TERMS & CONDITIONS: SCENE LP “Incredible vacation from SCENE” (“Contest”)
By entering this Contest, you acknowledge that you have read, understood and accept the terms and conditions below and agree to abide by and be bound by all decisions of the Sponsor which shall be final and binding, without right of appeal in all matters relating to this Contest.
Sponsor: SCENE LP is the sponsor and administrator of this Contest (“Scene” or “Sponsor”). The Walt Disney Company (Canada) Ltd. is the Prize Provider (“Prize Provider”).
1. HOW TO ENTER
No purchase necessary. Contest begins at 12:01 AM E.T. Monday, May 7, 2018 and ends at 11:59 PM E.T. on Thursday May 31, 2018 (“Contest Period”). To enter the Contest, eligible entrants must register at: scene.ca/vacation and click on “Load Offer”. Once registered, any qualifying transaction (as set out below) processed during the Contest Period will earn the entrant one entry into the Contest. Individuals who are not SCENE members must first enroll at: https://www.scene.ca/enrollment.aspx. Enrollment in the SCENE program is free of charge. At the end of this enrollment flow, entrants will be directed to the contest landing page: scene.ca/vacation where they must register for the contest by clicking “Load Offer”. New members that complete this step will earn one entry into the Contest. Any entry associated with a fraudulent qualifying transaction, as determined by Sponsor, in its sole discretion, will be void and will not be entered into the draw for the prizes.
Qualifying transactions (Regardless of the number of items purchased, or SCENE points redeemed, each transaction will equal 1 entry into the Contest. Restrictions as noted below apply.)
Redeem SCENE points by purchasing a ticket to a movie at any Cineplex theatre, or through Cineplex.com or the Cineplex app. (Maximum of 1 entry into the Contest per day, regardless of the number of tickets purchased. In the event the transaction is cancelled or SCENE points refunded, the corresponding entry into the Contest will be void).
Redeem SCENE points by purchasing food and/or beverages at any Cineplex theatre (Excludes Tim Hortons and alcoholic beverages).
Redeem SCENE points to purchasing food and/or beverages at participating CARA restaurant. Restrictions apply. Visit scene.ca/dining for the full list of participating restaurants.
Redeem SCENE points when renting digital downloads or making a purchase at the Cineplex Store. (In the event the transaction is cancelled or SCENE points refunded, the corresponding entry into the Contest will be void).
Redeem SCENE points when purchasing food, gaming credits or an event ticket, (excluding alcohol) at The Rec Room®.
Redeem SCENE points for any reward on scene.ca or a partner site using the black SCENE membership card.
ALTERNATE MEANS OF ENTERING
Eligible entrants may enter the Contest by sending a valid mail-in entry, which must include the member’s first and last name and SCENE card number, with sufficient postage to "Incredible vacation from SCENE”, P.O. Box 3, 100 Yonge St. Suite 1601, Toronto, Ontario M5C 2W1. To be a valid mail-in entry, all entries must contain the information set out above and be postmarked by May 31, 2018, and received no later than noon E.T. on June 6,, 2018. Sponsor is not responsible for entries delayed or lost in the mail. Be sure that your first and last name and SCENE card number are complete. Mechanically reproduced entries will not be accepted. Multiple entries mailed together for one or more individuals in a single envelope shall be void.
In the event the Sponsor discovers attempts at multiple entries by one person using multiple SCENE membership numbers, or by multiple different people using the same SCENE membership number, each entry will be discarded and the entrant disqualified at the sole discretion of Sponsor. Selecting one method of entry over another does not improve your odds of winning. The odds of winning depend on the total number of eligible entries received during the Contest Period. A maximum of one Prize may be won per member.
Eligible entrants will have the chance to win one (1) of two (2) vacation packages (each a “Vacation Package” or a “Prize”) for the winner and up to three (3) Guests (collectively, the “Group”) for four (4) nights and five (5) days to the Disneyland Resort in California (the “Premises”). Each Vacation Package will include:
a) Up to four (4) round trip coach airfares for the Group between the major Canadian International airport closest to winner's residence (the “Departure Airport”) and a Southern California airport (the “Arrival Airport") (with possible layovers; airport, airline carrier and flights to be selected by Prize Provider in its sole and absolute discretion).
b) Up to four (4) round trip ground transfers for the Group between the Arrival Airport and the Premises (ground transfers to be selected by Prize Provider in its sole and absolute discretion).
c) Hotel accommodations for the Group (one (1) standard room/quad occupancy, including room tax, subject to certain room availability) for up to four (4) consecutive nights at a Premises hotel or Premises area hotel selected by Prize Provider in its sole discretion (parking at the Premises is not included).
d) Up to four (4) 5-Day Disneyland Resort Park Hopper Tickets (subject to restrictions) for use by the Group.
e) One (1) Disney Gift Card with a value of six hundred U.S. Dollars ($600USD) for the winner that can be used for meals and Disney merchandise (subject to restrictions).
f) One (1) Disney Gift Card with a value of two hundred and fifty U.S. Dollars ($250USD) for the winner that can be used for a character dining experience for the Group (subject to restrictions).
g) One (1) World of Color premium viewing experience for the Group on a night designated by Prize Provider during the dates of the Vacation Package, subject to show availability and times. Prize Provider may substitute another entertainment experience at its discretion.
Travel and lodging for the Vacation Package must be completed before September 3, 2018. No extension will be given after the Prize has expired. If the Prize is not redeemed, the Prize is void. If the winner of the Prize and/or their selected Guests cannot travel between the dates specified for any reason, the Prize will be forfeited in its entirety and Sponsor shall be under no obligation to provide the winner of the Prize with any further compensation or an alternate prize. In such instance, Sponsor may select an alternate entrant to receive the Prize or, if time to administer the Prize to an alternate entrant is not available as determined by Sponsor in its sole discretion, Sponsor may cancel the Prize and not award it to any entrant.
Approximate retail value (“ARV”) of each Prize is seven thousand one hundred fifty U.S. dollars ($7,150.00USD) plus applicable taxes. Actual value of the Prize will vary depending upon point of departure and fluctuation in hotel, airfare and US currency exchange rates and the selected Prize winners will not be entitled to any difference between the actual value of the Prize and the ARV. Accommodations and flight times are subject to availability and black-out periods. Reservations are subject to complimentary allotment and may not be available even if air is available on the brand specific website or through another travel partner. The details of each component of the Prize are as determined by the Sponsor and Prize Provider in their sole discretion. The winner of the Prize and his/her Guests must travel on the same itinerary, including traveling from the same Departure Airport and Arrival Airport. No change in travelling or accommodation arrangements can be made once the booking has been confirmed. The Released Parties (defined below) are not responsible if any scheduled event is delayed, postponed or cancelled for any reason and the winner will not be reimbursed for tickets or any additional costs, including costs of accommodations. All other costs and expenses associated with the Prize, including but not limited to, ground transportation between the winner’s residence and the Departure Airport, additional accommodations or overnight layover if required, travel insurance, baggage fees, parking fees, room service, laundry service, spa treatments, meals and beverages, in-flight meals and beverages, headsets, optional seat selection, flight entertainment, gratuities, optional excursions, spa treatments and services, specialty dining, tours and excursions, merchandise, telephone calls, items of a personal nature, applicable taxes (including airport taxes), personal charges at lodging, tips, gratuities, merchandise, souvenirs, incidental expenses, luggage fees, security fees and any other expenses not specifically described as included in the Prize are the responsibility of the winner of the Prize and his/her Guests.
The winner of the Prize and his/her Guests are responsible for arranging and obtaining in advance of departure all necessary travel documentation, passports, health, medical and other insurance as may be required. The winner and their Guests must have valid passports and be permitted to enter or travel to the United States. The Prize is subject to space availability at time of booking and advance reservations are required. The winner of the Prize and/or Guests will be required to present his/her ID at hotel check-in along with a valid credit card for potential incidentals or damages. Failure to comply with all travel, accommodation rules and regulations may result in the forfeiture of all or part of the Prize and Contest Parties will have no obligation to provide any compensation in respect thereof. Travel restrictions, conditions and limitations may apply. Contest Parties are not responsible for and will not replace any lost, mutilated, expired or stolen tickets, travel vouchers or certificates. It is recommended that the winner of the Prize and his/her Guests obtain sufficient personal insurance prior to departure. The Prize will not be rescheduled or substituted once reserved. Released Parties are not responsible if the Prize winner or any Guests are denied entry onto aircraft, into the destination, or return entry into departure point. In such a situation, the Prize winner and/or Guests will be responsible for any and all additional costs incurred. All airfare taxes, as well as connectors (if required) are to be paid by the winner and their guest(s). The Prize may not be used towards Aeroplan mileage accumulation program, or any other frequent flyer program.
Prize is non-transferable, non-salable, non-extendable and cannot be converted to cash, and no substitution will be made except as provided herein at the Sponsor’s sole discretion. No lost, damaged, expired or stolen components of the Prize will be replaced. Gift Cards are not redeemable or exchangeable for cash (except as required by law) and are subject to all terms and conditions of use as established by the Sponsor and Prize Provider. Sponsor reserves the right to substitute the Prize or Prize components for one of equal or greater value if the Prize should become unavailable for any reason. In the event that the winner is unable to redeem any or all of the Prize components, no compensation or substitute Prize will be provided. Winner is responsible for all taxes and fees associated with Prize receipt and/or use.
VACATION PACKAGE RULES
a) Vacation Package fulfillment and travel are subject to certain restrictions, air travel/flight availability, and certain hotel/room availability at the Premises. The Vacation Package must be booked through a travel agent as designated by Prize Provider at least two (2) weeks prior to arrival. Block-out dates apply. No extensions will be granted. Certain travel and lodging restrictions apply including airline carrier’s regulations and conditions. Airline tickets are non-refundable, non-transferable, and are not valid for upgrades. The Released Parties, as defined below, are not liable for any expenses incurred as a consequence of flight cancellation/delay.
b) Once selected by winner, Guests cannot be changed without the express consent of Prize Provider, which may be withheld for any reason.
c) Vacation Package and its components (including, without limitation, theme park tickets) may not be used in conjunction with any other promotion or offer, separated, sold, exchanged or redeemed for cash, traded, transferred, substituted, assigned, or rescheduled to dates other than as set forth above, except in Prize Provider’s sole and absolute discretion.
d) All elements of the Vacation Package (including, without limitation, the theme park tickets) must be used by the Group on the same dates during the redemption of the Vacation Package. Any portion of the Vacation Package not accepted or used by winner will be forfeited.
e) Theme park attractions and entertainment may be seasonal and subject to change without notice.
f) Theme park tickets must be used prior to September 3, 2018. Terms and conditions as set forth herein and on the theme park tickets shall apply.
g) A winner may not charge any Guest for participating in the Prize. Prizes are awarded "as is" with no warranty or guarantee, expressed or implied, being provided by Promoter or Prize Provider.
h) If the winner chooses to bring less than the allotted number of Guests, the Vacation Package will be awarded in increments suitable for the actual number of participants with no substitute prize or compensation provided to the winner.
i) Winner acknowledges that he/she is solely responsible for any actions, claims or liabilities of the Group, related to any use or misuse of the prize or any prize-related activity or travel.
3. PRIZE DRAWING
Sponsor will select in a random drawing two (2) potential winners of the Prize on June 7, 2018 at approximately 2:00pm E.T. in Toronto, Ontario. The Sponsor will attempt to contact the potential Prize winners using the telephone number or email that was provided during entry. If a selected entrant cannot be reached within two (2) business days after the date of the draw or after three (3) attempts to contact, whichever comes first, or the Prize notification is returned as undeliverable, or if a potential winner refuses to accept the Prize, or incorrectly answers the mathematical skill testing question, or fails to return the declaration and release forms for the Group within the required time limit, Sponsor shall have the right to choose another entrant from the remaining eligible entries. This process shall continue until the Prize has been awarded, time permitting. Prior to being declared a winner and receiving or participating in the Prize, the potential Prize winners must each correctly answer a mathematical skill testing question and sign a declaration and release form confirming understanding of, compliance with, and acceptance of the Contest rules and acceptance of the Prize as awarded and a standard release of all liability satisfactory to the Sponsor by June 19, 2018. Potential winners shall cause each of his/her Guests to sign a declaration and release form to be returned to the Sponsor by June 19, 2018.
If a potential Prize winner is under the age of majority in the province or territory of his/her residence, the potential Prize winner’s parent or legal guardian (as applicable) must sign the declaration and release form by June 19, 2018 on behalf of their minor child and accompany them on the Vacation Package as one of the Guests. If the parent or legal guardian of the potential Prize winner does not accept this responsibility, the Prize will be awarded to another entrant, time permitting. The Guests of the Prize winner must be over the age of majority in their province of residence unless they are the minor child(ren) of the winner, in which case, the winner (i) must be of the age of majority in his/her province or territory or residence, (ii) must sign a declaration and release form satisfactory to Sponsor on behalf of his/her minor child(ren) and (iii) must accompany the minor Guests at all times during the use of the Prize. Sponsor must receive the declaration and release form from the potential Prize winner within two (2) business days from the date it is sent by the Sponsor or the potential winner will be disqualified and will not receive the Prize.
All eligible entrants that use their SCENE membership card/number for a Qualifying Transaction (as set out below) either before or after they have registered during the Contest Period, will earn one entry per transaction into the draw for a Prize.
Contest is open to SCENE members who are legal residents of Canada, who are at least fourteen (14) years of age as of the start date of this Contest. Each entrant’s SCENE account must be in good standing during the Contest Period, and if selected as potential winner, until the completion of the verification process. The entrant of any account found to not be in good standing will be disqualified and will not receive a Prize. For the purposes of this Contest, good standing means not cancelled or suspended. Contest is not open to employees of the Sponsor, Prize Provider, or any of either party’s respective parent, subsidiary or affiliated companies, licensees, advertising and promotional agencies (collectively the “Contest Parties”) or their immediate family (defined as parents, siblings, children and spouses, regardless of where they live), or those domiciled with employees of the Contest Parties. Sponsor reserves the right to verify the age of potential Prize winners and that such person is not ineligible to enter the Contest based on the foregoing sentence. Void where prohibited. If an Entrant is an eligible minor in his or her jurisdiction of residence, his or her parent or legal guardian agrees to these Contest rules along with and on behalf of his or her minor child. All rights and responsibilities of a minor under the Contest rules are conferred and assumed respectively by the minor’s parent or legal guardian in representation of the minor.
5. GENERAL RULES
None of the Released Parties shall be liable for lost, late, incomplete, misdirected, and not received, stolen, mutilated, or illegible entries. By entering this Contest, entrants accept and agree to be bound by these rules and the decisions of the Sponsor, which are final, binding and conclusive on all matters relating to this Contest. All entries become the property of the Sponsor, none will be returned and no correspondence will be entered into except with selected entrants who will be notified by email. The Sponsor reserves the right to disqualify all entrants who fail to follow these official rules and regulations or who make any misrepresentation relating to the Contest, drawing and redemption of the Prizes. This Contest is subject to all applicable Federal, Provincial and Municipal legislation. Entry constitutes permission to use the winner's name, photograph, and/or voice recording for publicity purposes without additional compensation or permission, except where prohibited by law. Decisions of the Sponsor are final with respect to all aspects of this Contest.
None of the Released Parties shall be responsible for any website or wireless network failure during the Contest or for any problems or technical malfunction of a telephone network or lines, computer on-line systems, servers, access providers, computer equipment, software, failure of any email, online, Internet or mobile entry to be received by the Sponsor. In addition, the Sponsor shall not be responsible if due to technical problems, traffic congestion on the Internet or any wireless network, or any combination thereof for any damage including any injury or damage to an entrant's or any other person's computer, mobile phone or property related to or resulting from playing or downloading any material in the Promotion. The Sponsor reserves the right, at its sole discretion to modify, cancel or suspend this Contest should a virus, bug or any other cause beyond the reasonable control of Sponsor corrupt the security or proper administration of the Contest, subject to the approval of the Régie des alcools, des courses et des jeux du Québec (the "Régie"). Any attempt to deliberately damage or to undermine the legitimate operation of this promotion 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, including criminal prosecution. Entries are subject to verification and will be declared invalid if they are illegible, incomplete, mechanically reproduced, mutilated, forged, falsified, altered or tampered with in any way.
In the event of a dispute, entries will be deemed to have been submitted by the owner of the SCENE account associated with the Qualifying Transaction, or in the case of a mail-in entry, the membership number provided. A selected entrant may be required to provide proof that they are the owner of the SCENE account at issue. The sole determinant of the time for the purposes of a valid mobile entry in this Contest will be the Contest server machine(s).
Copies of these rules and regulations are available upon request by sending a stamped self-addressed envelope to:
“Incredible vacation from SCENE”
P.O. Box 3, 100 Yonge St, Suite 1601,
Toronto, Ontario M5C 2W1.
At SceneLP, we are committed to respecting your privacy rights. Any personal information that we gather will be handled in strict accordance with our privacy policies, available at www.scene.ca and all applicable privacy legislation. SceneLP will not sell your personal information collected for this Contest to any third parties. Any personal information collected for this Contest shall be used by SceneLP as is disclosed herein. Please note that by submitting personal information to enter this Contest, you consent to SceneLP’s use of your personal information in order to manage and administer this Contest.
7. NO LIABILITY
The Contest Parties, and each of their respective parent, related, affiliated and subsidiary entities and each party’s respective officers, directors, agents, employees, representatives, agencies and assigns (collectively, the “Released Parties”) shall not be responsible in any way for the use of, or bear any liability whatsoever in any way attributable to, any Prize awarded in this Contest or the events forming part of this Contest. By participating in the Contest or participating in or accepting any Prize, all entrants release and hold harmless the Released Parties from any and legal claims, demands, damages, action and/or causes of action, all liability or any injuries, loss or damage of any kind arising from or relating to participation in this Contest or acceptance, use, misuse or nonuse of any Prize or part thereof (including travel related thereto), and from liability to any other persons relating to or resulting from entering this Contest. None of the Released Parties make any warranty, representation or guarantee, express or implied, in fact or in law, relative to the use of the Prize, including, without limitation, quality, merchantability, and fitness for a particular purpose. Further, no responsibilities are accepted for any additional expenses, omissions, delays, re-routing, or acts of any government or authority.
8. LANGUAGE DISCREPANCY
In the event of any discrepancy or inconsistency between the English language version and the French language version of the Contest Rules, or of any contest materials or declaration and release forms, the English version shall prevail, govern and control.
9. GOVERNING LAW
All issues and questions concerning the construction, validity, interpretation and enforceability of the Contest or the Contest Rules or the rights and obligations as between the entrants and Sponsor in connection with the Contest shall be governed in accordance with the laws of the Province of Ontario, Canada, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction's laws. All parties hereby attorn to the jurisdiction of the courts of that Province, sitting in the City of Toronto, Ontario, in respect of the determination of any matter or dispute arising under or in respect of the Contest or the Contest Rules and agree that any such determination shall be brought solely and exclusively before such courts in the Province of Ontario. All disputes arising out of or relating to the winner’s use of any Prize shall be resolved by applying the laws of California, without regard to conflict of law rules, and shall be solely and exclusively brought in state or federal courts within Orange County, California. Any such claim shall be resolved individually, without resort to any form of class action, and all such claims shall be limited to actual out-of-pocket costs incurred, but in no event to include attorneys’ fees.
For Quebec residents, any litigation respecting the conduct or organization of this Contest may be submitted to the Régie for a ruling. Any litigation respecting the awarding of a Prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement. The Sponsor reserves the right, with the consent of the Régie in the Province of Québec, to terminate or amend this Contest at any time and in any way, without prior notice. Without limiting the foregoing, if, for any reason, the Contest is not capable of running as originally planned, such as tampering, the Sponsor reserves the right, with the consent of the Régie, to cancel the Contest and conduct the random draw from all previously received eligible entries and mail-in entries received by the as of the cancellation date of the Contest.
Prize Provider is not responsible for the administration of the Contest or the selection of winners. Please direct all inquiries to the Sponsor.