1. Contest Period & Contest Sponsors: The “Contest Period” starts at 9:00 am on Monday, January 23, 2012 and ends Wednesday, October 31st, 2012 at 11:45 p.m. (“Contest Closing Date”). All times are Eastern Standard Time. The sponsor of the Contest is Mastectomy Lingerie and More Inc. (the “Contest Sponsor” or “Sponsors”). Napili Surf Beach Resort and Napili Kai Beach Resort (the “Prize Supplier(s)”) are the prize supplier(s) for the Contest.
2. How to Enter: No purchase necessary. To enter, go to mlam.ca and follow the Contest link, complete the entry ballot in full and submit as instructed by the Contest Closing Date. LIMIT: Only one (1) entry per person. Any attempt or suspected attempt to enter more than once per person, and any use of robotic, automatic, programmed, illicit means, or any other entry methods not authorized by these Contest Rules shall be deemed as tampering and will void all of your entries. Entries that are late, lost, stolen, illegible, contain false information, damaged, misdirected, mutilated, garbled or incomplete, altered or otherwise irregular or that do not conform with or satisfy any or all of the conditions the Contest Rules will be judged void. All entries become the property of Sponsors upon receipt and none will be returned. Proof of transmission (screenshots or captures, etc.) does not constitute proof of receipt. The sole determinant of time for the purposes of receipt of a valid entry in this Contest will be the Contest server machine(s).
3. Eligibility: This Contest is open to legal residents of Canada, excluding residents of Quebec, who are over the age of majority in their province or territory of residence, excluding employees, officers and directors (and members of their immediate families) of the Sponsors, their parent and affiliated companies, representatives, dealers and agents, Contest suppliers and judges, and those with whom they are domiciled. "Immediate family" means mother, father, sister, brother, son, daughter and spouse, including common law spouse, regardless of where they reside. Groups, clubs, organizations, businesses and commercial and non-commercial entities cannot participate.
4. Prize: There is one (1) Prize available to be won consisting of a Prize Letter redeemable for five (5) nights Studio Ocean View accommodation at Napili Surf Beach Resort and two (2) nights Standard accommodation at Napili Kai Beach Resort in Lahaina, Maui, Hawaii based on double occupancy for two (2) persons only and a travel allowance in the amount of $2000 (CAD), payable by cheque to the prize winner only. This travel allowance is to be used as the prize winner sees fit for arranging air and ground transportation from their residence to and from Maui, the prize winner is solely responsible for any and all other associated expenses they may incur as a result. Total Retail value of the prize is approx. $4,000 (CAD), inclusive of applicable taxes and fees. If the total cost of the Prize ends up being more or less than $4000 CAD, for whatever reason, the winner will not be compensated by Mastectomy Lingerie and More or any party involved in the organization of this Contest. Winner and travel companion are solely responsible for all other costs and expenses associated with the winners use of the prize including but not limited to all ground transportation, air transportation, taxes, transfers, travel insurance, spending money, tips, meals, beverages, applicable taxes (including airport taxes), fuel/currency charges, insurance, items of a personal nature, telephone, fax or cable charges, personal and medical expenses, and other travel and hotel charges not specifically mentioned as part of the Prize. The winner's travel companion must be the age of majority or be traveling with the permission and at the sole responsibility of his or her parent or guardian to participate in the Prize. Winner and travel companion are solely responsible for obtaining their own travel documents, including passports and visas, in advance of the departure date to comply with any immigration, customs and vaccination requirements. It is recommended that the winner and his/her travel companion obtain sufficient personal insurance prior to departure; Sponsors expressly disclaims any responsibility or liability for securing such insurance. Winner and travel companion must travel together on the same itinerary. The Prize must be redeemed by its expiry date or it will be forfeited, accommodation dates are subject to availability as well as Prize Supplier-imposed and standard travel industry blackout dates and regulations. Prize is non-transferable, non-refundable and has no cash value. No change in accommodation dates can be made by the winner once the booking has been confirmed by the Prize Supplier. Sponsors and Prize Supplier shall not be responsible for, and entrants expressly release Sponsors from liability for rescheduling or cancellation of the trip. The Prize must be accepted as awarded and may not be transferred or exchanged. Sponsors reserve the right, in their sole and absolute discretion, to substitute a prize of equal or greater value in the event of the unavailability, for whatever the reason, of the advertised prize in whole or in part.
5. Draw: A random draw for the Prize will be made at approximately 9:00 am (EST) on Friday, November 9, 2012 by the Contest Sponsor or its agent from all eligible entries received during the Contest Period. Odds of winning the Prize will depend on the total number of eligible entries received during the Contest Period. The selected entrant will be contacted by telephone at the number on the online entry form within ten (10) business days of the date of the draw, and must be confirmed as a winner (see "Winner Confirmation" below). If a selected entrant cannot be reached within three (3) business days of the time of initial contact by the Contest Sponsor, incorrectly answers the skill-testing question, declines the prize, or fails to return a release of liability as specified below, another entrant will be selected until the prize is awarded. No communications will be entered into except with selected entrants. The Contest Sponsor reserves the right to cancel the awarding of the prize if a participant cannot be declared a winner within sixty (60) days of the original draw.
6. Decisions: Decisions and rulings of the Contest Sponsor are final and binding without appeal in all matters related to this Contest and the awarding of the prize.
7. Winner Confirmation: To be confirmed a winner, selected entrant must: (i) reply to potential winner notification within three (3) business days of the time of initial contact by the Contact Sponsor by telephone; (ii) correctly answer without assistance of any kind, whether mechanical or otherwise, a time-limited, mathematical skill-testing question to be administered by telephone during a pre-arranged, mutually convenient time; (iii) be in full compliance with these Contest Rules; and (iv) sign and return via email or fax, within three (3) business days of it being sent, Sponsors Declaration of Compliance with these Contest Rules and a Release of Liability and Publicity Release form ("Prize Form"). If any selected entrant cannot be contacted and confirmed a winner as above, he/she will be disqualified at the sole and absolute discretion of the Sponsors, his/her entitlement to receive the Prize will be forfeited, and awarded to an alternate eligible entrant. No correspondence will be entered into except with selected entrants.
8. Prize form for travel companion: As a condition of being confirmed as a winner and participating in the prize, the travel companion of the Prize winner, or the travel guest's parent or legal guardian if he/she is under the age of majority in his/her Province or Territory, will also be required to sign and return a Release of Liability and Publicity Release Form (the "Prize Form") within the time period specified on the Prize Form or such other period as the Contest Sponsor may specify, or the Prize will be forfeited. Upon receipt of the signed Prize Forms the winner will be contacted by Sponsors and a prize letter will be provided to them from Napili Surf Beach Resort and Napili Kai Beach Resort which will provide contact details for booking the prize subject to availability. Winner’s travel companion cannot be changed after the Declaration and Release are received.
9. Conditions of entry: By entering, you agree to read and abide by these Contest Rules and the decisions of the Sponsors, made in their sole and absolute discretion, which shall be final and binding in all matters relating to this Contest and the awarding of a Prize. Entrants who have not complied with these Contest Rules are subject to disqualification.
10. Release of liability / Consent to publicity: By completing and returning the Prize Form, and accepting the Prize, the winner: (i) confirms compliance with the Contest Rules; (ii) acknowledges that the Prize is not transferable (except as provided for herein and only at Sponsors sole and absolute discretion), and must be accepted as awarded or otherwise except where stated; (iii) consents to the use of his/her name, city of residence voice, statements, photographs and/or other likenesses for publicity, advertising or informational purposes in any medium or format carried out by the Sponsors and/or advertising agencies regarding the Contest or the Prize, without further notice or compensation; (iv) agrees to provide a digital photo of themselves, photo to approved at the Sponsors absolute and sole discretion; and (v) releases the Sponsors, their affiliates (including, without limitation, its parent, sister and subsidiary companies), advertising and promotional agencies, the independent contest organization, suppliers of materials or services related to the Contest and all of their respective shareholders, directors, officers, employees and agents (collectively the "Releasees") from and against all liability in connection with the Contest and/or the awarding and/or use of the Prize, including, as set out below in the LIMITATION OF LIABILITY section.
11. Limitation of liability: The Releasees do not assume any responsibility and the entrant releases the Releasees from any and all claims, actions, damages, demands and liabilities of whatever nature or kind arising out of, or in connection with the entrant's participation or attempted participation in the Contest and Prize, including, without limitation the administration of the Contest, the selection and confirmation of the winner, and the arranging, awarding and use of the Prize. Without limiting the generality of the forgoing, the Releasees are not responsible for (i) the incorrect or inaccurate capture of entry information; (ii) late, lost, stolen, illegible, contain false information, damaged, misdirected, mutilated, garbled or incomplete entries or entries that are altered or otherwise irregular, have been submitted through illicit means or do not conform with or satisfy any or all of the conditions of the Contest Rules; (iii) any loss, damage, or claims caused by the awarded Prize or the Contest itself; (iv) any failure of or problem with the website, or any website feature howsoever caused, including, without limitation, any problems, human or technical, printing errors, lost, delayed, garbled data or transmissions, omissions, interruptions, deletions, defects or failures of any telephone or computer lines, technical malfunctions of any computer on-line systems, servers, access providers, computer equipment, software, failure of any e-mail or entry to be received on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof including, without limitation, any injury or damage to an entrant's or any other person's computer related to or resulting from participating in or downloading any material connected to the Contest, all of which may affect a person's ability to participate in the Contest; (v) any website functionality lost due to not having cookies enabled; (vi) any errors, omissions, incorrect or inaccurate information in any Contest-related materials, including, without limitation, printing or advertising errors or the failure of or problems with any equipment or programming associated with or used in the Contest howsoever caused; (vii) the security or privacy of information transmitted via computer networks or for breaches of privacy due to interference by third party computer "hackers" or otherwise or (viii) any claims regarding the accepting, arranging, awarding or use of the Prize. Entry material/data that has been tampered with or altered is void; (ix) or any other malfunction or human or technical error, which may affect the ability of a person to access any online service or website, or to submit an entry form or otherwise participate in the Contest, or for late, lost, stolen, postage due, illegible or misdirected communications between entrants and Mastectomy Lingerie and More or its representatives.
13. General: This Contest will be run in accordance with these Contest Rules, subject to amendment by Sponsors. Entrants must comply with these Contest Rules, and will be deemed to have received and understood these Contest Rules by participating in this Contest. The terms of this Contest, as set out in these Contest Rules, are not subject to amendment or counter-offer, except as set out herein. This Contest is void where prohibited by law and is subject to all applicable federal, provincial and municipal laws and regulations. Except as expressly warranted herein, the Prize is provided "as is" without further warranty of any kind. Sponsors reserve the right to cancel, modify, or suspend this Contest or to amend the Contest Rules at any time and in any way, without prior notice, for any reason whatsoever. Without limiting the foregoing, if for any reason the Contest is not capable of running as originally planned, for example as a result of tampering or infection by computer virus, bug, corruption, security breach, or other cause beyond Sponsors reasonable control, Sponsors reserve the right to cancel or suspend the Contest and conduct a random draw from all previously received eligible entries.
14. Unsportsmanlike conduct: Sponsors reserve the right, in their sole and absolute discretion, to disqualify any entrant that it or independent contest organization finds to be: (a) violating the Contest Rules; (b) tampering or attempting to tamper with the entry process or the operation of the Contest or the Contest Website; (c) acting in an unsportsmanlike or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person or (d) attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unfair playing practices or intending to annoy, abuse, threaten or harass any other entrants or Sponsors representatives. If Sponsors suspect that an entrant has engaged in an unsportsmanlike or disruptive manner, the entrant will be contacted as soon as practicable. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS CONTEST OR TO UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS. SHOULD ANY SUCH ATTEMPT BE MADE, SPONSORS RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION, AND TO BAN OR DISQUALIFY AN ENTRANT FROM THIS AND FUTURE CONTESTS.
15. Dispute regarding identity of entrant: All entries must be submitted from a valid e-mail account. A selected entrant may be required to provide proof that he/she is the authorized account holder of the e-mail address associated with the selected entry. If a dispute arises regarding who submitted an on-line entry, the entry will be deemed to have been submitted by the authorized account holder of the e-mail address provided at the time of entry. The individual assigned to the e-mail address by an Internet access provider, on-line service provider, or other organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address is considered the authorized account holder. If the name of the authorized account holder does not agree with the full name on the entry form, the entry may be disqualified at the independent contest organization and/or Sponsors sole and absolute discretion.
16. If any part of these rules is declared or deemed illegal, unenforceable or invalid by a competent court, the affected part only will be considered invalid, but the remainder of the rules that are not affected will be applied within the limits permitted by law.