OFFICIAL CONTEST RULES TOURISM PRINCE EDWARD ISLAND “WIN A VACATION YOU WON’T NEED A VACATION FROM CONTEST” (“CONTEST”)

ELIGIBILITY:

Contest is open to legal residents of British Columbia, Alberta, Saskatchewan, Manitoba, Ontario, Newfoundland and Labrador, New Brunswick and Nova Scotia who have reached the age of majority in their province of residence at the time of entry, except employees or agents (and those with whom they are domiciled) of Tourism Prince Edward Island (the “Sponsor”), its advertising and promotion agencies and the contest judges (collectively, the “Contest Parties”).

CONTEST PERIOD: Contest begins on June 22, 2009 at 9:00 a.m. Eastern Time (ET) and ends on July 31, 2009 at 11:59:59 ET (the “Contest Period”).

HOW TO ENTER: No purchase necessary. To enter, you must submit a video (the “Video”) in one of the following two ways:

a. Online: You can upload your Video at www.shareyourpei.com (the “Website”) during the Contest Period. When you upload your Video, you will be asked to provide your first name, last name, postal code and email address; OR

b. Kiosk: You can visit our kiosk in the Toronto Eaton Centre between June 22, 2009 and June 29, 2009 during regular mall hours and a representative of the Sponsor will help you create your Video (i.e., film you). When you visit the kiosk you will be asked to provide your first name, last name, postal code and email address. Once your Video is complete, it will be uploaded to the Website (subject to compliance with these Rules) by a representative of the Sponsor.

Your Video must be in accordance with the specific requirements listed below and must depict and/or describe a stressful vacation memory and the reasons why you deserve a rejuvenating trip to the Gentle Island. You may only submit one (1) Video per person/email address during the Contest Period. If it is discovered that you attempted to submit more than one (1) Video per person/email address during the Contest Period, then all your entries will be void. In addition to meeting the eligibility requirements (above), you will not be eligible to enter the Contest unless your Video: (i) is submitted during the Contest Period; and (ii) conforms to the specific requirements listed below. Without limitation, the Contest Parties are not responsible for late, lost, misdirected, delayed, incomplete or incompatible Videos.

VIDEO REQUIREMENTS: Your submitted Video must never have been previously exhibited publicly or selected as a winner in any other contest. To be eligible for entry in the Contest, your Video must meet the following specific requirements:

Maximum Length: 3 minutes

Language: English

Specific Content Requirements: Video must depict and/or describe a stressful vacation memory and/or the reasons why you deserve a rejuvenating trip to Prince Edward Island.

By participating in the Contest, each entrant agrees to be bound by these Official Rules (the “Rules”) and by the interpretation of these Rules by the Sponsor, and further warrants and represents that his/her Video:

i. is original to him/her and that the entrant has all necessary rights in and to the Video and all of its components to enter the Video in the Contest. For example, you must have permission from the author/creator/owner/subject to use any and all pictures, photographs, and/or music contained in your Video;

ii. does not violate any law, statute, ordinance or regulation;

iii. does not contain any reference to or likeness of any third parties, unless consent has been obtained from all such individuals (NOTE: if a Video contains any reference to or likeness of any third parties who are under the age of majority in their jurisdiction of residence, then consent must also be obtained from any such persons parent or legal guardian);

iv. will not give rise to any claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party, or give rise to any claims for payment whatsoever; and

v. is not defamatory, trade libelous or obscene, and further that it will not contain, depict, include, discuss or involve, without limitation, any of the following:

  • Nudity;
  • Explicit, graphic or excessive sexual activity;
  • Crude, vulgar or offensive language and/or symbols;
  • Derogatory characterizations of any ethnic, racial, sexual or religious groups;
  • Content that endorses, condones or discusses any illegal, inappropriate or risky activity, behaviour or conduct;
  • Personal information of individuals, including without limitation, names and addresses (physical or e-mail);
  • Conduct or other activities in violation of these Rules;
  • Commercial messages, comparisons or solicitations for products or services;
  • Any identifiable third party products and/or trade-marks, brands or logos. For example, any clothing worn by persons appearing in a Video must not contain any visible logos, trade-marks or other third party materials;
  • URLs or links to any websites; and
  • Any other content that is or could be considered inappropriate, unsuitable or offensive, all as determined by the Sponsor and/or the contest judges in their sole discretion.

By entering the Contest and uploading a Video, each entrant: (i) grants to the Sponsor, in perpetuity, a non-exclusive license to publish, display, reproduce, modify, edit or otherwise use the Video, in whole or in part, for advertising or promoting the Contest or for any other reason; (ii) waives his/her moral rights therein in favour of the Sponsor; and (iii) agrees to release and hold harmless the Contest Parties and each of their respective agents, employees, directors, successors, and assigns against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related cause of action. For greater certainty, the Sponsor and/or the contest judges reserve the right, in their sole discretion, to modify, edit or remove any Video, or to request an entrant to modify or edit his or her Video, if a complaint is received with respect to the Video, or for any other reason.

BY SUBMITTING A VIDEO, THE ENTRANT AGREES THAT THE VIDEO COMPLIES WITH ALL CONDITIONS STATED IN THESE RULES. THE SPONSOR AND THOSE ASSOCIATED WITH THEM WILL BEAR NO LEGAL LIABILITY, EXPRESSED OR IMPLIED, REGARDING THE USE OF THE VIDEO BY THE SPONSOR AND THE SPONSOR SHALL BE HELD HARMLESS BY AN ENTRANT IN THE EVENT IT IS SUBSEQUENTLY DISCOVERED THAT THE ENTRANT HAS DEPARTED FROM OR NOT FULLY COMPLIED WITH ANY OF THE RULES.

GRAND PRIZE: There will be one (1) Grand Prize awarded consisting of a trip for two (2) people to Prince Edward Island, which includes: round trip airfare (economy class) for the winner and his/her travel companion to Prince Edward Island from the major airport nearest the winner's residence; accommodation for two (2) (double occupancy) for three (3) nights at the Great George Inn and three (3) nights at Stanhope Bay & Beach Resort; seven (7) day car rental with unlimited mileage (size of rental determined by the Sponsor, in its sole discretion, based on availability at time of booking and insurance and gas is extra. Prize winner must have a valid drivers license and proof of insurance and may be required to pay additional insurance if under the age of 25); four (4) dinners for two, three (3) Experience PEI excursions for two and two (2) theatre tickets (all at venues/times determined by the Sponsor, in its sole discretion, based on availability at time of booking); one (1) round of golf for two (course to be determined by the Sponsor, in its sole discretion); and two (2) National Park passes; collectively with an approximate retail value of $5000 CAD based on a Toronto departure example (the “Grand Prize”).

Without limiting the generality of the foregoing, the following general conditions apply to the Grand Prize: (i) Grand Prize must be accepted as awarded and is not transferable or convertible to cash (no substitutions except at Sponsor’s option); (ii) all travel related to the Grand Prize must occur on or before October 31, 2010 (otherwise the Grand Prize will be forfeited – no extensions will be permitted); (iii) the winner and his/her travel companion must travel on same itinerary; (iv) the costs of everything not stated above as included in the Grand Prize are the responsibility of the winner his/her and travel companion, including, without limitation, meals (other than those stated above), gratuities, health insurance, travel insurance, transportation from the winner's residence to the closest airport, airport transfers, gas, car insurance, golf club rentals (if necessary) and items of a personal nature; (v) if the winner does not utilize any part(s) of the Grand Prize, then any such part(s) not utilized will be forfeited in their entirety and nothing will be substituted in their place; (vi) Sponsor reserves the right at any time to: (a) place reasonable restrictions on the availability or use of the Grand Prize or any component thereof; and (b) substitute the Grand Prize or a component thereof for any reason with a prize or a prize component of equal or greater value, including without limitation, but solely at the Sponsor’s sole discretion, a cash award; (vii) all travel arrangements relating to the Prize must be made through the Sponsor or its designated agents; (viii) by accepting the Grand Prize, the winner agrees to waive all recourse against the Sponsor, and those associated with the Sponsor, if the Grand Prize or a component thereof does not prove satisfactory, either in whole or in part; and (ix) the winner’s travel companion must be over the age of majority in their jurisdiction of residence and must sign and return to the Sponsor a release indicating that they waive all recourse against the Sponsor relating to their participation in the Grand Prize.

SECONDARY PRIZES: There will be two (2) secondary prizes available to be won, each consisting of a Flip Video MinoHD Digital Camcorder. Approximate retail value is $229.99 each (the “Secondary Prize”). All prizes must be accepted as awarded. No substitutions except at Sponsor’s option. Sponsor reserves the right to substitute a prize or a prize component with one of equal or greater value, including without limitation, but solely at the Sponsor’s sole discretion, a cash award. Maximum of one (1) prize per person/email address permitted. Prizes will only be awarded to the person whose name and e-mail address was submitted at the time of entry. Without limitation, the Contest Parties are not responsible for the distribution of a prize between any persons who may have participated in making the Video.

WINNER SELECTION PROCESS: To determine the winners, the public will vote from amongst all eligible Videos posted on the Website. Voting will commence on June 22, 2009 at 9:00 a.m. ET and end on July 31, 2009 at 11:59:59 p.m. ET (the “Voting Period”). There is no limit to the number of times you can vote during the Voting Period. Use of any automated, script, macro or robotic program to submit votes may result in the disqualification, in the sole discretion of the Sponsor, of the Video to which such votes relate. On or about August 5, 2009, all votes will be tabulated and the entrant with the most votes will be eligible to win the Grand Prize (subject to compliance with these Rules) and the second and third place entrants will each be eligible to win a Secondary Prize (subject to compliance with these Rules). In the event of a tie between two or more Videos (based on the number of votes received), the Sponsor will judge all such entries that are tied on the basis of originality, creativity, uniqueness and appropriateness, and the entry with the highest total score as determined by the Sponsor, in its sole discretion, will be deemed to be the selected entrant for that prize. Odds of your Video being selected depend on the number and calibre of Videos received and on the number of votes received.

BEFORE BEING DECLARED A PRIZE WINNER, each selected entrant must sign and return within fourteen (14) days of notification a declaration and release prepared by the Sponsor, which, among other things: (i) assigns all intellectual property, including copyright, in and to his/her Video and waives his/her moral rights therein in favour of the Sponsor; (ii) agrees to indemnify the Contest Parties and each of their respective officers, directors, agents, representatives, successors and assigns against any and all claims, damages, liabilities, costs, and expenses incurred in connection with: (a) the Contest and the selected entrant’s participation therein; (b) the selected entrant’s acceptance, use or misuse of a prize or any portion thereof; and/or (c) use of the selected entrant’s Video, including without limitation, any claim that the Video infringes a proprietary interest of any third party; (iii) provides consent for the Sponsor to use the selected entrant’s name, address, voice, statements about the contest and/or photograph or other likeness without further notice or compensation, in any publicity or advertisement carried out by the Sponsor in any manner whatsoever, including print, broadcast or the Internet; and (iv) requires the selected entrant to correctly answer a time-limited mathematical skill-testing question. If there is a return of any notification as undeliverable or if a selected entrant: (a) cannot be contacted by phone or email by within ten (10) business days of selection; (b) fails to correctly answer the skill-testing question; or (c) fails to return the contest documents within the specified time, then he/she will forfeit the prize and their opportunity to be a winner and the next eligible entrant will be selected (based on the next highest number of votes received).

GENERAL CONDITIONS: Without limitation, the Sponsor, its advertising and promotion agencies and the contest judges will not be liable for any failure of the Website during the Contest; for any technical malfunction or other problems relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; for the failure of any entry to be received by the Sponsor, its advertising and promotion agencies or the contest judges for any reason including, but not limited to, technical problems or traffic congestion on the Internet or at any website; or any combination of the above. Further, the Sponsor, its advertising and promotion agencies and the contest judges will not be liable for any injury or damage to an entrant’s or any other person’s computer or data contained therein, related to or resulting from participating or downloading any material in the Contest. The Sponsor reserves the right to withdraw or amend this Contest in any way, in the event of an error, technical problem, computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure or any other cause beyond the reasonable control of the Sponsor that interferes with the proper conduct of the Contest as contemplated by these Rules. Any attempt to deliberately damage any website or to undermine the legitimate operation of this Contest is a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law. This Contest is subject to all applicable federal, provincial and municipal laws. The decisions of the contest judges with respect to all aspects of this Contest are final and binding on all entrants without right of appeal, including, without limitation, any decisions regarding the eligibility/disqualification of Videos.

In the event of a dispute, entries will be deemed to have been submitted by the authorized account holder of the email address submitted at the time of entry. “Authorized account holder” is defined as the person who is assigned an email address by an internet provider, online service provider, or other organization (e.g. business, educational institute, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. If the identity of an online entrant is disputed, the authorized account holder associated with the email account at the time of entry will be deemed to be the entrant. A selected entrant may be required to provide proof that he/she is the authorized account holder of the email address associated with the selected entry. The sole determinant of the time for the purposes of a valid online entry in this contest will be the contest server machine(s). The Sponsor reserves the right to cancel or suspend this Contest or to amend these Rules without prior notice or obligation, in the event of any accident, printing, administrative, or other error or any kind.

By entering this Contest, each entrant expressly consents to the Sponsor, its agents and/or representatives, storing, sharing and using the personal information submitted with his/her Entry only for the purpose of administering the contest and in accordance with Sponsor’s Privacy Policy (available at http://www.gov.pe.ca/copyright/index.php3), unless the entrant otherwise agrees. In accordance with its Privacy Policy, the Sponsor reserves the right to use your information in aggregated form (i.e., your personal information will not be identifiable) in order to create reports regarding entrant demographics, which reports may be disclosed to others. The Sponsor will not otherwise sell or disclose any entrant’s personal information.

VIDEO CONSENT, WAIVER, INDEMNITY AND RELEASE

Photographs, Videos and Recordings

I hereby grant permission to Tourism Prince Edward Island and its representatives, including GCI Canada, to film, produce and distribute a video which features myself online for the purposes of the “Win a Vacation You Won’t Need a Vacation From” Contest. I further grant to the producers and their representatives the right to reproduce, use, exhibit, display, broadcast and distribute and create derivative works of these images and videos in any media now known or later developed. I acknowledge that the Tourism Prince Edward Island owns all rights to the images and recordings.

Waiver, Indemnity and Release

I hereby waive any right to inspect or approve the use of the images or recordings or of any written copy. I further waive all moral rights globally (to the extent permitted by law in each jurisdiction) in favour of Tourism Prince Edward Island and all other persons associated with Tourism Prince Edward Island and the making of this video. I also waive any rights to royalties or other compensation arising from or related to the use of the images, recordings, or materials. I hereby release, defend, indemnify and hold harmless the producers and Tourism Prince Edward Island from and against any claims, damages or liability arising from or related to the use of the images, recordings, or materials, including but not limited to claims of defamation, invasion of privacy, or rights of publicity or copyright infringement, or any misuse, distortion, blurring, alteration, optical illusion or use incomposite form that may occur or be produced in taking, processing, reduction or production of the finished product, its publication or distribution. I am 18 years of age or older and I am competent to contract in my own name. I have read this document before signing below, and I fully understand the contents, meaning and impact of this consent, waiver, indemnity and release. By signing below, I acknowledge that (a) I have consulted with legal counsel or (b) I have had the opportunity to do so and have chosen not to seek such advice. I also acknowledge that I have read the attached Official Contest Rules for the “Win a Vacation You Won’t Need a Vacation From” Contest. This consent, waiver, indemnity and release is binding on me, my heirs, executors, administrators and assigns.

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