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Official Rules

OFFICIAL CONTEST RULES
Comox to Puerto Vallarta, Like a Local Contest (the “Contest”) is being conducted by Comox Valley Airport (hereinafter referred to as the “Contest Sponsor”). WestJet, an Alberta partnership and the Krystal Grand Nuevo Vallarta are the prize suppliers (hereinafter referred to as the “Prize Supplier” or “Prize Suppliers”). The Contest Sponsor and the Prize Suppliers are referred to collectively herein as the “Released Parties”.
These Official Rules and Regulations (the “Rules”) shall be construed and evaluated in accordance with applicable Canadian law. Entry in this Contest constitutes each entrant’s acceptance of, and agreement to be legally bound by, the Rules.


ELIGIBILITY:
The Contest is open to listeners in the Comox radio catchment, residents of Canada in Vancouver Island, except Quebec residents, employees and immediate family members (and/or persons domiciled with) of Contest Sponsor and/or any employees or members of their affiliated companies, their advertising or promotional agencies, Prize Suppliers or affiliates. The winner must be a legal resident of Canada and must have reached the age of majority in their province of residence.


CONTEST:
The Contest opens October 23, 2023 at 12:01 AM PT and closes November 27, 2023 at 11:59 PM PT (the “Contest Period”).


HOW TO ENTER:
There is one (1) way to earn an Entry (“Entry”) in the Contest as follows:
1. Participants must:
- Use the internet to navigate to the webpage https11://www.885thebeach.com/ or https://www.thelounge999.com/ and click the thumbnail for the Comox to Puerto Vallarta contest where they can enter online.


PRIZE PACKAGE:
The prize available to be won (the “Prize”) consists of:
1. WestJet: one (1) roundtrip flight for two (2) guests from Comox to Puerto Vallarta on any regularly scheduled, marketed, and operated WestJet flight. The Prize holds no cash value. Fees, taxes and surcharges are not included, and blackout dates and other restrictions apply. See Schedule A for complete terms and conditions.


2. Krystal Grand Nuevo Vallarta: one (1) six (6) night stay / seven (7) day stay in Altitude Club Junior Suite with an all-inclusive plan for two (2) adults. Valid from August 31, 2023, to August 31, 2024.


The estimated potential retail value of the combined Prize is $5,219.20 CAD. Without limiting the generality of the foregoing, the following general conditions apply to the Prize: (i) Prize must be accepted as awarded and is not transferable, assignable and/or or convertible to cash (except as may be specifically permitted by Contest Sponsor in its sole and absolute discretion); (ii) no substitutions are permitted except at Contest Sponsor’s option; (iii) the costs of everything not expressly and specifically stated above as included in the Prize are the sole and absolute responsibility of the confirmed winner; (iv) if the confirmed winner does not utilize any part(s) of the Prize, then any such part(s) not utilized may, in the sole and absolute discretion of the Contest Sponsor, be forfeited in their entirety and, if forfeited, nothing will be substituted in their place; (v) Contest Sponsor reserves the right at any time to: (a) place reasonable restrictions on the
availability or use of the Prize or any component thereof; and/or (b) substitute the Prize or a component thereof for any reason with a prize or prize component(s) of equal or greater retail value, including, without limitation, but solely at the Contest Sponsor’s sole discretion, a cash award; and (vi) by accepting the Prize, the confirmed winner agrees to waive all recourse against the Contest Sponsor and all Prize Suppliers if the Prize or a component thereof does not prove satisfactory, either in whole or in part. Additional Prize conditions, if any, provided by a Prize Supplier are included below in Schedule “A” to these Rules.
The Released Parties are not responsible for any delay, postponement, suspension, rescheduling or cancellation, for any reason, of any aspect of the Prize. No compensation whatsoever will be provided to the confirmed winner or any other person or entity in the event of such delay, cancellation or other event contemplated herein.
None of the Released Parties makes any representation or offers any warranty, express or implied, as to the quality or fitness of the Prize awarded in connection with the Contest. To the fullest extent permitted by applicable law, the confirmed winner understands and acknowledges that he or she may not seek reimbursement or pursue any legal or equitable remedy from any of the Released Parties should the Prize fail to be fit for its purpose or is in any way unsatisfactory. For greater certainty and the avoidance of any doubt, by accepting the Prize, the confirmed winner agrees to waive all recourse against all of the Released Parties if the Prize or a component thereof does not prove satisfactory, either in whole or in part.


ELIGIBLE WINNER SELECTION
The odds of being selected as the potential winner are dependent upon the number of eligible Entries submitted and received in accordance with the Rules. November 20, 2023 in Comox, BC (the “Draw Date”), a data pull for all eligible Entries will be completed and one (1) potential winner will be selected by a random draw from all eligible Entries submitted and received in accordance with these Rules.


Following the Draw Date, the Contest Sponsor or its designated representatives will make no less than three (3) attempts to contact the eligible winner by phone and/or email, during the seven (7) day period (the “Contact Period”) immediately following the Draw Date. Upon notification, the eligible winner must respond by telephone and/or email to the contact provided in the notification, and the eligible winner’s response must be received by the Contest Sponsor by no later than 5:00 p.m. PDT on the required return date stipulated in such notification. If the potential winner does not respond in accordance with these Rules, he/she may be disqualified, at the sole and absolute discretion of the Contest Sponsor, in which event he/she will not receive the Prize and another potential winner may be selected from the remaining eligible Entries, in the Contest Sponsor’s sole discretion. Any such subsequent draws are governed by the same procedure and timelines as the first draw, beginning on the date that subsequent draw is carried out. The Released Parties are not responsible for the failure for any reason whatsoever of the eligible winner to receive notification or for the Contest Sponsor to receive the eligible winner’s response.


Before being declared as the confirmed winner, the eligible winner will be required to answer, without assistance of any kind, whether mechanical or otherwise, a time-limited mathematical skill-testing question during a pre-arranged telephone call and comply with the Rules. Without limiting the generality of the forgoing, the Contest Sponsor reserves the right, in its sole and absolute discretion, to administer an alternate test of skill as it deems appropriate based on the circumstances and/or to comply with applicable law. No individual will be declared a winner until the Contest Sponsor officially confirms s/he as the winner in accordance with the Rules.


By accepting the prize, winners agree and acknowledge that the Contest Sponsor or Prize Supplier:
• may contact them to solicit comments about the Contest, and may take photos or recordings of them for promotional or marketing purposes;
• may use any comments obtained from them, their name, and/or likeness and any photos or recordings taken of them (the “Materials”) for future promotion and marketing purposes without further notice or compensation to them;
• may duplicate, alter, adapt, and utilize the Materials as the Contest Sponsor or Prize Supplier wishes at anytime, anywhere, and by any means (including communicating them to the public in any media, including media not yet in existence). The Contest Sponsor or Prize Supplier may license, authorize, or otherwise transfer the rights in the Materials to others to do the same; and
• are granted on creation of the Materials a royalty-free, perpetual, exclusive and irrevocable license to use the Materials for whatever purpose it determines.


RELEASE
• The confirmed winner will be required to execute a legal agreement and release (“Release”) that confirms the winner’s:
• eligibility for the Contest;
• acknowledgment of and agreement to comply with the Rules;
• acceptance of the Prize as offered;
• release of the Released Parties from any and all liability for any loss, harm, damages, cost or expense arising out of participation in this Contest, participation in any Contest-related activity, including use of the Materials by the Released Parties, or the acceptance, use, or misuse of the Prize or any portion thereof, including but not limited to costs, injuries, losses related to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light, or from any and all claims of third parties arising there from; and
• grant to the Released Parties the unrestricted right, at the discretion of either of the Released Parties, to produce, reproduce, publish, broadcast, communicate by telecommunication, exhibit, distribute, adapt and otherwise use or re-use the winner’s name, photograph, likeness, voice and biography, in any and all media now known or hereafter devised, in connection with the Contest and the promotion and exploitation thereof.
• The executed Release must be returned within five (5) business days of the verification as a winner or the selected potential winner may, in the sole discretion of the Contest Sponsor, be disqualified and the Prize be forfeited.


INDEMNIFICATION BY ENTRANT
By entering this Contest, each entrant releases and holds each of the Released Parties harmless from any and all liability for any injuries, loss or damage of any kind to the entrant, Released Party or any other person or entity, including, without limitation, personal injury, death, or property damage, resulting in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of any Prize, participation in this Contest, any breach of these Rules, or in any Prize-related activity. Each entrant agrees to fully indemnify the Released Parties from any and all claims by third parties relating to the Contest, without limitation.


LIMITATION OF LIABILITY
• The Released Parties assume no responsibility or liability whatsoever for lost, late, misdirected or incomplete Entries, requests, donations, notifications, responses, replies, or for any 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. The Released Parties are not responsible for any incorrect or inaccurate information, whether caused by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in the administration of the Contest. The Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Entries, Requests, Donations and/or other information. The Released Parties are not responsible for any problems, failures or technical malfunction of any telephone network or lines on account of technical problems or otherwise. The Released Parties are not responsible for anyone being incorrectly and/or mistakenly identified as a winner or eligible winner.
• The Released Parties are not responsible for any injury or damage caused to any entrant, person or entity relating to or resulting from participating or attempting to participate in the Contest. Entrant assumes liability for injuries caused or claimed to be caused by participating in the Contest, or by the acceptance, possession, use of, or failure to receive the Prize or any portion thereof. The Released Parties assume no responsibility or liability in the event that the Contest cannot be conducted as planned for any reason, including those reasons beyond the control of the Contest Sponsor, such as infection by tampering, unauthorized intervention, fraud, technical failures, or corruption of the administration, security, fairness, integrity or proper conduct of this Contest.


CONDUCT
By entering this Contest, each entrant agrees to be bound by these Rules, which will be posted at: https://www.885thebeach.com/ and https://www.thelounge999.com/ throughout the Contest Period. Each entrant further agrees to be bound by the decisions of the Contest Sponsor, which shall be final and binding without right of appeal in all
respects. The Contest Sponsor reserves the right, in its sole discretion, to disqualify any entrant found to be: (i) violating the Rules; (ii) tampering or attempting to tamper with the entry process or the operation of the Contest; and/or (iii) acting in an uncivil or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person.
ANYONE DEEMED BY THE CONTEST SPONSOR TO BE IN VIOLATION OF THESE RULES FOR ANY REASON IS SUBJECT TO DISQUALIFICATION IN THE SOLE AND ABSOLUTE DISCRETION OF THE CONTEST SPONSOR AT ANY TIME.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE RELATED TO THE CONTEST OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE CONTEST SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.


PRIVACY & USE OF PERSONAL INFORMATION.
By participating in the Contest, the entrant:
a. grants to the Contest Sponsor the right to use his/her name, mailing address, telephone number, and email address (the “Personal Information”) for the purpose of administering the Contest, including, but not limited to, contacting the eligible winner; and
b. acknowledges that the Contest Sponsor may disclose his/her Personal Information to third-party agents and service providers of any of the Contest Sponsor in connection with any of the activities listed in (a) above.
The Contest Sponsor and any third-party agents of the Contest Sponsor will use the entrant’s Personal Information only for identified purposes and protect the entrant’s Personal Information in a manner that is consistent Comox Valley Airport’s Privacy Policy, which is available at https://www.comoxairport.com/privacy . This section does not limit any other consent(s) that an individual may provide the Contest Sponsor or others in relation to the collection, use and/or disclosure of their Personal Information.


TERMINATION AND AMENDMENTS
The decisions of the Contest Sponsor regarding a confirmed winner are final and not subject to appeal. The Contest Sponsor reserves the right to cancel or alter this contest at any time without prior notice.

GENERAL
The invalidity or unenforceability of any provision of these Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Rules shall otherwise remain in effect and shall be construed in accordance with the terms as if the invalid or illegal provision were not contained herein.


SCHEDULE “A” – ADDITIONAL PRIZE CONDITIONS
Additional Prize Conditions
WestJet Voucher:
The WestJet Voucher (the “WestJet Voucher”) is valid for one (1) roundtrip flight for two (2) guests from Comox to Puerto Vallarta on any regularly scheduled and marketed WestJet flight and is subject to the following conditions (as specified by WestJet):
1. Fees, taxes and surcharges are the responsibility of guests traveling and must be paid for at the time of booking with a valid credit card. Your exclusive WestJet Voucher number is valid on any regularly scheduled WestJet marketed and operated flight. The WestJet Voucher does not include optional fees such as checked baggage or cabin upgrades. Please book early to maximize your flight options.
2. The WestJet Voucher is limited and subject to promotional space availability of eligible fare options and flight schedule. Not all flights have promotional space. The WestJet Voucher is not valid for redemption on WestJet Vacations’ packages, flights operated by Swoop, interline, code share or charter flights.
3. Both guests must travel together on the same itinerary, dates and flights.
4. Flights must be roundtrip to and from the same locations. Flights must depart from city A to city B and return from city B to city A.
5. The WestJet Voucher cannot be used on some dates, including statutory holidays and peak travel dates.
6. All bookings and travel must be completed by the expiry date indicated on the WestJet Voucher.
7. The WestJet Voucher cannot be extended. Additionally, changes to travel dates or guest names are not permitted once a booking has been confirmed.
8. Bookings made with the WestJet Voucher are not eligible for paid upgrades.
9. The WestJet Voucher becomes null and void if travel is cancelled once a booking is confirmed.
10. The guests booking the flight must be over the legal age of majority in their jurisdiction of residence.
11. The WestJet Voucher must be taken as offered and is not redeemable for cash.
12. The WestJet Voucher cannot be sold. In the event that it has been sold, the WestJet Voucher will become null and void, and any flight bookings made with it will be cancelled immediately without notice or reimbursement. WestJet does not handle the payment, guarantee transactions, or buyer protection or seller certification, nor will WestJet be liable for the loss of funds resulting from a fraudulent transaction.
13. Guests travelling on the WestJet Voucher are not entitled to compensation amounts provided under passenger rights regimes. By redeeming this voucher, all guests travelling agree to release, and waive all claims against, WestJet relating to any and all liability, damage, or compensation entitlement arising under Canada's Air Passenger Protection Regulations.
14. WestJet and the other Released Parties are not responsible for lost or mishandled vouchers. Once the WestJet Voucher has been delivered to you, you are directly responsible for it.
Without limiting the foregoing, the following additional terms and conditions also apply:
• The confirmed winner and his/her guests are responsible for transportation to and from the gateway airport and all other expenses not expressly stated as included herein.
• Transportation is subject to availability, blackout periods, government restrictions and regulations, airline, airport or other transportation restrictions and regulations. The winner and his/her guest are responsible for all expenses other than those mentioned above as included including, but not limited to, other transportation, attractions, merchandise, souvenirs, travel insurance, travel visas and all other personal expenses of any kind. None of the Released Parties are responsible for, nor accept any liability whatsoever in relation to, any delay, postponement, suspension, rescheduling or cancellation, for any reason, of any flight(s) and neither the winner nor any other person or entity will be compensated in the event of such delay, cancellation or other event described herein. Other restrictions may apply.
• The WestJet Voucher is non-transferable and without limiting the foregoing, the WestJet Voucher may not be sold or traded, the WestJet Voucher must be taken as offered and cannot be substituted, redeemed or exchanged for cash, credit or alternative prizes, except in the Prize Supplier’s sole discretion. WestJet reserves the right to substitute the WestJet Voucher with a prize of equal or greater value. No credit or reimbursement will be provided if the WestJet Voucher is not utilized in full. The WestJet Voucher cannot be combined with any other promotional offer or offers provided by WestJet.
• The WestJet Voucher is subject to all of the terms and conditions as stated by WestJet and will be delivered to the confirmed winner directly from the Contest Sponsor to the address/email address provided after the potential winner has been successfully contacted and notified of his/her Prize and has fully complied with the Rules (as determined by the Contest Sponsor in its sole and absolute discretion). Shipped Prizes shall not be insured and neither Contest Sponsor nor any of the other Released Parties shall assume any liability whatsoever for a lost, damaged, or misdirected element of the Prize. All bookings/confirmations must be made through the Contest Sponsor’s designated representatives or as the Contest Sponsor may otherwise direct.
• The confirmed winner’s guest must: (a) be of the legal age of majority in his/her jurisdiction of residence (or have the consent of his/her parent/legal guardian to accompany the winner if the guest is under the legal age of majority in his/her jurisdiction of residence); and (b) sign (and have his/her parent/legal guardian sign if the guest is under the legal age of majority in his/her jurisdiction of residence) and return the Contest Sponsor’s release (by the date indicated on the release form) indicating that he/she waives all recourse against the Contest Sponsor and all of the other Released Parties relating to his/her participation in the Prize or his/her likeness or comments in the Materials (including, without limitation, any travel related thereto).
• It is strongly recommended and encouraged by the Contest Sponsor that the confirmed winner and his/her guest obtain sufficient personal travel and medical insurance prior to departure.


Krystal Grand Nuevo Vallarta Voucher:
The Krystal Grand Nuevo Vallarta is valid for one (1) six (6) night stay / seven (7) day stay in Altitude Club Junior Suite with an all-inclusive plan for two (2) adults.
• All-inclusive plan for two (2) adults is included in the voucher
• Hotel voucher valid from August 31, 2023, to August 31, 2024. Subject to availability.
• The confirmed winner and his/her guests are responsible for transportation to and from the gateway airport and all other expenses not expressly stated as included herein.
The combined WestJet Voucher and Krystal Resorts Voucher has a maximum potential retail value of $5,219.20 CAD – although the actual value will depend on the destination chosen and time of booking from originating city. Under no circumstance whatsoever will any difference between the actual and approximate retail values be awarded.