PROMOTION TERMS AND OFFICIAL RULES

The following general rules apply to all contests (each, a “Contest”) operated by the applicable Evanov Communications company (the “Organizer”) at the applicable Evanov Communications radio station (the “Station”) on which the Contest appears, unless there are specific contest rules for a particular Contest, in which case those specific contest rules will apply. Neither Facebook nor Twitter are sponsors of or are responsible for conducting this Contest.

By participating in the Contest, entrants fully and unconditionally agree to and accept the applicable Contest rules and the decisions of the Organizer, which are final and binding in all matters relating to the Contest. Whether an entrant is awarded a Prize (defined below) is contingent upon fulfilling all requirements set forth in these Rules.

Eligibility:

Unless otherwise stated, Contests are open to all legal residents in the province in which the Station is located who are over the age of majority in their province of residence as of entry date. It is the entrant’s responsibility to ensure that they are legally eligible to enter a Contest under any laws applicable to you in your jurisdiction of residence or otherwise. The Contest is void in any jurisdiction that prohibits such activities and where prohibited by applicable federal, provincial or local laws, rules or regulations.

Any individual, including but not limited to employees, consultants, independent contractors, and interns, who has within the past six (6) months performed services for the Organizer, any organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Contest or supplying the Prize, and their respective parent, subsidiary, affiliated and successor companies. Immediate family and household members of any such individuals are also not eligible to enter a Contest. “Immediate family members” shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses. “Household members” shall mean individuals who share the same residence for an aggregate of at least three (3) months in any twelve (12) month period.

Previous contest winners are subject to a waiver period of thirty (30) days for on-air and online contests and one (1) year for major grand prize occasions, as determined by the Organizer at their sole discretion.

Prizing & Contest Period:

The details of the prize(s) available to be won (a “Prize”), the duration and timing of a Contest (a “Contest Period”), and any other relevant information of a Contest will be identified at or before the start of the Contest through applicable promotional materials, including but not limited to by the Station’s on-air announcers and/or on the Station’s website.  The Organizer’s computer is the official time-keeping device for the Contest.

How to Enter:

NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE AN ENTRANT’S CHANCES OF WINNING.

To enter a Contest, follow the instructions given on-air, on the Station’s website, and/or via the Station’s official social media page, as applicable.

For call-in/text-in contesting: without limiting the foregoing, if a Contest occurs via calling in or texting in to the applicable Station, the correct caller or text message through to the Station (as specified by the on-air announcer) may be deemed a potential winner, or may be required to successfully answer a trivia question or perform another task as described by the on-air announcer before being deemed a potential winner. If the caller or texter fails to answer the question correctly or to perform the task, the next caller or texter will be given the opportunity to answer or to complete the task. If no caller or texter has correctly answered the question or completed the task, the next caller or texter will at the discretion of the Station be automatically declared a potential winner. Contest entrants shall be responsible for all long-distance charges, text message fees, or other fees associated with entering the Contest.

Those listening to the Station via the on-demand player online or via a mobile app may experience a delay of five (5) minutes or more than that of the terrestrial radio feed. If there is not a clear telephone connection between the Station’s on-air announcer and a caller, such that one or each other cannot hear the other, such caller will be disqualified, and the Organizer will not be liable in any way for such failed connection. In conducting a Contest, the Organizer and its representatives have the full and absolute discretion to disqualify any caller whose response cannot be heard by the Organizer’s representative, and the Organizer shall have no liability or responsibility to any caller so disqualified.

For website contesting: without limiting the foregoing, if a Contest occurs via the Station’s website, visit the Station’s website during the applicable Contest Period and follow the instructions to complete and submit an online entry form. Entrants must have a valid e-mail address in order to participate in the Contest. Entrants must provide an entry that fulfills the Contest requirements, as specified on the Station website, to be eligible to win a Prize. Entries that do not include all the required information and adhere to the Contest rules will be considered void. The Organizer has sole discretion to determine if an entry meets the Contest requirements and otherwise complies with the Contest rules. Neither the Organizer nor anyone affiliated with the Organizer shall be responsible for lost, misdirected or incomplete entries.

For social media contesting: without limiting the foregoing, if a Contest occurs via the Station’s social media page, visit the Station’s social media page during the applicable Contest Period and follow the instructions to be entered into the Contest. Entrants are required to have a valid social media account in order to participate in the Contest. Entrants must be logged in to their social media profile and may be required to engage in certain actions (e.g., submitting content, clicking “like” on a post) as specified by the Organizer to be entered into the Contest. Entries that do not include all the required information and adhere to the Contest rules will be considered void. The Organizer has sole discretion to determine if an entry meets the Contest requirements and otherwise complies with the Contest rules. Neither the Organizer nor anyone affiliated with the Organizer shall be responsible for lost, misdirected or incomplete entries.

Terms of Submission:

Unless otherwise stated, there is a limit of one (1) entry per person per Contest. By participating in the Contest, entrants permit public voting (when applicable) in connection with their entry.

Content Copyright and Licensing:

All media and content relating to a Contest is the property of the Organizer, unless otherwise indicated.

Where a Contest mechanism requires that an entrant submit material, such as an original photograph, video, or written composition, (each, a “Submission”) to the Organizer, such Submission remains the property of the Contest entrant. However, by entering a Contest, each entrant grants the Organizer a royalty-free, nonexclusive, worldwide, unrestricted licence to use, copy, transmit, publicly display, and distribute such Submission, for the purpose of administering the applicable Contest and publicity purposes carried out by the Organizer, without payment or compensation of any kind. Such licence shall apply with respect to any form, media, or technology now known or later developed. Contest entrants further agree to waive all moral rights in the Submission in favour of the Organizer, and to release, indemnity, discharge and hold harmless the Organizer from any claim or liability arising from or related to the Submission.

By entering the Contest, the entrant represents and warrants that their Submission is their original work and does not infringe on any third party rights, including, without limitation, copyright, trade-mark or any other intellectual property rights. The entrant further represents and warrants that they have all necessary rights from any third party that appears, or is mentioned, in the Submission, including those from the parent or legal guardian if third party is under the age of majority.

Unacceptable Content:

Submissions must not contain or depict any of the following:

1. Proprietary Material: Submissions containing third party proprietary content are prohibited. This includes, but is not limited to, content containing: copyrighted material; trademarks; rights of publicity; trade secrets or other intellectual property rights used without proper authorization.
2. Illegal, Defamatory or Obscene Content: Submissions containing illegal, defamatory or obscene content are prohibited. This includes, but is not limited to, content containing: pornography or sex-related images of any kind, hate speech, parody, derogatory statements or images, instructions for engaging in illegal activity.
3. Exploitation of Minors: Submissions containing material that is exploitative of minors are prohibited.
4. Physical Harm: Submissions that depict or promote physical harm or injury against any group or individual, including against oneself, are prohibited. This includes, but is not limited, to submissions that involve anything that is potentially or actually dangerous or harmer, or contain any element of physical risk.

The Organizer shall have the sole discretion to determine whether a Submission contains any of the above-noted prohibited categories of content.

Prize Draws:

For Contests where the winner is selected from entries received, a random draw for the applicable Prize will take place by a Station representative from all eligible entries received during the applicable Contest Period. The potential Prize winner will be contacted using the information provided at the time of entry, and may be announced on-air. Upon being declared a potential winner, the potential winner must be available during all dayparts on the day of the draw to answer unaided a time-limited mathematical skill-testing question. If not available or unable to answer the question correctly, a new potential winner will be drawn. Upon correctly answering that question, the potential winner will be declared the winner.

Awarding of Prizes:

The Organizer will provide the applicable Prize to be awarded for the applicable Contest, unless otherwise stated in the Contest promotional material. The Prize must be accepted as awarded. The Prize may not be sold or transferred and is not substitutable by the Prize winner or convertible to cash. The Organizer reserves the right to substitute a Prize in whole or in part in the event that all or any component of the Prize is unavailable. The Prize will not be replaced if lost or stolen.

The Prize winner is solely responsible for any and all costs not expressly described herein, including, but not limited to, items of a personal nature, souvenirs, taxes, insurance, gratuities, and all personal expenses of any kind or nature. The Organizer is not responsible for any delay, postponement, suspension, rescheduling or cancellation, for any reason, of the Prize, and the Prize winner will not be compensated in the event of such delay, cancellation, or other event described herein.

Proof of identification must be provided upon request.

The Prize winner must respond to the Station within seven (7) days notifying them that they have won the Prize (if applicable). The Prize winner must claim the Prize either within sixty (60) days of being selected or at least forty-eight (48) hours before the Prize is to be redeemed or used, whichever occurs first. The Potential Winner is responsible for claiming the Prize from the Station, and is solely responsible for their transportation to and from the Prize pickup location. If a Potential Winner does not claim the Prize within this time period, the Prize will be considered forfeit and the Station may, at its sole discretion, select an alternate winner. No credit or reimbursement will be provided if the Prize is not claimed.

All decisions of the Organizer in selecting the Winner(s) are final and binding on all Entrants in all matters relating to the Contest.

Before being awarded the Prize, the winner will be required to sign and return within the time stipulated by the Organizer a full release and indemnity form stating, among other things, that: they have read, understood and complied with the applicable Contest rules; they accept the Prize as awarded; they are responsible for any additional fees or charges associated with the Prize; they grant permission for the Organizer to use their name, photograph, and/or likeness for publicity purposes; and they release the Organizer from any and all liability of any kind arising out of the winner’s participation in this Contest and receipt and use of the Prize. In the event that a winner does not comply with all the provisions as contemplated in these Rules, the Organizer shall have the right to disqualify the winner, and the Organizer shall be fully and completely released and discharged from any liability or responsibility in this regard.

In the event that there are more potential winners of Prizes than contemplated by the Contest, whether as a result of an error relating to the entry process, drawing or any other aspect of the Contest, there will be a random draw amongst all eligible potential winners after the end of the Contest Period to award the correct number of prizes.

Odds of Winning:

The odds of winning will depend on the number of eligible entries received.

Privacy:

Entrants authorize the Organizer to use their name, voice, likeness, biographical data, city and province of residence, and entry materials in programming or promotional material, in any media now known or hereafter created, worldwide in perpetuity, or on a winner’s list, if applicable, without further compensation. The Organizer is not obligated to use any of the above-mentioned information or materials but may do so and may edit such information or materials at the Organizer’s sole discretion, without further obligation or compensation.

By entering a Contest, each entrant consents to the collection, use and distribution of their personal information (information that identifies an entrant as an individual, such as home telephone number, age and home address) by the Organizer for the purposes of implementing, administering and fulfilling the applicable Contest. The Organizer will not sell or transmit this information to third parties except for the purposes of administering the Contest. Any inquiry concerning the personal information held by the Organizer should be addressed to the Organizer at 5312 Dundas Street West, Toronto, ON, M9B 1B3.

General Conditions:

By entering the applicable Contest, entrants are deemed to have read and accepted these rules and regulations.

The Organizer has the right to verify entrants’ eligibility and compliance with these rules, and to disqualify any entrant on the basis of its investigation.

Entrants should direct any request to access, update, or correct your personal information to the Organizer.

Any pronouns used in these rules and regulations shall be modified for gender and number as the case may require, and shall apply as though the correct gender and number had been included herein.

Entrants may not enter any Contest using multiple e-mail and/or street addresses. Entrants may not use any other device or artifice to submit more than one Entry or vote. If an entrant uses fraudulent entry methods, or otherwise attempts to participate with multiple identifications, e-mail and/or street addresses, or use any device or artifice to enter more than one Entry, the entrant will be disqualified.

In the event of a dispute as to any Contest entry, the authorized account holder of the e-mail address used to enter the Contest will be deemed to be the person who submitted the entry. For the purposes of these rules, the authorized “account holder” is the natural person assigned a social media account or e-mail address by an internet access provider, online service provider or other organization responsible for assigning e-mail addresses for the domain associated with the submitted address.

Nothing contained in these rules shall be construed to: (i) give any party the power to direct and control the day-to-day activities of the other; (ii) constitute the parties as partners, joint venturers, principal and agent, employer and employee, co-owners or entrants in a joint undertaking; or (iii) allow any entrants or other third parties to create or assume any obligation on behalf of the Organizer.

The Organizer reserves the right to withdraw, cancel, terminate, modify, amend, extend or suspend a Contest at any time without prior notice. Without limiting the generality of the foregoing, if, in the opinion of the Organizer, in its sole discretion, a Contest is not capable of running as originally planned for any reason, or if the administration, security, fairness, integrity or the proper conduct of a Contest is corrupted or adversely affected, including by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes beyond its control, the Organizer reserves the right to withdraw, cancel, terminate, modify, amend, extend or suspend the Contest without prior notice, including by selecting a Prize winner from previously received eligible entries. The Organizer reserves the right to modify the Contest rules without materially affecting the terms and conditions hereof.

The Organizer reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of a Contest or to be acting in violation of the Contest rules or otherwise in a disruptive manner, including any automated, macro, script, robotic or other system(s) or program(s) to enter. Any attempts to deliberately damage a Contest website or to undermine the legitimate operation of the Contest is a violation of criminal and civil laws and, should such an attempt be made, the Organizer reserves the right to seek remedies and damages to the fullest extent of the law. The Organizer shall not be held responsible for any errors or negligence that may arise or occur in connection with a Contest, including any damage to an entrant’s computer equipment, system, software or any combination thereof, as a result of their participation in a Contest or from downloading any material from the Contest website.

Liability Provisions / Releases:

BY PARTICIPATING IN THE CONTEST, ENTRANTS WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT. The entrants and participants of the applicable Contest, including without limitation the Prize winner, acknowledge that participation in this Contest and the collection or use of the Prize may be inherently dangerous and agree to release, indemnify and hold harmless the Organizer and its parent, affiliated or related companies, and subsidiaries, and their respective officers, directors, employees, representatives, agents, and advertising and promotional agencies, from any and all claims, damages, injuries or losses of any kind resulting in whole or in part, directly or indirectly, from participation in the Contest or any Contest-related activity, or the acceptance, possession, use or misuse of the Prize.

All entries become property of Organizer. The Organizer assumes no responsibility for garbled, lost, late, delayed, destroyed or misdirected entries, mail, voice messages, e-mail or any computer errors or malfunctions. No correspondence will be entered into except with entrants requesting a copy of these rules by mail, for which a self-addressed, postage paid envelope must be included. The Organizer does not assume any responsibility for incorrect or inaccurate capture of entry information, technical malfunctions, human or technical error, seeding or printing errors, lost, delayed or garbled data or transmissions, omission, interruption, deletion, defect or failures of any telephone or computer line or network, computer equipment, software or any combination thereof. Entry materials or data that have been tampered with or altered are void.

The Organizer is not responsible for any typographical or other error in the printing of the offer, the administration of a Contest, or any announcements related to a Contest or a Prize.

In no event shall the Organizer be obligated to award more prizes than is set out in the applicable Contest’s materials or rules, or to award prizes otherwise than in compliance with these materials or rules.

Applicable Law:

A Contest is subject to all applicable federal, provincial and municipal laws and regulations. The Contest rules will be interpreted according to the laws of the province in which the applicable Station is situated and of Canada.

For residents of Quebec, any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, de courses et des jeux for a ruling. Any litigation respecting the awarding of a prize may be submitted to the board only for the purpose of helping the parties reach a settlement.