"Virgin Plus – Virgin Voyages" Contest
Contest Rules
1. CONTEST PERIOD
The "Virgin Plus – Virgin Voyages" contest (the "Contest") is run by Virgin Plus, a division of Bell Mobility Inc. (the "Administrator" or "VMC"), and will take place in Canada from June 10, 2019 at 3:30 p.m. Eastern Time ("ET") to September 30, 2019 at 11:59 p.m. ET (the "Contest Period").
2. CONTEST GROUP
For the purposes of the Contest, the "Contest Group" is composed of the Administrator, Virgin Cruises Intermediate Limited, together with 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 to the benefit of which this Contest is held, as well as their respective officers, directors, employees, agents, and other representatives.
3. ELIGIBILITY
The Contest is open to all individuals who:
(a) reside in Canada;
(b) winner and guest must be 21 years or older; and
(c) are valid VMC members as at June 9, 2019 with an account in good standing.
Employees, agents and representatives of the Contest Group, as well as any person with whom they reside, are not eligible to enter the Contest.
4. METHODS OF ENTRY
Individuals may enter during the Contest Period using the methods outlined below. No entries will be accepted by any other means.
4.1. All eligible entrants may enter the Contest during the Contest Period by clicking the link to be redirected to the contest landing page (the "Contest Website") in promotional communications advertising the Contest.
On the Contest entry form ("Entry Form"), all online entrants must (i) review and accept these Contest Rules; (ii) provide their name, age, email address, telephone number and/or VMC mobile number; and (iii) confirm their acknowledgement of and agreement to the release conditions (described in greater detail in Section 9.6 below).
4.2 Via My Benefits App: All eligible entrants may enter the Contest during the Contest Period by accessing My Benefits App on their mobile device, selecting the Spotlight section in the menu and completing the steps for registration.
4.3. NO PURCHASE NECESSARY. To enter by email, eligible entrants must send an original email to contests@virginplus.ca by including (i) an original fifty (50) word essay, written by the entrant, about their favourite international destination; and (ii) the entrant's name, age, email address, telephone number, and confirmation of agreement to these Contest Rules. Although online access and an e-mail account are required in order to participate, no purchase is required in order to enter the Contest. Many public libraries, retail businesses and others offer free access to computers and a number of Internet service providers and other companies offer free e-mail accounts.
Regardless of method of entry, an eligible entry received by VMC during the Contest Period will qualify as one (1) entry into the Contest. Limit of one (1) entry per entrant during the Contest Period. If duplicate entries are received from any entrant, the entries in excess will be discarded.
5. PRIZE
5.1. There is one (1) grand prize ("Grand Prize") available to be won consisting of not less than four (4) nights voyage in a double occupancy Ltd View Sea Terrace ("cabin") accommodation on a vessel that travels to the Caribbean to be taken aboard the Virgin Voyages Caribbean voyage for the Winner and one (1) Guest. The Grand Prize includes:
· Round trip economy air fare for two (2) from a major Canadian airport closest to the winner's place of residence in Canada (hereinafter referred to as the "Departure Point").
Virgin Plus will be responsible for any and all air and ground transportation, required to travel to the Cruise port of departure and return, including gasoline, tolls and parking required to travel to the Cruise port of departure and return.
· Virgin Plus will also provide $500 (CAD) to the winner for spending during the Virgin Voyages Caribbean voyage.
All travel subject to availability and blackout dates apply. The approximate retail value ("ARV") of the Virgin Voyages Portion of the Grand Prize is $3,000.00 USD / $4,051.00 (CAD) / £2316.00 (GBP). Winner will be solely responsible for any and all baggage fees, airport fees, transfers, travel insurance, taxes, port fees, personal incidentals, souvenirs and any other expenses associated with the acceptance and use of the Grand Prize. Winner will be solely responsible for discretionary spend on their onboard folio including but not limited to specialty & alcoholic beverages, mini-bar, laundry service, telephone, internet, movies, beauty & spa treatments, tattoos, retail, travel upgrades, sightseeing excursions and any other expenses associated with the acceptance and use of the Grand Prize. The Winner will be required to provide a valid major credit card or some other acceptable form of payment, as determined at Virgin Voyage's sole discretion, upon stateroom check-in. All discretionary expenditures on the vessel, as well as upgrades and any other expenses charged to the Winner's room, will be charged to that major valid credit card or deducted from the deposit provided. Winner and his/her Guest must travel on the same itinerary. Certificate and booking are non-transferable. Winner and his/her Guest must possess a valid government-issued passport and any required visas at the time of travel. Virgin Voyages is not responsible for lost or stolen baggage. Sea travel is subject to terms and conditions as stated on the Ticket Contract (which will be made available prior to booking the Voyage). Various additional material restrictions may apply. Winner and his/her Guest are each solely responsible for obtaining his/her own travel, medical, and life insurance, and the associated costs. If either the Winner or his/her Guest becomes ill or infirm to such a degree that he or she cannot embark the vessel, Virgin Voyages shall have the option at its sole discretion of being relieved of liability for fulfillment of the Grand Prize award or any part thereof. Winner and his/her Guest must obey all local laws and regulations while on the trip and act in a manner that is safe and respectful of Virgin Voyages and its other guests. Virgin Voyages is not responsible for any fees or additional charges resulting from any changes to the itinerary or accommodations made by the Winner and/or his/her Guest. All travel is subject to any and all restrictions, directives, orders, etc., issued or instituted by governmental authorities. The ARV of the Grand Prize set forth above represents good-faith determination of the actual fair market value and, as ultimately determined by Virgin Voyages, is final and binding and cannot be challenged or appealed. In the event that the stated ARV of the Prize is more than the actual fair market value of such prize, the difference will not be awarded in cash or otherwise. The ARV of the Prize may vary based on point of departure.
Winner or his/her Guest may elect a Virgin Voyages Caribbean voyage on any date before October 30, 2020 provided that (i) the Flights and Voyages Trip are booked before November 30, 2019 (23:59 EST). Partner will offer sailing between July-October 2020, excluding sailing the week of July 15, 2020. These term restrictions will be stated in the cruise redemption certificate.
Once your air travel ticket has been issued, the origin and destination cannot be changed. However, a change to the flight time, and/or travel date may be permitted, and a change fee per ticket may apply. Air ticket is not transferable, not refundable and not redeemable for cash. Frequent flyer mileage accumulation is not permitted. The use of e-upgrade certificates is not permitted. Stopovers are not permitted. Promotional pass recipients may be held liable to the airline for failure to adhere to the restrictions and conditions of travel applicable to their tickets or for the fraudulent use of those tickets. The airfare ticket(s) is for one-time use only, and only for the winner's and guest's personal use. It may not be distributed or sold, or otherwise used for commercial or personal gain, other than for the purpose for which it is intended. Any violation of these conditions may result in cancellation of the airfare component of the Grand Prize, of any booking made using the airfare component of the Grand Prize, and/or to any legal or other recourse available for the recovery of damages suffered or costs, expenses or loss incurred as a result of such prohibited use.
It is the sole responsibility of the Grand Prize winner and his/her Guest to obtain all necessary travel documentation including passports and visas, and to comply with any customs and immigration requirements, as applicable. The Grand Prize winner and his/her Guest must be able to travel at the times and dates as determined by the Contest Group, in their sole discretion and authority, failing which the Grand Prize will be forfeited. It is recommended that the Grand Prize winner and his/her Guest obtain sufficient personal insurance prior to departure.
Approximate retail value of the Grand Prize is $5,500 CAD based on a Toronto Departure.
The Grand Prize includes the listed itinerary only and excludes optional or additional services such as any airfare not expressly included in the itinerary, transfers, pre/post-tour accommodation, 'My Own Room' option, insurance, amendments to the tour and all incidentals, meals, gratuities, taxes, fees, levies.
6. DRAW
On October 1, 2019 at 1:00p.m. ET in Toronto in the province of Ontario, at the offices of VMC, one (1) entry will be randomly drawn from all entries received during the Contest Period.
7. ODDS OF WINNING
The odds of winning depend on the number of entries received during the Contest Period.
8. AWARDING OF PRIZE(S)
8.1. To be declared a winner, a selected entrant must, in addition to meeting the Contest eligibility criteria and otherwise complying with the Rules, first:
(a) Be reached by telephone or email by the Administrator or its representatives within twenty-four (24) hours immediately following the selection of the entry;
(b) Have correctly answered a mathematical skill-testing question to be administered in the declaration and release documentation; and
(c) Sign and have witnessed the declaration and release documentation and return it to the address indicated in the documentation for it to be received within twenty-four (24) hours following its delivery by the Administrator or its representatives.
8.2. Disqualification: If any one of the conditions mentioned in the Rules is not met, the selected entrant will be disqualified and shall not be entitled to receive any prize, and the Administrator reserves the right, in its sole and absolute discretion, to select at random another eligible entrant as a potential prize winner or to cancel the prize.
8.3. Delivery of Prize(s): Following receipt of the selected entrant's signed declaration and release documentation, the Administrator or its representatives will send to the Winner a letter informing him or her of the method by which he or she may take possession of the Grand Prize and booking of air and ground transportation. Please allow two (2) to four (4) days for delivery of the letter.
9. GENERAL TERMS AND CONDITIONS
9.1. Verification of Entries: The validity of any Contest Entry is subject to verification by the Administrator. Any entries that are illegible, incomplete, fraudulent or otherwise non-compliant with the Rules will be disqualified. Any entrant or other individual who enters or attempts to enter the Contest in a manner that is contrary to these Contest Rules or that is otherwise disruptive to the proper operation of the Contest or by its nature is unjust to other entrants or potential entrants will be disqualified. All decisions made by the Administrator or its representatives, including without limitation those concerning the eligibility or disqualification of entrants, are final and binding without right of appeal. All entries become the property of the Administrator and none will be returned.
9.2. Acceptance of Prizes: All prizes must be accepted as described in these Contest Rules and cannot be returned, transferred to another individual, substituted for another prize or exchanged in whole or in part for money, except as set out in Rule 9.3.
9.3. Substitution of Prizes: The Contest Group reserves the right, in its sole and absolute discretion, and for any reason whatsoever, to substitute for any prize, or part thereof, another prize of equivalent or greater value, including, without limitation, a cash award.
9.4. Number of Prizes/Winners: By entering the Contest, each entrant acknowledges that the Administrator shall not be required under any circumstances to award more prizes than the number of available prizes, as set out in these Contest Rules. In the event that, for any reason whatsoever (including, without limitation, as a result of an error, malfunction or defect in the design, advertising, management, implementation or administration of the Contest, whether mechanical, electronic, human or otherwise) the number of declared winners or the number of prizes claimed by entrants is greater than the number of prizes available, the Administrator reserves the right, in its sole and absolute discretion, to end the Contest in whole or in part, without notice, subject only to the prior approval of the Régie des alcools, des courses et des jeux, if required, in respect of the Province of Quebec, and to award the correct number of prizes among the correct number of winners, selected in accordance with these Contest Rules from among those entries validly submitted prior to the termination of the Contest.
9.5. Other Changes to Contest Rules: Without limiting the provisions of Rule 9.4 above, the Administrator reserves the right, in its sole and absolute discretion, to modify, cancel, terminate or suspend the Contest, in whole or in part, in the event of any cause or circumstance, including, without limitation, any virus, computer bug or unauthorized human intervention or any other cause that is beyond the control of the Administrator, that could corrupt or affect the administration, security, impartiality or normal course of the Contest subject to, in respect of the Province of Quebec, the approval of the Régie des alcools, des courses et des jeux du Québec.
9.6. Release and Exclusion of Liability:
(a) By the Entrants: By entering or attempting to enter the Contest, each entrant and/or purported entrant agrees: (i) to release, discharge, and forever hold harmless the Contest Group and their shareholders from any and all claims, actions, damages, demands, manner of actions, causes of action, suits, debts, duties, accounts, bonds, covenants, warranties, indemnities, claims over, contracts and liabilities of whatever nature or kind arising out of, or in connection with the entrant's participation or attempted participation in the Contest, compliance or non-compliance with these Contest Rules and acceptance and use of the prize. Any entrant selected for a prize acknowledges that upon awarding of the prize, the obligations typically borne by the provider of services or goods become that provider's responsibility; and (ii) if selected as a potential winner, to sign the declaration and release documentation (see Rule 8.1) in this regard before receiving his/her prize. The Contest Group and their shareholders will not be responsible for lost, incomplete, late or misdirected entries or for any failure of the Contest website, if applicable, during the Contest Period, or for any technical malfunction or other problems with, any telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software or for any technical problems or traffic congestion on the Internet or at any website, or any combination of the foregoing, and will not be liable for any resulting death, injury or damage to any person or property arising from, or relating to, that person's or any other person's participation or attempted participation in the Contest. Any attempt to deliberately damage any website or to undermine the legitimate operation of this Contest is a violation of criminal and civil laws and, should such an attempt be made, the Administrator reserves the right to seek remedies and damages to the fullest extent permitted by law, including criminal prosecution.
(b) By the Winner's Guest(s): The winner's guest must have reached the age of majority in their province/territory of residence. The winner's guest, as the case may be, will be required to sign documentation stating that he/she releases the Contest Group and their shareholders from any and all liability of any kind arising out of his/her participation in, and use of, a prize, and authorizes the Administrator, Virgin Voyages and their advertising and promotional agencies and their respective employees or other representatives to broadcast, publish and otherwise use his or her name, photograph, image, statements regarding the Contest or any prize, place of residence and (or) voice for publicity purposes, without any form of remuneration.
9.7. Conduct: By participating in the Contest, each entrant agrees to be bound by the Contest Rules, which will be posted on the Contest Website throughout the Contest Period. The entrant agrees to be bound by any decision of VMC in connection with the Contest, which will be final and binding in all respects. VMC reserves the right, in its sole discretion, to disqualify any entrant found to be: (a) violating the Contest Rules; (b) tampering or attempting to tamper with the entry and registration process, the operation of the Contest, the Contest Website, the Entry Form, or any VMC website; and/or (c) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE CONTEST WEBSITE, THE ENTRY FORM, THE VMC WEBSITE (virginplus.ca) OR ANY RELATED WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF THE CONTEST RULES AND CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, VMC RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING BUT NOT LIMITED TO CRIMINAL PROSECUTION. Winner and guest must at all times behave appropriately when taking part in the Contest, the prize and any media obligations and observe the Contest Rules and any other rules or regulations in force online, and/or in any other medium, and/or on the airline, onboard the vessel, at the hotel or in any other locations, as applicable. The Contest Group reserves the right to remove from any of these locations, any winner and/or guest, as applicable, who breaks such rules and/or fails to behave appropriately and to disqualify such winner. The Contest Group reserves full rights to deny or halt winner and/or guest access to the prize and/or participation in the prize, if winner and/or guest are rowdy or intoxicated, as determined at the sole discretion of the Contest Group.
9.8. Name/Image of Winners: By entering the Contest, each winner authorizes the Administrator, Virgin Voyages and their advertising and promotional agencies and their respective employees or other representatives to broadcast, publish and otherwise use his or her name, photograph, image, statements regarding the Contest or any prize, place of residence and (or) voice for publicity purposes, without any form of remuneration.
9.9. Intellectual Property and Company Information: 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 VMC and/or Virgin Voyages 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. The VIRGIN trademark and family of associated marks are owned by Virgin Enterprises Limited and used under license.
9.10. Governing Law: The Contest is subject to all applicable federal, provincial and municipal laws and regulations. The Rules are subject to change without notice in order to comply with any applicable federal, provincial and municipal laws or the policy of any other entity having jurisdiction over VMC. All issues and questions concerning the construction, validity, interpretation and enforceability of the Rules or the rights and obligations as between the entrant and VMC in connection with the Contest will be governed by and construed in accordance with the laws of the province of Ontario and laws of Canada applicable herein, including procedural provisions 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. Sea travel aboard the vessel is subject to the terms and conditions as stated on the Ticket Contract (will be made available prior to the Voyage), and air travel is subject to the terms and conditions as stated in the air carrier's Ticket Contract.
9.11. Dispute – Québec 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 boardonly for the purpose of helping the parties reach a settlement.
9.12. Personal Information: Unless the entrant has otherwise authorized the Administrator or another entity related to the Contest to contact him or her, the personal information gathered about entrants in connection with this Contest will be used solely for the administration of the Contest and is subject to VMC's privacy policies (available at www.virginplus.ca/privacy), and no communication unrelated to the Contest, commercial or otherwise, will be sent to the entrant by the Administrator.
9.13. Identity of the Entrant: For the purposes of these Contest Rules, the entrant is the person whose name appears on the VMC account in the case of automatic entries or, in the case of emailed entries, the person whose name is submitted as the entrant. It is to this individual that the prize will be awarded if selected and declared as the winner.
9.14. Facebook: Each entrant in this Contest releases Facebook from any and all liability in respect of this Contest. This Contest is in no way sponsored, endorsed or administered by, or associated with Facebook. Any information entrant provides in connection with the Contest is being provided to Administrator and not to Facebook.