"Virgin Plus Flyaway to Florida"
Contest
Contest Rules
1. CONTEST PERIOD
The “Virgin Plus Flyaway to Florida” Contest (the “Contest”) is sponsored and run by Virgin Plus, a brand of Bell Mobility Inc. (the “Administrator” or “VP”), and will take place in Canada March 1, 2023 at 10:00 a.m. Eastern Time (“ET”) to April 30, 2023, 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 and The Walt Disney Company (Canada) Ltd. (“Disney” or “Prize Provider”), 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. For the avoidance of doubt, the Contest is neither sponsored nor co-sponsored by The Walt Disney Company (Canada) Ltd.
3. ELIGIBILITY
The Contest is open to all individuals who:
(a) reside in Canada;
(b) have reached the age of majority in their province/territory of residence as of the date of entering the Contest; and
(c) are valid VP members as of February 28, 2023 with an account in good standing.
Employees, agents and other 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
There is no purchase necessary to enter the Contest. Void where prohibited. Individuals may enter during the Contest Period using the methods outlined below. No entries will be accepted by any other means.
4.1. Via Contest Website: 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 (these “Contest Rules”); (ii) provide their name, age, email address, telephone number and/or VP mobile number; and (iii) confirm their acknowledgement of and agreement to the release conditions (described in greater detail in Rule 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. Alternate Means of Entry: 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 why they want to win the Contest; and (ii) the entrant’s name, age, email address, telephone number, and confirmation of agreement to these Contest Rules. 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 VP 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) vacation package for up to four (4) persons for five (5) nights and six (6) days at the Walt Disney World Resort to be awarded to the winner of the Contest conducted by the Administrator (the “Prize”). For clarity, the vacation package shall consist of the following:
- Up to four (4) round trip coach air fares between the major international airport closest to winner's residence in Canada (the “Departure Airport”) and the Orlando International Airport in Orlando, Florida, USA (the “Arrival Airport”).
- Voucher(s) for round trip local ground transportation service for up to four (4) passengers between the Orlando International Airport and the Walt Disney World Resort.
- Room accommodations consisting of one (1) standard room (with a maximum of four (4) persons per room) for five (5) nights at a hotel at the Walt Disney World Resort selected by Disney in its sole discretion, based on availability.
- Up to four (4) 6-Day Theme Park Tickets with Park Hopper Plus Option.
- One (1) Disney Gift Card with a value of USD$600, subject to its terms and restrictions available here.
- One (1) Disney VIP Tour Guide for eight (8) hours on one (1) day during the vacation package (guide to be selected and subject to restrictions as determined by Disney).
5.2. The estimated retail value of the Prize is US $14,510.92.
5.3. The winner must complete trip between July 1, 2023 and January 1, 2024. Block out dates apply.
5.4. The following items are not included as part of the Prize:
- Meals
- Hotel room service
- Laundry service
- Spa treatments
- Nursery charges
- Alcoholic beverages
- Merchandise, souvenirs, etc.
- Transportation between winner’s residence and the Departure Airport
- Airport parking fees
- Airport baggage fees
- Local and long distance telephone calls
- Incidental expenses
- Tips and gratuities
- Travel and medical insurance
- Service charges or taxes
- All other charges not otherwise described in the Prize in Section 5.1 above.
Vacation package fulfillment is subject to certain restrictions and is subject to air travel availability and hotel availability at the Walt Disney World Resort. Certain travel and lodging restrictions apply including airline carrier’s regulations and conditions. Airline tickets are non-refundable, non-transferable, and are not valid for upgrades.
The vacation package is for the winning person of the contest and up to three (3) guests of the winner’s choosing. The winner and their guests must travel together on the same itinerary and air transportation must be round-trip from/to the same Departure Airport/Arrival Airport as chosen by Disney.
The vacation package and vacation package components may not be sold, traded, transferred, refunded, commissioned, redeemed for cash or rescheduled to dates other than as set forth above.
Any damaged, expired, lost or stolen airline tickets, theme park tickets, gift cards, or travel vouchers will not be replaced. Gift cards are not redeemable or exchangeable for cash (except as required by law) and are subject to all terms and conditions of use as established by issuer.
Winner and their guests are responsible for having valid travel documents including government-issued identification and/or passports, as applicable.
Guests under legal age of majority must be accompanied by a parent/legal guardian who must be at least the legal age of majority in his/her province or territory of residence and both will be deemed guests of the winner (unless the winner is the guest’s parent or legal guardian). Once selected by winner, guests cannot be changed without the express consent of Disney, which may be withheld for any reason.
The actual value of the Prize may vary depending on point of departure and fluctuations of rates and airfares. If the actual value of the Prize is less than stated estimated retail value, the difference will not be awarded.
Theme parks, attractions and other offerings are subject to availability, closures, change or cancellation without notice or liability. Park admission, offerings and ticket options are not guaranteed.
To visit the theme parks, theme park reservations via the Disney Park Pass system (https://disneyworld.disney.go.com/experience-updates/park-reservations/) AND valid admission are required for the same theme park on the same date for each person in the group ages 3 and up. Reservations are subject to availability and are not guaranteed until a reservation is finalized. A park reservation must be made for each day of entry.
The Park Hopper Option includes same-day admission to more than one theme park on each day of your ticket. You must make a park reservation via the Disney Park Pass system for the first theme park you plan to visit. After entering that first theme park, you will be able to visit the next theme park starting at 2:00 PM until each theme park’s regularly scheduled closure. The ability to visit a theme park is subject to the theme park’s capacity limitations. At this time, a park reservation is not required after the first theme park, however, reservation requires are subject to the change.
The Park Hopper Plus Option includes a certain number of visits to a water park or other Walt Disney World fun. Water parks subject to rehabilitation, seasonal and weather closures. Tee times are required for Disney's Oak Trail Golf Course and are subject to availability. FootGolf is available every Tuesday, Wednesday, Saturday and Sunday during select afternoon hours, subject to availability. Miniature golf valid for one round. Round must start prior to 4:00 PM. Only one miniature golf visit per day. ESPN Wide World of Sports admission valid only on event days; some events require an additional admission charge; there are no events on certain days; days and hours of operation of concessions, venues and attractions vary. Visit www.espnwwos.com for more information.
An inherent risk of exposure to COVID-19 exists in any public place where people are present. By accepting and using the vacation package and visiting the Walt Disney World Resort, the winner and guests voluntarily assume all risks related in any way to exposure to COVID-19, and any other communicable or infectious disease. The winner and guests must comply with all theme park rules and regulations, including any public health restrictions. Failure to do so may result in forfeiture of such portion(s) of the prize. Disney reserves the right to remove or deny entry to the winner and/or any of the guests who do not comply with any health restrictions imposed by any government, or Disney. The winner and guests are also responsible for understanding and complying with any COVID-19 travel restrictions. Before visiting, each guest should visit https://disneyworld.disney.go.com/experience-updates/ to view important information about park reservations, limitations on benefits, features, experiences and offerings, safety measures and other information.
The winner and guests will be required to execute a liability/publicity/COVID-19 release and waiver form prior to booking of any travel. The winner and guests may be required to execute and return, where legal, publicity releases, which must be returned with the verification documents requested of winner.
The winner will not receive compensation for any component(s) of the vacation package that winner or their guests are unable to use for any reason, and such unused portion(s) of the vacation package will be forfeited. If the winner chooses to bring less than the allotted number of guests, the vacation package will be awarded in increments suitable for the actual number of guest(s) with no substitute prize or compensation provided to the winner. A winner may not charge any guest for participating in the Prize.
The Prize is awarded "as is" with no warranty or guarantee, expressed or implied, being provided by Promoter or Disney. Disney, its parent, related, affiliated, and subsidiary companies and their respective officers, directors, agents, employees and assigns shall be released and discharged from any and all legal claims, losses, injuries, demands, damages, actions, and/or causes of actions that arise out of and/or in any way related to the prize, the receipt, use and/or enjoyment of the Prize and/or the Promotion. Any and all disputes, claims and causes of action arising out of or connected solely with the Prize shall be governed and construed in accordance with the laws of the state of Florida, and in the event of any dispute, winner and their guest(s) irrevocably consent to the jurisdiction of the state and federal courts located in Orange County, Florida to resolve such disputes.
The winner and guest(s) shall enjoy all the rights and privileges ordinarily provided by Disney to their customers in Disney’s standard commercial dealings.
6. DRAW
On May 1, 2023 at 1:00 p.m. (ET) in Toronto in the province of Ontario, at the offices of VP, one (1) entry for the Prize will be randomly drawn from all entries received during the Contest Period.
7. ODDS OF WINNING
The odds of winning depend on the total number of entries received during the Contest Period.
8. AWARDING OF THE PRIZE
8.1. To be declared a winner, a selected entrant must, in addition to meeting the Contest eligibility criteria and otherwise complying with these Contest Rules, first:
(a) Be reached by email and/or telephone 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 by telephone by the Administrator or its representatives at a pre-arranged, mutually convenient time; 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 (1) of the conditions mentioned in these Contest 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 the Prize: Following confirmation of the winner’s eligibility and the receipt of the selected entrant’s signed declaration and release documentation, the Administrator or its representatives will send to the winner a letter informing them of the method by which they may take possession of the Prize.
9. GENERAL TERMS AND CONDITIONS
9.1. Verification of Entries: The validity of any entry is subject to verification by the Administrator. Any entries that are illegible, incomplete, fraudulent, or otherwise non-compliant with these Contest 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 the Prize: The Prize must be accepted as described in these Contest Rules and cannot be sold, commissioned, 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. The Contest Group makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished in connection with the Contest. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND THE CONTEST GROUP HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
9.3. Substitution or Cancellation of Prizes: The Contest Group reserves the right, in its sole and absolute discretion, and for any reason whatsoever, to substitute the Prize, or part thereof, another prize of equivalent or greater value. The Contest Group further reserves the right, in its sole and absolute discretion, to modify or cancel the Prize, in whole or in part, to ensure security of the winner and guests and/or abide by any applicable, relevant government issued notices, guidelines and policies, namely, relating to COVID-19.
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 the 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 Section 8.1 above) in this regard before receiving the 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 and/or the My Benefits App, 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 application, 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(s) (or, in the case of a minor, his/her/their parent or legal guardian) will be required to sign documentation stating that he/she/they release 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 his/her/their participation in, and use of, the Prize, and authorizes the Administrator and its advertising and promotional agencies and their respective employees or other representatives to broadcast, publish and otherwise use his/her/their name, photograph, image, statements regarding the Contest or the 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 these Contest Rules, which will be posted on the Contest Website throughout the Contest Period. The entrant agrees to be bound by any decision of VP in connection with the Contest, which will be final and binding in all respects. VP reserves the right, in its sole discretion, to disqualify any entrant found to be: (a) violating these 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, the My Benefits App or any VP 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 VP WEBSITE (VIRGINPLUS.CA), THE MY BENEFITS APP OR ANY RELATED WEBSITE OR APPLICATION OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF THESE CONTEST RULES AND CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, VP RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING BUT NOT LIMITED TO CRIMINAL PROSECUTION. Winner and guests must at all times behave appropriately when taking part in the Contest, the Prize and any media obligations and observe these Contest Rules and any other rules or regulations in force online, and/or in any other medium, and/or on the airline, 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 guests, 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 guests are rowdy or intoxicated, as determined at the discretion of the Contest Group.
9.8. Name/Image of Winner: By entering the Contest, the winner authorizes the Administrator and its advertising and promotional agencies and their respective employees or other representatives to broadcast, publish and otherwise use their 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: Except with respect to intellectual property owned by or licensed to Disney and/or its affiliates, all intellectual property, including but not limited to, trademarks, trade names, logos, designs, promotional materials, web pages, source code, drawings, illustrations, slogans and representations (“IP”) are owned by VP and/or its affiliates. Any Disney IP used in connection with this Contest is owned by or licensed to Disney and/or its affiliates. All rights are reserved by the respective IP owner. Unauthorized copying or use of any copyrighted material or IP without the express written consent of its owner is strictly prohibited. VIRGIN, VIRGIN PLUS and the Virgin Signature logo are trademarks of Virgin Enterprises Limited and used under license. All other trademarks are property of their respective owners.
9.10. Governing Law: The Contest is subject to all applicable federal, provincial and municipal laws and regulations. These Contest 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 VP. All issues and questions concerning the construction, validity, interpretation and enforceability of these Contest Rules or the rights and obligations as between the entrant and VP 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.
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 the Prize may be submitted to the board only 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 VP'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 VP 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. Apple: Each entrant in this Contest releases Apple from any and all liability in respect of this Contest. This Contest is in no way sponsored, endorsed or administered by, or associated with Apple. Any information entrant provides in connection with the Contest is being provided to Administrator and not to Apple.