Rules

Vacation Better Tip Contest

(the “Contest”)

Official Rules and Regulations (the “Contest Rules”)

ELIGIBILITY

The Contest is open to travel agents in Canada, who, at the start of the Contest Period, have reached the age of majority in their province or territory of residence. This Contest is not open to employees, officers, directors, independent contractors, judges, representatives and agents of Sunwing Vacations Inc. (“Sunwing”) and its affiliates, or their respective advertising and promotional agencies, dealers, prize suppliers, as well as those with whom any of the foregoing are domiciled (whether legally related or not), with the exception of SellOffVacations agents, who are allowed to participate in this contest.

THE CONTEST PERIOD

The Contest entry period commences at 3 p.m. EST on Friday, October 25, 2019 and concludes at 11:59 p.m. EST on Tuesday, March 31, 2020 (the “Contest Period”).

HOW TO ENTER 

NO PURCHASE NECESSARY. During the Contest Period, visit: https://bit.ly/2Pbbsu2 (the “Website”), complete an online entry form in full, with your full name, your email address, the name of your agency and your Vacation Better tip.  Your entry will be automatically entered into the Contest.  Failure to complete the entry form in full may result in disqualification in Sunwing’s sole discretion.

Participants are permitted one (1) entry daily (every 24 hours) during the Contest. In the event that Sunwing receives more than the permitted number of entries from an entrant during the Contest Period, Sunwing reserves the right to void and destroy any entries from that entrant, and that entrant may, at the sole discretion of Sunwing, be disqualified from the Contest.

By submitting an entry, entrants agree to be bound by these official Contest Rules, which are subject to change in Sunwing’s sole discretion.

THE PRIZE

There are five (5) prizes (each a “Prize”) to be won. Each Prize consists of 100,000 STAR Agent Reward Points, which convert to cash.

The approximate value of 100,000 STAR Agent Reward Points is $180.

PRIZE LIMITATIONS

• The winner must accept the Prize “as is” otherwise it will be forfeited.
• If the Prize, or any portion thereof, is unused, it cannot be carried forward and will be forfeit.

PRIZE SUBSTITUTION

The Prize, and any portion thereof, is non-exchangeable, non-transferable, non-refundable, has no cash surrender value and must be accepted as awarded with no substitutions, except as may be decided by Sunwing in its sole discretion. Sunwing reserves the right, in its sole discretion, to substitute and/or modify the prize or any portion thereof, with a prize of equal or greater value for any reason.

WINNER SELECTION

One eligible entry will be selected on the last day of every month between November and March, unless the last day of the month falls on a weekend or holiday, in which case the eligible entry will be selected on the next working business day. On Monday December 2, 2019, Tuesday December 31, 2019, Friday January 31, 2020, Monday March 2, 2020 and Wednesday April 1, 2020 at 10:00 a.m. ET (each a “Winner Selection Date”) at the offices of Sunwing located at 27 Fasken Drive, Toronto, Ontario, a Sunwing representative will select one (1) entrant from all entries received up to the Winner Selection Date. An announcement will be made on https://bit.ly/2Pbbsu2 one week after each Winner Selection Date, on Monday December 9, 2019, Tuesday January 7, 2020, Friday February 7, 2020, Monday March 9, 2020 and Wednesday April 8, 2020 at 10:00 a.m. ET. Odds of winning depend on the total number of eligible entries received up to each Winner Selection Date.

The selected entrant will be contacted by a representative of Sunwing within three (3) business days of the Winner Selection Date by email, as provided by the entrant in his or her Contest entry form. Sunwing is not responsible for false, incorrect, changed, incomplete or illegible contact information. Notification is deemed to have occurred immediately upon sending of an email.

If the selected entrant is unable to be contacted (including failing to return phone calls or emails) within two (2) days of the Winner Selection Date, declines to accept the Prize or is found to be ineligible, his or her rights to the Prize shall be forfeited and another eligible entrant may be selected in Sunwing’s sole discretion.

In the event of a dispute as to the identity of a winner based on an email address, the winning entry will be deemed to be made by the authorized account holder of the email address at the time of entry. The authorized account holder is the natural person who is assigned an email address by an Internet service provider or other organization responsible for assigning email addresses for the domain associated with the email address in question.

DECLARATION AND RELEASE OF THE PRIZE WINNER

 Before being awarded the Prize: the selected entrant must correctly answer, unaided, a time-limited skill-testing mathematical question during a prearranged telephone call; and the selected entrant must sign and return to Sunwing a standard form Declaration and Release (the “Release Form”) confirming compliance with the Contest Rules, acceptance of the Prize as awarded and releasing Sunwing, its affiliates and each of their respective officers, directors, employees, representatives and agents from all liability arising in connection with the Contest and the Prize.  The Release Form will be emailed to the selected entrant at the email address provided on his or her Contest entry form.

In the event that the selected entrant fails to answer the mathematical question correctly, does not return the signed Release Form as instructed by Sunwing and within two (2) days of receipt of such Release Form, or otherwise does not meet all Contest Rules, the selected entrant will be disqualified and the Prize will be forfeited.  Sunwing will then award the Prize (subject to these Contest Rules) to another selected entrant drawn from the remaining entries, at its sole discretion.

OWNERSHIP OF ENTRIES AND PUBLICITY RELEASE

All entries shall become the property of Sunwing.  Entrant retains the copyright in the Materials (as defined below) submitted with his or her entry. Except where prohibited by law, by entering the Contest, each entrant, regardless of whether or not he or she is selected as the Prize winner, grants to Sunwing and its advertising and promotional agencies, and each of their respective parents, affiliates and subsidiaries, an exclusive, perpetual, irrevocable, royalty-free, worldwide license to display, disclose, produce, reproduce, publish and/or republish, broadcast, communicate, exhibit, distribute, adapt, alter, modify, translate, create derivative works based upon, use and/or reuse, sublicense entrant’s Materials or any portion thereof, and otherwise exploit the entrant’s entry and any other information and material provided by entrant at any time (including, but not limited to, the entrant’s name, city of residence and province, voice, likeness, photograph and likeness of entrant, image or any other aspect of entrant’s personality, photographs, images, video, biography, statements, story, tips and endorsements) (collectively “Materials”), in whole or in part, individually or in conjunction with other items for the purpose of this Contest or any other purpose (including, but not limited to, entertainment, instruction/education, advertising, marketing, promotional and/or publicity purposes), throughout the world, in any manner, form, media or technology now known or hereafter devised (including, but not limited to, print, video, television, social media, internet and broadcast). Entrant will not be entitled to compensation for any use of the entrant’s Materials by Sunwing or its advertising and promotional agencies, and each of their respective affiliates and subsidiaries, agents, licensees or assignees. The entrant hereby waives any right to inspect or approve any advertising copy or other material which may be used in conjunction with the entry and any moral rights entrant may have in or in respect thereof.

Sunwing will have no obligation to publish or use or retain any Materials entrant submits or to return any Materials to entrant. Entrant agrees that it is his or her sole responsibility to obtain all permissions and releases necessary for the grant of the rights contained in this Section. Entrant agrees to take any further action (including, without limitation, execution of affidavits, licenses, and other documents) reasonably requested by Sunwing to effect, perfect, or confirm Sunwing’s rights set forth in this Section.

CONSENT TO COLLECTION AND USE OF PERSONAL INFORMATION AND TO RECEIVE ELECTRONIC MESSAGES

By entering the Contest, the entrant consents to the collection, use and disclosure of his or her personal information by Sunwing for the purpose of administering the Contest, awarding the Prize and announcing the Prize winner, as applicable, and any subsequent advertising or promotion related thereto. The entrant further consents to receive electronic messages from Sunwing regarding its products, services, special events, surveys, contests, offers, promotions or any other marketing material. The entrant may unsubscribe or withdraw consent at any time by clicking the unsubscribe link at the bottom of Sunwing’s email communications. Personal Information collected in connection with this Contest will be used by Sunwing in accordance with Sunwing’s privacy policy available at http://www.sunwing.ca/PrivacyPolicy.asp.

REPRESENTATIONS AND WARRANTIES OF ENTRANT

If entrant submits any Materials with his or her entry, by submitting an entry, entrant represents and warrants that his or her entry:

1. is his or her own original work;
2. does not contain material or images that is obscene, inappropriate, offensive, or defamatory;
3. does not violate or infringe upon the copyrights, trademarks, rights of privacy, publicity or other rights of any person or entity;
4. does not contain malicious code, such as viruses, timebombs, cancelbots, worms, Trojan horses or other potentially harmful programs or other material or information;
5. does not and will not violate any applicable law, statute, ordinance, rule or regulation; and
6. does not trigger any reporting or royalty obligation to any third party.

Entrant further represents and warrants that the rights that entrant is granting under these Contest Rules do not conflict in any way with any other agreement to which he or she is a party, or with any commitments, restrictions, or obligations that he or she is under to any other person or entity.

If entrant’s entry contains an image or representation of an identifiable feature of a person other than himself/herself (for example, if enough of someone else’s face were shown so that that person could be identified), then entrant represents and warrants that he or she obtained the express approval of that person before submitting the entry, and that entrant can provide a copy of that consent to Sunwing upon request.

REPRESENTATIONS AND WARRANTIES OF SUNWING

The Prize winner accepts the Prize “as is”. Sunwing does not make any representations nor offers any warranty, express or implied, as to the quality or fitness of the Prize awarded in connection with the Contest. The Prize winner understands and acknowledges that he or she may not seek reimbursement or pursue any legal or equitable remedy from Sunwing should the Prize fail to be fit for its purpose or is in any way unsatisfactory to the Prize winner.

SUSPENSION/TERMINATION/MODIFICATION AND TAMPERING

Subject to applicable law, Sunwing reserves the right to cancel, suspend, terminate and/or modify the Contest Rules or administration of the 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 Sunwing.

Sunwing further reserves the right to disqualify, from this Contest and future contests of Sunwing, any individual who tampers with or in any way corrupts the entry process. Sunwing may prohibit an entrant from participating in the Contest, future contests of Sunwing and/or winning a prize if, in Sunwing’s sole discretion, Sunwing determines that said entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or any unlawful or unfair playing practices relating to the Contest (including but not limited to the use of automated quick entry programs), prize, or intending to annoy, abuse, threaten or harass any other entrants or Sunwing representatives.

Any attempt by an entrant or any other individual to deliberately damage any web site or undermine the legitimate operation of the Contest may be in violation of criminal and civil laws and should such an attempt be made, Sunwing reserves the right to seek remedies and damages (including lawyers’ fees) from any such entrant or any other individual to the fullest extent permitted by law, including criminal prosecution.

INDEMNITY AND LIABILITY

By participating in the Contest, the entrant agrees that Sunwing shall have no liability and agrees to release, indemnify and hold harmless Sunwing and its affiliates, subsidiaries, advertising and promotional agencies, dealers, prize suppliers and each of their respective agents, representatives, officers, directors, shareholders, and employees from and against any injuries, losses, damages, claims, actions, demands, suits, proceedings, costs, expenses, including without limitation any legal fees and any liability of any kind resulting from or arising directly or indirectly out of: (a) the entrant’s participation in the Contest or inability to participate in the Contest; (b) the acceptance, possession, use, enjoyment or misuse of the Prize; (c) with respect to the entry and any other information and/or material submitted by the entrant including, but not limited to, all actions of passing off, misappropriation of personality, breach of privacy, infringement of any patent, copyright, trademark or any other proprietary right; or (d) any breach of the entrant’s representations and warranties above.

Sunwing will not be responsible for lost, stolen, illegible, incomplete, inaccurate or destroyed entries, and all such entries are void. Sunwing assumes no responsibility for incorrect or inaccurate capture of entry information, technical malfunctions, human or technical error, printing errors, lost, delayed or garbled data or transmissions, omission, interruption, deletion, defect or failures of any telephone or computer lines or networks, emails, computer equipment, servers, software, access providers, or any combination thereof.

IN NO EVENT SHALL SUNWING BE HELD LIABLE TO ENTRANT OR ANY THIRD PARTIES FOR ANY LOSS OR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE CONTEST; (B) THE ENTRIES; (C) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (D) THE BREACH OF THE CONTEST RULES; OR (E) THE PRIZE.

WHERE CONTEST RULES AND REGULATIONS ARE AVAILABLE

These Contest Rules are available online at the Website or entrant may request a copy of the Contest Rules by sending a self-addressed, stamped envelope to: Vacation Better Tip Contest c/o Sunwing Vacations Inc., 27 Fasken Drive, Toronto, Ontario, M9W 1K7.

QUEBEC RESIDENTS

Any litigation involving a Quebec resident 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 involving a Quebec resident respecting the awarding of a prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.

CONTEST SPONSOR

The Contest is in no way sponsored, endorsed or administered by, or associated with Facebook. All information provided by entrant is being provided to Sunwing and not to Facebook. Facebook is completely released of all liability by each entrant in this Contest.

COMPLIANCE WITH LAWS

This Contest is subject to all applicable federal, provincial, territorial and municipal laws and regulations. This Contest is void where prohibited or restricted by law. The entrant hereby irrevocably attorns to the jurisdiction of the Courts of the Province of Ontario.

MISCELLANEOUS

In the event that any provision of the Contest Rules is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sunwing’s failure to enforce any term of these Contest Rules will not constitute a waiver of that provision. Entrants agree to waive any rights to claim ambiguity of these Contest Rules. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest-related materials, privacy policy or terms of use on the Website and/or the terms and conditions of the Contest Rules, the Contest Rules shall prevail, govern and control and the discrepancy will be resolved in Sunwing’s sole and absolute discretion.