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America’s Musical Journey Sweepstakes - Official Rules
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America’s Musical Journey Sweepstakes

OFFICIAL RULES

Void outside of Canada and where prohibited.

 

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.

  1. SWEEPSTAKES PERIOD:  The America’s Musical Journey Sweepstakes (the “Sweepstakes”) starts June 22, 2018 at 12:00:00 AM Eastern Standard Time (“EST”) and ends July 15, 2018 at 11:59:59 PM EST (the "Sweepstakes Period").
  2. ELIGIBILITY: Participants must be a legal resident of Canada (including Quebec), twenty-one (21) years of age or older at time of entry. The Sweepstakes may only be entered in or from Canada. Entries originating from any other jurisdiction are not eligible for entry. You are not authorized to participate in this Sweepstakes if you are not located within Canada.  Employees, officers, directors (and their immediate families and those living in their same household) of Travel Promotion dba Brand USA ("Sponsor"), Ogilvy Public Relations, Mosaic Sales Solutions, LLC, Air Canada, Ontario Science Centre, an agency of the Government of Ontario, TimeZoneOne and their respective parent companies, subsidiaries, affiliates, retailers, distributors, suppliers, advertising, promotion, and production agencies are not eligible to participate or win. Participation in this Sweepstakes is subject to these Official Rules. Void where prohibited.
  3. how to ENTER: During the Sweepstakes Period, go to AmericasMusicalJourney.ca  (the “Website”) and follow the instructions provided to complete the registration form. Enter your full name, country of residence, email address, and age and confirm acceptance of the Official Rules. Upon completing all of the required fields follow the on-screen instructions to submit your entry, to receive one (1) entry into the Sweepstakes.

Limit one (1) entry per person for the duration of the Sweepstakes Period. Multiple entries received from any person or e-mail address after the first entry received from that person or email address will be void. Entries generated by script, macro or other automated or mechanical means or means which subvert the entry process will be void. All entries become the property of Sponsor and will not be acknowledged or returned.

  1. RANDOM SWEEPSTAKES DRAW: One (1) potential winner will be selected in a random drawing to occur on/about July 16, 2018 at Mosaic Sales Solutions, LLC’s offices in Chicago, IL from all eligible entries received throughout the Sweepstakes Period. The Sponsor’s decisions are final on all matters relating to this Sweepstakes.Odds of winning depend upon the number of eligible entries received during the Sweepstakes Period.  
  2. WINNER NOTIFICATION: Potential winner will be notified via email within 1 to 4 working days after the random drawing is conducted. Potential winner must contact the Sponsor within seven (7) days of notification in order to claim prize. Failure of the potential winner to contact the Sponsor within the above stated deadline, return winner’s documents within the applicable deadline or return of any prize notification as undeliverable may result in disqualification and selection of an alternate winner solely at Sponsor's discretion. If the potential winner cannot be reached or does not respond within specified time frame, is found to be ineligible, or declines to accept the prize, the potential winner may be disqualified in Sponsor’s sole discretion, and in such case Sponsor may select an alternate potential winner in a random drawing from remaining eligible entries. 
  3. CONDITIONS OF ENTRY: By entering and accepting these Official Rules, entrants acknowledge compliance with these Official Rules, including all eligibility requirements.  To be valid, each entry must contain all of the required information.  Unless fault of negligence by Sponsor, Sponsor and is not responsible for lost, late, incomplete, invalid, unintelligible, delays or inaccuracies in processing entries due to computer error or malfunction, which will be disqualified. Sponsor is not responsible for incorrect or inaccurate transcription of entry information, human, printing or other errors, technical malfunctions, or any other error or malfunction outside of its control. In the event of a dispute as to any entry, the authorized account holder of the email address submitted upon entry will be deemed to be the entrant and he/she must comply with these Official Rules. Potential winner may be required to show proof of being the authorized account holder of the email address associated with said entry. In the event of circumstances beyond the reasonable control of the Sponsor, the Sponsor reserves the right to amend, delay or cancel this promotion. In the unlikely event that this Sweepstakes is cancelled, Sponsor reserves the right to conduct a random drawing to award the prize from among all eligible, non-suspect, entries received for the drawing prior to the time of the action or event warranting such cancellation.
  4. PRIZE:

One (1) Grand Prize is available. The Grand Prize consists of:

a) two (2) CAD1,600 Air Canada travel vouchers; and
b)
CAD2,500 spending money.

The total Approximate Value of Grand Prize is CAD5,700  

Air Canada travel vouchers are valid for Economy Class airfare for two (2) from Canada to the United States on Air Canada, Air Canada Express or Air Canada rouge flights only. Flights are subject to availability at the time of booking, and the trip must end no later than July 31, 2019.  Winner and his/her guest are responsible to pay all applicable fees, such as airport and departure taxes, security duty or other taxes or fees imposed by third parties.  Voucher can not be assigned, refunded or cashed. The accumulation of miles as part of a loyalty program is not permitted. Use of eUpgrade Credits is not permitted.  Certain restrictions and blackout dates apply.  Additional terms and conditions apply and will be provided to the confirmed winner. Winner and his/her guest will be responsible for obtaining all required travel documents (e.g., passport, visa, valid photo ID) prior to travel.  Winner is solely responsible for any and all expenses and incidental travel costs not expressly stated in the prize description herein, including but not limited to ground transfers between winner’s residence and airport of departure, ground transportation, meals and beverages, gratuities, travel upgrades, baggage fees and personal incidentals. Sponsor shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carrier or any other persons providing any of these services and accommodations to passengers including any results thereof such as changes in services or accommodations necessitated by same. Sponsor shall not be liable for any loss or damage to baggage. If a winner becomes disabled or cannot otherwise fully enjoy the prize due to illness, Sponsor shall have the option at its sole discretion of being relieved of liability for fulfillment of the prize and no other compensation in lieu of the prize will be awarded. Winners are responsible for obtaining their own medical and life insurance and the associated costs. All travel is subject to any and all restrictions instituted by the U.S. Department of Defense and/or Department of Homeland Security, as required.

No transfer, substitution, or cash equivalent for prize is allowed, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize, in whole or in part, of equal or greater monetary value if a prize cannot be awarded, in whole or in part, as described for any reason.  Value is subject to market conditions, which can fluctuate and any difference between Actual Market Value and Approximate Retail Value will not be awarded. Sweepstakes Entities have not made and are not making, and Sweepstakes Entities are not responsible in any manner for any warranties, representations, or guarantees, express or implied, in fact or law, relating to the prize, or regarding the use, value or enjoyment of the prize, including, without limitation, its quality, mechanical condition, merchantability, or fitness for a particular purpose, with the exception of any standard manufacturer's warranty that may apply to the prize or any components thereto.    

All federal, regional, provincial and local taxes (including income and withholding taxes), if any, as well as any other costs and expenses associated with prize acceptance and use not specified herein as being provided are the Winner’s responsibility, regardless of whether a prize is used in whole or in part. All prize details are at the Sponsor's sole discretion.

  1. HOW TO CLAIM YOUR PRIZE:  Potential winner will be contacted by email at the email provided with the entry, with instructions on how to claim the prize. Potential Winner must execute and return a Declaration of Eligibility, a Liability Release, and, where lawful, a publicity release, within seven (7) business days from the time it is time stamped as being sent by Sponsor or its representative, or the prize will be forfeited and, at the Sponsor’s sole discretion, the prize may be awarded to an alternate winner. Additionally, the potential winner must correctly answer a mathematical skill-testing question without mechanical or other aid (which may, in the sole and absolute discretion of the Sponsor, be administered online, by email or other electronic means, by telephone, or in the Sponsor’s form of declaration and release).  If a potential winner is found to be ineligible or not in compliance with these Official Rules, declines to accept a prize, fails to answer the mathematical skill testing question correctly, or Sponsor is unable to contact a potential winner within seven (7) business days, or in the event that a prize notification or prize is returned undeliverable, the prize will be forfeited and, at the Sponsor’s sole discretion, prize may be awarded to an alternate potential winner. Sponsor may select up to three (3) alternate prize winners; thereafter, if a potential prize winner cannot be verified in accordance with these Official Rules, the prize will not be awarded.  Potential winners may be required to furnish proof of identification.

Any unclaimed prize will not be awarded.  The Sponsor is not responsible for any change of mailing address, email address, and/or telephone number of entrants.

By accepting a prize, winner agrees and consents to the use of his/her name, address (city and region of residence), voice, and statements relating to the Sweepstakes or Sponsor, and photographs or other likenesses, without further compensation, notification or permission in any publicity or advertising carried out by Sponsor or any related entities in any and all media now known or hereinafter developed, including the internet, without territorial or time limitation, except where prohibited by law.

Personal data collected during the course of the Sweepstakes including, but not limited to, name, mailing address, phone number, and email address will only be used for the purpose of administering the Sweepstakes. This does not affect any other consents provided. This data may also be used by Sponsor to verify an entrant’s identity, postal address and telephone number in the event they are deemed a potential prize winner. Your information may also be transferred to countries outside of your jurisdiction of residence, including the United States. Such other countries may not have privacy laws and regulations that provide the same level of protection to those that exist in France. By providing any data in connection with the Sweepstakes, entrants hereby expressly consent to such transfers of your data to the United States or other countries. Entrants have the right to review, rectify or cancel any personal data held by Sponsor by sending an email to [email protected]. As a condition of entering, entrants agree (and agree to confirm in writing): TO INDEMNIFY AND HOLD HARMLESS RELEASEES FROM ANY CLAIMS, ACTIONS, LOSSES, LIABILITIES, COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES), INJURY, LOSS OR DAMAGES OF ANY KIND (COLLECTIVELY, “CLAIMS”), RESULTING FROM PARTICIPATING IN THE SWEEPSTAKES OR ANY CLAIMS ARISING FROM THE ACCEPTANCE, POSSESSION, OR USE OR MISUSE OF THE PRIZE AWARDED OR PARTICIPATION IN ANY PRIZE-RELATED ACTIVITY (UNLESS FAULT OR NEGLIGENCE BY SPONSOR OR A RELEASEE). THIS LIMITATION OF LIABILITY IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; LOSS OR DAMAGE TO PROPERTY; AND CLAIMS BROUGHT BY THIRD PARTIES. ENTRANTS AGREE THAT RELEASEES HAVE NOT MADE NOR ARE IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION, OR GUARANTEE, STATUTORY, EXPRESS OR IMPLIED (INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE), IN FACT OR IN LAW, RELATIVE TO THE SWEEPSTAKES OR THE PRIZE AWARDED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, RELEASEES DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE WEBSITE OR ANY PROMOTIONAL WEBSITE AND RELEASEES SHALL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS RELATED THERETO. THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS, AND NOTHING IN THESE OFFICIAL RULES SHALL EXCLUDE OR LIMIT IN ANY WAY ANY ENTITY'S LIABILITY FOR PERSONAL INJURY OR DEATH CAUSED BY ITS NEGLIGENCE, FOR FRAUD OR FOR ANY OTHER WHERE LIABILITY MAY NOT AS A MATTER OF LAW BE LIMITED. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of such term or any other provision. Sponsor reserves the right to disqualify any entrant who violates these Official Rules, any other rules, guidance or instructions set out by the Sponsor in promotional material relating to the Sweepstakes or interferes with the Sweepstakes in any manner. If an entrant is disqualified, Sponsor reserves the right to terminate such entrant’s eligibility to participate in the Sweepstakes. Any attempt by an individual to access any website associated with the Sweepstakes via a bot script or other brute force attack or any other unauthorized means will result in that individual’s IP address and all entries from that IP address becoming ineligible. Use of automated entry devices or programs is prohibited. Without limiting the generality of the foregoing, each entrant agrees to release and hold harmless the Sweepstakes Entities from and against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property related cause of action that relate in any way to the Entry.

  1. GENERAL RULES: By entering, entrants consent to release and hold harmless the Sponsor, Ogilvy Public Relations, Mosaic Sales Solutions, LLC, Air Canada, Ontario Science Centre, an agency of the Government of Ontario, TimeZoneOne, prize providers, their respective affiliates, subsidiaries, partners, agencies and employees of these companies and their respective employees, directors, officers, shareholders, agents, successors and assigns (collectively, the “Releasees”) from and against any and all claims, actions, demands, liabilities, damages, injuries, losses and costs, expenses and damages of any kind, that may result from participation in the promotion or acceptance of a prize award, including any travel related thereto. By accepting a prize, entrants grant permission to use their name, address (city, province), photos, descriptions of their person, likeness, statements, and biographical information without limitation, for advertising and publicity purposes, worldwide in any media known to date or to be developed in the future, without further compensation or notice, for a duration of ten years, except where prohibited by law. Unless fault of negligence, Sponsor, all promotional agencies, prize providers, affiliates, agents and representatives are not responsible for any lost, stolen or otherwise unaccounted for entries that may arise from technical errors in hardware and software programs and or misdirected, illegible or damaged entries.
  1. The Sweepstakes Entities are not responsible for late, lost, damaged, stolen, misdirected, mutilated, garbled, illegible, or incomplete submissions of requests/entries. Proof of transmission (screenshots or captures, etc.) does not constitute proof of delivery.
  2. Sponsor reserves the right to disqualify any entrant's registration in the Sweepstakes (and void all associated entries) or entitlement to a prize if, in the sole discretion of the Sponsor, it determines or suspects that the entrant has attempted to undermine the legitimate operation of the Sweepstakes by tampering, cheating, hacking, deception, or other fraudulent, deceptive or unfair playing practices (including any entries or points generated by script, macro, robotic, programmed, or any other automated means or any other means which subvert the entry process).
  3. Entrants agree that the conditions of submission set forth in these Official Rules, and all documents and agreements incorporated in these Official Rules by reference, solely govern the relationship between entrants and Sponsor in connection with this Sweepstakes. Entrants agree to waive any right to claim ambiguity in these Official Rules. Sponsor may use third parties to facilitate one or more elements of the Sweepstakes. These third-party service providers are subject to confidentiality agreements with Sponsor and other legal restrictions that prohibit the use of the information Sponsor provides them for any other purpose except to facilitate the specific outsourced Sponsor related operation.
  4. All issues and questions concerning the construction, validity, interpretation and enforceability of the Sweepstakes Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of Canada, without regard to any other conflicts of law principles. All entrants consent to the jurisdiction and venue of the federal, regional, provincial and local courts of Canada.  
  5. For residents of Québec, any litigation respecting the conduct or organization of this publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of the prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.
  6. Sponsor reserves the right in its sole discretion to cancel, modify and/or suspend this Sweepstakes at any time if fraud, technical failures, including any network server or hardware failure, viruses, bugs, errors in programming, or any other errors or other causes (such as force majeure events) impairs the administration, security, integrity or proper play of the Sweepstakes. In the event of cancellation, Sponsor reserves the right in its sole discretion, to randomly select the winners from among all eligible, non-suspect entries received up to time of such cancellation. In no event will the Sponsor be liable for more than the stated number of prizes in these Official Rules.
  7. The Releasees do not warrant that access to the Sweepstakes will be uninterrupted. The Sweepstakes Entities are not responsible for any problems that may arise, including but not limited to: (a) lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, websites, or other connection, availability or accessibility problems arising in connection with or over the course of the Sweepstakes; or (b) communications failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions or hardware or software malfunctions, failures or difficulties; or (c) failure of personal computers and/or software and hardware configurations, any technical malfunctions, failures, or difficulties, printing errors, clerical, typographical or other error in connection with the administration of the Sweepstakes, the processing of points or entries, or the offering or announcement of any prize or in any winner notification documents; or (d) for any other errors of any kind relating to or in connection with the Sweepstakes, whether human, mechanical, clerical, electronic, or technical in nature; or (e) the incorrect or inaccurate capture of information, or the failure to capture any information in connection with the Sweepstakes; or (f) damage to a user's system occasioned by participation in this Sweepstakes or downloading any information necessary to participate in this Sweepstakes. The Sweepstakes Entities are also not responsible for lost, late, delayed, garbled, stolen, incomplete, misdirected, illegible, damaged or undelivered mail, email, or entries. Proof of transmission (screenshots, etc.) does not constitute proof of delivery.
  8. Notwithstanding anything elsewhere in these Official Rules, no person’s or entity’s liability for death or personal injury caused by its negligence shall be limited in any way, and nor shall their ability for fraud or for any other matter where liability may not as a matter of law be limited or excluded. Where these Official Rules provide for discretion exercisable by a Releasee that could otherwise be capable of causing a significant imbalance in the parties’ rights and obligation hereunder, to the detriment of a consumer and contrary to the requirement of good faith, shall be exercised reasonably and in good faith.
  9. In the event of any conflict with any Sweepstakes details contained in these Official Rules and Sweepstakes details contained in Sweepstakes Materials (including but not limited to point of sale, television, and print advertising, promotional packaging, and other promotion media), the details of the Sweepstakes as set forth in these Official Rules shall prevail.
  10. This Sweepstakes is subject to all applicable federal, regional, and provincial and laws.
  11. The winner’s list for the Sweepstakes will be posted at the Website and updated online after the prize has been awarded.
  12. Information collected from entrant is subject to Sponsor’s Privacy Policy.  To review Sponsor’s privacy policy, please visit www.thebrandusa.com/ to see how we use personal information obtained in connection with this Sweepstakes. Winner’s name may be included in a publicly available winners list.