their own expense, all documentation necessary for the trip as required by the authorities concerned, including, but not limited to, visas, passports and vaccination certificates. These shall be obtained before departure. The selected Contestant and his/her travelling companion shall comply with the Contest validity dates and accept the alternatives proposed by Air Transat, if this proves necessary. Air Transat reserves the right to offer a comparable prize if a program is cancelled in the case of circumstances beyond its control All of the personal expenses of the selected Contestant and his/her travelling companion are their sole responsibility. The Contestant and his/her travelling companion are responsible for their own transportation upon departure and arrival at the Canadian airport of departure, as determined by Air Transat. The Organizer shall assume no responsibility of any nature whatsoever for any postponement, delay or cancellation of the flight for any reason whatsoever, including, but not limited to, weather conditions or equipment breakdown or failure. The travelling companion of the selected Contestant shall be a Canadian resident who has reached the age of majority in his/her province by the Contest Opening Date. In the event that the Prize is not accepted in accordance with the conditions attached thereto, the Prize shall be deemed forfeited or non-available Reservations and arrangements for the Prize related to reservation of the package must be made by Air Transat, and will be subject to availability. To reserve, the selected Contestant must contact Caroline Gagnon at , ext or by at caroline.gagnon@transat.com The Prize offered must be accepted as awarded and is not exchangeable, refundable, transferable or convertible into cash. 6. SELECTION PROCESS AND DESIGNATION OF WINNER Page 3 of 6

4 6.1. The Photographs submitted by the Contestant before the Contest Closing Date which are consistent with the Rules and which were not excluded pursuant to article 3 of the present Rules may be submitted to a jury constituted by the Organizer, at its entire discretion; 6.2. Between the Contest Opening Date and the Contest Closing Date, the Organizer might, at its entire discretion, post or share on its Facebook, Twitter or Instagram pages some Photographs submitted by some Contestants (the Favorites ); 6.3. The Organizer, at its entire discretion, will select twenty (20) photographs (the Finalists ), and will submit them to the jury at the end of the contest; 6.4. The jury is in no way bound by the Favorites or the Finalists with regard to the winning photographs for the three (3) Prizes and the Favorites and the Finalists are not an indication of the jury s eventual decision. The Photographs selected to be the Favorites or the Finalists will not entitle the Contestants having submitted said Photographs to a Prize unless selected by the jury pursuant to article 7 of the present Rules 6.5. Once the Contest Closing Date has elapsed, the jury may select the winners from the Photographs chosen to be the Finalists; 6.6. The jury will select the photographs based on the following criteria: creativity, and integration of the theme. Popularity of the pictures on social media (number of votes) might also be taken into consideration The jury will rank six (6) photographs in order of preference The photographs ranked first (1st), second (2nd) and third (3rd) will be the winners of the Prize, subject to the conditions related to the claiming of the Prize as set forth in article 7 of the present Rules The selection of the winners (the Selection ) will take place on April 30th, 2014 at 4:00 p.m., Montreal Time, at the offices of Transat Tours Canada Inc., located at 300, Léo-Pariseau, Montréal. 7. PRIZE CLAIM 7.1. In order to be declared a winner (the Winner ), the selected Contestant must: fulfill the conditions for participation set out in article of the Rules; within twenty-four (24) hours from the receipt of a communication from the Organizer of the Contest (by for a Contestant who participated via Facebook or by private message for someone who participated via Instagram or Twitter), correctly answer the mathematical skilltesting question that will be asked. Instagram and Twitter Contestants must also provide a valid address; within twenty-four (24) hours from the receipt by of the declaration and waiver form from the Organizer (the Declaration ), complete, sign and return by to the Organizer the Declaration which shall contain notably the required personal information (telephone number, etc.) and confirming that he/she is the exclusive author of the Photograph, that he/she is the one who actually posted it on Facebook, Instagram or Twitter, that he/she has reached the legal age of majority in his/her province of residence and that he/she complies with the present Rules in their entirety. Twenty-four (24) hours thereafter, the Organizer will contact the Contestant by and/or by telephone. Page 4 of 6

5 7.2. If it is impossible to reach one or all three selected Contestants by telephone or by in the above-mentioned delays or that the Contestant(s) do(es) not meet the conditions stipulated in the present Rules, the Contestant(s) will be disqualified and the Prize that would have been awarded will be forfeited. In such a case, the Contestant having submitted the photograph ranked fourth (4 th ) will be contacted and will have to meet the conditions set forth in Article 7.1 of the present Rules. If it is impossible to reach the Contestant having submitted the photograph ranked fourth (4 th ) or the said Contestant does not meet the conditions stipulated in the present Rules, the Contestant will be disqualified and the Prize that would have been awarded will be forfeited. In such a case, the Contestant having submitted the photograph ranked fifth (5 th ) will be contacted and will have to meet the conditions set forth in Article 7.1 of the present Rules. If it is impossible to reach the Contestant having submitted the photograph ranked fifth (5 th ) or the said Contestant does not meet the conditions stipulated in the present Rules, the Contestant will be disqualified and the Prize that would have been awarded will be forfeited. In such a case, the Contestant having submitted the photograph ranked sixth (6 th ) will be contacted and will have to meet the conditions set forth in Article 7.1 of the present Rules. If it is impossible to reach the Contestant having submitted the photograph ranked sixth (6 th ) or the said Contestant does not meet the conditions stipulated in the present Rules, the Contestant will be disqualified and the Prize that would have been awarded will be forfeited; 7.3. The winner will be named within thirty (30) days following the selection date for the Prize Failure to observe any of the conditions mentioned above or any other conditions stipulated in these Rules, the selected Contestant will be disqualified and the Prize that would have been awarded will be forfeited. Within the days following receipt of the duly completed Declaration, the Organizer of the Contest will contact the winner to inform him/her of how to claim the Prize. 8. PERSONAL INFORMATION 8.1. From time to time, the Organizer, with the Contestant s consent, may use the personal information provided by the latter for the purpose of: Communicating with the winner so he/she can take possession of the Prize; Communicating with the Contestant directly in relation to goods and services offered by the Organizer, including special offers and information on travel services; and Conducting a survey regarding the effectiveness of the website, advertising and sales efforts made by the Organizer The Contestant shall indicate whether he/she consents to his/her personal information being used by checking the box to this effect on the Declaration. For further information regarding the use of personal information by the Organizer as described in the Policy regarding the protection of personal information and the right to privacy adopted by Transat A.T. Inc. and its affiliates, the Contestant is invited to visit the websites and/or 9. GENERAL CONDITIONS 9.1. The Contest Organizer reserves the right to disqualify a Contestant or cancel his/her entry if he/she enters or attempts to enter this Contest in a manner that does not comply with these Rules. The Organizer may refer the matter to the appropriate judicial authorities. Any decision of the Contest Organizer regarding this aspect of the Contest is final and without appeal. Page 5 of 6

6 9.2. By entering this Contest, the selected Contestant and his/her travelling companion agree, without receiving any additional compensation, to the use of their name, address, city, province, voice, comments, photographs and/or other likeness for advertising and promotional purposes by the Organizer This Contest is subject to the federal, provincial and municipal laws, regulations and by-laws Any Photographs that are incomplete, received after the Contest Closing Date, lost, irregular in any way or sent by an unauthorized method shall be deemed null and void and will not be accepted for the draw The Contest is administered by the Organizer. The Organizer assumes no responsibility for photographs that are received after the Contest Closing Date, lost, stolen, misdirected, unopenable, incomplete, falsified, altered or destroyed, and such photographs shall be deemed null and void. The Organizer will assume no responsibility for any problem, failure or technical malfunction of a website, network line, online computer system, peripheral telephone, software, server, provider, or browser or any other technical malfunction that may occur, including, but not limited to, a problem of the transmission or non-transmission of a photograph, for any reason whatsoever. The Organizer is not responsible in any way for erroneous or inaccurate information, whether caused by website users or by the equipment and/or programs associated with or used by the Contest or by a technical or human error that may have occurred in conducting the Contest, including in the processing of photographs. The Organizer assumes no responsibility for any error, omission, interruption, loss or fault relating to operation or transmission, failure of communication lines, loss or destruction or prohibited access to or modification of the photographs. The Organizer is not responsible for any injuries or damages that may result from the holding of the Contest. All photographs become the property of the Organizer and will not be returned to the Contestants. The Organizer reserves the right to destroy all the documents pertaining to the Contest once the retention period as required by law has expired. The Organizer reserves the right, at their sole discretion, to cancel, modify or postpone the Contest at any time, without prior notice, if any factor prevents the holding of the Contest pursuant to these Rules or in accordance with any law, regulation, by-law or policy of any entity having jurisdiction over the Organizer By entering the Contest, the Contestant acknowledges having read and understood these Rules and agrees to be bound by them and to comply with them. The Contestant declares that the Rules are understandable and reasonably available for consultation The Winner s name may be obtained by writing to Spread your wings & fly to Europe, Attention: Caroline Gagnon, Transat Tours Canada Inc., 300 Léo-Pariseau, Montréal, Quebec, H2X 4C Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux (the Régie ) 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. Page 6 of 6