ELIGIBILITY: NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. Contest is offered only in Canada. Void outside of Canada and where prohibited or otherwise restricted by law. All individuals who are legal residents of Canada and 19 years of age or older and of the age of majority in their province or territory of residence at time of entry are eligible to enter, with the following exceptions (all of whom are not eligible to enter or win the Contest): Residents of Quebec, employees of a Sponsor and its parents, subsidiaries, affiliates, representatives, suppliers, vendors, fulfillment agencies, and advertising and promotion agencies and their immediate families (parent, child, spouse, sibling and their respective spouses, regardless of where they reside) and those living in the same household of each, whether or not related, are not eligible to enter or to win the Contest. Limit one (1) winner per household. All entries submitted in compliance with these Official Rules (“Rules”) and not disqualified are considered “Eligible Entries.”
CONTEST PERIOD: Contest begins at 10:00 AM Pacific Time (“PST”) on November 20, 2023, and ends at 7:00 PM PST on December 8, 2023 (the “Contest Period”).
HOW TO ENTER: There are two (2) forms of entry during the Contest Period:
(1) one (1) Entry for every Symbolic Adoption over $30 you donate online during the Contest Period in accordance with these Rules. Symbolic Adoptions can be found at https://www.vanaqua.org/marine-mammal-rescue/adoptions; or
(2) mail in your entry by submitting your first and last name, street address, city, province or territory, postal code, daytime and evening telephone numbers (area code included), email address (optional), and date of birth on a plain 3” x 5” piece of paper or index card and mail in a properly stamped #10 business-sized envelope along with 50 word or more unique and original essay (“Essay”) on the importance of marine mammal rescue to: “Vancouver Aquarium Marine Mammal Rescue Society”. c/o Home for the Holidays Seal Release Contest, PO Box 45044 RPO Robson, Vancouver, BC, V6G 0A9 (“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. All mail-in entries must be post-marked during and before the expiration of the Contest period and received by Sponsor by 11:59 PM PST the day prior to the drawing date (as further described below) to be eligible for drawing. Photocopied, computer generated facsimiles, mechanically re-produced, automated, mass entries and entries by any means which subvert the entry process will be void. Released Parties (as defined below) are not responsible for lost, late, stolen, misdirected, damaged, illegible, or incomplete entries. All entries become the exclusive property of Sponsor and will not be returned.
USE OF DATA: Sponsor will be collecting personal data about entrants, in accordance with its privacy policy. By participating in the Contest, entrants hereby agree to Sponsor’s collection and usage of their personal information and accept Sponsor’s privacy policy. Sponsor’s privacy policy can be found on-line at https://vanaqua.org/marine-mammal-rescue/vammr-privacy-policy/
CONTEST DRAWING: The potential Contest winner (“potential winner”) will be selected from all Eligible Entries received by the Sponsor in a random drawing from Eligible Entries conducted by Sponsor on December 8, 2023. The Sponsor’s decisions are final and binding in all matters relating to the Contest. The potential winner will be notified by email on or about December 9, 2023. If a potential winner does not have an e-mail address, Sponsor will contact the potential winner via phone. To be eligible, all entrants must either have a valid e-mail address or phone number and mailing address for official communications from Sponsor about the Contest. The potential winner will be required to (a) respond by e-mail or phone; and (b) correctly answer, unaided, a time-limited math skill-testing question to be administered by the Sponsor. If a potential winner does not respond within two (2) days of Sponsor’s initial notification to such potential winner by e-mail or phone that such potential winner’s name was selected as the winner of the Contest Prize; or correctly answer the math skill-testing question, an alternate potential winner will be selected from a random drawing from among all remaining Eligible Entries in accordance with these Official Rules. Notification by e-mail to the e-mail address provided by the entrant or by phone (either in person to the entrant or a person 19 years of age or older at the phone number provided by entrant or by voice message left at such phone number provided by entrant) shall constitute official notification of such entrant’s name being drawn as the potential winner of the Contest Prize.
THE CONTEST PRIZE: There is one (1) prize available to be won (the “Prize”). The Prize consists of an opportunity to attend and participate in the Home for the Holidays Seal Release, taking place on December 12, 2023. No transportation or accommodation is provided. The Prize winner must comply with these Official Rules, and winning is contingent upon fulfilling all such requirements. The Prize is considered to be priceless and has no retail value.
ODDS: The odds of winning are determined by the total number of Eligible Entries received.
ADDITIONAL PRIZE INFORMATION & CONDITIONS: The Contest Prize winner will be required to complete an Affidavit of Eligibility and Liability and Publicity Release (except where prohibited) to be returned within three (3) days of the date printed on winner’s notification letter, or his/her prize will be forfeited, and an alternate potential winner will be selected from all remaining Eligible Entries received in accordance with these Official Rules. If Prize notification is returned as undeliverable, Sponsor is unable to contact a potential winner within a reasonable time period, or a potential winner is not in compliance with these Official Rules, the Prize will be forfeited and an alternate potential winner will be selected from all remaining Eligible Entries received in accordance with these Official Rules. No cash redemption or Prize substitution will be allowed except at a Sponsor’s sole discretion, each of whom reserves the right to substitute the Prize with a prize of comparable or greater value. Any costs and expenses associated with Prize acceptance and/or use are the sole responsibility of the Prize winner.
WINNER’S NAME/RULES REQUESTS: To receive the winner’s name, send a business-sized, self-addressed, stamped envelope by December 11, 2023 to: “Home for the Holidays Seal Release Contest - Winner” c/o Vancouver Aquarium Marine Mammal Rescue Society, PO Box 45044 RPO Robson, Vancouver, BC, V6G 0A9. Winner’s name will not be disclosed until drawing is complete, notification has been made, the potential winner duly qualified and complied with these Official Rules and Prize accepted. Complete Official Rules will be available at https://www.vanaqua.org/home-for-the-holidays-contest-rules during the Contest Period, or you may obtain a copy of the Official Rules by sending a self-addressed, stamped, business envelope by November 30, 2023 to: Home for the Holidays Seal Release Contest” c/o Vancouver Aquarium Marine Mammal Rescue Society, PO Box 45044 RPO Robson, Vancouver, BC, V6G 0A9.
FORCE MAJEURE: Sponsor shall not be liable in damages and shall have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control, including, but not limited to, Acts of God, Government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections and/or any other cause beyond the reasonable control of the Sponsor.
OTHER CONDITIONS: All applicable federal, provincial and local laws and regulations apply. Sponsor reserves the right, at its sole discretion, to modify or suspend the Contest or any portion hereof, or to disqualify any individual implicated in any of the following actions, if for any reason: (a) infection by computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes which, in Sponsor’s sole opinion, corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, (b) the Contest or any website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper processing of entries per these Official Rules, or (c) the Contest is otherwise not capable of running as planned by Sponsor. In the event of such modification or suspension, Sponsor reserves the right to award the Prize to a winner to be selected in random drawings from among the remaining uncorrupted Eligible Entries.
DISCLAIMERS, WAIVER AND RELEASE: By entering, each entrant agrees to release and hold harmless Sponsor, and each Sponsor’s parents, subsidiaries, affiliates, divisions, advertising and promotional agencies, wholesalers and retailers, and each of the foregoing entity’s employees, officers, directors, shareholders and agents (collectively the “Released Parties”), from and against any and all claims, actions and/or liability for any injuries or death, loss or damage of any kind arising from or in connection with participation in and/or entry into the Contest or acceptance or use of any Prize or participation in any Contest-related travel or other activity and for any claims based on publicity rights, defamation, invasion of privacy and merchandise delivery. The Released Parties are not responsible or liable for any incorrect or inaccurate entry information, and assume no responsibility for (i) any error, omission, interruption, defect or delay in operation or transmission at any website, (ii) failure of any entry to be received by Sponsor due to technical problems, human error or traffic congestion on the Internet or at any website, (iii) communications line, hardware and/or software failures, (iv) damage to any computer (software or hardware) resulting from participation in the Contest, (v) theft or destruction of, tampering with, unauthorized access to, or alteration of entries and/or entry information, (vi) entries which are late, lost, stolen, damaged, illegible, unintelligible and/or postage due (or any combination thereof), or (vii) injury or damage to entrants’, participants’ or other persons’ computer relating to or resulting from participating or downloading materials in the Contest. The use of third-party software or website or automated entry systems to participate is prohibited, and Sponsor reserves the right to disqualify entries made in such fashion. By entering, each entrant agrees to comply with these Official Rules. Any entrant who attempts to tamper with this Contest in any way shall be disqualified. Additional restrictions may apply.
DISCLAIMERS, WAIVER, RELEASE: BY ENTERING, EACH PARTICIPANT AGREES IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF AN ENTRANT’S ACCESS TO, PARTICIPATION IN, RECEIPT OF AND USE OF THE CONTEST, THE PRIZE, OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM OR PERTAINING TO THE CONTEST. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
DISCLAIMER OF WARRANTIES: THE CONTEST AND PRIZE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
GOVERNING LAW: These Official Rules and any action or arbitration related to the Contest will be governed by and subject to the laws of British Columbia, Canada without regard to its conflict of laws provisions.
DISPUTES: By submitting an entry for the Contest, each entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Contest or any Prize awarded (collectively, “Disputes”) shall be resolved by binding arbitration, except each party retains the right (a) to assert a claim in the British Columbia Small Claims Court if the claim qualifies and (b) to bring a claim in court to enjoin infringement or other misuse of intellectual property rights. The exclusive jurisdiction and venue of any claims brought outside of arbitration will be the courts of British Columbia and EACH PARTY HERETO WAIVES ANY OBJECTION TO JURISDICTION AND VENUE OF SUCH COURT.
By submitting an entry for the Contest, EACH ENTRANT ACKNOWLEDGES AND AGREES THAT EACH PARTY HERETO IS WAIVING THE RIGHT TO A TRIAL BY JUDGE OR JURY IN THE BRITISH COLUMBIA COURT OR OTHER SUPERIOR COURT. court. Further, unless all parties to a dispute agree in writing, the arbitration will be conducted on an individual basis and the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of class or representative proceeding.
Any arbitration will be conducted by the Vancouver International Arbitration Centre using the Domestic Arbitration Rules, which can be located at https://vaniac.org/arbitration/rules-of-procedure/domestic-arbitration-rules/ or by contacting the Vancouver International Arbitration Centre. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. Payment of all filing, administration and arbitrator fees will be governed by the Domestic Arbitration Rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous or brought in bad faith.
Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest but in no event attorneys’ fees; and under no circumstances will an entrant be permitted to obtain awards for and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
This Disputes section will survive any termination of these Official Rules.
GENERAL CONDITIONS: By entering or participating in this Contest, entrants: (a) agree to these Official Rules and the decisions of the Sponsor, which shall be final and binding in all matters relating to the Contest; (b) agree that the Release Parties are not responsible for printing, typographical, human, distribution, production, or other errors of any kind that may occur in connection with the Contest, including, without limitation, errors in connection with the administration of the Contest, the processing of entries, the announcement of the Prize or in any other Contest related materials; (c) agree to indemnify and hold harmless the Released Parties from and against any and all injuries, claims, damages, or losses of any kind that arise from or are sustained directly or indirectly, in whole or in part, in connection with acceptance or use/misuse of Prize or from participation in the Contest; (d) by accepting the Prize, winner agrees that the Sponsor and its designees may use winner’s name, picture/portrait, likenesses, and/or voice for advertising, trade, and promotional purposes, worldwide in perpetuity, in any and all media now known or hereafter devised, without notification, permission, or additional compensation, unless prohibited by law. Sponsor reserves the right to cancel or modify the Contest if fraud, technical failures or any other factor impairs the integrity of the Contest, as determined by Sponsor in its sole discretion and, in event of cancellation, Sponsor reserves the right to award the Prize from among all eligible entries received up to the time of impairment of the Contest.
SPONSOR: Vancouver Aquarium Marine Mammal Rescue Society, PO Box 45044 RPO Robson, Vancouver, BC, V6G 0A9.
This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, You Tube, Instagram, My Space, Twitter or any other social media network.
Copyright 2023 Vancouver Aquarium Marine Mammal Rescue Society. All Rights Reserved.
ABBREVIATED RULES:
NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED. Contest begins 10:00 AM Pacific Time (“PST”) Choose an item. on November 20, 2023 and ends at 7:00 PM PST on December 8, 2023 (the “Contest Period”). Contest is offered only in Canada. Residents of Quebec are ineligible. Must be a legal resident of Canada and at least 19 years or older to enter. There is one (1) prize available to be won (the “Prize”). The Prize consists of an opportunity to attend and participate in the Home for the Holidays Seal Release, taking place on December 12, 2023. No transportation or accommodation is provided. The Prize is considered to be priceless and has no retail value. The odds of winning are determined by the total number of Eligible Entries received. Correct answer to math skill-test required. See complete Official Rules for details at https://www.vanaqua.org/home-for-the-holidays-contest-rules. The Sponsor of the Contest is Vancouver Aquarium Marine Mammal Rescue Society, PO Box 45044 RPO Robson, Vancouver, BC, V6G 0A9.
