SCENE GP “Vacation Contest” (“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 GP 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 13, 2019 and ends at 11:59 PM E.T. on Friday, June 28, 2019 (“Contest Period”). To enter the Contest, eligible entrants who are existing SCENE members must download and login to the SCENE mobile application and click on “Enter Now” on the contest intercept or offer page to register for the Contest. Eligible entrants who are not registered members of the SCENE program must submit their personal information to enroll in the SCENE program before logging into the SCENE mobile application and clicking on “Enter Now” on the contest intercept or offer page to register for the Contest. Each eligible entrant may only enter this Contest once. 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. The odds of winning depend on the total number of eligible entries received during the Contest Period.

 

  1. PRIZE

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 five (5) nights and six (6) days to the Walt Disney World Resort in Florida (the “Premises”). Each Vacation Package will include:

  1. 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 the Orlando International Airport (the “Arrival Airport”) (with possible layovers) on Prize Provider’s selected carrier.

  2. Four (4) round trip ground transfers between the Arrival Airport and the Walt Disney World Resort via motorcoach.

  3. Hotel accommodations for the Group (one (1) standard room/quad occupancy, including room tax, subject to certain room availability) for up to five (5) 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).

  4. Up to four (4) 6-Day Theme Park Tickets with Park Hopper Plus Water Parks subject to rehabilitation, seasonal and weather closures. Green fees are for one round of golf. Tee times required and are subject to availability. Valid for one round. Round must start prior to 4:00 p.m. Only one miniature golf visit per day. ESPN Wide World of Sports Complex valid only on event days. There are no events on certain days; some events require an additional admission charge. Days and hours of operation of concessions, venues and attractions varies based on event schedule. Visit www.espnwwos.com for more information.

  5. One (1) Disney Gift Card with a value of six hundred U.S. Dollars ($600 USD) for the winner that can be used for meals and Disney merchandise (subject to restrictions).

  6. Services of one (1) Disney VIP Tour Guide for eight (8) hours on one (1) day.

 

The estimated retail value of each Vacation Package is Eleven Thousand Nine Hundred Fifty One and 20/100 U.S. Dollars (11,951.20 USD).  The actual value of each Vacation Package may vary depending on point of departure, fluctuations of hotel rates and airfares, and fluctuations in the currency exchange rates for U.S. Dollars.  Any difference between the approximate retail value and the actual cost of each Vacation Package will not be awarded.

 

Travel and lodging for the Vacation Packages must be completed before March 1, 2020. No extension will be given after the Prizes have expired. If a Prize is not redeemed, the Prize is void. If the winner of a 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.

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 Contest 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, 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, 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.  Contest 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 Prize Provider’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 and Prize Provider reserve 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

  1. 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 Contest Parties, as defined below, are not liable for any expenses incurred as a consequence of flight cancellation/delay.
  2. Once selected by winner, Guests cannot be changed without the express consent of Prize Provider, which may be withheld for any reason.
  3. 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.
  4. 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.
  5. Theme park attractions and entertainment may be seasonal and subject to change without notice.
  6. Theme park tickets must be used prior to March 1, 2020. Terms and conditions as set forth herein and on the theme park tickets shall apply. 
  7. 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.
  8. 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.
  9. 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. 

 

 

  1. PRIZE DRAWING

Sponsor will select in a random drawing two (2) potential winners of the Prize on July 8, 2019 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 address associated with their SCENE membership account. 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 July 15, 2019. Potential winners shall cause each of his/her Guests to sign a declaration and release form to be returned to the Sponsor by July 15, 2019.

 

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 July 15, 2019 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. 

 

 

  1. ELIGIBILITY

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 and accompany them on the Vacation Package as one of the Guests.  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.

 

  1. GENERAL RULES

None of the Contest 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 Contest 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 the membership number provided at the time of entry. 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:


SCENE GP 
“Vacation Contest”
P.O. Box 3, 100 Yonge St, Suite 1601, 
Toronto, Ontario M5C 2W1.

 

  1. PRIVACY

At SCENE GP, 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. SCENE GP 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 SCENE GP as is disclosed herein. Please note that by submitting personal information to enter this Contest, you consent to SCENE GP’s use of your personal information in order to manage and administer this Contest.

 

  1. 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.  

 

  1. 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.

 

  1. 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 Florida, without regard to conflict of law rules, and shall be solely and exclusively brought in state or federal courts within Orange County, Florida. 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.

 

 

  1. Quebec:

 

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.