SWIRL SIP AND EXPLORE CONTEST: OFFICIAL RULES AND REGULATIONS
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.
The following contest is open to legal residents of British Columbia and Alberta who are at least 19 years of age and will be construed and evaluated according to BC law as indicated below. Void outside of British Columbia and Alberta and where prohibited by law.
IMPORTANT: PLEASE READ THESE OFFICIAL RULES AND REGULATIONS (“OFFICIAL RULES”) BEFORE ENTERING THE SWIRL, SIP AND EXPLORE CONTEST (THE “CONTEST”) ORGANIZED BY THE BRITISH COLUMBIA WINE INSTITUTE (“BCWI”) AND SPONSORED BY DESTINATION BC CORP. (“DESTINATION BC”) (BCWI AND DESTINATION BC ARE COLLECTIVELY REFERRED TO AS THE “SPONSORS”). BY ENTERING THIS CONTEST, YOU REPRESENT THAT YOU SATISFY ALL OF THE ELIGIBILITY AND OTHER REQUIREMENTS IN RULES 1 AND 2 BELOW AND THAT YOU HAVE READ AND UNDERSTOOD THESE OFFICIAL RULES, AND YOU AGREE, AND ARE CONCLUSIVELY DEEMED TO HAVE AGREED, TO BE BOUND UNCONDITIONALLY BY THESE OFFICIAL RULES.
1. HOW TO ENTER
The Contest begins at 4:00:00 p.m. Pacific Time (“PT”) on April 5, 2018 and ends at 11:59:59 p.m. PT on April 30, 2018 (the “Contest Period“). The Contest consists of random draws for a total of thirty-one (31) prizes, as follows: (a) on April 20, 2018, a draw will be held to select winners for twenty-five (25) of the Regional Prizes (as defined in Rule 3 below); and (b) on May 1, 2018, a draw will be held to select winners for five (5) of the Regional Prizes and a winner for the Grand Prize (both as defined in Rule 3 below).
To participate in the Contest, individuals may visit the following website: winebc.com (the “Website”) and complete and submit an online entry form (each an “Entry”) prior to the end of the Contest Period. All Entries must specify one type of Regional Prize only. Entries specifying more than one type of Regional Prize will be automatically disqualified. Entries submitted prior to 11:59:59 p.m. PT on the day before each draw will be entered into the draw for the applicable type of Regional Prize indicated on the Entry. All Entries for a Regional Prize will also be automatically entered into the draw for the Grand Prize. Winners of a Regional Prize are also eligible to win the Grand Prize. Limit of one (1) Entry per person and per email address. All Entries must be manual. Automated Entries are prohibited, and any use of automated devices will result in disqualification from the Contest. Separate data charges may apply to Entries submitted using a mobile device.
Should multiple users of the same e-mail account enter the Contest and a dispute thereafter arise regarding the identity of the individual who has submitted an Entry (each an “Entrant”), the authorized account holder of that e-mail account at the time of entry will be considered the Entrant. “Authorized account holder” 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 or the domain associated with the submitted e-mail address.
To be eligible to participate in the Contest by submitting an Entry, an individual must, at the time of submission of the Entry: (a) be a legal resident of Alberta or British Columbia; and (b) have reached the age of 19.
Individuals are not eligible to participate in the Contest by submitting an Entry if the individual is: (a) an employee, representative or agent of any of the Sponsors or any of their affiliates or licence holders, or an employee of a representative or agent of any of the Sponsors or any of their affiliates or licence holders (each an “Employee”); (b) an immediate family member (defined as mother, father, brother, sister, son, daughter, or spouse, regardless of where that family member resides) of an Employee (each a “Family Member”); or (c) a person domiciled with an Employee or a Family Member.
At any time, the Sponsors will have the right to request from any Entrant, proof of identity and/or eligibility to participate. Failure to provide proof within a reasonable time or the provision of false or misleading information could result in the Entrant’s disqualification. Contest is subject to all applicable laws and regulations. The Sponsors reserve the right to disqualify any Entrants who, in the Sponsors’ sole discretion, do not comply with these Official Rules or who otherwise tamper with the entry process.
There are a total of thirty-one (31) prizes to be won: thirty (30) prizes consisting of pairs of tickets to regional events (each a “Regional Prize”) and one (1) grand prize trip (the “Grand Prize”) for the winner and one (1) designated guest (the “Selected Guest”) to attend the 2nd annual ‘Chef Meets BC Grape’ festival-style outdoor extravaganza set in the heart of the Okanagan Valley, British Columbia on June 22-25, 2018. The Selected Guest must be at least 19 years of age at the time of travel. Winners for each of the Regional Prizes and the Grand Prize (each a “Prize” and collectively, the “Prizes”) will be selected in accordance with the process set out in Rule 4 below.
The Grand Prize is sponsored by Destination BC and fulfilled by BCWI, and will include the following components:
- Round trip economy air transportation for the winner and the Selected Guest from the major commercial airport nearest the winner’s residence in BC or Alberta (the “Departure Airport”) to the Kelowna International Airport (the “Arrival Airport”). In the event the winner lives within 300 kilometres of the Arrival Airport, the airfare component of the Grand Prize will be forfeited without any compensation or substitution;
- Round trip ground transportation for the winner and the Selected Guest from the Arrival Airport to accommodation and return to airport;
- Three (3) nights’ standard accommodation for the winner and the Selected Guest (based on double occupancy) in the Okanagan Valley;
- Activities for a four (4) day itinerary, featuring the ‘Chef Meets BC Grape’ VIP reception, intimate winery tastings and exclusive tours exploring behind-the-scene secrets of BC winemaking; and
- Gift cards or prepaid arrangements of a set value for meals (depending on travel arrangements, up to 3 breakfasts (maximum value of $50 for two people per meal), 3 lunches (maximum value of $75 for two people per meal) and 3 dinners (maximum value of $150 for two people per meal)).
The exact details and components of the Grand Prize, such as the transportation and accommodation arrangements, will be finalized by BCWI, in consultation with the winner, after the winner has been declared.
The actual retail value of the Grand Prize will depend upon the final trip details and components, but will not exceed $5,000 CDN, inclusive of all applicable taxes (the “Maximum Trip Value”). For the purpose of determining the value of the components of the Grand Prize, the determinations of BCWI will be final and binding. Any difference between the Maximum Trip Value and the actual value of the Grand Prize will not be awarded.
Any costs and expenses associated with the Grand Prize and not specifically referred to in these Official Rules (including without limitation transportation to and from the Departure Airport, incidental hotel expenses, additional accommodations and transportation if required, additional activities, meals, gratuities, travel and health insurance, souvenirs and items of a personal nature) and all applicable taxes in respect of any such additional costs and expenses, as well as all costs and expenses in excess of the Maximum Trip Value, will be the sole and exclusive responsibility of the winner and/or the Selected Guest.
The winner and the Selected Guest are solely responsible for obtaining all required travel documentation in advance of the departure date. The winner and the Selected Guest must have the ability to travel by air and must otherwise meet the requirements of the commercial airline used by BCWI in order for the air transportation component of the Grand Prize to be awarded. In order to participate in any of the activities forming part of the Grand Prize, the winner and the Selected Guest must be able and willing to follow the rules, meet the eligibility requirements, sign any mandatory waivers/releases and take any other steps required by the applicable activity provider. Accommodation is subject to availability at time of booking and minimum advance reservations may be required.
The winner and the Selected Guest must travel together on the same itinerary as determined by BCWI, in its sole discretion. The expected Grand Prize travel dates are June 22-25, 2018. If, for health or any other reasons, the winner is not able to travel, the winner must forfeit the Grand Prize in its entirety and must, if requested by the Sponsors, sign a release confirming that the winner forfeits the Grand Prize, waiving the right to claim the Grand Prize and releasing the Sponsors from any liability in respect of the Contest and/or the forfeiture of the Grand Prize and any other terms that the Sponsors may include in such release, at the Sponsors’ sole discretion.
The above description constitutes the expected components and details of the Grand Prize; all aspects of the Grand Prize are subject to availability, schedules, weather conditions and other factors beyond the Sponsors’ control and are subject to change. Black-out dates for travel and accommodation and other restrictions may apply.
The Regional Prizes are sponsored and fulfilled by BCWI. There are four (4) types of Regional Prizes, and a total of thirty (30) Regional Prizes to be won. The types of Regional Prizes are as follows:
- Regional Prize type #1 – five (5) Prizes, each consisting of a pair of tickets to attend ‘Chef Meets BC Grape’, Western Canada’s largest celebration of BC Wine and Food, in Vancouver, BC on April 26, 2018;
- Regional Prize type #2 – ten (10) Prizes, each consisting of a pair of tickets to a dinner showcasing local BC wine and food pairings at the Church and State Winery in Saanich, BC on Vancouver Island on April 25, 2018;
- Regional Prize type #3 – ten (10) Prizes, each consisting of a pair of tickets to a dinner showcasing local BC wine and food pairings at the TIME Estate Winery in Penticton, BC on April 30, 2018; and
- Regional Prize type #4 – five (5) Prizes, each consisting of a pair of tickets to attend ‘Chef Meets BC Grape’ in Calgary, AB on May 10, 2018.
Approximate retail value for the Regional Prizes is as follows:
• Pair of tickets for Regional Prize type #1 – $90 CDN;
• Pair of tickets for Regional Prizes type #2 and #3 – $350 CDN; and
• Pair of tickets for Regional Prize type # 4 – $75 CDN..
All Prizes are non-transferable and must be accepted as awarded. Prizes cannot be substituted or redeemed for cash or otherwise, except in the sole discretion of the Sponsors. The Sponsors reserve the right to substitute any Prize, or any component thereof, of equivalent or greater value if any Prize or any component thereof cannot be awarded as described for any reason. The Sponsors will not be responsible if factors beyond their reasonable control prevent any Prize or any component thereof from being fulfilled. In any such event, the Sponsors reserve the right not to substitute the Prize or any component thereof or provide cash equivalents.
4. SELECTION AND ANNOUNCEMENT OF WINNERS
The random draws for the Prizes will be conducted as follows: (a) on April 20, 2018, at approximately 10:00 a.m. PT, a random draw for Regional Prize types #1-3 will be conducted by BCWI to select, from all eligible Entries received prior to 11:59:59 p.m. on April 19, 2018 for each particular Regional Prize, five (5) potential winning Entries for Regional Prize type #1, ten (10) potential winning Entries for Regional Prize type #2, and ten (10) potential winning Entries for Regional Prize type #3; (b) on May 1, 2018, at approximately 10:00 a.m. PT, a random draw for Regional Prize type #4 will be conducted by BCWI to select five (5) potential winning Entries from all eligible Entries received prior to 11:59:59 p.m. PT on April 30, 2018; and (c) on May 1, 2018, at approximately 10:00a.m. PT, a random draw for the Grand Prize will be conducted by BCWI to select one (1) potential winning Entry from all eligible Entries received during the Contest Period. Odds of winning for each Regional Prize are dependent upon the total number of eligible Entries received for that particular type of Regional Prize prior to 11:59:59 p.m. PT on the day before the applicable draw. Odds of winning for the Grand Prize are dependent on the total number of eligible Entries received during the Contest Period.
Following each random draw, BCWI will attempt to contact each selected Entrant by phone at the phone number provided in the Entrant’s Entry once per day for two (2) consecutive calendar days. If, for any reason, BCWI is unable to contact a selected Entrant by phone, BCWI may, in its sole discretion, attempt to contact that selected Entrant by other means, though BCWI is under no obligation to do so and reserves the right to select another Entrant in accordance with this Rule 4 in such an event. Each selected Entrant will have a further twenty-four (24) hours from the time the last attempt to contact that selected Entrant was made to respond to BCWI via email, phone or voicemail. If a selected Entrant does not respond as required under this Rule 4, or responds but is deemed to be ineligible in BCWI’s sole discretion, or is unable or unwilling to comply with these Official Rules, that selected Entrant will be disqualified and another potential winning Entrant for that particular Prize will be randomly selected from the remaining eligible Entries and contacted in accordance with this Rule 4. BCWI is not responsible for any change in an Entrant’s phone number or other contact information or for any failure whatsoever of an Entrant to receive BCWI’s notification or for BCWI to receive a selected Entrant’s response.
Before being declared a winner, each selected Entrant must first correctly answer, without assistance of any kind, whether mechanical or otherwise, a time-limited mathematical skill testing question to be administered by BCWI by phone. If a selected Entrant fails to correctly answer the mathematical skill testing question, that Entrant will be disqualified and another potential winning Entrant for that particular Prize will be randomly selected from the remaining eligible Entries using the process set out in this Rule 4.
All confirmed Contest winners will be announced on the Website and the Wines of BC Facebook page, Instagram page and/or Twitter page. Regional Prize winners will be announced within 2 days of the applicable random draw for the Regional Prizes. The Grand Prize winner will be announced on Global BC, the Website, the Global BC Facebook page and/or Twitter page after May 1, 2018. All confirmed Contest winner(s) will be contacted by BCWI with instructions on how to claim their Prize.
Before being declared a Contest winner, each selected Entrant will be required to sign a declaration of eligibility and release form (the “Release”) indicating that the selected Entrant: (a) has complied and agrees to comply with these Official Rules; (b) accepts the applicable Prize as offered; (c) will keep his/her winning notification confidential until notified by BCWI; (d) releases the Sponsors, their respective agents, affiliates, employees, licensees, successors, assigns, contractors and subcontractors, and, as applicable, Facebook, Instagram and Twitter and any other parties to be added to the Release in the Sponsors’ sole discretion (the “Released Parties”), from any and all liability arising from the Entrant’s participation in the Contest or his/her acceptance, use, misuse or awarding of the applicable Prize (including any associated travel); (e) indemnifies the Released Parties from any and all losses that the Released Parties may incur arising out of any act or omission by him/her in connection with the Contest or the applicable Prize; and (f) except where prohibited by law, acknowledges BCWI’s right to publish and/or broadcast the Contest winner’s picture, name, voice, likeness and/or statements without further compensation other than the Prize offered. The wording of the Release will be determined by the Sponsors, in their sole discretion. The Sponsors may also add such other terms and conditions to the Release as the Sponsors, in their sole discretion, may deem necessary.
Each selected Entrant must return the Release by the date indicated on the document. If a selected Entrant’s Release is not returned on time or is returned as non-deliverable, or if a selected Entrant answers the skill-testing question incorrectly or is disqualified for any other reason, that selected Entrant may be required to forfeit the applicable Prize in its entirety, at the Sponsors’ sole discretion. If any Prize is forfeited in accordance with this Rule 5, another potential winning Entrant for that particular Prize will be randomly selected from the remaining eligible Entries using the process set out in Rule 4.
For the Grand Prize, the Selected Guest will also be required to sign and return a liability/publicity release prior to travel. The release must be returned by the date indicated on the document or travel will not be booked and the Grand Prize may be forfeited.
By participating in the Contest, each Entrant: (a) grants to BCWI the right to use his/her personal information provided when he/she enters the Contest (collectively, the “Personal Information”) for the purpose of administering the Contest, including but not limited to contacting and announcing the winner(s) and coordinating the provision of the Prizes; (b) grants to BCWI the right to use his/her Personal Information for publicity and promotional purposes relating to the Contest in any and all media without further compensation unless prohibited by law; and (c) acknowledges that BCWI may disclose his/her Personal Information to third-party agents and service providers of BCWI in connection with any of the activities listed in (a) and/or (b) above.
Entrants who check the box on the Entry indicating that they would like to receive information from BCWI, acknowledge and agree that, effective as of the date of submission of the Entry:
(a) BCWI is collecting the Entrant’s Personal Information for the purpose of providing the Entrant with relevant wine and travel information via BCWI’s marketing program; and
(b) the Entrant consents to the disclosure of this Personal Information, inside or outside of Canada, for the purpose described in paragraph (a) above.
The Entrant’s Personal Information will not be provided to any third parties, other than as provided in these Official Rules or as required by law.
7. LIMITATION OF LIABILITY
The Sponsors assume no responsibility for, and under no circumstances will the Sponsors or any of their respective agents, affiliates, employees, licensees, successors, assigns, contractors or subcontractors be liable to any person or business entity for, any direct, indirect, special, incidental, consequential or other damages based on any Entrant’s participation in the Contest, including for: (a) Entries which are incomplete, unintelligible, lost, late or misdirected; (b) technical failures of any kind, including but not limited to failure of the Internet or the Website during the Contest Period, any problems, failure or technical malfunction of any telephone network or lines, online or electronic systems, servers, access providers, computer hardware or software, incomplete, garbled or delayed Internet/e-mail computer or mobile device transmissions on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof or other failures related to hardware, software or virus; (c) unauthorized human intervention in any part of the entry process or the Contest; (d) technical or human error related to the administration of the Contest or the processing of Entries; (e) any injury, loss or damage of any kind which may be caused, directly or indirectly, in whole or in part, from any Entrant’s, winner’s or Selected Guest’s participation in the Contest and/or any Prize or any component thereof; (f) any use of the Website or any other website to which the Website is linked (including without limitation any injury or damage to an Entrant’s or any other person’s computer or mobile device relating to or resulting from participation in or downloading of any materials relating to this Contest); or (g) any Entrant’s failure to abide by the Official Rules. The limitations of liability set out in this Rule 7 apply, without limitation, to any lost profits, business interruption or loss of programs or information and will apply even if either or both of the Sponsors have been specifically advised of the possibility of such damages.
8. RELEASE BY ENTRANT
By participating in the Contest by submitting an Entry, the Entrant hereby releases the Sponsors and their respective representatives, including agents, affiliates, employees, licensees, successors, assigns, contractors and subcontractors, and, as applicable, Facebook, Instagram and Twitter, from any and all liability whatsoever, and waives any and all causes of action related to any injury, loss or damage of any kind to any person or persons, whether intentional or unintentional, related to or resulting in whole or in part, directly or indirectly, from the Entrant’s participation in this Contest.
9. WARRANTY DISCLAIMER
The Website and all of the information it contains is provided “as is” without warranty of any kind, whether express or implied. All implied warranties, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby expressly disclaimed. The Prizes and all components thereof are awarded “as is” and without warranty of any kind, express or implied.
All decisions of the Sponsors will be final and binding in all matters relating to this Contest. The BCWI reserves the right, without prior notice, to cancel, terminate, modify or suspend the Contest if, for any reason, the Contest is not capable of running as planned or if the administration, security, fairness, integrity, or proper conduct of the Contest is corrupted or adversely affected, including by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond its control. In the event of cancellation of the Contest, BCWI may, in its sole discretion, randomly select the winning Entries from all eligible Entries received prior to cancellation in accordance with the process set out in Rule 4. The Sponsors reserve the right to amend the Official Rules without prior notice if any factor interferes with the proper conduct of the Contest as contemplated by these Official Rules.
In these Official Rules, the singular implies the plural, and vice versa, as the context requires. If any term or provision of these Official Rules is invalid, illegal or unenforceable, all other terms and provisions of these Official Rules will nonetheless remain in full force and effect.
These Official Rules are governed by, and are to be construed in accordance with, the laws of the province of British Columbia and the federal laws applicable therein, excluding any rules respecting the choice of law or conflict of laws that would lead to the application of any other laws. By entering the Contest, the Entrant consents to the exclusive jurisdiction and venue of the Supreme Court of the province of British Columbia.
11. OFFICIAL RULES AND WINNERS LIST
For a copy of these Official Rules or for the name of the declared Contest winners, send a request to: Marketing Manager, BCWI, 107-1726 Dolphin Ave, Kelowna, V1Y 9R9 (SUBJECT: Swirl, Sip and Explore Contest Inquiry). You must specify whether you are requesting a copy of the Official Rules, the name of the declared Contest winners or both.
12. INTELLECTUAL PROPERTY
All intellectual property associated with the Contest, including but not limited to trade-marks, trade names, logos, designs, promotional materials, web pages, source code, drawings, illustrations, slogans and representations are owned by the Sponsors and/or their affiliates or licensors. 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.
In the event of any discrepancy or inconsistency between a term or condition of these Official Rules and any statement or other information contained in any Contest-related materials, including but not limited to the Website, the Contest entry form, or point of sale, television, print or online advertising, the terms and conditions of these Official Rules shall prevail, govern and control.
14. SOCIAL MEDIA
The Contest is in no way sponsored, endorsed or administered by any social media platforms on which the Contest may have been promoted and/or publicized, including but not limited to Facebook, Instagram and/or Twitter. Any personal information provided in connection with the Contest is being provided to BCWI and not to Facebook, Instagram and/or Twitter. Any questions or comments regarding a Contest must be directed to the BCWI not to any of the social media platforms on which the Contest may have been advertised or administered.