OFFICIAL CONTEST RULES
The HoHoHoliday 5K Virtual Fun Run Contest (the “Contest”) is being conducted by Make-A-Wish Foundation® of Canada (“MAW Canada” – hereinafter referred to as the “Contest Sponsor”) and WestJet, an Alberta Partnership (hereinafter referred to as the “Prize Supplier(s)”), and shall be construed and evaluated according to applicable Canadian law. The Contest is open to legal residents of Canada over the legal age of majority in their jurisdiction of residence. Do not enter the Contest if you are not a legal resident of Canada over the legal age of majority in your jurisdiction of residence. Contest is void in whole or in part outside of the jurisdiction(s) expressly listed above and where otherwise prohibited or restricted by law. Entry in this Contest constitutes each entrant’s acceptance of, and agreement to be legally bound by, these Official Rules and Regulations (the “Rules”).
2. CONTEST PERIOD.
The Contest opens on October 1 at 12:01 am MST and closes on December 31, 2021 at 11:59 pm MST (the “Contest Period”).
3. HOW TO ENTER.
There is one way to earn an Entry or Entries (each, an “Entry” and collectively, the “Entries”) in the Contest as follows:
If you are not a participant you must first register, by going to https://hohoholiday5k.com/ (the “Website”) and follow the on-screen instructions to register for the HoHoHoliday 5k. Once you have completed the registration form with all required information, follow the on-screen instructions to complete your registration (the “Registration”). You then must create a fundraising page on-screen and collect donations. All fundraising raised will be tracked on this website.
Eligibility for Entry:
You will receive one (1) Entry for each $1000.00 CAD you raise online through your personal fundraising page for the Event during the Contest Period in accordance with these Rules.
There is no purchase necessary to participate in the Contest. To obtain an Entry or Entries in the Contest without completing a Registration and/or without fundraising or making a donation, print your first name, last name, telephone number, complete mailing address (including postal code), age and signature on a plain white piece of paper and mail it (in an envelope with sufficient Canadian postage) along with 100 word or more unique and original essay (the “Essay”) on the importance of the Make-A-Wish®HoHoHoliday 5K event to: Make-A-Wish Foundation® of Canada, ATTN: Fundraising Contest Make-A-Wish Foundation® of Canada, 4211 Yonge Street, Suite 520 Toronto, ON, M2P 2A9, Canada (the “Request”). Upon receipt of a valid Request submitted and received in accordance with these Rules, you will be eligible to receive one (1) Entry in the Contest per unique and original Essay per envelope with sufficient Canadian postage.
To be eligible, any Request you submit must:
IMPORTANT NOTE: HOW TO SUBMIT ONLINE AND OFFLINE DONATIONS
To be eligible to count towards your total fundraising and/or donation amount (the “Amount”) for the purposes of this Contest, all donations (the “Donation(s)”) you fundraise and/or make in relation to this Contest must be completed online through your account on the Website during the Contest Period. For any Donations received offline, you have one of the following two (2) choices:
All Donations are subject to verification by the Contest Sponsor in its sole and absolute discretion. The Contest Sponsor reserves the right, in its sole and absolute discretion, to require proof of the validity of any Donation (in a form acceptable to the Contest Sponsor – including, without limitation, government issued photo identification). Failure to provide such proof to the complete satisfaction of the Contest Sponsor in a within the timeframe specified by the Contest Sponsor, in its sole and absolute discretion, may result in disqualification of the Donation. In the event of a discrepancy regarding a Donation (including, without limitation, the validity of a Donation to be counted towards a participant’s Amount), the Contest Sponsor will investigate the matter and its decisions in this and all other regards will be final and binding without right of appeal.
4. ADDITIONAL ENTRY RULES.
There is no limit to the amount of Entries per participant (regardless of the method of entry). If it is discovered by the Contest Sponsor (using any evidence or other information made available to or otherwise discovered by the Contest Sponsor) that any person has attempted to use multiple names, multiple identities, multiple email addresses, any automated, macro, script, robotic or other system(s) or program(s) and/or any other means not in keeping with the Contest Sponsor’s interpretation of the letter and spirit of these Rules to enter or otherwise participate in or to disrupt this Contest; then he/she may be disqualified from the Contest in the sole and absolute discretion of the Contest Sponsor (and, if disqualified, will have his/her Entry/Entries deemed null and void).
The Contest Parties and each of their respective agents, employees, directors, successors, and assigns (collectively, the “Released Parties”) are not responsible for, and accept no liability whatsoever in relation to, any late, lost, misdirected, delayed, incomplete or incompatible Entries, Requests, Donations and/or other information (all of which is void).
In the event of a dispute as to the identity of the person submitting an Entry, the Contest Sponsor reserves the right, in its sole and absolute discretion, to deem the entrant to be the authorized account holder of the e-mail address associated with the Entry. For the purpose of these Rules, “authorized account holder” of an e-mail address is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. An entrant may be required to provide the Contest Sponsor with proof that the entrant is the authorized account holder of a particular e-mail address associated with the applicable Entry.
There is one (1) prize available to be won (the “Prize”). The Prize consists of the following:
Without limiting the generality of the foregoing, the following general conditions apply to the Prize:
(i) Prize must be accepted as awarded and is not transferable, assignable and/or or convertible to cash (except as may be specifically permitted by Contest Sponsor in its sole and absolute discretion); (ii) no substitutions are permitted except at Contest Sponsor’s option; (iii) the costs of everything not expressly and specifically stated above as included in the Prize are the sole and absolute responsibility of the confirmed winner; (iv) if the confirmed winner does not utilize any part(s) of the Prize, then any such part(s) not utilized may, in the sole and absolute discretion of the Contest Sponsor, be forfeited in their entirety and, if forfeited, nothing will be substituted in their place; (v) Contest Sponsor reserves the right at any time to: (a) place reasonable restrictions on the availability or use of the Prize or any component thereof; and/or (b) substitute the Prize or a component thereof for any reason with a prize or prize component(s) of equal or greater retail value, including, without limitation, but solely at the Contest Sponsor’s sole discretion, a cash award; and (vi) by accepting the Prize, the confirmed winner agrees to waive all recourse against the Contest Sponsor and all of the other Released Parties if the Prize or a component thereof does not prove satisfactory, either in whole or in part. Additional Prize conditions, if any, provided by the Prize Supplier are included below in Schedule “A” to these Rules.
The Released Parties are not responsible for any delay, postponement, suspension, rescheduling or cancellation, for any reason, of any aspect of the Prize. No compensation whatsoever will be provided to the confirmed winner or any other person or entity in the event of such delay, cancellation or other event contemplated herein.
None of the Released Parties makes any representation or offers any warranty, express or implied, as to the quality or fitness of the Prize awarded in connection with the Contest. To the fullest extent permitted by applicable law, the confirmed winner understands and acknowledges that he or she may not seek reimbursement or pursue any legal or equitable remedy from either the Contest Sponsor or any of the other Released Parties should the Prize fail to be fit for its purpose or is in any way unsatisfactory. For greater certainty and the avoidance of any doubt, by accepting the Prize, the confirmed winner agrees to waive all recourse against the Contest Sponsor and all of the other Released Parties if the Prize or a component thereof does not prove satisfactory, either in whole or in part.
6. ELIGIBLE WINNER SELECTION.
There will be one (1) eligible winner who will be selected as follows:
8. INDEMNIFICATION BY ENTRANT.
By entering this Contest, each entrant releases and holds each of the Released Parties harmless from any and all liability for any injuries, loss or damage of any kind to the entrant, Released Party or any other person or entity, including, without limitation, 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 this Contest, any breach of these Rules, or in any Prize-related activity. Each entrant agrees to fully indemnify the Released Parties from any and all claims by third parties relating to the Contest, without limitation.
9. LIMITATION OF LIABILITY.
By entering this Contest, each entrant agrees to be bound by these Rules, which will be posted at www.makeawish.ca/hohoholiday/rules throughout the Contest Period. Each entrant further agrees to be bound by the decisions of the Contest Sponsor, which shall be final and binding without right of appeal in all respects. The Contest Sponsor reserves the right, in its sole discretion, to disqualify any entrant found to be: (i) violating the Rules; (ii) tampering or attempting to tamper with the entry process or the operation of the Contest; and/or (iii) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person.
ANYONE DEEMED BY THE CONTEST SPONSOR TO BE IN VIOLATION OF THE CONTEST SPONSOR’S INTERPRETATION OF THE LETTER AND/OR SPIRIT OF THESE RULES FOR ANY REASON IS SUBJECT TO DISQUALIFICATION IN THE SOLE AND ABSOLUTE DISCRETION OF THE CONTEST SPONSOR AT ANY TIME.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE RELATED TO THE CONTEST OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, CONTEST SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
11. PRIVACY & USE OF PERSONAL INFORMATION.
By participating in the Contest, the entrant:
12. 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 the Contest Sponsors/Suppliers 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.
13. TERMINATION AND AMENDMENTS.
The Contest Sponsor reserves the right, subject only to the approval of the Régie des alcools, des courses et des jeux (the “Régie”) in Quebec, to withdraw, amend or suspend this Contest (or to amend these Rules) in any way, in the event of any cause beyond the reasonable control of the Contest Sponsor that interferes with the proper conduct of this Contest as contemplated by these Rules, including, without limitation, any error, problem, computer virus, bugs, tampering, unauthorized intervention, fraud or failure of any kind whatsoever.
Further, the Contest Sponsor reserves the right, subject only to the approval of the Régie in Quebec, to cancel, amend or suspend this Contest, or to amend these Rules, in any way without prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind, or for any other reason whatsoever.
Further, the Contest Sponsor reserves the right, subject only to the approval of the Régie in Quebec, to adjust any of the dates, timeframes and/or other Contest mechanics stipulated in these Rules, to the extent deemed necessary by the Contest Sponsor, for purposes of verifying compliance by any entrant, Entry, Request, Donation and/or other information with these Rules, or as a result of any technical or other problems, or in light of any other circumstances which, in the opinion of the Contest Sponsor, in its sole and absolute discretion, affect the proper administration of the Contest as contemplated in these Rules, or for any other reason.
14. GOVERNING LAW.
To the fullest extent permitted by applicable law, all issues and questions concerning the construction, validity, interpretation and enforceability of these Rules or the rights and obligations of participants, Contest Sponsor or any of the other the Released Parties in connection with the Contest shall be governed by and construed in accordance with the domestic laws of the Province of Ontario and the federal laws of Canada applicable therein, 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. The parties hereby consent to the exclusive jurisdiction and venue of the courts located in Ontario in any action to enforce (or otherwise relating to) these Rules or relating to this Contest.
For Quebec residents: Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of a prize may be submitted to the board only for the purpose of helping the parties reach a settlement.
In the event of any discrepancy or inconsistency between the terms and conditions of these English Rules and disclosures or other statements contained in any Contest-related materials, including, but not limited to, the French version of these Rules (if available), television, print or online advertising and/or any instructions or interpretations of these Rules given by any representative of the Contest Sponsor, the terms and conditions of these English Rules shall prevail, govern and control to the fullest extent permitted by law.
The invalidity or unenforceability of any provision of these 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 Rules shall otherwise remain in effect and shall be construed in accordance with the terms as if the invalid or illegal provision were not contained herein.
WestJet Prize Voucher Conditions:
The WestJet Prize Voucher (the “WestJet Voucher”) is valid for one (1) roundtrip flight for two (2) from any Canadian WestJet destination to any regularly scheduled and marketed WestJet destination and is subject to the following conditions (as specified by WestJet):
1) Fees, taxes, and surcharges are the responsibility of guests traveling and must be paid for at the time of booking with a valid credit card. The exclusive voucher number is valid on any regularly scheduled WestJet marketed and operated flight. The WestJet Prize Voucher does not include optional fees such as checked baggage or cabin upgrades. ***Please book early to maximize your flight options.
2) The WestJet voucher is limited and subject to promotional space availability of eligible fare options and flight schedule. Not all flights have promotional space. This voucher is not valid for redemption on WestJet Vacations’ packages, flights operated by Swoop, interline, code share or charter flights.
3) The WestJet Voucher is valid for one (1) roundtrip flight for two (2) from any Canadian WestJet destination to any regularly scheduled and marketed WestJet destination. All guests must travel together on the same itinerary, dates, and flights.
4) Flights must be roundtrip to and from the same locations. Flights must depart from city A to city B and return from city B to city A.
5) The WestJet Voucher cannot be used on some dates, including statutory holidays and peak travel dates.
6) All bookings and travel must be completed by December 31, 2022.
7) WestJet Vouchers cannot be extended. Additionally, changes to travel dates or guest names are not permitted once a booking has been confirmed.
8) Bookings made with a WestJet Voucher are not eligible for paid cabin upgrades except where the option to pay for an upgrade is available when checking in for the flight 24 hours prior to departure.
9) The WestJet Voucher becomes null and void if travel is cancelled once a booking is confirmed.
10) The individual booking the flight must be over the age of majority in their province.
11) The WestJet Voucher must be taken as offered and is not redeemable for cash.
12) The WestJet Voucher cannot be sold. In the event that it has been sold, the WestJet Voucher will become void, and any flight bookings made with it will be cancelled immediately without notice or reimbursement. WestJet does not handle the payment, guarantee transactions, or buyer protection or seller certification, nor will WestJet be liable for the loss of funds resulting from a fraudulent transaction.
13) Guests travelling on WestJet Voucher are not entitled to compensation amounts provided under passenger rights regimes. By redeeming this voucher, all guests travelling agree to release, and waive all claims against, WestJet relating to any and all liability, damage, or compensation entitlement arising under Canada’s Air Passenger Protection Regulations.
14) WestJet is not responsible for lost or mishandled vouchers. Once a voucher has been delivered to the winner, the winner is directly responsible for it.
Without limiting the foregoing, the following additional terms and conditions also apply:
· The confirmed winner and his/her guest are responsible for transportation to and from the gateway airport and all other expenses not expressly stated as included herein.
· Transportation is subject to availability, blackout periods, government restrictions and regulations, airline, airport or other transportation restrictions and regulations. The winner and his/her guest are responsible for all expenses other than those mentioned above as included including, but not limited to, other transportation, attractions, merchandise, souvenirs, travel insurance, travel visas and all other personal expenses of any kind. None of the Released Parties are responsible for, nor accept any liability whatsoever in relation to, any delay, postponement, suspension, rescheduling or cancellation, for any reason, of any flight(s) and neither the winner nor any other person or entity will be compensated in the event of such delay, cancellation or other event described herein. Other restrictions may apply.
· The WestJet Voucher is non-transferable and without limiting the foregoing, the WestJet Voucher may not be sold or traded, the WestJet Voucher must be taken as offered and cannot be substituted, redeemed or exchanged for cash, credit or alternative prizes, except in the Prize Suppliers sole discretion. WestJet reserves the right to substitute the WestJet Voucher with a prize of equal or greater value. No credit or reimbursement will be provided if the WestJet Voucher is not utilized in full. The WestJet Voucher cannot be combined with any other promotional offer or offers provided by WestJet.
· The WestJet Voucher is subject to all of the terms and conditions as stated by WestJet and will be delivered to the confirmed winner directly from the Contest Sponsor to the address/email address provided after the potential winner has been successfully contacted and notified of his/her Prize and has fully complied with the Rules (as determined by the Contest Sponsor in its sole and absolute discretion). Shipped Prizes shall not be insured and neither Contest Sponsor nor any of the other Released Parties shall assume any liability whatsoever for a lost, damaged, or misdirected element of the Prize. All bookings/confirmations must be made through the Contest Sponsor’s designated representatives or as the Contest Sponsor may otherwise direct.
· The confirmed winner’s guest must: (a) be of the legal age of majority in his/her jurisdiction of residence (or have the consent of his/her parent/legal guardian to accompany the winner if the guest is under the legal age of majority in his/her jurisdiction of residence); and (b) sign (and have his/her parent/legal guardian sign if the guest is under the legal age of majority in his/her jurisdiction of residence) and return the Contest Sponsor’s release (by the date indicated on the release form) indicating that he/she waives all recourse against the Contest Sponsor and all of the other Released Parties relating to his/her participation in the Prize (including, without limitation, any travel related thereto).
· It is strongly recommended and encouraged by the Contest Sponsor that the confirmed winner and his/her guest obtain sufficient personal travel and medical insurance prior to departure. Transportation is subject to availability, blackout periods, government restrictions and regulations, airline, airport or other transportation restrictions and regulations.
The WestJet Voucher has an estimated potential retail value of $4,240 CAD – although the actual value will depend on the destination chosen and time of booking from originating city. Under no circumstance whatsoever will any difference between the actual and approximate retail values be awarded.