DECADE OF MEMORIES SWEEPSTAKE (the “Sweepstake”) –
TERMS AND CONDITIONS
NO PURCHASE NECESSARY. SEE BELOW FOR FULL SWEEPSTAKE DETAILS. PARTICIPATION IN THIS CONTEST CONSTITUTES YOUR FULL AND UNCONDITIONAL ACCEPTANCE OF, AND AGREEMENT TO BE LEGALLY BOUND BY THESE SWEEPSTAKE RULES (“Sweepstake Rules”)
The Sweepstake begins at 9:00 am Pacific Time (PT) on November 1, 2018, and closes on December 13, 2018, at 11:59 pm PT (the “Contest Period”).
The Sweepstake is open to legal residents of countries where laws do not prohibit individuals from entering such contests or sweepstakes (excluding residents from Quebec, Canada) who have reached the age of 21 at the date of entry. Individuals from countries where laws prohibit individuals from entering such sweepstakes cannot participate. Participants in this Sweepstake must have a valid email account to be eligible. If you do not agree with each and every provision of the Sweepstake Rules, you may not participate in the Sweepstake.
Directors, officers, or employees of Flytographer Enterprises Ltd. (“Flytographer”) and Sweepstake sponsors, their affiliates, subsidiaries, related companies, advertising and promotional agencies, and the household members and/or the immediate family of any of the above are not eligible to participate in the Sweepstake. For the purpose of these Sweepstake Rules, “immediate family” means spouse, mother, father, brother, sister, son and daughter, whether or not they reside in the same household.
HOW TO ENTER
No purchase necessary. Visit the Sweepstake Entry Page www.flytographer.com/decadeofmemories, then complete and submit the online entry form with your full name, email address, and country information during the Contest Period. By entering the Sweepstake you are opting in to receive promotional updates from Flytographer and the Sweepstake sponsors. Entrants can opt out from promotional updates at any time. Entrants are entitled to receive additional entries for:
- sharing contest to Flytographer’s Instagram account (x1)
- sharing contest to individual sponsor Instagram accounts (x1 per sponsor). Including Here, Afar media, Fairmont hotels and Mixbook.
- or by visiting Flytographer’s Facebook account (x1).
DRAW AND WINNER SELECTION
One (1) eligible winner will be selected at a random draw from all eligible email entries received during the Contest Period. The random draw will be made within forty-eight (48) hours from the end of the Contest Period. The odds of winning depend on the number of eligible entries received.
Within twenty-four (24) hours of the random draw, the selected entrant will be notified by email at the email address provided. To win the prize, the selected entrant must: (1) comply with the Sweepstakes Rules; and (2) upon notification, correctly answer, unaided by any other person, a time-limited, mathematical, skill-testing question administered by Flytographer. In the event that the selected entrant is unable to answer the question, cannot be reached within forty-eight (48) hours of the notification date, or otherwise does not meet all Sweepstake conditions, his/her prize will be forfeited and Flytographer will award the prize (subject to these Sweepstake Rules) to another selected entrant drawn at random from the remaining eligible entries.
Flytographer shall have the right at any time to require proof of identity and eligibility to participate in the Sweepstake. Failure to promptly provide such proof may result in disqualification. All personal and other information requested by and supplied to Flytographer for the purpose of this Sweepstake must be truthful, complete, accurate and in no way misleading. Flytographer reserves the right in their sole discretion, to disqualify any entrant, should an entrant at any stage supply untruthful, incomplete, inaccurate or misleading personal and other information.
There is one (1) prize package available to be won, consisting of:
- 1 night per year for 10 years at select Fairmont/Accor Hotels properties.
- Air Canada Gift Card – $1000USD
- Mixbook – $500USD gift certificate for photo books, cards, home decor, and more.
- HERE/AWAY: Here Magazine Issue No. 06 and an Away Carry-On.
- A Two-Year subscription to AFAR Magazine.
- 10 1-hour vacation photoshoots courtesy of Flytographer.
Total approximate retail value of all prize elements: $10,000 USD (approximate value would fluctuate based on currency exchange rates and year of usage). Prizing is a one-time prize only.
Prizes must be accepted as awarded and are not transferable or convertible to cash. No substitutions except at Flytographer’s option. Flytographer reserves the right to substitute a prize or a prize component with one of equal or greater value, including without limitation, but solely in the Flytographer’s discretion, a cash award.
Prize redemption is subject to the following terms and conditions of the Sweepstake promotional partners:
Fairmont / Accor Terms
10 ovations rewards certificates.
Ovation Rewards certificates never expire, and each entitles the recipient to:
- Each certificate is for one night for two people in specified room type, at participating hotels in eligible Collection(s) specified. Last room availability for the type of room specified.
- Guest can choose to upgrade room category and/or collection for an additional fee
- Full breakfast for two the following day in the hotel’s all-day dining restaurant
- Excludes buffets, alcoholic beverages and in-room dining
- Excludes gratuities, taxes and resort fees (where applicable) associated with these inclusions.
- Recipients can choose to stay at any one of our participating hotels listing within Collection C (also includes Collections A & B hotels)
- Collections can be viewed at http://ovationrewards.com/collections/
- Program Terms and Conditions can be viewed at: http://ovationrewards.com/terms-conditions/
- Participating hotels are subject to change without notice, for the most current collection listing please visit: ovationrewards.com/collections
- Certificate Terms and Conditions can be found on the backs of each certificate.
- More than one night may be redeemed per year.
Note: Inclusions are the same whether a guest chooses to stay with or without a guest. Single guests are not entitled to additional services or money back. Reservations are subject to hotel minimum stay requirements (where applicable), and the hotel’s cancellation policy.
Information about Fairmont Ovation Rewards program can be found at: http://ovationrewards.com/.
Air Canada Gift Card (“Gift Card”) terms:
The Gift Card is redeemable online at Air Canada website for purchase of air travel & ancillary services only offered by Air Canada (“AC”). The Gift Card may be used with only one other form of payment on a single purchase. Only 1 form of payment accepted for additional purchases on an existing booking. Not refundable/redeemable for cash, except where required by law. Use of Card constitutes acceptance of all Terms & Conditions (“T&Cs”) of the Gift Card. AC reserves the right to change T&Cs without notice. Redemption constitutes acceptance of all AC Terms and Conditions, visit aircanada.com/giftcard.
Valid online only for $500USD from Mixbook.com. Not refundable/redeemable for cash. Gift card cannot be transferred for value or resold.
An Away Bigger Carry-On from Away to be redeemed by providing name and mailing address to an Away representative. Redemption constitutes acceptance of all AWAY/HERE Terms & Conditions: https://www.awaytravel.com/terms
A two-year subscription (twelve (12) issues) to AFAR Magazine to be redeemed by providing name and mailing address to an AFAR representative. Redemption constitutes acceptance of all AFAR Terms & Conditions.
Flytographer redemption terms:
Ten 1-hour photo shoot credits (“Shoot Credits”) can only be redeemed at Flytographer.com. More than one Shoot Credit may be redeemed per year. Shoot Credits cannot be combined with any other offers. Shoot Credits expire the earlier of 10 years from the date issued or upon the use of all ten Shoot Credits. Redemption constitutes acceptance of Flytographer Terms and Conditions
PRIVACY / USE OF PERSONAL INFORMATION
By participating in the Sweepstake, you consent to Flytographer’s collection, use and disclosure of your e-mail address (your “Personal Information”) provided in the entry form for the purpose of administering the Sweepstake, including but not limited to contacting and announcing the Sweepstake winners, and to receive exclusive offers and hotels deals from Flytographer. You also consent to Flytographer sharing your Personal Information with Sweepstake sponsors. Flytographer will use your Personal Information only for the identified purposes.
By accepting the Prize, the winner consents to the use of their name, city and/or province of residence, photograph, voice, image, likeness, biographical information and information about the prize, for any publicity or programming purposes, commercial or otherwise, throughout the world in any and all media used by Flytographer, the Sweepstake sponsors, their advertising agencies, each of their affiliates, subsidiaries and related companies in connection with the Sweepstake, without payment or compensation. The personal information collected in connection with the administration of this Sweepstake will be managed in accordance with Flytographer’s privacy statement which is available at https://www.flytographer.com/privacy-policy .
By participating in the Sweepstake, you agree to release and hold harmless Flytographer, the Sweepstake sponsors, and each of their affiliates, subsidiaries, related companies and all of their respective directors, officers, owners, partners, employees, agents, representatives, successors and assigns (collectively the “Releasees”), who shall have no liability and will be released and held harmless from any claim, action, liability, loss, injury or damage, including, without limitation, personal injury or death to winner or any third party or damage to personal or real property due in whole or in part, directly or indirectly, by any reason, including the acceptance, possession, use or misuse of the prize and/or participation in this Sweepstake.
LIMITATIONS OF LIABILITY
To the extent permitted by law, Flytographer is not responsible or liable, jointly or severally, for any of the following: (1) lost, late, misdirected, invalid or incomplete entries, notifications, responses, replies or Releases; (2) computer, online, telephone, hardware, software or technical malfunctions that may occur, including but not limited to malfunctions that may affect the transmission or non-transmission of an entry; or (3) incorrect or inaccurate information (including entrants’ e-mail addresses), whether caused by entrants or by any of the equipment or programming associated with or utilized in the Sweepstake or by any technical or human error which may occur in the administration of the Sweepstake; or (4) damages to a participant’s to a participant’s or other person’s system occasioned by participation or downloading of materials in this Sweepstake.
Flytographer reserves the right, in its sole discretion, to withdraw, cancel, modify, amend, suspend or terminate the Sweepstake (including these Sweepstake Rules), in whole or in part, in any way, at any time, for any reason (including reasons beyond the control of Flytographer), without prior notice or any liability to any person. By participating in the Sweepstake, you acknowledge and signify that you have read, understood and agreed to be bound by these Sweepstake Rules, which are posted on www.flytographer.com and made available by Flytographer throughout the Sweepstake Period.
Flytographer reserves the right, in its sole discretion, to disqualify any entrant from the Sweepstakes and any future contest or promotion conducted by Flytographer where the entrant is found to be: (1) violating the Sweepstake Rules; (2) tampering or attempting to tamper with the entry process or the operation of the Sweepstake; (3) violating the terms of service, conditions or use and/or general rules or guidelines of any Flytographer property or service; and/or (4) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Caution: any attempt to deliberately damage www.flytographer.com or undermine the legitimate operation of the Sweepstake may be a violation of criminal and civil laws. Should such an attempt be made, Flytographer reserves the right to seek remedies and damages including but not limited to criminal prosecution.
All decisions of Flytographer and the Sweepstake judging organization, as the case may be, are final and binding in all matters relating to this Sweepstake. If, as a result of an error relating to the entry process, drawing or any other aspect of the Sweepstake, there are more potential winners of prizes than contemplated in the Sweepstake Rules, there will be a random draw amongst all eligible prize claimants after the Sweepstake closing date to award the prize.
In the event of a dispute regarding who submitted an online entry, the entry will be deemed submitted 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 that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. A selected entrant may be required to provide Flytographer with proof that he/she is the authorized account holder of the e-mail address associated with the selected entry. Anyone found to be using multiple accounts to enter will be disqualified.
LAW AND DISPUTES
All issues and questions concerning the construction, validity, interpretation and enforceability of the Sweepstake Rules or the rights and obligations as between you and Flytographer in connection with the Sweepstake shall be governed by and construed in accordance with the laws of the province of British Columbia including procedural provisions without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction’s laws. Any dispute between any person and any of the Flytographer arising from, connected with or relating to the Sweepstake, the prizes, the use or misuse of entrants’ Personal Information, or any related matters (collectively, the “Disputes”) must be resolved before the courts of British Columbia sitting in the City of Vancouver. Entrants hereby irrevocably submit to the original and exclusive jurisdiction of those courts in respect of all Disputes. Proceedings regarding Disputes must be commenced in a court of competent jurisdiction in the City of Vancouver, British Columbia within one (1) year after the Dispute arose, after which time any and all proceedings regarding the Dispute are barred.
In the event of any discrepancy or inconsistency between these Sweepstakes Rules and other statements contained in any Sweepstake-related materials, including but not limited to the Sweepstake entry form, point of sale, television, print or online advertising, these Official Rules shall prevail and govern.