1.  Introduction

1.1. 0971197 B.C. Ltd., doing business as “Roundhouse Radio” (“RHR”) is a low-power FM radio station broadcasting at 98.3 FM, serving the City of Vancouver.

1.2.  RHR’s Contest Rules (the “Contest Rules”) set out the rules and regulations that shall apply to all contests facilitated by RHR (the “Contests”), unless otherwise provided.

1.3.  If RHR implements rules and regulations with regards to a specific Contest that differ from the rules and regulations contained herein (the “Alternate Rules”), any discrepancies between the Contest Rules and the Alternate Rules shall be resolved in favour of the Alternate Rules if such Alternate Rules are made available to the public.

1.4.  By entering a Contest, all Participants are deemed to have read and to have accepted the Contest Rules.

 

2.  Important Terms and Interpretation

For the purpose of the Contest Rules, the words listed in sections 2.1 through 2.11 have the following meanings:

2.1.  “Contest” means any and all contests facilitated by RHR, whether carried out in person, over the phone, online or otherwise;

2.2. “Daily Contest” means a Contest that is not a Major Contest;

2.3.  “Employee” means an employee, contractor or pensioner of RHR;

2.4.  “family member” has the same meaning as in the Family Law Act of British Columbia, as amended from time to time;  

2.5. “Major Contest” means a Contest for which the Prize:

2.5.1  is a vacation; or

2.5.2. has a fair market value, as determined by RHR, of $500.00 or greater;

2.6. “ordinarily resident” means an individual who, at the relevant time, lives full-time or part-time in the relevant household;

2.7. “Participant” means an individual who is eligible to participate in a Contest in accordance with section 3, and who enters into such Contest in accordance with section 4;

2.8. “Personal Information” means information about a Participant, Potential Winner or Winner including, but not limited to, his or her name, age, address, and phone number. For greater certainty, “Personal Information” as defined herein does not have the same meaning as in RHR’s Privacy Policy;

 2.9. “Potential Winner” means a Participant who successfully participates in accordance with section 4;

2.10. “Prize” means the physical item, privilege associated with such item, or opportunity to participate in an event or subsequent stage of a Contest, as described by RHR and awarded to the Winner of a Contest; and

2.11. “Winner” means a Potential Winner who:

2.11.1.  successfully answers the time-limited mathematical skill testing question, in accordance with section 5.2; and

2.11.2. signs the standard release of waiver and liability in accordance with section 9.2.

Wherever the context so requires, the singular shall be read as if the plural were expressed, and vice-versa, as the context requires.

 

3.Eligibility

3.1.  To be eligible to be a Participant, unless provided otherwise, an individual must be a legal resident of British Columbia and be at least 19 years of age.

3.2.   If the Alternate Rules permit an individual under the age of 19 to be a Participant, such Participant must provide RHR with prior written consent and release of liability from his or her parent or legal guardian.

3.3. The following individuals are not eligible to be Participants:

3.3.1.  an Employee, officer, director or shareholder of RHR;

3.3.2.  third party contest sponsors and their employees, contractors, directors, officers, shareholders;

3.3.3. a Winner of a Daily Contest within the thirty (30) days immediately before the Winner of the Daily Contest in question is declared;

3.3.4. a Winner of a Major Contest within the thirty (30) days immediately before the Winner of the Major Contest in question is declared; or

3.3.5. a family member, as defined in section 2.4, of a person identified in 3.3.1. through 3.3.4;

3.3.6.  an individual being an ordinarily resident, as defined in section 2.6, of the same household as an individual described in sections 3.3.1 through 3.3.4 above.

 3.4.   If at any time after being named a Winner RHR discovers that an individual was not eligible to be a Participant at the time they were declared a Winner (the “Relevant Time”), RHR reserves the right to disqualify the Winner.  If, at such time, the Winner has collected his or her Prize from RHR, RHR has the right to demand that the Winner:

 3.4.1.  return such Prize to RHR in the same condition that the Prize was in at the Relevant Time; or

3.4.2. pay RHR the amount equal to the fair market value of such Prize, as determined by RHR as of the Relevant Time;

as deemed appropriate in the sole discretion of RHR.

 

4. How to Enter a Contest

4.1. A Participant may enter a contest in person, over the phone, online or otherwise, as applicable to a particular contest. Participants may be notified of contests by listening to RHR or visiting RHR’s website where specific details on specific contests may be found as well as the process for selecting Winners or Potential Winners. Streaming listeners should be aware that they may be receiving a delayed stream of a radio signal which may vary depending on the specific computer being used and the available internet connect. RHR recommends that listeners tune in to RHR on the radio to ensure they are receiving content in real time.  RHR and any applicable contest sponsors assume no responsibility for Participants not making timeline phone calls.

4.2.  Only one entry per person per contest is permitted unless otherwise specified.

4.3. A Participant is not required to purchase anything, unless provided otherwise in the Alternate Rules.

4.4. Participants shall be responsible for any and all costs associated with entering a Contest, which may include, but are not limited to long-distance charges, data charges, SMS charges and other similar costs.

4.5. To enter a Contest, whether carried out in person, over the phone, online or otherwise, the Participant will be required to participate by:

4.5.1.  providing RHR with Personal Information; and

4.5.2.  answering a skill testing trivia question; or

4.5.3. performing a task as described by an Employee of RHR.

4.6. If the Participant fails to answer the skill testing trivia question or perform the task described by the Employee of RHR, he or she shall be disqualified from the Contest. 

4.7. If the Contest requires that the Participant be the correct numbered caller through on RHR’s On Air Line, as available on RHR’s website, and  such Participant is disqualified according to section 4.6 above, RHR shall give the next caller the opportunity to participate in the Contest, and so-on and so-forth.


5. How a Winner is Declared

 5.1.  A Participant may be declared a Potential Winner of the Contest immediately upon entering the Contest, in accordance with section 4.5 above, or by random draw.

5.2. After being declared a Potential Winner, the Potential Winner shall be required to answer, unaided, a time-limited mathematical skill testing question. If the Potential Winner correctly answers the above-mentioned skill testing question within the time allotted, he or she shall be declared the Winner of the Contest.

5.3. Some Contests may be carried out in stages, such that the Winner’s Prize of a preliminary Contest is the opportunity to be a Potential Winner of the final Contest. In such cases, a Winner of a preliminary Contest shall become a Potential Winner of the final Contest, with the Winner of such final Contest to be determined in accordance with sections 5.1 and 5.2 above.

5.4. RHR reserves the right to modify a Contest to enable a Winner to be declared or to carry the Prize over to a subsequent time or Contest.

 

6.Probability of Winning

6.1.  The probability of being declared the Winner of any given Contest is dependent on the number of Participants or Potential Winners, as applicable and the number of Winners of the Contest.

 

7.Prizes

7.1.  The Winner’s Prize and any portions of a prize are non-exchangeable, non-transferable, non-refundable, have no cash surrender value and must be accepted as awarded and may not be sold.

7.2.  The Winner shall collect his or her Prize in person either immediately on-site, if applicable, or at the RHR office within thirty (30) business days of being declared the Winner of the Contest.  RHR is not required to deliver the prize to the Winner by mail, courier, or other means, but may do so at RHR’s sole discretion, and at the sole expense of the Winner.

7.3.  If the Prize shall be picked up by the Winner in accordance with section 7.2 above:

7.3.1.   RHR shall have the Prize available for pick up during regular business hours, as determined by RHR; and

7.3.2. the Winner must provide RHR with two (2) pieces valid of identification, one (1) of which must be government issued identification with a photograph.   

7.4. RHR is not required to, but may in their sole discretion choose to, release the Prize to any individual who is not the Winner of the Contest, even if the Winner consents to such release.

7.5. Winners shall be responsible for all costs and expenses associated with, but not expressly forming part of, the Prize.  Such costs and expenses include, but are not limited to, taxes, fees, gratuities, insurance, or travel to and from the airport where the Prize includes travel.

7.6. If the Prize includes travel, the Winner is responsible for ensuring that he or she, as well as his or her companion, if applicable has all of the necessary travel documents, immunizations, etc. required to travel to the destination on the dates specified in the description of the Prize.

7.7.RHR may, in its sole discretion, substitute a Prize or portion thereof with an alternate Prize (the “Alternate Prize”) of equal or greater value, as determined by RHR.  The Alternate Prize may, if RHR so decides, be in the form of cash.  

7.8.  Notwithstanding section 7.7 above, RHR shall not be responsible to substitute a prize or potion thereof where such Prize cannot be redeemed by the Winner due to factors beyond RHR’s reasonable control, which include, but are not limited to:

7.8.1. an event being cancelled;

 7.8.2. a product being discontinued;

7.8.3. the Winner failing to collect the Prize prior to an event/expiration date; and

 

7.8.4. the Prize being lost in transit to RHR or to the Winner, if RHR agrees to deliver the Prize to the Winner by mail or courier in accordance with section 7.2.

 

8. No Representations or Warranties

8.1      None of the contest sponsors nor RHR or either of their affiliates make any representations or offers any warranty, express or implied, as to the quality or fitness of any prize.  Winners acknowledge and agree that they may not seek reimbursement nor pursue any legal or equitable remedy from any of the contest sponsors, RHR, or their respective affiliates should the price fail to be fit for its purpose or be, in any way, unsatisfactory to the Winner.


9.  Release of Liability

 9.1.  The Participants, Potential Winners, and Winners of all Contests acknowledge that participating in a Contest or collection or use of the Prize may be inherently dangerous. All such individuals agree to release and hold harmless RHR, including RHR’s Employees, shareholders, officers, directors, agents and representatives, for any and all damage, loss or liability incurred by entering in a Contest or collecting or using the Prize.

9.2. The Winner of any Contest agrees to sign a standard release and waiver of liability prior to collecting his or her Prize, which will be provided by RHR.  If the Winner is not of the age of 19, his or her parent or guardian agrees to sign the above-mentioned release and waiver of liability.  If the Winner or Winner’s parent or guardian, as applicable, refuses to sign the above-mentioned release and waiver of liability, he or she will not be entitled to collect his or her Prize.  The standard form of declaration and release of liability will confirm that by entering the Contest, the Winner:

9.2.1. has read, understood and accepted these Contest Rules;

9.2.2.understands that the acceptance of a Prize may involve danger and/or exposure to risks and hazards of both man-made and natural origin, whether arising from foreseeable or unforeseeable human error and negligence, and that, as a result, he or she may suffer damage to personal property, injury, illness or even death;

9.2.3.has nevertheless freely and voluntarily agreed and does agree to assume any and all risk of damage to personal property, injury, illness or even death arising out of or connected with his or her participating in a Contest; and

9.2.4. he or she releases the contest sponsors, RHR, and their respective affiliates, and all of their directors, officers, employees, and agents from any and all liability arising in connection with their participation in a Contest and their acceptance of a price including, without limitation, any financial, legal or moral responsibility or loss or personal injury including death or damage to or loss of property suffered or incurred or arising from the Participant’s participation in the Contest or the acceptance of the Prize, whether suffered by the Winner or by his or her heirs, administrators, personal representatives, executors, and notwithstanding that such injuries or losses may have been caused solely or partly by any act, omission negligence, or gross negligence of any of the contest sponsors, RHR, and their respective affiliates, and all of their directors, officers, employees and agents.

 

10.  Release of Privacy Rights

10.1.  By entering a Contest, each Participant consents to the collection and use of his or her Personal Information by RHR and RHR’s agents.

10.2. By entering the Contest and voluntarily providing personal information including, but not limited, his or her name, address, city, email address, home and office telephone number, the Participants, Potential Winners and Winner of a Contest consent to the collection and use of his or her name, photograph, likeness, testimonial, city of residence and voice by RHR and RHR’s agents, as deemed appropriate in RHR’s sole discretion, for the purposes of administering the Contest, selecting Potential Winners and Winners, as well as such other marketing and promotional purposes that RHR may determine in its sole discretion.  The Winner consents to the use of the above-mentioned items without compensation whatsoever and without restricting the:

10.2.1.  the time period during which;

10.2.2.  the medium by which; and

10.2.3.  the scope on which;

the above-mentioned items are used.

10.3. For the purpose of this section 10, “use” means the treatment, handling, and management of Personal Information or any of the items described in section 10.2 above by RHR and their agents.

10.4. By entering a Contest, each Participant, Potential Winner, and Winner agrees that it is their responsibility to be familiar with the privacy terms contained herein and in RHR’s Privacy Policy which is available on RHR’s website.

10.5. Subject to the above, all entries to a Context shall become the property of RHR and any applicable context sponsors.

 

11. No Tampering and Participant Obligations

 11.1 RHR reserves the right to disqualify, from any Contest or future Context, any individual who tampers with or in any way corrupts the entry process and the operation of the Contest as outlined in these Contest Rules. RHR may prohibit an entrant or person they believe is tampering with a Contest or future Contest from participating in the Contest or winning a prize if, in RHR’s sole discretion, RHR determines that said potential Participant, Participant, Potential Winner or Winner is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or any unfair playing practices (including the use of automated quick programs) or intending to annoy, abuse, threaten or harass any person associated with the Contest. Any attempt by an entrant or any other individual to deliberately damage a website or to undermine the legitimate operation of a Contest may be in violation of criminal and civil laws, and should any such attempt be made by a Contest entrant or other person, RHR reserves the right to seek remedies and damages or other relief (including lawyers’ fees) from any such Contest entrant or any other individual to the fullest extent permitted by law, including criminal prosecution.

11.2 Each Participant, Potential Winner and Winners agrees to abide by the terms of these Contest Rules which are subject to change at the sole discretion of RHR.

 

12.  Changes to Contests and Compliance with Laws

 12.1. Subject to applicable law, RHR and any contest sponsors reserve the right, at their sole discretion, to cancel, terminate, modify or suspend any Contest, in whole or in part, without prior notice with no obligation or liability, including, if for any reason, the Contest is not capable of running as planned, whether due to technical failure, tampering, fraud, corruption of security or other causes beyond the control of RHR or any of the contest sponsors that corrupts, impairs or affects the administration, security, fairness, integrity or proper conduct of the Contest.

12.2. RHR Contests shall be void where prohibited by law and are subject to all federal, provincial, territorial, and municipal laws and regulations of Canada and of British Columbia and Vancouver, respectively.

 

13. Contact Information

13.1. These Contest Rules are available on RHR’s website at www.roundhouseradio.com.

13.2. If you would like more information on RHR’s Contest Rules or have questions or concerns about the above, please feel free to contact us at 604-449-7983 or info@roundhouseradio.com and our staff will be delighted to help you. 

 

 

 

19.       CONTEST NAME

19.1     To be eligible, individual entries for the Pam Ann Whistler Pride & Ski Festival Cleared For Takeoff Contest (“CFT”) MUST register on the Roundhouse Radio CFT Contest Page and be of FULL Membership, to be accepted into the competition. No membership fees apply, no purchase necessary to enter or win. Proof of entry submission does not constitute proof of receipt. Entrants must comment on the pictures of Pam Ann as featured on the CFT contest page and post their “Caption This!” in the comments sections provided. Entrants can provide more than one “Caption This”, best comment as decided by Roundhouse Radio 98.3 wins a Whistler Pride & Ski Festival getaway to Whistler Blackcomb

19.2     CONTEST PRIZE

Roundhouse Radio will be awarding one (1) Winner of the CFT Contest a prize package as follows:

a)             Two (2) tickets to the Whistler Pride & Ski Festival Pam Ann Show SNOW LANDING at the Whistler Conference Centre January 25th 2017;

b)             Two (2) tickets to ARRIVALS LOUNGE, the official Pam Ann meet and greet afterparty at the CABN Lounge;

c)              Four (4) nights accommodation at the Aava Whistler Hotel January 25th 2017 – January 29th 2017.

 

Roundhouse Radio will contact the Winner via the email address provided on January 16th, 2017. The Winner will then have forty-eight (48) hours or two (2) full days to respond to Roundhouse Radio (via e-mail) effective from the time the notification e-mail has been sent by Roundhouse Radio. If after such time the Winner has not responded, a new Winner will be randomly drawn and notified via the same process. This will continue until such time as a Winner has been contacted, and has responded to said notification by Roundhouse Radio. The Winner must provide legal, government issued proof of identity to receive the CFT Contest package. 

19.3     The CFT prize is non-transferable or redeemable for cash and cannot be resold for profit. The Winner will be the sole recipient of the CFT prize package and will be solely responsible for the allocation of any and all prizing awarded. Winner must accept prizes “as is” and date sensitive prizing (Pam Ann Snow Landing, ARRIVALS LOUNGE Meet & Greet Party) cannot be amended to any other dates other than the advertised show date of January 25th, 2017. Hotel dates awarded cannot be amended to any other dates other than the prize dates of January 25th – January 29th 2017.

19.4     The winner of the CFT prize package must be nineteen (19) years of age.

19.5     Roundhouse Radio is not responsible for, nor will replace any lost or stolen prizes. 

19.6     Odds of winning depend on the number of entries received.

19.7     By winning the Roundhouse Radio CFT Contest, Winner(s) consent to Roundhouse Radio’s (and the Prize Provider) use of your name, city of residence, photograph, voice, statement and image for any publicity purposes deemed suitable for the promotion of said contest as follows: (i) you acknowledge that your Entry may be posted by Roundhouse Radio (and the Prize Provider) on the Contest website page or used in Roundhouse Radio (and the Prize Provider) promotional e-mails, in Roundhouse Radio's (and the Prize Provider) sole discretion but without obligation; (ii) you have the right and authority to, and do hereby, grant to Roundhouse an irrevocable, non-exclusive, royalty-free worldwide license in perpetuity to reproduce, store, copy, broadcast, display, distribute, edit, alter, combine with other material, publish, post, commercialize and/or otherwise use without limitation all or any part of the Entry on the Contest Website or in Roundhouse Radio’s (or the Prize Provider) promotional e-mails; (iii) you waive any and all moral rights that you may have in and to the Entry with respect to the uses contemplated herein; and, (iv) you agree to release and hold harmless Roundhouse Radio (or the Prize Provider) from and against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related cause of action that relates in any way to Roundhouse’s (or the Prize Provider) use of the Entry. 

19.8     Roundhouse Radio will not be held responsible for any additional or incidental costs that may be incurred during said CFT Contest (such as transportation, tips, gratuities, additional hotel amenities, parking or hotel costs beyond standard room) and/or any supplementary prizing costs over and above those outlined in the prize description.

19.9     Roundhouse Radio is not responsible for transportation costs to and from Whistler Blackcomb, or to and from said contest prize event(s).

19.10   Contest prizing is valid January 25th – 29th, 2017 inclusive.  The Winner must complete all elements and prizes awarded by the expiry date listed above.

19.11   Contest rules and regulations as stated above in full by Roundhouse Radio still apply.

19.12  USE OF PERSONAL INFORMATION

a)             Entrants consent to the collection, storage, and handling of their personal information by Roundhouse Radio for the sole purpose of administering a contest and in accordance with Roundhouse Radio’s privacy policy.

b)             Entrants agree to the provision of their personal information (to the extent necessary) to a third party for the sole purpose of administering prize distribution.