OFFICIAL CONTEST RULES AND REGULATIONS
The Air Canada enRoute Photography Contest (hereinafter, the “ Contest”) is brought to you by Air Canada enRoute (the “Contest Sponsor”). The Contest starts on March 1st, 2017 at 12:01 a.m. EST, and closes on March 31st, 2017 at 11:59 p.m. EST (the “ Contest Period”).
The Contest is open to all Canadian residents having reached the legal age of majority in their province or territory of residence prior to the Contest Period (an “Eligible Participant”). Employees, representatives or agents of Air Canada and its subsidiaries and affiliates, media partners, advertising and promotional agencies, and members of the immediate family (parents, children, siblings and spouse, regardless of where they are domiciled) of any of the aforementioned and persons with whom any of the aforementioned are domiciled are not eligible to enter the Contest.
2. How to Participate in the Contest
NO PURCHASE NECESSARY.
Although online access is required in order to participate, no purchase is necessary. Entry is via Instagram®. No other method of entry will be accepted. Many public libraries, retail businesses and other establishments allow patrons to access the Internet for free.
2.1 Instagram Entry
To enter via Instagram, you must: (1) have a valid, public (i.e. not “protected”) Instagram account and follow the official Air Canada enRoute Instagram account @enRoutemag; and (2) during the Contest Period, post a full-colour, original and previously unpublished, travel-themed photograph taken in Canada, the caption for which includes: (a) the official Air Canada Instagram account handle @AirCanada; (b) the hashtag #Canada150; and (c) precise and accurate information as to where this photograph was taken, what it depicts and who is featured in it (if applicable). All photos submitted via Intstagram must be available in high-resolution (see Conditions for Participating for full specifications).
Each eligible entry is considered one contest entry (each a “Contest Entry”). Eligible Pariticpants may submit more than one Contest Entry. Eligible Participants must provide Contest Entries using a single account. Eligible Participants found to be using multiple accounts will be considered ineligible and disqualified from the Contest.
Automated and/or repetitive electronic submissions (including but not limited to entries made using any script, macro, bot or Contest service) will be automatically disqualified and transmissions from these accounts may be blocked.
Participants acknowledge the non-responsibility of Instagram, its officers, directors, employees and agents with regards to all aspects of the Contest. This Contest is in no way sponsored, endorsed or administered by, or associated with Instagram. Participants understand that all Contest information is provided to the Contest Sponsor and not to Instagram.
There is a total of one (1) grand prize (“Grand Prize”) and eight (8) finalist prizes (“Finalist Prizes”).
3.1 The Grand Prize
There is one Grand Prize to be won consisting of the publication of the winning photograph within the July 2017 issue of the Air Canada enRoute magazine and two (2) round-trip Economy tickets on any flight operated by Air Canada (including, flights operated under the Air Canada Express banner and operated by Air Canada Rouge) from the major Canadian airport served by Air Canada closest to the winner’s place of residence to any of Air Canada’s Canadian destinations. Flight reservation is subject to availability and the following flight blackout dates apply: 17 December, 2017 to 8 January, 2018; 28 March, 2018 to 3 April, 2018. Travel must be completed on or before March 31, 2018. Travel does not qualify for Aeroplan mileage accumulation or for mileage accumulation in any other frequent flyer program. No changes permitted to reservations once date of travel is confirmed or ticket has been issued.
The Grand Prize winner and their travelling companion are responsible for: any and all costs, expenses and taxes note expressly described herein, including, without limitation, applicable local air departure taxes, ground transportation, gratuities, merchandise, telephone calls, personal expenses of any nature for overnight layover, meals and beverages, service charges, in-flight meals and entertainment; costs incurred to and from the departure point as the Grand Prize originates and terminates there, obtaining sufficient personal travel insurance prior to departure, if desired; obtaining and carrying all necessary travel documentation, such as passports and visas and complying with customs immigrations regulations. The use of upgrade certificates is not permitted for flights. Use of the airfare tickets are subject to Air Canada’s general conditions of carriage publicly available at www.aircanada.com. The approximate value of the Grand Prize is $2,004.
At the discretion of the Contest Sponsor, the Grand Prize-winning photograph may be chosen to appear on the cover of the July 2017 issue of Air Canada enRoute magazine.
3.2 The Finalist Prizes
The eight (8) Finalist Prizes consist of an Air Canada Gift Card of $200 each and publication of the winning photographs within the July 2017 issue of the Air Canada enRoute magazine.
The approximate total value of the Grand Prize and Finalist Prizes is CDN $3,604. Exact value of the Grand Prize depends on point of departure and destination as well as time of travel. Prizes must be accepted as awarded and may not be sold, transferred or converted to cash and will not be refunded if unused. No substitutions, changes or extensions are permitted. Contest Sponsor reserves the right at its sole discretion to substitute the Grand Prize for one of equal or greater value.
Judging consists of one (1) round of evaluation. A judging panel (the “Judging Panel”) of six (6) Air Canada enRoute editors, art directors and photo editors will select one (1) Grand Prize winner and eight (8) finalists from all eligible Contest Entries based on artistic and editorial value. Incomplete and/or inaccurate entries and entries not complying with all the rules are subject to disqualification. Decisions of the Judging Panel are final and not subject to appeal.
5. Prize Attribution
Finalists will be notified by email or via Instagram starting on May 1, 2017, and will have three (3) business days to respond. Any finalist who does not respond within three (3) business days will risk forfeiting the prize and an alternate finalist may be selected.
Before being declared a winner, each selected Eligible Participant will be required to answer a time-limited mathematical skill-testing question and sign a release and waiver form confirming, without limitation, that:
- He/she complies with the eligibility requirements;
- He/she has read the Contest rules and regulations and complies completely;
- He/she accepts the Prize as awarded;
- He/she acknowledges the Contest Sponsor’s right to publish his/her picture, name and city of residence without compensation other than the Prize offered;
- He/she successfully answers a time-limited mathematical skill-testing questions; and
- He/she releases and agrees to hold harmless of all liability the Contest Sponsor, its subsidiaries and affiliates, media partners, advertising, promotional agencies and each of the foregoing entities’ directors, officers, employees, contractors and agents.
No correspondence will be undertaken except with the selected Eligible Participants whose eligible Contest Entry was selected. Once an Eligible Participant is declared a winner by Contest Sponsor, Contest Sponsor will send the Eligible Participant a letter containing the details on how the Prize will be awarded.
6. Conditions for Participating
The Contest is open to all photographers (both amateur and professional). Participants must ensure that each entry is available in high-resolution, which is to say: (1) a minimum resolution of 300 PPI (pixels per inch) and minimum size of 11.2083 inches x 9.0208 inches; or (2) a minimum dimension of 2707 pixels x 3363 pixels.
By your submission of each Contest Entry, you, without further compensation other than as detailed herein, give Bookmark Content the following rights and/or agree as follows: (1) Sole and exclusive, irrevocable, worldwide rights over the Contest Entry for a period of one (1) year after initial publication of the Contest Entry in its entirety by Bookmark Content regardless of the first medium of broadcast used (the “Right of First Publication”); (2) The Contest Entry cannot be resold at any time any where (regardless of the period of the Right of First Publication) to a competing brand (such as competing airlines, hotels or hospitality groups) without written prior permission from a Bookmark Content Representative. Determination of what constitutes a competing brand is in the sole discretion of Bookmark; (3) The Right of First Publication will be followed by a perpetual, continuous, irrevocable, non-exclusive, unrestricted worldwide right to the Contest Entry in any media of the Contest Sponsor (including, without limitation, digital and broadcast formats, whether now known or hereafter developed) (the “Client Media”) for editorial and content marketing purposes. This includes all Client Media and, without limitation, the following media: enroute.aircanada.com, Air Canada apps, Air Canada websites, Air Canada inflight entertainment systems, e-newsletters. Bookmark Content will make all reasonable efforts to facilitate your acknowledgement to the production of the work; (4) The right to use parts of any Contest Entry in a collective work, including, but not limited to, a city guide or a teaser video; (5) The right to use the Contest Entry, your name and biographical information, to promote the Contest Sponsor’s media and other Bookmark Content services and publications and use the Contest Entry in perpetuity for internal business purposes, such as awards, publicity and similar purposes; and (6) The right to publish the Contest Entry on any social media, in whole or in part.
By your submission of Contest Entry, you give Bookmark Content the right to translate the work in any other language(s) and the right to use the Contest Entry in third-party publications and media channels, following payment to you of an additional fee of $100 per placement.
You represent and warrant that: (1) your Contest Entry is entirely original; (2) your Contest Entry depicts a Canadian location; (3) you are the sole author of the Contest Entry; (4) you are the sole and exclusive owner of all intellectual property that forms part of the Contest Entry or, if you are not the owner, that you have secured and forwarded to Bookmark Content express written permission to use all intellectual property in the Contest Entry; (5) all rights to your photographic Contest Entry have been secured, including obtaining written and signed model releases, releases from the venues, public spaces, events, and any and all other circumstances where signed consent and releases are required; (6) you have the authority to transfer the rights referred to in this Agreement to Bookmark Content; (7) your Contest Entry will not appear elsewhere, in whole, in part, or in an alternate version, offline or online, until after Bookmark Content’s rights expire, whether or not Bookmark has published the Contest Entry, however Participant reserves the rights to publish on his/her social media channels; (8) there has been no prior publication of the Contest Entry or any part of it or transfer or sale of rights to the Contest Entry or any part of it; (9) none of the Contest Entry will infringe upon or violate any rights of privacy or publicity and is in accordance with high ethical standards and that no material or content is included that may be considered defamatory, offensive or discriminatory; and (10) the Contest Entry does not infringe upon any intellectual property rights of any other party.
You agree to defend, indemnify and hold Bookmark Content, the Contest Sponsor and its Affiliates and their respective directors, officers, employees, (“Indemnified Persons”) harmless from and against all costs, losses and expenses of any kind, including reasonable legal fees, resulting from or relating to: (i) any breach by you of the representations and warranties or obligations hereunder; (ii) damages to personal property, injury or death caused by your negligence or willful acts; (iii) any claim brought against any Indemnified Persons that any Work infringes any third party’s intellectual property rights or other rights; and (iv) any and all liability or damage incurred by Bookmark, the Client and its Affiliates as a result of your performance of this Agreement.
7. General Terms and Conditions
All Eligible Entries, and all information provided by Eligible Participants must be complete and accurate. Contest Sponsor will not be held responsible for any and all telephone or internet problems, unclear e-mail messages and any late/incomplete/erroneous prize claims.
All entries are subject to verification by the Contest Sponsor and may be disqualified if they are received outside of the Contest Period, are incomplete, illegible, irregular, photocopied or otherwise reproduced, submitted through illicit means or if they contain any false statements, or do not conform to or satisfy to any condition of these Contest rules and regulations.
Eligible Participants agree that the Contest Sponsor is not liable for any incorrect or inaccurate transcription of entry information or for any error or malfunction of any kind in connection with the Contest. If the Contest is not capable of running as planned for any reason, including tampering, unauthorized intervention, fraud, technical failures, or any other cause, the Contest Sponsor reserves the right, at its sole discretion, to, without advance notice, terminate or suspend the Contest, in whole or in part, or modify it in any way, without any further obligations to Eligible Participants. Furthermore, if the Contest Sponsor determines, at its sole discretion, that any entry compromises the integrity of the Contest, the Contest Sponsor further reserves the right to disqualify the entry at issue or terminate the Contest in its entirety without any further obligations to Eligible Participants. The Contest Sponsor further reserves the right, at its sole discretion, to disqualify any individual from the Contest and to ban the individual from any future contest of the Contest Sponsor who finds or believes to be tampering with the entry process operation of the Contest; to be acting in violation of the Contest rules and regulations or in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person.
The Contest is subject to federal, provincial and local rules and regulations.
Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of a Prize may be submitted to the board only for the purpose of helping the parties reach a settlement. All issues and questions concerning the construction, validity, interpretation and enforceability of these official contest rules, or the rights and obligations of an Eligible Participant in connection with the Contest, shall be governed by and construed in accordance with the laws of the Province of Quebec and the laws of Canada applicable therein.
Eligible Participants may obtain the Prize winners’ names between June 1, 2017 and June 30, 2017, by addressing their request, accompanied by a self-addressed envelope with sufficient postage to:
Air Canada enRoute Photo Contest
500 rue Saint-Jacques,
Suite 1510, Montreal,
H2Y 1S1, Canada