Rules

Merry in Mazatlán Vacation Giveaway

(the “Contest”)

Official Rules and Regulations (the “Contest Rules”)

ELIGIBILITY 

The Contest is open to legal residents of 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).

THE CONTEST PERIOD

The Contest entry period commences at 5 p.m. EST on Monday, November 17, 2019 and concludes at 11:59 p.m. EST on Monday, December 1, 2019 (the “Contest Period”).

HOW TO ENTER 

NO PURCHASE NECESSARY.  During the Contest Period visit https://bit.ly/2O9hby8 (the “Website”), complete an online entry form in full, with your name, your email address and preferred gateway. 

Participants are permitted a maximum of one (1) entry per Contest. In the event that Sunwing receives more than the permitted number of entries from a Participant 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 is one (1) prize (“Prize”) to be won. The Prize consists of an all inclusive vacation for four (4) consisting of two adults and two children, which shall include the following:

• Roundtrip airfare, based on economy class, for four (4) persons consisting of two (2) adults (one of whom must be the winner) and two (2) children (under the age of 12) from any available Canadian gateway to Mazatlán , Mexico onboard a Sunwing Airlines operated flight
• 7 (seven) nights standard accommodations at the Riu Emerald Bay in a room based on quadruple occupancy
• All Inclusive meal plan while at the Riu Emerald Bay
• Land transfers between the airport and hotel in destination
• All hotel taxes and processing fees
• Taxes (including, but not limited to, departure taxes, air seat/airline taxes and applicable federal, provincial, municipal, state and/or local taxes)

The approximate value for one all inclusive vacation for four (4) to Riu Emerald Bay is $2,840 plus taxes. The approximate value of taxes is $450 per person, to be paid by the winner.

NOT INCLUDED IN YOUR SUNWING PRIZE

• Ground transportation not specifically mentioned above (including transportation to and from you and your guest(s)’ homes)
• Airport improvement fees
• Insurance (including, but not limited to, travel insurance, medical insurance and trip cancellation insurance)
• Connecting flights (including to the departure gateway city if you do not live near an available gateway)
• Sightseeing tours and other in-destination activities
• Travel related fees/surcharges
• Excess baggage fees
• Costs associated with obtaining travel documents (including, but not limited to passports and visas)
• Costs associated with obtaining necessary vaccinations
• Items of personal nature
• Additional meals
• Room upgrade
• Tips & gratuities
• In-room movies

LIMITATION AND RULES & REGULATIONS

• You accept the prize “as is” otherwise it will be forfeited
• Travel is valid until November 30, 2020 (the “Travel Period”)
• Travel is subject to availability and must be requested a minimum of four (4) weeks prior to the requested departure date
• Blackout periods apply, including without limitation: Nov 21-28, Dec 17-Jan 04, Jan 18-25, Feb 12 – 22, March 11-15, Apr 8-22 , May 23-30, June 27-July 4 and Aug 01-31 subject to availability
• If you are unable to travel during the Travel Period, you will be required to forfeit the prize and an alternate winner may be selected at Sunwing’s sole discretion
• Once the reservation is made, they cannot be changed
• As Sunwing Airlines does not operate year-round in many Canadian gateways and Sunwing Airlines has stopped flying for the season out of your closest Canadian gateway for your requested travel dates- it is left at your responsibility (the prize winner) to make your way to the next closest Canadian gateway with operating flights for your requested departure dates
• All reservations are subject to the terms and conditions set out in Sunwing’s brochure or located on Sunwing’s website located at www.sunwing.ca
• You and your travel guest(s) must be in possession of a valid passport and other necessary travel documents upon selection, which documents must be valid prior to, and for the duration of the trip. Failure to obtain necessary travel documentation will result in forfeiture of the prize
• Any lost or stolen, travel vouchers or certificates will not be replaced
• All airline tickets are subject to flight variations, work stoppage, and schedule or route changes
• Sunwing reserves the right to structure travel routes and select hotels in its sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight except at the sole discretion of Sunwing
• If the prize, or any portion thereof, is unused, it cannot be carried forward and will be forfeit
• Elements of the prize (including, without limitation, airfare and lodging) may not be used towards frequent flyer miles or other loyalty programs
• You and your guest must comply with all applicable laws, including but not limited to, all local laws while in destination

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

On Wednesday, December 4, 2019 at 10:00 a.m. EST (“Winner Selection Date”) at the offices of Sunwing located at 27 Fasken Drive, Toronto, Ontario, a Sunwing representative will randomly select one (1) entrant and will make an announcement on https://bit.ly/2O9hby8 on Friday, December 6, 2019 at 10:00 a.m. EST. Odds of winning depend on the total number of eligible entries received during the Contest Period.

The selected entrant will be contacted by a representative of Sunwing within twenty-four (24) hours of the Winner Selection Date by telephone and/or email (the method selected in Sunwing’s sole discretion), 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 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 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:

1.  The selected entrant must correctly answer, unaided, a time-limited skill-testing mathematical question during a prearranged telephone call; and
2. The selected entrant and his or her guest must each 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.  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 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

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 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 the 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 are 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 Merry in Mazatlán Vacation Giveaway 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.