СОNTEST RULES & REGULATIONS
1. Eligibility: The Cape Resort Giveaway is open to legal residents of Ontario who sign up at TheCapeResort.com. Entrants must be [18 years old] as of their date of entry in this promotion in order to qualify. The Cape Resort Giveaway is subject to federal, provincial, and local laws and regulations and void where prohibited by law. TheCapeResort.com employees, its subsidiaries, affiliates, suppliers, partners, advertising and promotion agencies, and directors (collectively the “Employees”), as well as members of an Employees’ immediate family and/or those living in the same household of Employees are ineligible to participate in The Cape Resort Giveaway.
2. Sponsorship: The sponsor is TheCapeResort.com O/A Discovery Ontario. (“Sponsor”), located in Orillia. Sponsor will conduct The Cape Resort Giveaway substantially as described in these Official Rules.
3. Agreement to Rules: The Cape Resort Giveaway, the Entrant (“You”) agrees to abide by the Sponsor’s Official Rules and decisions, which are fully and unconditionally binding in all respects. The Sponsor reserves the right to refuse, withdraw, or disqualify any entry at any time at the Sponsor’s sole discretion. By entering The Cape Resort Giveaway the “You” represents and warrants that You are eligible to participate based on eligibility requirements explained in the Official Rules. You also agree to accept the Sponsor’s decisions as final and binding as it relates to the content of The Cape Resort Giveaway.
4. The Cape Resort Giveaway Entry Period: This promotion begins on January 21, 2023, at 10:00am EST and ends on May 31, 2023, at 5:00pm (“Entry Period”). To be eligible for The Cape Resort Giveaway, entries must be received within this specified Entry Period.
5. How to Enter: Eligible entrants can enter The Cape Resort Giveaway by physical ballot or by submitting an entry via the online form provided at TheCapeResort.com as well as signing up for The Cape Resorts mailing list (link available on entry page). As a participant, your entry must fully meet all The Cape Resort Giveaway requirements, as specified in the Official Rules, in order to be eligible to win a prize. Incomplete entries or those that do not adhere to the Official Rules or specifications will be disqualified at the Sponsor’s sole discretion. Entrants must be of legal Ontario drinking age and no minors shall consume alcohol on this vacation. Fraudulent methods of entry or circumvention of the rules may result in the Sponsor invalidating your entries and removing them from The Cape Resort Giveaway at the Sponsor’s sole discretion. Limitations may also occur to services and activities due to health and safety regulations.
6. Prizes: The Winner of The Cape Resort Giveaway (the “Winner”) will receive the following:
A free 2 night stay at The Cape Resort
Retail value: TBD
* Stay must be between Monday – Thursday
* Valid from Opening – September 31, 2024
* Dates must be approved and not conflict with existing bookings (excludes March Break and other holidays)
The actual/appraised prize value may differ at the time the prize is awarded. The prize(s) shall be determined solely by the Sponsor. There shall be no cash or other prize substitution permitted except at the Sponsor’s discretion. The prize is non-transferable. The Winner shall not transfer assignment of the prize to others nor shall the Winner request the cash equivalent or prize substitution. By accepting the prize, the selected Winner grants permission for the Sponsor to use the Winner’s likeness, entry, and name for purposes of advertising and trade without further compensation unless prohibited by law. The winner assumes all responsibility on alcohol consumption responsibly and will execute this prize safely and responsibly. The Cape Resort accepts no responsibility of actions that happen at the venue or as a result of the venue.
7. Selection and Notification of Winner: The Winner will be selected by TheCapeResort.com management. The Sponsor will notify the Winner(s) by email, phone, etc.] within a reasonable time frame of the giveaway close time. The Sponsor is not responsible for nor shall have no liability for Winner’s failure to receive notices due to email security settings that may cause notifications to be marked as spam or junk email. Nor shall be Sponsor be liable for the Winner’s provision of incorrect or otherwise non-functioning contact information. If the Winner 1) fails to claim the prize within 1 day (24 hours) from the time the award notification was sent, 2) is found ineligible, or 3) does not complete and return an executed declaration and release within the specified time frame, the prize may be forfeited and an alternate Winner may be selected. Receipt of the prize (offered in The Cape Resort Giveaway) by the Winner is upon the condition of compliance with any and all federal, provincial, and local laws and regulations. IF THE WINNER VIOLATES ANY OF THESE OFFICIAL RULES, THE WINNER (AT THE SPONSOR’S SOLE DISCRETION) WILL BE DISQUALIFIED, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
8. Rights Granted by You: By submitting an entry into The Cape Resort Giveaway, You understand and agree that the Sponsor, any individual acting on the Sponsor’s behalf, and the licensee’s successors, and assigns of the Sponsor shall, where permitted by law, have the right to print, publish, broadcast, distribute and use in any media known now or hereafter developed, in perpetuity, worldwide, and without limitation, your submission, name, photo, portrait, voice, likeness, image, statements about The Cape Resort Giveaway, and your biographical information for news, publicity, advertising, promotional purposes, trade, information, and public relations without any further notice, review, consent, compensation, or remuneration.
9. Terms & Conditions: In its sole discretion, the Sponsor reserves the right to modify, suspend, cancel, or terminate The Cape Resort Giveaway should non-authorized human intervention, a bug or virus, fraud, or other causes beyond the Sponsor’s control, impact or corrupt the security, fairness, proper conduct, or administration of The Cape Resort Giveaway. The Sponsor, in the event of any of the above issues, may determine the Winner based on all eligible entries received prior to and/or after (if appropriate) the action taken by the Sponsor. Individuals who tamper with or attempt to tamper with the operation or entry process of The Cape Resort Giveaway or website or violates these Terms & Conditions will be disqualified by the Sponsor in its sole discretion. In its sole discretion, the Sponsor has the right to maintain the integrity of The Cape Resort Giveaway, to void votes for any reason, including, but not limited to: use of bots, macros, scripts, or other technical means for entering. Attempts by any entrant to deliberately damage any website or undermine the legitimate operation of The Cape Resort Giveaway may be a violation of criminal and civil laws. If any such attempt is made, the Sponsor reserves the right to seek damages to the fullest extent permitted by law.
10. Limitation of Liability: Your entry into The Cape Resort Giveaway constitutes Your agreement to release and hold harmless the Sponsor and its subsidiaries, representatives, affiliates, partners, advertising and promotion agencies, successors, agents, assigns, directors, employees, and officers against and from any and all claims, liability, illness, injury, death, litigation, loss, or damages that may occur, directly or indirectly from participation in The Cape Resort Giveaway and/or the 1) Winner accepting, possessing, using, or misusing of any awarded prize or any portion thereof; 2) any type of technical failure; 3) the unavailability or inaccessibility of any transmissions, phone, or Internet service; 4) unauthorized intervention in any part of the entry process or the Promotion; 5) electronic error or human error in the Promotion administration or the processing of entries.
11. Disputes: The Cape Resort Giveaway IS GOVERNED BY THE LAWS OF Canada AND Ontario, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. The Entrant agrees, as a condition of participating in this promotion, that if any disputes cannot be resolved between the Entrant and the Sponsor, and if causes of action arise out of or are connected with The Cape Resort Giveaway, they shall be individually resolved exclusively before a court located in Ontario having jurisdiction, without resorting to any form of class action. Under no circumstances in any such dispute shall the participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than the participant’s actual out-of-pocket expenses (i.e. costs associated with entering The Cape Resort Giveaway). The participant waives all rights to have damages multiplied or increased.
13. Winners List: You may obtain a copy of the Winner’s name(s) or a copy of these Official Rules, by sending your request to the contact form.
14. The Cape Resort Giveaway hosted by TheCapeResort.com is in no way sponsored, endorsed, administered by, or associated with Facebook.
15. By using the signup form, You, the Entrant, have affirmatively reviewed, accepted, and agreed to all of the Official Rules.