Holiday Contest Terms - Tourism Hamilton

Holiday Giveaway – Official Contest Rules

No purchase is necessary to play or win.

1. Agreement to Rules

By participating, you (the “Entrant”) agree to be fully and unconditionally bound by these official contest rules (the “Rules”), and you represent and warrant that you meet the eligibility requirements set forth herein. In addition, you agree to accept the outcome of the Contest as final and binding in all respects. Tourism Hamilton's Holiday Giveaway ("The Contest") is subject to all federal, provincial, and local laws.

2. Eligibility

The Contest is open only to those who are 19 years of age as of the date of entry. The Contest is only open to legal residents of the province of Ontario and is void where prohibited by law. Employees of the City of Hamilton, employees of any sponsors of the Contest and any other suppliers of materials and services related to the Contest, their respective affiliates, the Contest judges (if applicable), and the immediate family members of each (i.e. parents, step-parents, legal guardians, children, step-children, siblings, step-siblings or spouses) and/or those living in the same household of each are not eligible to participate in the Contest. Entries are limited to individuals only; commercial enterprises and business entities are not eligible to enter the Contest. The Contest is subject to all applicable federal, provincial and local laws and regulations. If it is discovered that an Entrant has entered the Contest without meeting the eligibility requirements, the Entrant’s entry will be immediately voided.

3. Contest Period

Contest entries will be accepted starting on or about 8 a.m. ET December 5, 2024 and ending at 11:59 p.m. ET on December 8, 2024 (the "Contest Period").

The City of Hamilton reserves the right to cancel or suspend this Contest in the event of any accident, printing, administrative, or other error or situation of any kind without prior notice or obligation.

4. How to Enter

The Contest must be entered on INSTAGRAM by going to Tourism Hamilton’s Instagram page during the Contest Period. To enter, follow these steps:

1. Like Tourism Hamilton's Holiday Giveaway Instagram post (posted December 5, 2024)
2. Follow @TourismHamilton on Instagram
3. Tag who you would like to take to the game (every tag counts as an entry)

All entries must be received prior to the end of the Contest Period.

The City of Hamilton, its affiliates, advertising and promotion agencies, and the Contest judges and sponsors (if applicable) are not responsible for late, lost, misdirected, or delayed entries. Without limitation, the City of Hamilton, its affiliates, advertising and promotion agencies, and the Contest judges and sponsors (if applicable) will not be liable for the failure of any entry to be received for any reason.

Automated, programmed, scripted or robotic entries are prohibited.

5. Draw and Release

Within seven (7) business days following the end of the Contest Period, one (1) winner will be selected by random draw from all eligible entries received.

The selected Entrant will be contacted by Tourism Hamilton via Instagram within seven (7) business days of the draw.

In order for a prize to be awarded to a selected Entrant, the selected Entrant must, within 48 hours of notification by Instagram message, respond with their name and email address. Upon delivery of email to email address provided, entrant must confirm eligibility via answers to questions asked and provide proof of Ontario residence within 48 hours.

In so doing, the Entrant will confirm compliance with these Rules, acceptance of the prize as awarded and release the City of Hamilton and its sponsors, directors, officers, agents, representatives, employees, successors and assigns (“Releasees”) from all liability in connection with the Contest, the Entrant’s participation therein and/or the awarding and use or misuse of a prize or any portion thereof, including any travel related thereto, as the case may be.

The City of Hamilton shall have no liability for a winner’s failure to receive notices due to a winners’ spam, junk e-mail or other security settings or for a winners’ provision of incorrect or otherwise non-functioning contact information. If the selected winner cannot be contacted, is ineligible, fails to respond or claim prize in allocated timeframe, the prize may be forfeited and an alternate winner may be selected.

The receipt by a winner of a prize offered in this Contest is conditioned upon compliance with any and all federal and provincial laws and regulations. ANY VIOLATION OF THESE RULES BY ANY WINNER (AT CITY OF HAMILTON’S SOLE DISCRETION) WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS WINNER OF THE CONTEST AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED

6. Prizes

There is one (1) prize package available to be won. The prize package is valued at approximately $245 CDN. There is no cash alternative to the whole or any part of the Prize. Prize is time bound and winner agrees to travel to Hamilton for the Tim Baker Show at Bridgeworks on or before December 14th, 2024. No difference between the actual and approximate retail values will be awarded.

Prize Packages for Two (2) consists of:
• Two (2) tickets to the Tim Baker Concert at Bridgeworks on December 14th, 2024.
• One (1) Gift card for Radius in Hamilton valued at $150 CAD.

Prize must be accepted on an 'as is' basis. Other conditions may apply subject to the terms of the individual gift cards and admission tickets. Transportation from winner's home to and from Hamilton is not included. Winner will be responsible for any personal liability coverage and/or insurance. Gratuities are the sole responsibility of the winner.

Actual/appraised value may differ at time of prize award. The specifics of the prize shall be solely determined by the City of Hamilton. The City of Hamilton reserves the right to substitute a prize or a prize component with one of equal or greater quality/value. No cash or other prize substitution permitted except at the City of Hamilton’s discretion. Prizes are non-transferable. Any and all prize related expenses, including without limitation any and all federal, provincial, and/or local taxes shall be the sole responsibility of the winner. No substitution of a prize or transfer/assignment of a prize to others or request for the cash equivalent by winners is permitted.

The person submitting the entry will be considered the Entrant and will be the only person eligible to be selected for a prize. In order to be eligible to win a prize, Entrant must provide accurate and complete information. Limit of one (1) prize may be awarded per Entrant. All prizes must be accepted as awarded. Prizes may not be exactly as shown.

By accepting a prize, the winner (and such Entrant's travel companion(s), as the case may be) accept the inherently dangerous nature and risk involved in travel, whether by plane, automobile, or other conveyance, or by foot, on land or water and in the air, including personal injury and / or death, and acknowledges that his / her / their participation in the prize event is voluntary, acknowledges that there are natural factors and occurrences which may impact on or affect the safety of the activities he / she / they is participating in and he / she / they assumes the risk of such factors and occurrences and agrees that promotional parties shall not be in any way responsible for any resulting injury and / or death.

7. Odds

Odds of winning depend on the number of eligible entries received.

8. Privacy

In brief, “personal information” is information that can be uniquely identified with you, such as your full name, address, email address and phone number for the purposes of the Contest. By entering this Contest, you understand personal information relating to you may be collected for trade, advertising, public relations and promotional purposes. Furthermore, by entering the Contest, each Entrant expressly consents to the City of Hamilton, anyone acting on behalf of the City of Hamilton, or its respective successors and assigns sharing and using personal information submitted by the Entrant with his/her/their entry form for the purposes of administering the Contest and communicating with the Entrant for that purpose. Questions about the collection of personal information should be addressed to the City of Hamilton to the attention of City of Hamilton, privacy@hamilton.ca.

By accepting a prize, winning Entrants consent to the City of Hamilton's use of their name, address (city/province), photograph or other likeness, statements about the Contest and/or prize information for promotional purposes in any medium, whether now known or hereafter developed, including but not limited to any Internet-based medium, at any time and in perpetuity, without additional compensation or notice. For greater certainty, all winner name(s) may be posted on Facebook, Instagram and Twitter at the sole discretion of the City of Hamilton.

Personal Information collected by the City of Hamilton is done so under the legal authority of Section 227 of the Municipal Act, 2001, S.O. 2001, c.25. Personal information submitted with an entry is subject to the Municipal Freedom of Information and Protection of Privacy Act ("MFIPPA") and the Personal Information Protection and Electronic Documents Act, 2000, c. 5. as well as the City of Hamilton's obligations thereunder.

The City of Hamilton will limit the collection and use of both the amount and the type of personal information to that which is necessary for the identified purposes, for the management and oversight of the data collection, to ensure compliance with this privacy statement as it applies to the Contest, to preserve the integrity of the Contest database or to comply with applicable laws and/or regulations.

The City of Hamilton will take reasonable steps to ensure that personal information about you is protected from unauthorized access, disclosure, copying, use or modification. Although we have enacted certain security measures, we cannot guarantee the security of any information that you submit via email or over the internet. Please be aware that there are technology implications concerning the collection of information when you are visiting websites, including the City's websites. Submission of personal information using such networks is done at your own risk since no internet transmission is ever 100 per cent secure or error-free. Our websites may contain links or references to other websites to which this privacy statement does not apply. The City of Hamilton is not responsible for the data collection and use practices of other organizations to which the City's websites may provide links. We encourage you to read the privacy statement or policy of every website you visit.

Limiting Use, Disclosure and Retention:

Limiting Use: The City of Hamilton uses personal information about you only for the purposes for which it was collected.
Limiting Disclosure: The City of Hamilton does not disclose your personal information other than as described in this privacy statement or otherwise with your consent, unless permitted or required by law.
Limiting Retention: Personal information will be retained only as long as necessary to fulfill the purposes for which it was collected or in accordance with applicable laws and the City's retention policies

9. Limitations of Liability

By entering the Contest, Entrants (and such Entrant's travel companion(s), as the case may be) agree to release and hold harmless the City of Hamilton and its promotional partners, officials, officers, directors, employees, agents, affiliates, and representatives from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) such Entrant's (and such Entrant's travel companion(s), as the case may be) participation in the Contest, including any travel related thereto, and/or his/her/their acceptance, possession, use, or misuse of any prize or any portion thereof, (ii) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (iii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Contest; (v) electronic or human error which may occur in the administration of the Contest or the processing of entries.

10. Disputes

THIS CONTEST IS GOVERNED BY THE LAWS OF CANADA AND ONTARIO, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Contest, the Entrant agrees that any and all disputes which cannot be resolved between the parties and causes of action arising out of or connected with this Contest, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Ontario having jurisdiction. Further, in any such dispute, under no circumstances will the Entrant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable lawyers’ fees, other than the Entrant’s actual out-of-pocket expenses (i.e. costs associated with entering this Contest), and the Entrant further waives all rights to have damages multiplied or increased.

11. General

The Contest is subject to all applicable federal, provincial, municipal and local laws.

By entering the Contest, Entrants agree to comply with the Rules and the decisions of the City of Hamilton, whose decisions are final and binding on all Entrants in all matters related to the Contest. Entrants who have not complied with these Rules are subject to disqualification. The City of Hamilton reserves the right, at its sole discretion and without prior notice, to modify, cancel, terminate or suspend the Contest should any virus, bug, worm, trojan horse, technical failures, printing or other administrative error, human intervention, fraud or other causes beyond the reasonable control of the City of Hamilton corrupt or affect the administration, security, fairness or proper conduct of the Contest.

Paragraph headings are for convenient reference only and are not to affect the interpretation of these Rules.

No correspondence will be entered into except with potential winners or as otherwise in compliance with the Rules. If any provision of these Rules is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision shall not affect any other provision of the Rules.

In the event of a dispute regarding the identity of the person who submitted an online entry, the entry will be deemed submitted by the authorized account holder of the email address submitted on the official online entry form. "Authorized account holder" is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization or person that is responsible for assignment email addresses for the domain associated with the submitted email address. A selected Entrant may be required to provide the City of Hamilton with proof that s/he is the authorized account holder of the email address associated with the selected entry.

The City of Hamilton, has the right, in its sole discretion, to maintain the integrity of the Contest, to void entries for any reason, including, but not limited to; multiple entries from the same user from different IP addresses in excess of that allowed by these Rules; multiple entries from the same computer in excess of that allowed by these Rules; or the use of bots, macros or scripts or other technical means for entering.

Any attempt by an Entrant to deliberately damage any web site or undermine the legitimate operation of the Contest may be a violation of criminal and civil laws and should such an attempt be made, the City of Hamilton reserves the right to seek damages from any such person to the fullest extent permitted by law.

12. Winner(s) Name(s)

For a list of all the winners, send a self-addressed stamped envelope by first class mail to: “Winner, Holiday Giveaway" Tourism Hamilton, 28 James St. N., Hamilton, ON L8P 4Y5" after the draw date(s) and before December 31st, 2024.