World Fishing Network ULC ("WFN Canada") and World Fishing Network LLC ("WFN US" and together with WFN Canada, "WFN")
1. CONTEST PERIOD: WFN's Father's Day contest (the "Contest") begins on or about 11:00 am Eastern Time ("ET") on May 20, 2013 and runs through 4:59 pm ET on June 12, 2013 (the "Contest Period"). All entries must be received no later than 4:59 p.m. (ET) on June 12, 2013 after which time the Contest will be closed and no further entries shall be accepted. WFN's server/clock is the official time keeping device for the Contest.
2. CONTEST ELIGIBILITY/PARTICIPATION: The Contest is open in the fifty (50) United States, D.C. and all provinces of Canada, excluding the Province of Quebec and Puerto Rico ("North America") and is offered only to legal residents who have reached the legal age of majority in their state or province of legal residence at time of entry. Employees, directors and officers and their immediate family members (spouses and siblings, parents and children and their spouses) and household members (whether or not related) of WFN and any of their members, parents, subsidiaries, affiliates, assigns, advertising and contest agencies, and any individuals or companies involved in the administration, implementation or execution of the Contest are not eligible.
By entering this Contest, you agree to be bound by these Official Rules and the decisions of WFN which are final and binding in all respects. In order to enter the Contest, and qualify for a chance to win the Grand Prize (as defined below), you must log on to the website at www.worldfishingnetwork.com/dad (the "FDC Site") and complete and submit an entry form in its entirety (an "Entry"). To be eligible the Entry must include a completed essay and a photo, as set out below:
1. Essay: Submit one (1) essay describing why the nominee deserves to receive a Father's Day fishing trip. All essays must be between 50 and 250 words in length.
2. Photo: Submit one (1) photo to accompany the essay. Photo file to be no larger the 2 MB and in one of the following file types: .jpg, .gif or .png.
By entering the Contest, each entrant (i) represents that any material submitted to WFN (including without limitation, the essay and photo and captions, as applicable) (collectively, the "Material") is original to him/her and that the entrant has all necessary rights in and to the Material (including, but not limited to, releases from all individuals displayed in, or making up part of, the Material) to enter the Material in the Contest, (ii) grants WFN a royalty-free, non-exclusive license to publish, display, reproduce, modify, edit or otherwise use the Material in whole or in part on any media whether now known or hereinafter devised in perpetuity for advertising or promoting the Contest or for any other reasons including, but not limited to, placement of the Material (or extracts therefrom) on third party websites. Entries that are not an original creation of the entrant, or which are illegal, defamatory or in any way obscene, all as determined solely by WFN, will be disqualified.
WFN reserves the right to disqualify and/or remove any Entry in whole or in part for any reason within its sole and absolute discretion if it believes the Entry is not in the spirit of the Contest or is not compliant herewith, or will have a detrimental impact on WFN, this Contest, or any of WFN's brand, products or services. Without limitation, WFN reserves the right in its absolute discretion to refuse, disqualify, or withdraw any Entry and/or entrants at any time during the Contest, including but not limited for obvious lack of good faith, noncompliant, or obscene, offensive, sexually inappropriate, or otherwise unsuitable Entries, such as those depicting violence, nudity or explicit activity, as determined by WFN (in its sole discretion) will not be considered. Material shall not be returned to entrants by WFN.
Once submitted, an Entry cannot be modified by the submitting entrant, nor deleted or cancelled. Entrants may not enter through a contest club (or similar method), with multiple e-mail and/or street addresses, nor shall entrants use any other device or artifice to enter the Contest more than the permitted number of times. Any entrant who uses fraudulent entry methods, or otherwise attempts to participate with multiple e-mail and/or addresses under multiple identities will be disqualified. In case of dispute, on-line entries will be declared made by the authorized account holder of the e-mail address submitted at the time of entry. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. WFN reserves the right, at its reasonable discretion to refuse, disqualify, or withdraw any Entry and/or entrants at any time during the Contest Period.
Only one (1) eligible Entry will be accepted per person. Proof that an entrant submitted an Entry does not constitute proof or evidence that it was received within the Contest Period or that it complies with these Contest Rules.
3. GRAND PRIZE: One (1) Grand Prize is available to be won, consisting of:
A) Round-trip economy airfare for the Grand Prize winner and their guest leaving from an International airport closest to the winner's home to Abaco, The Bahamas (the "Trip"). The Trip must take place between June 17 and July 31, 2013 as determined by WFN in their sole discretion.
B) Ground transportation for the Grand Prize winner and their guest between the airport and hotel in Abaco (if applicable);
C) Full-day guided fishing trip, gear and bait;
D) Starring role in one (1) episode of "Copout Outdoor Adventures" produced by Eight Seventy Three Productions, Inc. ("EST"), which will be filmed during the Trip (the "Episode"). The Episode is to be used or otherwise distributed by EST and WFN at their sole discretion. For certainty, neither EST nor WFN shall have any obligation whatsoever to distribute or broadcast the Episode and the Grand Prize winner and their guest will be required to sign customary releases and consents in connection with his/her participation in the Episode.
E) Three (3) nights hotel accommodation at Abaco Beach Resort for the Grand Prize winner and their guest based on double occupancy;
F) Exclusive WFN gear for Grand Prize winner; and
G) $200.00 US spending money;
The approximate retail value of the Grand Prize is $3,775.10 CDN and $3,712.00 US based upon the Bank of Canada CAD/USD exchange rate on April 29, 2013.
The Grand Prize winner is solely responsible for all applicable federal, provincial, state and local taxes relating to the Grand Prize. The Grand Prize winner will be responsible for all other costs and expenses related to the Grand Prize, including, but without limitation, additional ground transportation, any applicable departure taxes, transportation taxes, shipping costs associated with the Grand Prize and all other taxes, travel, repatriation and health insurance (collectively, "Insurance"), personal expenses, gratuities, meals, entertainment, etc. The Grand Prize winner may be required by the hotel to provide an accepted and valid credit card to cover incidental charges (including but not limited to: telephone charges, laundry services, room service, etc).
The Trip must be booked through WFN and must be taken between June 17 and July 31, 2013, or else the Trip (and all associated elements of the Grand Prize) will be forfeited in its entirety. The Grand Prize winner must be prepared to make all necessary arrangements to accept the Grand Prize. The schedule and events comprising the Grand Prize may be altered or substituted in any commercially reasonable manner at the sole discretion of WFN. If the Grand Prize winner is unavailable to attend (for whatever reason) on the dates upon which the Trip is available, then he or she shall forfeit all rights to the Grand Prize and shall not receive anything (including but not limited to any cash equivalent) to compensate for such forfeiture. No changes to travel dates or passenger names are permitted once the booking has been made. Tickets are subject to standard rain-check policies and procedures. Blackout dates and restrictions may apply. Any difference between approximate value and actual value of the Trip, or any element thereof, will not be awarded in cash. Grand Prize winner is responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that WFN has not and will not obtain or provide travel insurance or any other form of insurance for the Grand Prize winner and/or his/her guest. Lost or stolen airline tickets will not be replaced or exchanged. Tickets may not be sold, resold, auctioned, bartered, assigned, exchanged, placed in commerce, transferred, given away, donated, or otherwise conveyed or placed into any channels of distribution.
If the Grand Prize (or any component thereof) is not awarded to the initial Grand Prize winner or is forfeited, an alternate Grand Prize winner may be selected in WFN's discretion. The Grand Prize award is subject to verification of eligibility and compliance with the Official Rules. In no event will more than one (1) Grand Prize be awarded.
4. GRAND PRIZE SELECTION: A combination of photo and essay content will be used to choose a Grand Prize winner from all eligible Entries received, in Centennial, CO, on or about June 13, 2013. A panel of WFN judges will evaluate the Entries based on the following criteria: (i) originality, (ii) creativity, (iii) content, and (iv) overall passion of each Entry (each a "Criterion" and collectively, the "Criteria"). Each Criterion will be weighted equally. The one (1) Entry deemed best will be determined by the panel, based on the Criteria, and will be eligible to win the Grand Prize. The odds of an Entry being selected by the judging panel depend on the number and the caliber of Entries received.
The potential Grand Prize winner will be notified on or within two (2) weeks of the drawing either by: (i) an initial telephone call during regular business hours (ET) at the contact telephone number provided at the time of entry; or (ii) an e-mail at the e-mail address provided at the time of entry. If a selected entrant cannot be reached within 48 hours from the time of initial contact, an alternate Grand Prize winner may be selected until such time as a selected entrant satisfies the terms of this section.
Once contacted, a potential Grand Prize winner must, in order to be declared eligible to receive a Grand Prize:
(i) comply with these Official Rules;
(ii) if the selected entrant resides in Canada, he/she must correctly answer a time-limited mathematical skill testing question (which will be administered at a pre-arranged time with the selected entrant) without the assistance of another person or mechanical device;
(iii) sign and have his/her guest sign WFN's standard declaration of compliance with the Contest rules, release and consent to publicity form (the "Consent"). The Consent shall serve as the potential Grand Prize winners' and guest's agreement to release and indemnify WFN and its parent(s), subsidiaries, affiliates and/or related companies and each of their officers, directors, shareholders, employees, advisors, assignees, agents, licensees, representatives, advertising, media buying and promotional agencies from any threatened or actual claims, actions, damages, and liabilities in connection with the Contest and/or the Grand Prize, and the use of their Entry and name, likeness and image. In the event of noncompliance, or if WFN does not receive a signed Consent back from any potential Grand Prize winner and applicable guest within five (5) days from the delivery of the Consent to the entrant, then the potential Grand Prize shall be forfeited and WFN may select another potential winner's Entry in accordance with these Contest rules.
(iv) If selected entrant resides in the United States, he/she must complete and return a Form W9 with the Consent. If WFN does not receive a completed Form W9 back from the selected entrant within five (5) days from the delivery of the Form W9 to the entrant, then such entrant shall forego any right or entitlement to the Grand Prize and WFN may draw another entrant's name
5. WINNER'S LIST: For the Grand Prize winner's name, send a written request by self-addressed, stamped envelope (ensure that sufficient postage is included) to WFN, 11203 East Peakview Ave. Suite 200, Centennial, CO 80111, Attention: WFN's Father's Day Contest.
7. GENERAL RULES:
a) WFN shall not be responsible for or bear any liability for: (i) late-received, lost, unintelligible/illegible, incomplete, or misdirected Entries; (ii) entrants or Entries which fail to comply with these Official Rules; and (iii) any failure of the FDC Site during the Contest Period, including any problems or technical malfunction of any computer on-line systems, servers, access providers, computer equipment, software, failure of any e-mail or entry to be received on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof including any injury or damage to an entrant's or any other person's computer related to or resulting from downloading any material in the Contest, all of which may affect an entrant's ability to participate in the Contest.
b) WFN reserves the right to cancel or suspend any portion of this Contest should a virus, bug or other cause beyond the reasonable control of the WFN corrupt the security or proper administration of 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, WFN reserves the right to seek remedies and damages to the fullest extent permitted by law, including criminal prosecution.
c) By participating in this Contest and/or the Grand Prize, the Grand Prize and his/her guest agrees that his/her name, image, photograph, voice, biographical information and/or other indicia of persona may be used by EST and WFN in any and all forms of media, including but not limited to the World Wide Web and internet, without any further compensation or review and waives all rights (including moral rights) with respect to printed, broadcast and other forms of publicity. Written confirmation of the foregoing in the form of the Consent referred to above must be executed by the Grand Prize winner and his/her guest and provided to WFN.
d) Each entrant and the guest of the Grand Prize winning entrant agrees that WFN and their affiliates, officers, directors, shareholders, agents, representatives and employees and all others associated with the development and execution of the Contest, including, for certainty, EST and its affiliates ("Released Parties") shall have no liability and shall be held harmless in respect of any and all manner of action, causes of action, suits, debts, covenants, contracts, claims, and demands, including legal fees and expenses, whatsoever, arising now or in the future, including but not limited to, claims based on negligence, breach of contract and liability for any physical injury, bodily injury, death, disability, or property damage or any other loss which the entrant or his or her administrators, heirs, successors or assigns might have or could have, by reason or arising out of the entrant's and guest's participation in the Contest, and/or in connection with the acceptance, possession, use or misuse, of the Grand Prize, whether or not caused in whole or in part by the negligence of one or more of the Released Parties.
e) All Entries are subject to verification by WFN and WFN also reserves the rights to cancel and revoke any Entries if they are found to be improper or if the entrant is subsequently found not to be eligible pursuant to these Official Rules.
f) In the event of unavailability of the stated Grand Prize (or any portion thereof), WFN, in their sole discretion, reserves the right to substitute a prize of equal or greater value.
g) The Grand Prize is not transferable, not refundable, and not redeemable for cash in whole or in part, will not be extended under any circumstances and must be accepted as offered. Any unused portions of the Grand Prize will be forfeited and will have no cash value.
h) By participating in this Contest, entrants agree to be bound by these Official Rules and the decisions of WFN, which decisions shall be final and binding upon all entrants. Failure to comply with these Official Rules may void an entrant's rights vis a vis the awarding of the Grand Prize. Interpretation of these Official Rules by WFN shall be final. If applicable, shipped prizes shall not be insured and WFN shall not assume any liability for lost, damaged, or misdirected prizes.
i) WFN may terminate, modify or suspend this Contest at anytime and may amend the Official Rules or administration of this Contest without notice in their sole discretion in any commercially reasonable manner.
j) WFN shall not be liable to winners or any other person for failure to execute the Contest, or supply a prize or any part thereof, by reason of any act of God, any action(s), regulation(s) order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), public health crisis, equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any similar or dissimilar event beyond its reasonable control.
8. GOVERNING LAW/JURISDICTION: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR WFN IN CONNECTION WITH THE CONTEST SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE PROVINCE OF ONTARIO WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE'S LAWS. As a condition of participating in this Contest, each participant agrees that any and all disputes that cannot be resolved between the parties and causes of action arising out of or connected with this Contest shall be resolved individually, without resort to any form of class action, exclusively before a court located in Centennial, CO, having jurisdiction. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for and hereby waives all rights to claim punitive; incidental; or consequential damages, including reasonable attorneys' fees, other than participant's actual out-of-pocket expenses (i.e., costs associated with entering this Contest), and participant further waives all rights to have damages multiplied or increased.
9. SPONSORS: In Canada: World Fishing Network ULC, 60 St. Clair Ave. East, Suite 400, Toronto, Ontario M4T 1N5, In the U.S.: World Fishing Network LLC, 11203 East Peakview Ave., Suite 300, Centennial, Colorado 80111.
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