Urban Planet – Win 1 of 3 prize packages including a trip for 2 to Palm Spring plus accommodation & 2 concert tickets to the Coachella Valley Music and Arts Festival
Official Rules and Regulations
“Coachella: Exclusive Concert Experience Contest”
THESE RULES AND REGULATIONS (THE “CONTEST RULES”) GOVERN THE “Coachella: Exclusive Concert Experience Contest” CONTEST (THE “CONTEST”). YOUR PARTICIPATION IN THE CONTEST CONSTITUTES ACCEPTANCE AND AGREEMENT TO ALL OF THESE RULES AND REGULATIONS. IF YOU DO NOT AGREE WITH EACH AND EVERY PROVISION OF THESE RULES AND REGULATIONS YOU MAY NOT PARTICIPATE IN THE CONTEST.
1. Contest Dates and Times: The Contest begins on March 9, 2018 at 4:00 p.m. ET and ends on March 29, 2018 (the “Contest Closing Date”) at 11:59 p.m. ET.
2. Contest Sponsor: This Contest is sponsored and administered by YM Inc. (Sales) d/b/a Urban Planet of 50 Dufflaw Road, Toronto, Ontario M6A 2W1.
3. Eligibility: This Contest is only open to legal residents of Canada only (excluding residents of Quebec) individuals who are eighteen (18) years of age or older as of the date of entry and is governed by Canadian law. In provinces/territories where the age of majority is 19, entrants who are 18 years old must have parental/guardian consent and must have a parent or legal guardian sign all required documentation. This Contest is not open to: a) residents of Quebec; or b) directors, officers or employees of YM, its agents, affiliated or related companies, subsidiaries, divisions (collectively, the “YM Group”) or promotional agencies, members of the immediate family of, or persons domiciled with directors, officers or employees of the YM Group. Proof of identification and eligibility must be provided upon request.
4. How to Enter: No purchase or payment is necessary to participate in the Contest. To enter the Contest, eligible individuals must either: a) Visit @urbanplanet on Instagram and “Follow” us; b) visit any Urban Planet store in Canada (excluding Quebec) and text the word “FESTIVAL” to a contest entry phone number provided under the heading “Contest Entry Text-In Phone Numbers” in each participating store; or c) complete the online entry form found at urban-planet.com/festival. Once an eligible individual completes an online entry form, he/she will receive by e-mail a link to the contest sign up page where they will be required to provide their full name, a valid e-mail address and their phone number. Entrants will be required to accept electronic communications by from the YM Group including providing consent to sign up for SMS and e-mail marketing. They may choose to unsubscribe from electronic communications at any time. Standard data and text messaging rates apply for entry. The submission of an entry form online constitutes an “Entry”. Entries will only be accepted via one of these three methods and not by any other means. Limit of one Entry per email address and individual during the Contest period. Multiple entries are not permitted. To be eligible, Entries must be received by YM no later than 11:59 p.m. ET on the Contest Closing Date. All Entries become the property of the YM Group and will not be acknowledged or returned.
5. The Prize: There are three (3) prizes to be won, each of which includes: a) one set of two concert tickets to the Coachella Valley Music and Arts Festival taking place from April 13-15, 2018 in in Indio, California; b) two economy class return airfare tickets from Canada to Palm Springs, CA; and (c) four nights’ hotel accommodation in Palm Desert, CA Thursday, April 12th to Monday, April 16th. The prizes do not include any other fees, charges or benefits, such as taxes, duties or insurance, all of which are the winners’ sole responsibility. Prizes are subject to all standard conditions, restrictions, requirements and regulations of the prize suppliers. The prizes must be accepted as awarded and cannot be transferred, assigned, substituted or redeemed for cash and will be awarded to the winners only. The YM Group may, in its sole discretion, make substitutions of equivalent kind or approximate retail value, if a part of or the entire prize is not available. Any unused, unclaimed or declined portion of the Prizes will be forfeited, have no cash value and the YM Group shall have no obligation to provide either an alternative or value-in-kind.
6. The Draw: On or around March 29, 2018 (the “Draw Date”), random draws for the prizes will be made at the head office of the YM Group, located at 50 Dufflaw Road, Toronto, Ontario M6A 2W1 from all eligible Entries received. The odds of winning the Contest are dependent on the total number of eligible Entries received. The first entrants whose names are selected at random from all eligible Entries will be notified by text, email and/or phone within three (3) days of the Draw Date at the email address or phone number indicated on the Entry Form. Return of a prize notification email as undeliverable, or the selected entrant’s failure to respond to the prize notification email within twenty-four (24) hours, or the selected entrant’s failure to fully comply with these Contest Rules, may, in the YM Group’s sole discretion, result in a forfeiture of the prize without any liability to the selected entrant or any other person, and another entrant may be randomly selected from the remaining eligible Entries and in accordance with these Contest Rules. In the event of a dispute regarding who submitted an Entry, the Entry will be deemed submitted by the holder of the email account indicated on the Entry Form. The YM Group is not responsible for the failure for any reason whatsoever of a selected entrant to receive notification or for its failure to receive a selected entrant’s response. If, as a result of an error relating to the entry process, drawing or any other aspect of the Contest, there are more selected entrants than contemplated in these Contest Rules, there will be a random draw amongst all eligible Prize claimants after the Contest’s closing date to award the correct number of Prizes.
7. How to Win: Before a selected entrant is declared the winner of the Contest, he or she must: (a) fully comply with these Contest Rules; (b) correctly answer, unaided by any other person, a time limited, mathematical skill-testing question to be administered by the YM Group over the telephone or electronically at a mutually convenient time; and c) within two (2) days of being contacted sign the return and Waiver Release of Liability Form (as described below). If the selected entrant’s telephone number is not on the Entry form, a YM representative will request it via email at the time the selected entrant is notified that he or she was selected in the Contest draw.
8. Release: Before a selected entrant is declared the winner of the Contest, he or she along with his/her accompanying guest must sign a contest eligibility and liability/publicity release (a “Waiver Release of Liability Form”) confirming compliance with these Contest Rules and accepting the prize as awarded; irrevocably releasing the YM Group and each of its respective directors, officers, employees, agents, representatives, and third parties relating to the contest, including Universal Music Canada (collectively, the “Releasees”) from any and all liability for any loss, harm, damages, cost or expense arising out of participation in the Contest, participation in any Contest-related activity or the acceptance, use, or misuse of any Prize, including but not limited to costs, injuries, losses related to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light, or from any and all claims of third parties arising therefrom and except where prohibited by law, consenting YM to publicly announce the selected entrant’s name as the prize winner and use the selected entrant’s name, address (city and province) and image, worldwide and in perpetuity, for promotional and advertising purposes in any and all forms of media and technology now known or later developed whatsoever, without any further compensation to the selected entrant or any other person. The YM Group has the sole authority and discretion to determine whether a Waiver Release of Liability Form has been properly executed and has the sole authority and discretion to accept or refuse a Waiver Release of Liability Form that has not been properly executed. The executed Waiver Release of Liability Form must be returned within forty-eight (48) hours of the date on which the entrant is notified of his/her selection, failing which the selected entrant will be disqualified and the Prize forfeited.
9. Limitation of Liability: Releasees are not responsible for: any incorrect or inaccurate entry information, human errors, technical malfunctions, failures, viruses, omissions, interruptions, deletions or defects of any telephone network, computer online systems, computer equipment, servers, providers, or software, including, without limitation, any injury or damage to entrants’ or any other persons’ computer relating to or resulting from participation in the Contest, inability to access the Contest Website; inability to download entry material; theft, tampering, destruction, or unauthorized access to, or alteration of, entries, data that is processed late or incorrectly or is incomplete or lost due to telephone, computer or electronic malfunction or traffic congestion or telephone lines or the Internet or the Contest Website, human or other errors relating to or in connection with the Contests, including, without limitation, errors which may occur in connection with the administration of the Contest, the processing of entries, the announcement of the Contest Winners or in any Contest-related materials, or for any other reason whatsoever. Proof of submitting an entry is not considered proof of delivery or receipt. Entrant assumes liability for injuries caused or claimed to be caused by participating in the Contest, or by the acceptance, possession, use of, or failure to receive, or inability to use any prize. Releasees assume no responsibility or liability in the event that the Contest cannot be conducted as planned for any reason.
10. Personal Information: By entering the Contest, entrants consent to the collection, use and disclosure of their personal information by the YM Group for the purposes of the administration of the Contest and to use for promotional purposes. Information is retained for as long as necessary to fulfill the purpose(s) for which it was collected and to comply with applicable laws. Any inquiry concerning entrants’ personal information collected and used by the YM Group should be addressed to email@example.com.
11. Conduct: By participating in the Contest, each entrant is deemed to have executed and agrees to be bound by the Contest Rules. Each entrant further agrees to be bound by the decisions of the YM Group, which shall be final and binding in all respects. The YM Group reserves the right, in its sole discretion, to disqualify any entrant found to be: (a) violating the Contest Rules; (b) tampering or attempting to tamper with the entry process or the operation of the Contest and/or the Contest website or any related promotional website; and/or (c) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass the YM Group or any other person. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE CONTEST WEBSITE OR ANY RELATED WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE YM GROUP RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING BUT NOT LIMITED TO CRIMINAL PROSECUTION. Winners and guests must at all times behave appropriately when taking part in the Prize and observe the Contest Rules and any other rules or regulations in force at the venue. The YM Group and/or the venue personnel reserve the right to remove from the venue any winner and/or guest who breaks such rules and/or fails to behave appropriately and to disqualify such winner and/or guest.
12. General Conditions
a. YM reserves the right to withdraw, amend, terminate or suspend in whole or in part this Contest at any time without prior notice and without liability if YM determines that for any reason the Contest is not capable of being conducted as planned, including without limitation, due to the unsatisfactory quality of the Entries, technical corruption, virus, bugs, unauthorized human intervention or any other technical problems, which may arise from time-to-time, destroying or interfering with the security, fairness, administration, integrity and proper conduct of this Contest.
b. The YM Group and each of its directors, officers, employees and agents are not liable, jointly or severally, for any of the following:
i. Erroneous, damaged, undelivered, destroyed, lost, late, incomplete, incorrectly addressed or misdirected Entries, regardless of cause;
ii. Failure for any reason whatsoever of selected entrant(s) to receive a prize notification email (including changes in selected entrant’s email address after Entry form is submitted);
iii. Computer, online, telephone, communication or technical malfunctions or errors that may occur, regardless of cause; or
iv. Damage or loss, including without limitation any loss of use, special, indirect or consequential loss or damage or punitive damages, whether in contract, tort or under any theory of law or equity arising from or relating to the Contest, or the prize or use or misuse of the entrant’s personal information, regardless of the cause or any negligence by the YM Group and/or the Releasees or any person or entity for whom any of them are responsible, and notwithstanding that any of those entities or persons may have been advised of the possibility of such loss or damage being incurred.
c. The Contest is subject to the applicable laws, and is void where prohibited by law. It is also void in the Province of Quebec. If any provision of these Contest Rules is found by any court of competent jurisdiction to be unenforceable, all other provisions will remain in full force and effect.
d. YM will not engage in correspondence with any person at any time except with selected entrant(s).
e. All decisions of YM regarding any and all aspects of the Contest are final and binding on all entrants.
f. The name of the Contest winner may be obtained by sending a self-addressed stamped envelope to YM Inc. (Sales), Attention: Marketing – 50 Dufflaw Road, Toronto, Ontario M6A 2W1 within thirty (30) days after the Contest Closing Date.
g. This Contest and all related matters shall be exclusively governed by and construed in accordance with the laws of the Province of Ontario, Canada and the federal laws of Canada applicable therein. Any dispute arising hereunder shall be adjudicated solely in the applicable court sitting in the City of Toronto, Ontario, Canada and entrants submit and attorn to the original and exclusive jurisdiction of those courts in respect of any and all disputes.
h. Entrants hereby waive all rights to claim, punitive, incidental or consequential damages, or any other damages, including legal fees, other than entrant’s actual out-of-pocket expenses. (i.e., costs associated with entering this Contest), and entrants further waive all rights to have damages multiplied or increased. Entrants agree that any and all disputes and causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action.
i. The YM Group reserves the right to make changes to the Contest terms & conditions at its sole discretion. In the event of any discrepancy or inconsistency between these Contest Rules and other statements contained in any Contest-related materials, including but not limited to the Entry form, print or online advertising, these Contest Rules shall prevail, govern and control.
j. Participating in this Contest constitutes irrevocable acceptance and agreement to all of these rules and regulations.