VIVA LIFESTYLE & TRAVEL #VIVAStories CONTEST
OFFICIAL CONTEST RULES
1. NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
The VIVA Lifestyle & Travel Ambassador contest (the "Contest") begins Wednesday February 1, 2017 at 9:00:00 a.m. Pacific Time (“PT”) and ends on Tuesday March 28, 2017 at 11:59:59 p.m. PT (the "Contest Period"). The Contest is run by Simply Technologies Corp. (d/b/a VIVA Lifestyle & Travel) (the “Sponsor”). For the purposes of the Contest, the “Contest Group” is composed of the Sponsor, together with its respective affiliates and related companies, including without limitation their parent, sister and subsidiary companies, retailers, franchisees, advertising and promotion agencies, suppliers of material and services related to the Contest, and any other corporation, partnership, sole proprietorship or other legal entity directly involved in the Contest and their respective officers, directors, employees, agents, and other representatives.
The Contest is open to legal residents of Canada (excluding Quebec) and the United States (excluding Puerto Rico) who are over the age of majority in the jurisdiction in which the entrant resides. Excluded from eligibility are officers, directors, employees, agents and representatives of the Contest Group, any independent contest judging organization, each of their respective parent, affiliated and related companies, agencies, suppliers of the materials and services related to this Contest, and members of any immediate families (defined as parents, siblings, children and spouses, regardless of where they live) or households (whether or not related) of such officers, directors, employees, agents and representatives.
HOW TO ENTER
NO PURCHASE NECESSARY. Internet access required. Online entry through [enter Contest URL] (the “Contest Website”) or the VIVA Lifestyle & Travel App [link to download: https://itunes.apple.com/ca/app/viva-lifestyle-and-travel/id961282172?mt=8] only; no other means of submission will be accepted.
To enter the Contest: (i) visit the Contest Website or open the app to complete a contest entry form including the following information: your name, email address, date of birth and mailing address; and (ii) submit a video that you took (each, an “Entry” or collectively, “Entries”).
Limit: Multiple entries allowed per person.
All Entries must meet the following submissions guidelines (the “Submissions Guidelines”):
The Entry must not defame, misrepresent or contain disparaging remarks about Sponsor or any of its products or services, or other people, products or companies or communicate messages inconsistent with the positive images and/or goodwill associated with the Sponsor, as determined by Sponsor in its sole discretion.
The Entry must be suitable for family audiences, including without limitation for display and publication online and on national television, as determined by Sponsor in its sole discretion.
The Entry must not contain any content that is or contains: unlawful behaviour, profanity, explicit sexuality, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or is hatefully, racially, ethnically or otherwise offensive or objectionable, as determined by Sponsor in its sole discretion.
The Entry must not infringe on the intellectual property rights, or defame or invade the publicity or privacy rights, of any third party, living or deceased.
By submitting an Entry, you warrant and represent that: (i) the Entry is your original work, created solely by you, and over which you have all necessary rights, title and interest, including copyright; (ii) the Entry has not been previously published; (iii) the Entry does not infringe upon the intellectual property rights, or defame or invade the publicity or privacy rights, of any third party, living or deceased; (iv) all individuals appearing in the Entry have granted to you an irrevocable, royalty-free, worldwide license in perpetuity to publish or otherwise use their likeness in the Entry in any manner and media whether now known or hereafter devised including, without limitation, on the Contest Website; and, (v) the Entry complies with the Submissions Guidelines. You agree to indemnify and hold harmless Sponsor from any claims to the contrary.
By entering, you agree as follows: (i) you acknowledge that your Entry may be posted by Sponsor on the Contest Website or used in Sponsor’s promotional e-mails or otherwise, in Sponsor's sole discretion but without obligation; (ii) you have the right and authority to, and do hereby, grant to Sponsor an irrevocable, non-exclusive, royalty-free worldwide license in perpetuity to reproduce, store, copy, broadcast, display, distribute, edit, alter, combine with other material, publish, post, commercialize and/or otherwise use without limitation all or any part of the Entry on the Contest Website or in Sponsor’s promotional e-mails or otherwise; (iii) you waive any and all moral rights that you may have in and to the Entry with respect to the uses contemplated herein; and, (iv) you agree to release and hold harmless Sponsor from and against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related cause of action that relates in any way to Sponsor’s use of the Entry.
HOW TO WIN
On April 1, 2017, Sponsor or Sponsor’s agent will select one (1) eligible Entry received during the Contest Period that reflects the Entry with the highest score out of 40 based on the following scoring system:
(i) 40 points will assigned by a panel of judges consisting of Sponsor staff members and/or qualified external judges based on the Entry that best reflects the following criteria (the “Criteria”), where each criteria can receive up to a maximum of 10 points:
1. Experiential: Is the experience depicted in the video interesting for viewers? ( /10)
2. Engaging: Does the video engage its users, whether through the activity, location, narration or filming technique? ( /10)
3. Inspiring: Does this video inspire viewers to take action? ( /10)
4. Technical quality: Is the footage technically usable and easy to view? ( /10). Judging will take place from October 17, 2016 to October 23, 2016.
In the event of a tie, the entrant who submits the Entry that best reflects the Experiential Category of the Criteria will be selected as the potential winner. If a tie still remains after this process, one Entry will be randomly selected from among all tied Entries.
Chances of being selected as eligible to win depend on the total number of eligible entries received during the applicable Contest Period, and each entrant’s skill in meeting the Criteria for videos published. In order to be eligible to win, at least one of your Entries must be published by the Sponsor: Entries that are submitted but are not chosen by the Sponsor to be published are not eligible to win.
Entries must be the sole property of the entrant. If a duplicate video is found published online, the entrant may be disqualified at the Sponsor’s discretion.
PRIZE CLAIM CONDITIONS
Selected entrant will be notified by email or phone within approximately two weeks after being selected as the potential winner.
In order to be declared a winner, selected entrant must: (i) respond to notification of selection within five (5) business days of first attempt by Sponsor; (ii) if selected entrant is a resident of Canada, correctly answer, without assistance, a time-limited mathematical skill-testing question to be administered by telephone or email at a mutually convenient time; (iii) sign and return to Sponsor within the stated time period a written declaration and release form, releasing the Sponsor, its parent, related and affiliated companies, advertising and promotional agencies, and all of their respective directors, officers, owners, partners, shareholders, employees, agents, representatives, successors and assigns from any liability in connection with this Contest or the use or misuse or possession of the Grand Prize (the “Release”); (iv) ensure your selected travel partner(s) signs and returns the Release to Sponsor within the stated time period; (v) agree to act as an 'ambassador' on behalf of Sponsor on all trip by generating content for Sponsor, including but not limited to: social media posts (four (4) Instagram posts), one text interview during the trip, and at least five minutes of quality video footage, and as otherwise instructed by Sponsor; and, (vi) otherwise comply with these Official Contest Rules.
Return of a prize or winner notification as undeliverable, inability to reach selected entrant or failure of selected entrant to respond to notification within three (3) business days of first attempt by Sponsor or Sponsor’s agent, failure to provide proof of eligibility (if requested), release documents, or other required documentation in a timely manner, failure to correctly answer the skill-testing question (where applicable), or other non-compliance with these Official Contest Rules may result in disqualification, forfeiture of the Grand Prize and, at Sponsor’s sole discretion, selection of an alternate eligible entrant for the forfeited Grand Prize in accordance with these Official Contest Rules, who will be subject to disqualification in the same manner.
There is one (1) “Grand Prize” available to be won during the Contest Period. The Grand Prize consists of one (1) trip including: (i) roundtrip economy air transportation for two (2) to the destination(s) from the closest international airport to the winner’s residence; (ii) six (6) nights of hotel accommodations (double occupancy) at a hotel (or multiple hotels) chosen by the Sponsor in its sole discretion; (iii) luggage and/or products and/or photography equipment; and dining and/or spa credit from the hotel. Dates and times of the trips will be chosen by the Sponsor in its sole discretion.
Approximate retail value of the Grand Prize is $10,000 USD based on a Toronto, Ontario, Canada departure example. Actual retail value of the Grand Prize depends upon point of departure, destination, airfare and hotel rate fluctuations. Winner is not entitled to any differences between stated approximate retail value and the actual value.
All other expenses not specifically included above are the sole responsibility of the Grand Prize winner and his or her travel partner(s), including, but not limited to the following costs: ground transportation, meals, fees, gratuities, travel medical insurance and items of a personal nature (NOTE: winner may be required to present a valid major credit card in winner’s name at the time of hotel check-in to cover any incidental expenses). Sponsor will not replace any lost or stolen tickets or other prize components once they are in the winner’s possession.
Without limiting the generality of the foregoing, the following general conditions apply to the Grand Prize: (i) Grand Prize must be accepted as awarded and is not transferable, assignable or convertible to cash (except as may otherwise be specifically permitted by Sponsor in its sole and absolute discretion); (ii) if the winner does not utilize any part(s) of the Grand Prize, then any such part(s) not utilized will be forfeited in their entirety and nothing will be substituted in their place; (iii) Sponsor reserves the right at any time to: (a) place reasonable restrictions on the availability or use of the Grand Prize or any component thereof; and (b) substitute the Grand Prize or a component thereof for any reason with a prize or a prize component of equal or greater value, including, without limitation, but solely at the Sponsor’s sole discretion, a cash award; (iv) all travel arrangements relating to the Grand Prize must be made through the Sponsor or its designated agents; and (v) by accepting the Grand Prize, the winner agrees to waive all recourse against the Sponsor if the Grand Prize or a component thereof does not prove satisfactory, either in whole or in part.
The Grand Prize winner and his or her travel partner(s) must travel on the identical itinerary. Travel must originate from and end at the same airport. The winner and his or her travel partner(s) may be required to provide appropriate government-issued photo identification (such as a valid passport) at time of travel. The winner and his or her travel partner(s) are solely responsible for determining and obtaining all necessary travel documents, permissions, visas and other travel requirements. No changes will be made to travel details once any portion of travel arrangements have been made, except at Sponsor’s sole discretion. Sponsor is not responsible for changes in schedule of any element of the Grand Prize, and Sponsor is not liable for any expenses incurred as a consequence of flight cancellation/delay.
Sponsor and its authorized agents will collect, use, and disclose the personal information you provide when you enter the Contest for the purposes of administering the Contest and Grand Prize fulfillment. You may be offered the opportunity to receive additional communications from Sponsor about its products and services, and upcoming contests and promotions. The Contest Website is hosted on servers in the United States, and the personal information you provide may therefore also be subject to the laws of the United States.
RIGHT TO VOID / TERMINATE / SUSPEND / MODIFY
Sponsor reserves the right to terminate, suspend or modify this Contest, in whole or in part, at any time and without notice or obligation if, in Sponsor's sole discretion, any factor interferes with its proper conduct as contemplated by these Official Contest Rules. Without limiting the generality of the foregoing, if the Contest, or any part thereof, is not capable of running as planned for any reason, including but not limited to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, programming errors, or technical failures, which, in the sole discretion of Sponsor, corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, Sponsor may, in its sole discretion, void any suspect entries and: (a) terminate the Contest, or any portion thereof; (b) modify or suspend the Contest, or any portion thereof, to address the impairment and then resume the Contest, or relevant portion, in a manner that best conforms to the spirit of these Official Contest Rules; and/or (c) award the Grand Prize from among the eligible, non-suspect entries received up to the time of the impairment in accordance with the winner selection criteria discussed above.
Winning the Grand Prize is contingent on fulfilling all the requirements set forth herein. Mass entries, automated entries, entries submitted by third parties, and any entries or prize claims that are late, incomplete, fraudulent, illegible, unidentified or delayed will be void. All entries and prize claims are subject to verification. Proof of entry submission does not constitute proof of receipt. Entrants agree to abide by these Official Contest Rules. Decisions of Sponsor will be final and binding on all matters pertaining to this Contest. Contest is subject to all applicable federal, state, provincial, territorial and municipal laws. Void where prohibited. Sponsor reserves the right to correct any typographical, printing, computer programming or operator errors. Sponsor's failure to enforce any term of these Official Contest Rules shall not constitute a waiver of that provision. The invalidity or unenforceability of any provision of these Official Contest Rules shall not affect the validity or enforceability of any other provision. If any provision of the Official Contest Rules is determined to be invalid or otherwise unenforceable, then the Official Contest Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. Should a winner make any false statement(s) in any document referenced above, the winner may be required to promptly return to Sponsor his or her Grand Prize, or the cash value thereof. Sponsor reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process, the operation of the Contest and/or Contest Website, violates the Official Contest Rules, or acts with intent to annoy, abuse, threaten or harass any other person. WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS CONTEST OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute as to the identity of the person who submitted any entry, the authorized account holder of the email account used to enter the Contest will be deemed to be the entrant. The "authorized account holder" is the natural person assigned by an Internet access provider, online service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address. The potential winner may be required to show proof of being the authorized account holder. The Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter or Instagram.
LIMITATIONS OF LIABILITY AND RELEASES
BY PARTICIPATING IN THIS CONTEST, ENTRANTS AGREE THAT THE CONTEST GROUP (COLLECTIVELY, THE "RELEASEES") HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND (INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES) TO PERSONS OR PROPERTY RESULTING FROM THE GRAND PRIZE, INCLUDING THE ACCEPTANCE, POSSESSION, PARTICIPATION IN, MISUSE OR USE OF THE GRAND PRIZE, OR THE MERCHANDISE FOR WHICH IT IS REDEEMED. FURTHER BY PARTICIPATING IN THIS CONTEST, ENTRANTS AGREE THAT RELEASEES HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND (INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES) TO PERSONS OR PROPERTY RESULTING FROM: A) ENTRY OR PARTICIPATION IN THIS CONTEST, INCLUDING ACCESS TO AND USE OF THE CONTEST WEBSITE, OR B) ANY CLAIMS BASED ON PERSONALITY OR PRIVACY RIGHTS, DEFAMATION OR MERCHANDISE DELIVERY. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore such exclusions may not apply to you.
Without limiting the foregoing, the Releasees, and any of Sponsor's other agencies, suppliers or contractors, shall not be responsible for: (a) any incomplete or inaccurate information that is caused by Contest Website users, or by any of the equipment or programming associated with or utilized in the Contest, or by any technical or human error which may occur in the processing of submissions in the Contest; (b) lost, interrupted, or unavailable network, server, service provider, on-line systems, telephone networks or telephone lines, or any other connections; (c) the theft, destruction, loss or unauthorized access to, or alteration of, entries; (d) any problems with, or malfunctions or failures of, telephone networks or lines, computers or computer on-line systems, servers or providers, computer equipment, software, viruses or bugs; (e) garbled transmissions or miscommunications; (f) failure of any e-mail to be received by or from the Contest judging organization or Sponsor for any reason, including but not limited to traffic congestion on the Internet or at any website or combination thereof or technical incompatibility; (g) damage to a user's computer equipment (software or hardware) occasioned by participation or downloading of materials related to this Contest; (h) printing, distribution, programming or production errors, and any other errors or malfunctions of any kind, whether human, mechanical, electronic or otherwise; or (i) technical, pictorial, typographical or editorial errors or omissions contained herein.