TOURISM TORONTO NEWSLETTER SWEEPSTAKES (“Sweepstakes”)

 

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN.  A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.  PRIZE ACCEPTANCE AGREEMENT IS REQUIRED.  THIS SWEEPSTAKES IS OPEN ONLY TO NATURAL PERSONS WHO ARE LEGAL RESIDENTS OF AND PHYSICALLY LOCATED IN ONE (1) OF THE FIFTY (50) UNITED STATES OR THE DISTRICT OF COLUMBIA OR CANADA AND WHO ARE AT LEAST EIGHTEEN (18) YEARS OF AGE AT THE TIME OF ENTRY. VOID WHERE PROHIBITED BY LAW.  ENTRY IN THIS SWEEPSTAKES CONSTITUTES ACCEPTANCE OF THESE OFFICIAL RULES.  ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ELIGIBLE ENTRIES RECEIVED during the applicable entry period.  BY PARTICIPATING IN THE SWEEPSTAKES, EACH ENTRANT REPRESENTS AND WARRANTS THAT HE OR SHE MEETS THESE ELIGIBILITY REQUIREMENTS AND HAS READ, ACCEPTS AND HAS COMPLIED WITH THESE OFFICIAL RULES.  IF AN ENTRANT IS AN ELIGIBLE MINOR IN HIS/HER STATE OR PROVINCE/TERRITORY OF RESIDENCE, THEN HIS/HER PARENT OR LEGAL GUARDIAN AGREES TO THESE OFFICIAL RULES ALONG WITH AND ON BEHALF OF HIS/HER MINOR CHILD.

1.             SWEEPSTAKES PERIOD: 

Sweepstakes begins on October 1st, 2012 at 12:00:01 a.m. Eastern Time (“ET”) and ends on December 31, 2012 at 11:59:59 p.m. ET (the “Sweepstakes Period”). 

2.             ELIGIBILITY:

THIS SWEEPSTAKES IS OPEN ONLY TO NATURAL PERSONS WHO ARE LEGAL RESIDENTS AND PHYSICALLY LOCATED IN ONE (1) OF THE FIFTY (50) UNITED STATES OR THE DISTRICT OF COLUMBIA OR CANADA AND WHO ARE AT LEAST EIGHTEEN (18) YEARS OF AGE AT THE TIME OF ENTRY.  Sweepstakes may only be entered from and in eligible jurisdictions.  Employees and agents of Toronto Convention and Visitors Association (Tourism Toronto) (the “Sponsor”), its parent or subsidiaries and each of their respective affiliates, subsidiaries, successors, assigns and any entity involved in the development, production, implementation, administration, judging or fulfillment of the Sweepstakes (collectively, the “Sweepstakes Parties”), and the immediate family members and/or those persons living in the same household of such individuals, are not eligible to participate or win a prize in this Sweepstakes. For the purpose of this Sweepstakes, immediate family is defined as spouse, partner, mother, father, legal guardian, in-laws, grandmother, grandfather, brother, sister, children and grandchildren.
3.             HOW TO ENTER:

New E-Newsletter Subscribers

No purchase necessary.  If you have not subscribed to the Toronto Tourism E-Newsletter prior to the Sweepstakes Period, to enter, go to www.seetorontonow.com (the “Website”), click on the “Sign up for our E-Newsletter” button and a newsletter sign-up form will appear (the “Form”).  Fully complete the Form, which requires you to enter your full name, valid email address, province/state/territory and country of residence.  Once you have fully completed the Form, click the “submit” button to complete your entry (each a “Subscription Entry”).  You can opt-out of receiving the newsletter at any time. After you complete and submit your Subscription Entry, you will be presented with the option of referring the Tourism Toronto Newsletter to your friends.  If you refer the Tourism Toronto E-Newsletter to a friend or a family member by following the on-screen instructions (each a “Referral”), you will receive one (1) referral entry per unique Referral (each a “Referral Entry”) (collectively Subscription Entries and Referral Entries shall be referred to as “Entries” and each an “Entry”). 
Prior E-Newsletter Subscribers
No purchase necessary.  If you have subscribed to the Toronto Tourism E-Newsletter prior to the Sweepstakes Period, to enter, go to http://www.seetorontonow.com/newsletter/subscribe-thank-you.aspx, and you will be provided with the option of referring the Tourism Toronto E-Newsletter to a friend or a family member by following the on-screen instructions.  With each unique Referral that you provide, you will receive one (1) Referral Entry.
Entry Conditions
You may only refer to a friend or family member from whom you have received permission to provide his/her name and email address to Sponsor. You may only refer to friends with whom you have had a two way communication within the past two years, and who you have met in person. You may only refer to family members with whom you are related by blood relationship, marriage, a common-law partnership, or adoption.
You cannot invite the same friend or family member more than once. Each friend or family member will be sent an email containing a link to the Website. This email will indicate that it has been sent on your behalf and will identify you.
The referred email addresses will only be used by Sponsor for the purpose of contacting your friend(s) or family, on your behalf, to provide information about the Sweepstakes so they can sign up if they choose to do so and they will not be added to any direct marketing list or used in any direct marketing programs without their consent.
You or your friends and family may withdraw consent for us to use your/their personal information. If you have any questions, or would like to update your email preferences, please contact our Privacy Officer by sending an email to Toronto@torcvb.com, calling 1-800-499-2514, or writing to Toronto Tourism, 405-207 Queens Quay West, Toronto, ON, M5J 1A7.
To be eligible, your Entry or Entries, as applicable, must be received within the Sweepstakes Period.  All eligible Entries received during the Sweepstakes Period will be entered into a random prize draw (see Rule 5 for details).  Entrants must be the registered subscriber of the e-mail account from which the Entry is made.  No third party entry or entry through a sweepstakes service is permitted. 

For entrants that had not subscribed to the Toronto Tourism E-Newsletter prior to the Sweepstakes Period, there is a limit of one (1) Subscription Entry and five (5) Referral Entries per person/email address permitted during the Sweepstakes Period.   For entrants that had subscribed to the Toronto Tourism E-Newsletter prior to the Sweepstakes Period, there is a limit of five (5) Referral Entries per person/email address permitted during the Sweepstakes Period.  

For greater certainty, you can only use one (1) email address to enter the Sweepstakes.  If it is discovered that you have attempted to: (i) obtain more than one (1) Subscription Entry, if applicable, and/or more than five (5) Referral Entries per person/email address during the Sweepstakes Period; or (ii) use more than one (1) email address to enter the Sweepstakes; then (in the sole discretion of the Sponsor) you may be disqualified from the Sweepstakes and all of your Entries may be voided.  An Entry will automatically be rejected if it is not fully completed and submitted during the Sweepstakes Period. Use (or attempted use) of multiple names, identities, email addresses and/or any automated, macro, script, robotic or other system(s) or program(s) to enter or otherwise participate in or disrupt this Sweepstakes is prohibited and is grounds for disqualification by the Sponsor. The Releasees (defined below) are not responsible for late, lost, misdirected, delayed, incomplete or incompatible Entries (all of which are void).  All Entries are subject to verification at any time.  The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification) to participate in this Sweepstakes.  Failure to provide such proof to the satisfaction of the Sponsor in a timely manner may result in disqualification. 

4.             THE PRIZE AND APPROXIMATE RETAIL VALUE:

There will be three (3) prizes (each a “Prize”) available to be won, each consisting of two (2) Toronto CityPASS booklets. Each Prize has an approximate retail prize value (“ARV”) of $136 CAD/$136 USD.  Each Toronto CityPASS booklet expires nine (9) days from the day it is first used.  For more information regarding Toronto CityPass booklets, visit www.citypass.com/toronto. Each Prize must be accepted as awarded and is not transferable, assignable or convertible to cash (except as may be specifically permitted by Sponsor in its sole and absolute discretion).  Limit of one (1) Prize per person.  No substitutions except at Sponsor’s option.  Sponsor reserves the right, in its sole discretion, to substitute each Prize or a component thereof with a prize of equal or greater value, including, without limitation, but at Sponsor’s sole discretion, a cash award. Each Prize will only be awarded to the person whose full name and valid email address appears on the Form. Each Prize winner must agree to accept his/her Prize “as is”, and entrants hereby acknowledge that Sponsor has neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to a Prize, including, without limitation, to a Prize’s quality, merchantability or fitness for a particular purpose or express warranties (if any) provided exclusively by a prize supplier that are sent along with a Prize.  If a Prize winner does not accept or use his/her entire Prize, the unaccepted or unused part of the Prize will be forfeited and Sponsor will have no further obligation with respect to that Prize or portion of that Prize.  In the case of a U.S. prize winner, such Prize winner will be solely responsible for all federal, state, and/or local taxes, and for any other fees or costs associated with the Prize he/she receives, regardless of whether prize is used in whole or in part. Sponsor is not responsible for and winner will not receive the difference between the actual value of a Prize at the time of award and the stated ARV in these Rules or any Sweepstakes-related materials.

5.             RANDOM PRIZE DRAW AND WINNER SELECTION:

On each of the following dates: November 1st, 2012; December 1st, 2012 and January 4th, 2013, (each a “Draw Date”), in Toronto, Ontario at approximately 10 a.m. ET, one (1) eligible entrant will be selected by random draw (each a “Draw”) from among all eligible Entries received during the applicable Entry Period, as provided in the following table:

Entry Period

Draw Date

12:00:01 a.m. ET on October 1st, 2012 to 11: 59:59 p.m. ET on October 31st, 2012

November 1st, 2012

12:00:01 a.m. ET on November 1st, 2012 to 11: 59:59 p.m. ET on November 30th, 2012

December 1st, 2012

12:00:01 a.m. ET on December 1st, 2012 to 11: 59:59 p.m. ET on December 31st, 2012

January 4th, 2013

The odds of winning a Prize in the course of each Draw will depend on the number of eligible Entries received during the applicable Entry Period.  The Sponsor or its designated representative will make a minimum of three (3) attempts to contact the selected entrant by telephone or email (using the information provided at the time of entry) within ten (10) business days of the applicable Draw Date.  If the selected entrant cannot be contacted within ten (10) business days of the applicable Draw Date, or there is a return of any notification as undeliverable; then such selected entrant will be disqualified (and will forfeit all rights to his/her Prize) and the Sponsor reserves the right, in its sole discretion, to randomly select an alternate eligible entrant from among the remaining eligible Entries received during the applicable Entry Period (in which case the foregoing provisions of this section shall apply to such new selected entrant). 

Before being declared a CONFIRMED winner, each selected entrant will be required to sign (and have his/her parent or legal guardian sign if he/she is under the age of majority in his/her state or province/territory of residence) and return within ten (10) business days of notification the Sponsor’s affidavit of eligibility/liability release (declaration and release in Canada) form, which (among other things): (i) confirms compliance with these Official Sweepstakes Rules (the “Rules”); (ii) acknowledges acceptance of the Prize as awarded; (iii) releases the Sweepstakes Parties and each of their respective officers, directors, agents, representatives, successors and assigns (collectively, the “Releasees”) from any and all liability in connection with this Sweepstakes, the selected entrant’s participation therein and/or the awarding and use/misuse of the Prize or any portion thereof; and (iv) agrees (except where prohibited by law or regulation) to the publication, reproduction and/or other use of the selected entrant’s name, address, voice, statements about the Sweepstakes and/or photograph or other likeness without further notice or compensation, in any publicity or advertisement carried out by the Sponsor in any manner whatsoever, including print, broadcast or the internet.  In addition, in the case of a Canadian selected entrant, he/she will be required to correctly answer a mathematical skill-testing question without mechanical or other aid to be administered via telephone or email at a pre-arranged mutually convenient time.  If a selected entrant fails to return the properly executed Sweepstakes documents within the specified time, or if the potential winner does not otherwise comply with these Rules (including the requirement to correctly answer a mathematical skill-testing question if a Canadian) and/or cannot accept the Prize as awarded for any reason, then such selected entrant will be disqualified (and will forfeit all rights to the Prize) and the Sponsor reserves the right, in its sole discretion, to randomly select an alternate eligible entrant from among the remaining eligible Entries received during the applicable Entry Period (in which case the foregoing provisions of this section shall apply to such new selected entrant). 

6.             GENERAL CONDITIONS:

Except where prohibited by law or regulation, by submitting an Entry, each entrant grants the Sponsor a perpetual, worldwide, royalty-free license to use his/her name, character, photograph, voice, biographical data and likeness in connection with the promotion of this Sweepstakes and Sponsor, in all forms of media and by all manners (now and hereafter known), in perpetuity, without entrant's consent, review or approval, and each entrant waives any and all claims and/or rights to receive any royalties or other compensation for the Sponsor’s use thereof, unless prohibited by law. 

All Entries become the property of the Sponsor.  The Releasees assume no responsibility for lost, delayed, incomplete, incompatible or misdirected Entries.  This Sweepstakes is subject to all applicable federal, provincial and municipal laws.  The decisions of the Sponsor with respect to all aspects of this Sweepstakes are final and binding on all entrants without right of appeal, including, without limitation, any decisions regarding the eligibility/disqualification of Entries and/or entrants.

The Releasees will not be liable for: (i) any failure of the Website and/or http://www.seetorontonow.com/newsletter/subscribe.aspx during the Sweepstakes; (ii) any technical malfunction or other problems relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; (iii) the failure of any Entry to be received for any reason, including, but not limited to, technical problems or traffic congestion on the Internet or at any website; (iv) any injury or damage to an entrant’s or any other person’s computer or other device related to or resulting from participating in the Sweepstakes; and/or (v) any combination of the above.

Any automated computer receipt (such as a "thank you" message or one confirming delivery of an Entry) does not constitute proof of actual receipt by Sponsor of an Entry for purposes of these Rules.  The sole determinant of the time for the purposes of a valid Entry in this Sweepstakes will be the Sweepstakes server machine(s).  In the event of a dispute regarding who submitted an Entry, Entries will be deemed to have been submitted by the authorized account holder of the email address associated with the applicable Entry, as determined by the Sponsor at its sole discretion.  “Authorized account holder” is defined as the person who is assigned an email address by an internet provider, online service provider, or other organization (e.g. business, educational institute, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. An entrant may be required to provide proof (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification) that he/she is the authorized account holder of the email address associated with the Entry in question.

The Sponsor reserves the right, subject only to the approval of the Régie des alcools, des courses et des jeux (the “Régie”) in Quebec, to withdraw or amend this Sweepstakes (or to amend these Rules) in any way, in the event of an error, technical problem, computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure or any other cause beyond the reasonable control of the Sponsor that interferes with the proper conduct of this Sweepstakes as contemplated by these Rules.  Any attempt to deliberately damage any website or to undermine the legitimate operation of this Sweepstakes is a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law.  The Sponsor, with the consent of the Régie, reserves the right to cancel or suspend this Sweepstakes, or to amend these Rules without prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind, or for any other reason.

For Quebec residents:  Any litigation respecting the conduct or organization of a publicity sweepstakes 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 Régie only for the purpose of helping the parties reach a settlement.
For California Residents: EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER.  SECTION 1542 READS AS FOLLOWS:
“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
By entering this Sweepstakes, each entrant expressly consents to the Sponsor, its agents and/or representatives, storing, sharing and using the personal information submitted with his/her Entry only for the purpose of administering the Sweepstakes and in accordance with Sponsor’s privacy policy (available at:  http://www.seetorontonow.com/Visitor/General/PrivacyPolicy.aspx), unless the entrant otherwise agrees. If you are chosen as a Prize winner, your information may be included in a publicly available winners list.

7.             GOVERNING LAW AND DISPUTES:

All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules or the rights and obligations of entrants’, Sponsor or the Releasees in connection with the Sweepstakes will be governed by and construed in accordance with the internal laws of the Province of Ontario, 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.  The parties hereby consent to exclusive jurisdiction and venue of the courts located in Toronto, Ontario in any action to enforce (or otherwise relating to) these Rules or relating to this Sweepstakes.  

BY ENTERING THE SWEEPSTAKES, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TWO HUNDRED FIFTY U.S. DOLLARS ($250.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU. 
In the event of any discrepancy or inconsistency between the terms and conditions of these English Rules and disclosures or other statements contained in any Sweepstakes-related materials, including, but not limited to: the Website, http://www.seetorontonow.com/newsletter/subscribe.aspx, the French version of these Rules, and/or point of sale, television, print or online advertising; the terms and conditions of these English Rules shall prevail, govern and control.

The Sponsor reserves the right, in its sole and absolute discretion, subject to the approval of the Régie, and without prior notice, to adjust any of the dates and/or timeframes stipulated in these Rules, to the extent necessary, for purposes of verifying compliance by any entrant or Entry with these Rules, or as a result of any technical or other problems, or in light of any other circumstances which, in the opinion of the Sponsor, in its sole and absolute discretion, affect the proper administration of the Sweepstakes as contemplated in these Rules, or for any other reason.

OFFICIAL RULES: For a copy of these Official Rules prior to the end of the Sweepstakes Period, mail a self-addressed envelope with sufficient pre-paid return postage by first class mail to Tourism Toronto, 405-207 Queens Quay West, Toronto, ON, M5J 1A7.  VT residents and Canadian residents may omit return postage for Official Rules requests.

WINNER’S LIST: A Prize winner’s list is available only within the ninety (90) days following the Sweepstakes Period. In order to obtain a Prize winner’s list, send a self-addressed envelope with sufficient pre-paid return postage by first class mail to Tourism Toronto, 405-207 Queens Quay West, Toronto, ON, M5J 1A7.  Residents of Canada may omit return postage.

SPONSOR: Tourism Toronto, 405-207 Queens Quay West, Toronto, ON, M5J 1A7.