Rules

Win A Euro Trip with Air Transat, Facebook Contest (the “Contest”)

Official Rules and Regulations (the “Contest Rules”)

ELIGIBILITY

The Contest is open to legal residents of Canada who, as 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. dba SellOffVacations/ SellOffVacations.com (“SellOffVacations”) 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).

THE CONTEST PERIOD

The Contest entry period commences at 5:00 p.m. EDT on July 25, 2019 and concludes at 11:59 p.m. EDT on August 6, 2019 (the “Contest Period”). 

HOW TO ENTER 

During the Contest Period, visit Win a Euro Trip with Air Transat (the “Website”), complete an online entry form in full, with your full name, your email address, preferred gateway, and contact phone number. You may enter for a chance to win by consenting to receive SellOffVacations emails for promotions and special offers and accepting the terms and conditions of the contest.  You will automatically be entered for a chance to win once you have completed these actions.  Failure to complete the entry form in its entirety and accept terms and conditions will result in disqualification of your entry in the draw.

Participants are permitted a maximum of one (1) entry per Contest. Alternatively, a Participant can increase and submit up to a maximum of four (4) entries per Contest, earning (1) entry right per each additional person that the Participant refers via email, using the provided link and generated code. Multiple entries violating the rules are not permitted and will be discarded. In the event that SellOffVacations receives more than the permitted number of entries from a Participant during the Contest Period, SellOffVacations reserves the right to void and destroy any entries from that entrant, and that entrant may, at the sole discretion of SellOffVacations 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 SellOffVacations’ sole discretion.

THE PRIZE

There are 2 (two) prizes to be won consisting of the following:   

• 2 (two) roundtrip economy air seats, including departure, taxes to any city in Europe exclusively on flights sold by Air Transat and in accordance with Air Transat’s 2019-2020 flight schedule.

The approximate retail value of the Prize is between $2,000 - $3,000 CDN. 

The actual amount may vary according to the location of the airport nearest the Prize Winner’s place of residence and arrival city.

PRIZE CONDITIONS

• There are 2 (two) prizes to be won.  Each prize consisting of 2 (two) roundtrip economy air seats sold by Air Transat.  Winner must make their request for travel through SellOffVacations, at least six weeks prior to the anticipated date of departure, failing which Transat will not accept the reservation and the prize will be deemed void.
• The winner and his/her travel companion must travel together both ways.
• The winner and his/her travel companion must have the legal right to leave Canada and to return to Canada and must have the legal right to enter and leave the destination country to which they are bound.  They are fully responsible for obtaining, at their own expenses, all documentation necessary for the trip as required by the authorities concerned, including, but not limited to, visas, passports, vaccinations and certificates.  These shall be obtained before departure. The winner and his/her travel companion shall comply with the contest validity dates and accept the alternatives proposed by Transat, if this proves necessary.  No extension of stay will be permitted.  Transat reserves the right to offer a comparable price if a program is cancelled in the case of force majeure or in the case of any other irresistible and unforeseeable circumstances.
• All of the personal expenses of the winner and his/her travel companion are their sole responsibility.  The winner and his/her travel companion are responsible for their own transportation upon departure and arrival at the international airport of departure, as determined by Transat.  Transat shall assume no responsibility of any nature whatsoever for any postponement, delay or cancellation of the flight or any other component of the packages or of any other transportation which is part of the price for any reasons whatsoever, including, but not limited to, weather conditions, equipment breakdown or failure.
• Travel must be completed by October 31, 2019. Travel period is from September 1, 2019 to October 31, 2019.  Reservation must be made by September 1, 2019. 
• Black-out dates will apply as follows: July 20 to August 15, 2019
• Extension of travel period or reservation date will not be permitted
• Cannot be combined with any other offers
• Extension of travel period or reservation date will not be permitted
• Air travel will be exclusively on flights sold by Transat.
• Reservation is subject to availability of Air Transat at time of reservation.
• Airport fees, custom duties, entry fees, tourist cards, surcharges, insurance charges, personal expenses and travel documentation are not included in the prize.
• Transat/SellOffVacations strongly recommends that travel insurance be purchased at time of reservation as a measure of added protection. 
• All travel documentation that may be required (visa, passports, etc.) are the winner’s and his/her travel companion’s responsibility and must be obtained prior to departure.
• Any lost or stolen prize will not be replaced.

PRIZE SUBSTITUTION

The Prize awarded, 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 SellOffVacations in its sole discretion. SellOffVacations 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

On August 7, 2019 at 2:00 p.m. EDT (“Winner Selection Date”) at the SellOffVacations head office in Toronto located at 27 Fasken Drive, 2 (two) eligible entrants will be randomly selected as the potential winners of each Prize.

The selected entrant will be contacted by a representative of SellOffVacations within twenty-four (24) hours of the Winner Selection Date by telephone and/or email (the method selected in SellOffVacations’ sole discretion), as provided by the entrant in his or her Contest entry form. SellOffVacations is not responsible for false, incorrect, changed, incomplete or illegible contact information. Notification is deemed to have occurred immediately upon sending of an email or placing a phone call.

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 SellOffVacations’ 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:

1. the selected entrants must correctly answer, unaided, a time-limited skill-testing mathematical question during a prearranged telephone call; and
2. the selected entrant must sign and return to SellOffVacations a standard form Declaration and Release (the “Release Form”) confirming compliance with the Contest Rules, acceptance of the Prize as awarded and releasing SellOffVacations, 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.  The selected entrant is responsible for obtaining and returning signed copies of the Release Form from his or her guest.  In the event the selected entrant’s guest is a minor, the parent or legal guardian of the minor must sign the Release Form on behalf of the minor.  If the selected entrant is not the parent or legal guardian of the minor, the parent or legal guardian of the minor must consent to the designated accompanying adult in taking part in the Prize.

In the event that the selected entrant fails to answer the mathematical question correctly, does not return the signed Release Form as instructed by SellOffVacations 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.  SellOffVacations 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 SellOffVacations. By entering the Contest, each entrant, regardless of whether or not he or she is selected as the Prize winner, grants to SellOffVacations and its advertising and promotional agencies, and each of their respective affiliates and subsidiaries, the right to display, disclose, produce, reproduce, publish and/or republish, broadcast, communicate, exhibit, distribute, adapt, alter, use and/or reuse 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 and endorsements), in whole or in part, individually or in conjunction with other items for advertising and/or publicity purposes, throughout the world, in any and all media, now known or hereafter devised (including, but not limited to, print, video, television, website/internet and broadcast), in perpetuity, and without any obligation, notice, payment or compensation.  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.    

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 SellOffVacations 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 SellOffVacations 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 SellOffVacations’ email communications. Personal Information collected in connection with this Contest will be used by SellOffVacations in accordance with SellOffVacations’ privacy policy available at  http://www.selloffvacations.com/About-Us/Privacy-Policy.asp.

REPRESENTATIONS AND WARRANTIES OF ENTRANT

1.  If entrant submits any photos, videos, written materials and any other materials with his or her entry, by submitting an entry, entrant represents and warrants that his or her entry:
2. is his or her own original work;
3. does not contain material or images that is obscene, inappropriate, offensive, or defamatory;
4. does not violate or infringe upon the copyrights, trademarks, rights of privacy, publicity or other rights of any person or entity;
5. does not contain malicious code, such as viruses, timebombs, cancelbots, worms, Trojan horses or other potentially harmful programs or other material or information;
6. does not and will not violate any applicable law, statute, ordinance, rule or regulation; and
7. 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 SellOffVacations upon request.

 REPRESENTATIONS AND WARRANTIES OF SELLOFFVACATIONS

The Prize winner accepts the Prize “as is”.  SellOffVacations 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 SellOffVacations 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, SellOffVacations 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 SellOffVacations.

SellOffVacations further reserves the right to disqualify, from this Contest and future contests of SellOffVacations, any individual who tampers with or in any way corrupts the entry process. SellOffVacations may prohibit an entrant from participating in the Contest, future contests of SellOffVacations and/or winning a prize if, in SellOffVacations’ sole discretion, SellOffVacations 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 SellOffVacations 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, SellOffVacations 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 SellOffVacations shall have no liability and agrees to release, indemnify and hold harmless SellOffVacations 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.

SellOffVacations will not be responsible for lost, stolen, illegible, incomplete, inaccurate or destroyed entries, and all such entries are void. SellOffVacations 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 SELLOFFVACATIONS 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.

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 SellOffVacations 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. SellOffVacations’ 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 SellOffVacations’ sole and absolute discretion.