FULL CONTEST RULES AND REGULATIONS
NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED. The Thomas Cook Canada dba Sunquest Vacations, YourQuest Two contest begins at 1:00 pm Eastern Time on March 4, 2009 and ends at 12 noon ET on April 13, 2009. The Contest is exclusively sponsored by Thomas Cook Canada dba Sunquest Vacations (hereinafter referred to as the "Sponsor"). A copy of these Full Contest Rules and Regulations may be found at www.yourquest.ca or by sending a self-addressed postage-stamped envelope to: Sunquest's YourQuest Two Contest, Sunquest Vacations, 75 Eglinton Ave East, Toronto, ON M4P 3A4.
1. Eligibility for Entry.
The Contest is open only to legal residents of Canada who have reached the age of majority in the Province or Territory in which they reside and is governed under Canadian Law. Employees of the Thomas Cook Canada Inc., its affiliates, advertising and promotional agencies, any independent judging organization, or any others associated with the development and execution of the Contest, as well as members of the immediate family (defined as spouse, children, siblings and parents, regardless of where they reside) and household (whether related or not) of such employees are not eligible to participate in the Contest.
To be eligible to win entrant(s) must meet the following criteria:
Be of legal age in the province or territory they reside
Be a legal resident of Canada
NOTE: - This contest is void where prohibited and thus not open to residents of Quebec
Be able to travel on the specified dates as outlined in the PRIZE section of these terms and conditions and meet all legal requirements for travel to the destination of the prize location.
ENTRY IN THIS CONTEST CONSTITUTES ACCEPTANCE OF THESE CONTEST RULES (THE "CONTEST RULES").
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 this 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. How to Enter and Winning Selection
There is no purchase necessary to enter the Contest. Only online entries will be accepted. All entries must be done through www.YourQuest.ca or the YourQuest page on FaceBook.com No entries will be accepted by any other means.
All contestants must join the YourQuest group on FaceBook.com to be eligible to win.
Upon joining the Yourquest FaceBook.com group, every contestant must provide the name of a person or source as to how they were referred to the site. In order to do this, the entrant must click the confirm entry on the YourQuest Facebook.com page and enter all required information on the form or visit www.YourQuest.ca directly and confirm by filling out the form.
Entries received directly from www.yourquest.ca who are not signed up as members on the YourQuest FaceBook.com group will be disqualified.
Upon signing up to the YourQuest FaceBook.com group and confirming their registration, the new member may solicit other sign-ups in order to increase their chance of winning. Each entrant will receive one ballot for every new member on the YourQuest FaceBook.com group who identifies that entrant as the referral source. There is no limit to the amount of referrals any individual can obtain.
A referral must be unique for each entry in that the same contestant cannot register to win and use the same referral name for more than one entry.
In the event a new member does not identify any existing member as the source of referral or chooses a Sunquest direct communication as the source, no new ballot will be awarded to any entrant.
One (1) winner will be randomly drawn from all members on the YourQuest FaceBook.com site. The member who is identified on the winning ballot as the original referral, will also win.
In the event the winner drawn does not have the name of a referring individual attached to their profile due to the fact they were referred directly from a Sunquest communication and/or from the www.sunquestvacations.ca web and/or from any other Thomas Cook Canada site a second winner will be randomly drawn from all entries received within the contest period.
3. Entry Conditions:
Submission of erroneous or incomplete personal information will void the submitted entry. Entries will be audited for complete and accurate information before any prizes are awarded and sent. All entries must be received within the Contest Period to be eligible.
Should multiple users of the same e-mail address enter the Contest and a dispute thereafter arises regarding the identity of the entrant, the authorized account subscriber of said e-mail address at the time of entry will be considered the entrant. "Authorized account subscriber" is defined as the natural person who is assigned an e-mail address by an Internet access provider, on-line service provider or other organization, which is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Every entry must be manually key-stroked and manually entered by the entrant and repetitive, automated electronic submission of entries is specifically disallowed. Use of automated entry software or programs is strictly prohibited.
The winners must agree to provide at least 25 photos and a brief outline of their holiday which might be uploaded and displayed on the www.sunquestvacations.ca web site upon return from their vacation.
All entries and photos submitted by the winners become the property of the Sponsor and none will be returned for any reason nor used without permission of the Entrant provided by the winner signing a release form as outlined in section 6 – Confirmation of Winners. Entries will be declared invalid if they are late, illegible, incomplete, damaged, irregular, mutilated, forged.
4. Grand Prize:
Two (2) grand prizes will be awarded after Winner has been successfully contacted by the Sponsors and notified of his/her prize, and has complied with the Contest Rules.
Winner and participants must be available to travel within the specified dates between May 1, 2009 and December 15, 2009 (excluding any blackouts as outlined later in this section). Dates are subject to flight and hotel availability and may be subject to change. Should Winner and/or participants be unable to travel on the dates and times designated by the Sponsor, the sponsor reserves the right to chose through another random draw another winner and the prize will be forfeited and awarded by the Sponsor to an alternate winner. Winner and participants will be responsible for all costs and expenses not expressly included in the Grand Prize, such as transportation to and from the nearest gateway from which Sunquest operates a charter flight, overnight accommodation if required, travel and medical insurance, travel documentation, airport improvement fees, telephone calls, in-room charges, etc.
The Grand prize does not include Travel Insurance and the Sponsor recommends travel and medical insurance be purchased at time of booking if so desired.
Grand Prize(s) must be accepted as awarded and cannot be transferred, assigned, substituted or redeemed for cash. The Sponsor reserves the right in its sole discretion to substitute a prize of equal or greater value if the Grand Prize (or any portion thereof) cannot be awarded for any reason. Cash equivalents for any unused portions will not be awarded.
There are two grand prizes, the components are as follows:
a) YourQuest FaceBook.com Member Prize:
There is one (1) grand prize consisting of roundtrip air transportation for two (2) people between any gateway from which Sunquest operates a charter flight and Cancun, Mexico; 7-nights accommodation at the Club Diamond at Gran Bahia Principe Tulum in Mexico in one (1) standard room based on double occupancy; return transfers between the hotel and airport in destination; all meals, drinks, activities and entertainment as described in the current Sunquest Southern Sun brochure or website.
b) YourQuest FaceBook.com Referral Prize:
There is one (1) grand prize consisting of roundtrip air transportation for two (2) people between any gateway from which Sunquest operates a charter flight and Punta Cana in Dominican Republic; 7-nights accommodation at the Club Diamond at Gran Bahia Principe Bavaro in Punta Cana one (1) standard room based on double occupancy; return transfers between the hotel and airport in destination; all meals, drinks, activities and entertainment as described in the current Sunquest Southern Sun brochure or website.
· This offer has no cash value, cannot be changed or substituted and is non-transferable and non-refundable. Prize must be accepted as awarded.
· Prizewinners must allow up to three weeks for the processing of requested dates, giving a first and second choice.
· Domestic connector airfare, transfers and/or overnight hotel accommodations in Canada are not included.
· Once the holiday package arrangements have been confirmed no changes will be permitted.
· All bookings are subject to 100% cancellation penalties.
· Sunquest Vacations retains the right to substitute components of the holiday package.
· Documentation(s) is the sole responsibility of the passenger(s). The passenger(s) at his/her expense must obtain all documentation(s) required by all relevant government authorities (this will vary depending on Citizenship status).
- Sunquest Vacations cannot guarantee that destination airports, coaches, transfer vehicles and accommodations will be wheelchair accessible. Services required for passengers with special needs are not included in the package and may not be available.
- Travel insurance including medical insurance is not included in the package and is the sole responsibility of the passenger(s).
- Expenses incurred for items of personal nature, local excursions and any gratuities are the responsibility of the passenger(s).
- Sunquest shall not assume responsibility for any refunds, losses, damage, costs or expenses arising out of the following: mechanical breakdown, government action, weather, strike or any other action beyond Sunquest's control; denial of access to the carrier due to contravention of the conditions of carriage or improper travel documentation; failure to clear customs or missed flights or connections.
- For additional terms and conditions please refer to the current Sunquest Southern Sun brochure.
Subject to the right of the Sponsor, in its sole discretion, to substitute a prize or a component of a prize of equivalent value without prior notification, no cash or other prize substitution is permitted. PRIZES ARE AWARDED "AS IS" WITHOUT ANY REPRESENTATION, WARRANTY OR GUARANTEE OFFERED BY THE SPONSOR. All prize details are at Sponsor's discretion.
5. Odds of Winning
The odds of being selected as a potential winner are dependent upon the number of eligible entries received by the Sponsor. Before being declared a Winner, the selected potential winner 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.
6. Confirmation of Winners:
THE SELECTED POTENTIAL WINNER WILL BE NOTIFIED BY TELEPHONE MESSAGE OR E-MAIL NO LATER THAN April 25, 2009 AND MUST RESPOND WITHIN three (3) BUSINESS DAYS OF NOTIFICATION. Upon notification, the selected potential winner must respond by telephone to the contact number provided in the notification, and the selected potential winner's response must be received by the Sponsor within three (3) business days of such notification. At the time of the potential winner's response, the potential winner must re-confirm the names of all participants. If the selected potential winner does not respond in accordance with the Contest Rules, he/she will be disqualified and will not receive a prize and another potential winner may be selected in the Sponsor's sole discretion. The Sponsor is not responsible for the failure for any reason whatsoever of a selected potential winner to receive notification or for the Sponsor to receive a selected potential winner's response.
In accordance to Canadian Law, all winners must without assistance from human or mechanical devices answer a skill testing question. Failure to answer this skill testing question by ether refusal to answer or an incorrect answer will disqualify the winner and forfeit any and all of the prize. The Sponsor at their sole discretion will then have the right to draw and award the prize to a new winner.
7. Personal Information:
The entrant, by entering the Contest and voluntarily providing his or her personal information (including, but not limited to name, e-mail address, province (collectively, the "Entrant Information"), consents and agrees to the Sponsor's collection and use of the Entrant Information to administer the Contest. No other use or disclosure will be made of Entrant Information: a) unless entrant indicates on his/her entry form that he/she wishes to receive news on the Sponsor and its affiliates' products, special offers, contests and events, in which case Entrant Information may be used to provide such news, and b) except that the winner's personal information may be used and disclosed by the Sponsor, its affiliates and their respective designees as described in Rule 8 below. You may revoke your consent to the Sponsor's use of your Entrant Information at any time (which will also revoke your participation in the Contest), and have access to or correct such information, by writing to Sunquest "YourQuest Promotion" - Unsubscribe, 75 Eglinton Avenue East, Toronto, ON, M4P 3A4. See the Sponsor's Privacy Policy at http://www.sunquest.ca/aboutus/privacy_policy.asp.
By entering this contest, the contestant provides permission for the Contest Sponsor to use the names and photos of other participants who appear in the photo for the purpose of administering the Contest. The contestant shall take all responsibility and acknowledges they have obtained permission for all participants in the submitted photo to all terms and conditions of this Contest as outlined in this document. No other use or disclosure will be made of other participants Information: a) except that the participants personal information may be used and disclosed by the Sponsor, its affiliates and their respective designees as described in Rule 8 below.
8. Miscellaneous:
All entries become the property of the Sponsor upon receipt and will not be returned or acknowledged. Proof of entry submission does not constitute proof of receipt. No correspondence will be entered into except with the selected entrants and entrants who request a copy of the Rules and/or the names of the winners by writing to Sunquest "YourQuest Two" Rules or Sunquest " YourQuest Two" Winners, 75 Eglinton Ave East, Toronto, ON M4P 3A4 on or before April 17. 2009. By submitting an online entry form for the Contest and/or participating in a Grand Prize travel package, the entrant and each participant agrees as follows: (i) to abide by and be bound by the Rules, including the eligibility requirements, failing which, an entrant may be disqualified; (ii) to abide by and be bound by all decisions of the Sponsor and judges, whose decisions shall be final and binding in all matters relating to the Contest; and (iii) by accepting a prize, to allow the use of the entrant's name, likeness, city and province/territory of residence, statements, voice and biographical data by the Sponsor and its affiliates and their respective designees in perpetuity throughout the world in any media or format, whether now known or hereafter developed, including but not limited to the World Wide Web, at any time or times without further compensation, permission or notification, and to provide written certification to that effect.
9. Release:
By submitting an online entry for the Contest and/or participating in a Grand Prize travel package the Winner and/or participants will be required to execute a legal agreement and release and acknowledgement ("Release") that confirms Winner's and Participants': (i) eligibility for the Contest and compliance with these Contest Rules; (ii) acceptance of the Grand Prize as offered; (iii) release of the Sponsor and it's respective parent companies, subsidiaries, affiliates, employees, directors, officers, suppliers, agents, sponsors and administrators (collectively, the "Releasees") from any and all liability for any loss, harm, damages, cost or expense arising out of participation in this 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; (iv) grant to the Sponsor of the unrestricted right, in the Sponsor's collective or individual discretion, to publish, reproduce, convert, broadcast, communicate by telecommunication, exhibit, distribute, translate, adapt and otherwise use and re-use the photo and Winner's and Participants' names, photograph, likeness, voice and biographical material in any and all media now known or hereafter devised, in connection with the Contest and the promotion and exploitation thereof and acknowledge and agree to the terms and conditions (including the disclaimers and limitation of liability therein) applicable to the Sunquest travel packages set forth in the Sunquest 2008-2009 Southern Sun brochure and/or website. The executed Release must be returned within two (2) business days of the verification as a Winner or the selected potential winner will be disqualified and the prize forfeited.
10. Limitation of Liability:
For greater certainty, and without limiting in any manner the release of liability provisions above, the Released Parties are not responsible for: (i) lost, interrupted or unavailable network, server or other connections, miscommunications, failed phone, computer or telephone transmissions or other technical failures, jumbled, scrambled or misdirected transmissions, or other errors of any kind, whether human, mechanical, electronic or otherwise or for any damage to entrant's or other person's hardware or software as a result of participation in the Contest; (ii) entries that are lost, late, stolen, misdirected, inaccurate, damaged, garbled or delayed or any combination thereof (and all such entries will be void); (iii) any errors or omissions in printing or advertising the Contest or in any Contest-related materials, the administration of the Contest or the processing of entries in the Contest; (iv) any failure for any reason whatsoever of the selected entrants to receive a prize notification e-mail; or (v) any changes in Entrant Information after Contest entry forms are submitted.
11. Law:
These are official Contest Rules. This Contest is subject to applicable federal, provincial and municipal laws and regulations. These 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 Ontario 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.
12. 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.
13. Disqualification; Modification or Termination of Contest:
Person(s) found tampering with or abusing any aspect of the Contest, as solely determined by the Sponsor, will be automatically disqualified (and all associated entries void) from this and, at the Sponsor's option, any future promotion conducted by the Sponsor, and the Sponsor shall have the right to pursue any and all legal remedies against such person(s). In the event the Contest is compromised by virus, bugs, non-authorized human intervention or other causes which corrupt or impair the administration, security, fairness or proper play of the Contest, the Sponsor reserves the right in its sole discretion, to modify, suspend or terminate the Contest or any portion thereof without notice and/or terminate the participation of any entrant (and void his/her entry) whose conduct potentially compromises the Contest and at its sole discretion to award the prizes from among all eligible non-suspect entries received prior to the impairment.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE CONTEST WEBSITE, YOURQUEST.CA 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, 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 Participants must at all times behave appropriately when taking part in the Grand Prize and observe the Contest Rules and any other rules or regulations in force at the HOST Resort property. Sponsors reserve the right to remove from the HOST resort property any Winner and/or Guest who breaks such rules and/or fails to behave appropriately and to disqualify such Winner and/or Guest.
14. Sponsor: Thomas Cook Canada dba Sunquest , 75 Eglinton Ave East, Toronto, ON, M4P 3A4
© Sunquest, 2009.