Winnipeg Music Study 2019 conte...

WINNIPEG MUSIC STUDY 2019 (the “Contest”)

OFFICIAL RULES (the Official Rules”)

NO PURCHASE NECESSARY TO ENTER

CONTEST SPONSOR: The Contest is sponsored and administered by Audience Insights, Inc. (the “Sponsor”) with their main office located at 22 Marowyne Drive, Toronto, Ontario M2J 2A4, Canada.
CONTEST PERIOD (the “Contest Period”): The Contest begins at 12:00 a.m. Eastern Daylight Time (“EDT”) on August 1, 2019 and ends at 11:59:59 p.m. EDT on September 2, 2019.
ELIGIBILITY: Subject to the provisions of this Rule 3, the Contest is open to residents of Canada, excluding Quebec, who are 18 years of age or older. Persons in any of the following categories are NOT eligible to participate in, or to win a prize (a “Prize”) in the Contest: (a) any person who was or is a director, officer, employee, member, manager, or agent of the Sponsor or of Rogers Communications Inc. ("Rogers"); (b) any person engaged in the development, production or distribution of materials for the Contest; (c) any person who is or purports to be an immediate family member (defined as spouse, dependent for federal income tax purposes, half-sister, half-brother, or step-, biological, foster, in-law or adoptive mother, father, sister, brother, daughter or son) of, or who resides or is domiciled in the same household as, any person in any of the preceding categories. In these Official Rules, a person who is eligible to enter the Contest is called an “eligible person” and a person on whose behalf an entry (an “Entry”) into the Contest is recorded is called an “Entrant”.
HOW TO ENTER THE CONTEST: During the Contest Period, respondents are invited to an online survey to offer their opinion of songs. Information will be provided to the listener respecting how to do that. As instructed in the survey, for each group of songs in the survey that an eligible person completes, he/she then will be offered the opportunity to have an Entry into the Contest recorded on his/her behalf by entering his/her name and valid email address into the applicable field in the survey When a listener does that during the Contest Period, an Entry will be recorded into the Contest on behalf of that respondent for each group of songs rated.
PRIZES AND CHANCES OF WINNING A PRIZE: There is one (1) Prize of $1,,000 available to be won in the Contest. The chance of winning that Prize will depend on the number of Entries recorded by the Sponsor during the Contest Period.
THE DRAW (the “Draw”), SPONSOR FOLLOW-UP WITH POTENTIAL PRIZE WINNERS, PRIZE DELIVERY, AND RELATED MATTERS: On or about September 3, 2019, the Sponsor will select, at random, from among all eligible Entries received, one (1) potential winning Entry for the Prize [and two (2) backup potential winning Entries (each a “Backup Entry” or and together, “Backup Entries”)]. Subject to the provisions of these Official Rules, the Entrant whose Entry is selected as the potential winning Entry for the Prize will be the potential winners of the Prize available to be won in the Contest. The potential Entrant whose Entry was selected will be notified to the effect that they are a potential winner of the Prize in the Contest by the Sponsor by email as follows: a potential winning notification will be sent via email within five (5) business days following the date of the draw, to the email address provided in his/her survey response. A potential Prize winner will be required to contact the Sponsor, in accordance with the information provided in the email, and to do so by the date stated in that email. If that contact occurs, the Sponsor will supply the potential Prize winner by email with a declaration and release document (a “Declaration and Release”), together with instructions to complete and submit the Declaration and Release to the Sponsor, and stating the deadline by which the Declaration and Release must be received by the Sponsor. The Declaration and Release contains among other things a release of liability, a publicity release and the Skill-Testing Question (the “Skill-Testing Question”) which must be correctly answered by the potential Prize winner without any assistance, whether electronic, mechanical or other. The Declaration and Release must be completed and submitted to the Sponsor by the potential Prize winner within the time period stated in the email which transmitted the Declaration and Release. If the Sponsor finds that a potential Prize winner has properly submitted and completed the Declaration and Release (and that the Skill-Testing Question is correctly answered), then that potential Prize winner will be declared the winner of the Prize. The Prize will be sent via Interac email to the address on the contest entry and if the Interac email transfer is undeliverable to that address, the Prize will be forfeited by the Entrant who won the Prize and the Prize will not be awarded in the Contest. If a potential Prize winner fails to contact or to respond to the Sponsor as referred to above or fails to complete properly and return the Declaration and Release by the deadline, or if his/her answer to the Skill-Testing Question is not correct or no answer to the Skill-Testing Question is provided, then that potential Prize winner will be disqualified from the Contest and will not receive the applicable Prize. In such a case, the Entrant respecting whom the first Backup Entry drawn was recorded will be notified by the Sponsor and the process described above for the Prize will apply to that Entrant. The Sponsor will continue that process until no Backup Entries remain in which case the Prize will be forfeited and will not be awarded in the Contest. If, for any reason, an Entrant whose Entry is drawn is not declared the winner of the Prize, then that potential Prize winner will not have any claim against the Sponsor or against any other person, firm or corporation in respect of the Prize, the Contest, or any matter related to the Contest.
LIMITATION OF PRIZE AWARDS: No entrant will be awarded more than one (1) Prize in the Contest.
GENERAL RELEASE AND CONDITIONS OF PARTICIPATION: Entrants assume all risk of transmission, mailing, loss, damage, destruction, delay and misdirection of an Entry and/or a Declaration and Release. Sponsor, and all of Sponsor’s shareholders, officers, directors, agents, representatives and employees are not responsible for: (a) incomplete, misdirected, late, lost, garbled, unintelligible, damaged, stolen, non-delivered or postage-due submissions of a Declaration and Release or other Contest-related materials whether caused by Entrants, postal or courier services, wireless carriers, Internet Service Providers (“ISP”) or unauthorized human intervention; (b) any damage to a Entrant’s or other person’s computer system or Digital Device which is caused or occasioned by accessing the Website, by participating in the Contest or by claiming the Prize; (c) technical difficulties or failures of any kind including, but not limited to, lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet, digital device or wireless carriers, websites or other connection, availability or accessibility problems arising in connection with or over the course of the Contest; (d) miscommunications, failed, jumbled, scrambled, delayed, dropped, interrupted, lost, non-delivered or misdirected computer, telephone, digital device, email, mobile or cable transmissions or hardware, software, program or programming malfunctions, failures or difficulties of any kind including, but not limited to: malfunctions, interruptions or disconnections in transmissions or connections, phone lines, network hardware or software, computers, equipment, programming errors, cable, satellite, cellular tower, or ISP or wireless carriers; (e) any technical malfunctions, failures or difficulties, printing errors or omissions, clerical, typographical or other errors or omissions in any Contest advertisement or email or other materials or postings or any Declaration and Release; (f) any errors, omissions or failures of any kind, whether human, mechanical, clerical, electronic, interruption of power, digital, mobile or technical in nature, or unauthorized human intervention; (g) any incorrect or inaccurate information, whether caused by the Website or tampering, hacking, or by any equipment or programming associated with, or utilized in the Contest, or (h) the incorrect or inaccurate capture of information or the failure to capture or loss of any information or failure to record an Entry into the Contest.
DISQUALIFICATION OF ENTRANTS AND OTHER CONTEST MATTERS: Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering or interfering in any way with the operation or conduct of the Contest, to be acting in violation of these Official Rules, to be attempting to forge a Declaration and Release, or to be acting in an unsportsmanlike or disruptive manner, or with the apparent intent to disrupt or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person. The Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Any Declaration and Release submitted becomes the sole property of Sponsor and will not be returned. Sponsor shall not be responsible to correspond with Entrants other than as specified in these Official Rules. By participating in the Contest, each Entrant hereby releases and agrees to hold the Sponsor harmless from and against any and all costs, injuries, losses or damages of any kind, including, without limitation, property damage, death and bodily injury (whether due to negligence or otherwise), due in whole or in part, directly or indirectly, to participation in the Contest or in any Contest-related activity or the receipt, use or misuse of the Prize or portion thereof. Entrants waive the right to assert as a cost of winning the Prize, any and all costs of verification and redemption or travel to claim the Prize and any liability and publicity which might arise from claiming or seeking to claim the Prize. By participating in the Contest the Prize winner hereby agrees and grants Sponsor the right, but not the obligation, to the use of his or her name, voice and likeness, along with his or her address (city and Province/territory) and any statements made by or attributed to such Prize winner in any and all media, now known or hereafter devised, without prior notice, review, comment or approval, in perpetuity and throughout the world for advertising, commercial and promotional purposes in connection with the Contest and other promotions without further compensation, and releases the Sponsor from any liability with respect thereto.
NO SUBSTITUTION FOR A PRIZE: A Prize must be accepted as awarded and there is no substitution or cash equivalent for the Prize. If for any reason a Prize is not available, the Sponsor will provide a Prize winner with a prize of equivalent or greater value. All federal/provincial taxes (including, without limitation, federal, provincial and/or local income taxes) on or connected with the Prize, and the reporting consequences thereof, are solely the responsibility of the Prize winner. If required by law, Sponsor reserves the right to withhold and remit to the appropriate taxing authorities the amount of any taxes due. Expenses not specifically stated as included in the Prize are the sole responsibility of the Prize winner.
GENERAL ENTRY CONDITIONS: Each Entrant acknowledges and agrees that the decisions of Sponsor are and shall be final, binding and conclusive in all matters relating to the Contest. In the event of a dispute concerning the identity of a Entrant, the Entrant will be the person whose email address is provided with any completed survey, but only if that person meets all other eligibility criteria. Otherwise, the Entry recorded in connection with that email address may be disqualified and any Prize potentially won will be forfeited in Sponsor’s sole discretion.
PRIZE NOTIFICATION: The Sponsor will notify the winner of a Prize, by email within fifteen (15) days of the Sponsor’s declaring that a potential Prize winner is the verified winner of the applicable Prize. The Sponsor will not enter into any correspondence with a person except as specified or referred to in these Official Rules.
DATA PROTECTION NOTICE: Entrants’ personal information is protected by the Sponsor’s Privacy Policy. The Sponsor’s Privacy Policy can be found here: http://www.audience-insights.com/privacy-policy.
DISCLAIMER OF WARRANTIES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SPONSOR MAKES NO WARRANTIES, AND HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, CONCERNING THE PRIZE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
COMPLIANCE WITH THESE OFFICIAL RULES: It is each Entrant’s responsibility to ensure that he/she has complied in full with all of the conditions and requirements contained in these Official Rules.
FORCE MAJEURE/PRINTING AND PRODUCTION ERRORS OR OMISSIONS: Subject to any governmental approval which may be required, the Sponsor reserves the right, without prior notice and at any time, to terminate the Contest, in whole or in part, or to modify, suspend or extend the Contest, if it determines, in its sole discretion, that the Contest in any way and for any reason is impaired or corrupted or that fraud or technical problems, failures or malfunctions (including, without limitation, computer viruses, computer system overload or any other kind of electronic or other overload, glitches or printing or production errors or omissions) have destroyed or severely undermined the proper play, integrity and/or feasibility of the Contest. In the event that, in the Sponsor’s sole opinion, the Sponsor is impeded or prevented from continuing with the Contest as planned or intended by any event beyond its control, including, but not limited to fire, flood, natural or manmade epidemic or crisis, earthquake, explosion, labour dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), any federal, Provincial, territorial or local government law, order or regulation, public health crisis, the order of any court or jurisdiction, or by any other cause not reasonably within the Sponsor’s control, then subject to any governmental approval which may be required, the Sponsor shall have the right to modify, suspend, extend or terminate the Contest.
INVALIDITY: The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Headings and captions are used in these Official Rules solely for ease of reference and shall not be deemed or considered to affect in any manner the meaning or intent of these Official Rules or any provision hereof. These Official Rules cannot be modified or amended in any way except in writing by a duly authorized representative of the Sponsor. Subject to the provisions of these Official Rules, employees of the Sponsor are not authorized to modify, amend or waive these Official Rules.
GOVERNING LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations as between one or more Entrants and the Sponsor in connection with the Contest shall be governed by and construed and interpreted in accordance with the federal laws of Canada, and in accordance with the internal laws of the Province of Ontario, Canada, including the procedural provisions of those Ontario laws, without giving effect to any choice of law or conflict of law rules or provisions that would cause or bring about the application of any other jurisdiction’s laws. All Entrants, the Sponsor and all other parties hereby attorn to the jurisdiction of the courts of the Province of Ontario, sitting in the City of Toronto, Ontario, in respect of the determination of any matter or dispute arising under or in respect to the Contest or these Official Rules and agree that any such determination shall be brought solely and exclusively before such courts in the Province of Ontario.
Language or Other Discrepancy: In the event that there is a discrepancy or inconsistency between the English-language version and any French-language version of these Official Rules or of any Declaration and Release(s), the English version shall prevail, govern and control. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest Materials or in the Declaration and Release, or in advertising or other publicity or materials or communications concerning or related to the Contest, and the provisions contained in these Official Rules, the provisions in these Official Rules shall prevail, govern and control.
Privacy: Information, including personal information, collected in connection with the Contest may be shared with third parties to the extent necessary to fulfill the Prize. Except as otherwise contemplated in these Official Rules, information collected by the Sponsor in connection with the Contest will be used by the Sponsor in accordance with the Sponsor’s online privacy policy posted at http://www.audience-insights.com/privacy-policy.
COOPERATION IN PRIZE AWARD EVENT(S): In consideration of being awarded the Prize in the Contest, each Prize winner agrees to participate fully and without compensation in any announcement(s) and/or presentation ceremony/ceremonies and/or event or events organized or presented by the Sponsor in its sole discretion related to the granting of a Prize to such Prize winner and/or related to the Prize winner’s participating in the Prize, including the use and enjoyment of the Prize, including, without limitation, press events before, during and/or after the completion of any event encompassed in the Prize.