Our Birthday,Your Party!
(therein now called “Contest”)
OFFICIAL CONTEST RULES
1. ELIGIBILITY: To be eligible to enter, you must be a properly authorized representative of a community or non-profit organization operating within a Manitoba municipality with a population of 10,000 people or less as per the latest Census data. You are not eligible to enter or win, if you are: a) for-profit enterprise, a government funded research station, agency or institution b) an employee, representative or agent of Dauphin’s Countryfest Inc., its affiliates and related companies, advertising or promotional agencies, the contest judging organization, any participating stores or the prize suppliers; c) anyone involved in the development and/or administration of the Contest; or d) a member of the immediate family (defined as parents, siblings, children and spouse, regardless of where they live) or household (whether related or not) of any of the above persons.
2. HOW TO ENTER: Contest begins at 9:00 am (CT) on November 14th, 2018. All submissions must be submitted and received by 11:59 pm (CT) on March 31st, 2019 (the “Submission Deadline” and “Contest Closing Date”). All submissions are to be completed on the prescribed form found at www.OurBirthdayYourParty.ca. Contest submission forms must be completed in full.
Completed contest submission forms may be submitted online at www.OurBirthdayYourParty.ca,
or by mail to 28- 2nd Ave NE, Dauphin MB R7N 0Z4. Submissions will be rejected if not submitted and received by the Submission Deadline. All Submissions are subject to verification at any time and for any reason. Failure to provide such proof to the satisfaction of the Dauphin’s Countryfest Inc. in a timely manner may result in disqualification.
Submissions must comply with all contest instructions as outlined in the “Official Contest Rules” or otherwise the Submissions submitted will not be considered for judging and will be voided.
If the exact Submission is submitted more than once, the first Submission will be considered a valid one and any subsequent duplication will be void. Submissions submitted in any other manner and format other than what is outlined hereinabove in these Official Contest Rules will not be accepted.
Submission must only be submitted by the entrant themselves and must not infringe upon the rights of any third party. Submissions that do not comply with these Official Contest Rules or the Terms and Conditions of the Contest, or that contain prohibited, or inappropriate content such as illegal, immoral, offensive or defamatory will be removed from the Contest and deemed disqualified. Submissions that infringe upon the rights of any third party, person or otherwise as determined by the Dauphin’s Countryfest Inc. or its agent in their sole discretion will be removed from the Contest and deemed disqualified.
Limit: one (1) Submission per community or non-profit organization. Dauphin’s Countryfest Inc. will not be responsible for illegible, incomplete, lost, misdirected, technical failures or late Submissions, all of which will be void. For greater certainty and the avoidance of any doubt, you can use only one (1) email address to enter this contest. If it is discovered by the Dauphin’s Countryfest Inc. that any person has attempted to: (i) obtain more than the maximum stated number of Submissions as outlined in these Official Contest Rules; and/or (ii) use (or attempt to use) multiple names, identities and/or more than one (1) email address to enter the Contest; then he/she may be disqualified from the Contest and all of his/her Submissions voided.
3. PRIZE: There is one (1) prize (the “Prize”) available to be won. The Prize consists of one (1) opportunity to host a Country Music Concert featuring one music act in the winner’s municipality. The music act to be selected and determined by Dauphin’s Countryfest Inc. in its sole discretion. The attendance capacity for the Event will be determined by selected venue and can range between 500 to 3,000 people. The winning organization and/or community shall be responsible for all ticket sales and marketing of the concert, and shall retain all earnings from the concert ticket sales, and all other non ticket revenues it chooses to conduct, such as food and beverage sales.
The Prize (Concert) award shall consist of Performer and Production (sound and lights) as required “only”.
All ticket sales and marketing of event, while being the sole cost of the winner, must be approved by Dauphin’s Countryfest Inc. As well, Dauphin’s Countryfest Inc. reserves the exclusive rights to all sponsorship rights at the concert, unless otherwise approved by Dauphin’s Countryfest Inc.
Winning Organization must obtain Liability Insurance for event, naming Dauphin’s Countryfest Inc. as Additional Insured. As well obtain appropriate local and provincial licences for event which may include, but not limited to, Special Event Liquor Licences.
The Prize is not transferable or assignable and must be accepted as awarded with no substitutions in cash or otherwise, except at Dauphin’s Countryfest Inc.’s sole discretion. Dauphin’s Countryfest Inc. will not be responsible if weather conditions, Country Music Concert cancellation, or other factors beyond Dauphin’s Countryfest Inc.’s reasonable control prevent a Prize or any part of a Prize from being fulfilled. In any such event, the winner will not be provided with a substitute Prize or cash equivalent. The Prize will only be released to the verified winner.
4. JUDGING CRITERIA: There will be one (1) round of judging and one (1) round of voting. All eligible Submissions will be evaluated by a judging panel comprised of representatives of the Dauphin’s Countryfest Inc. Judging will take place between April 1, 2019 and April 15, 2019. For judging purposes, all eligible Submissions will be separated into seven (7) regions. Each Region shall be divided as follows: Central, Eastern, Interlake, Midwestern, Norther, Parkland and Western.
On April 16, 2019 at 28 2nd Ave. NE in Dauphin, Manitoba, from among all eligible Submissions received, the Judging Panel will select seven (7) Submissions (aiming to select one submission per region). Each entrant’s Submission will be reviewed for content before being judged, and will be judged based on the following judging criteria: availability and suitability of concert venue, municipal infrastructure (venue availability, accommodation availability, distance, insurance), community spirit, as determined by the Judging Panel in its sole discretion. The odds of becoming a Top 7 finalist will depend upon the total number of eligible Submissions received per Region that meet the judging criteria as determined by Dauphin’s Countryfest Inc. in these Official Contest Rules.
Dauphin’s Countryfest Inc. reserves the right to Award more than one submission per Region should it deem it necessary without explanation.
5. VOTING PERIOD: On April 17, 2019 the Top 7 finalists will be announced on the Contest Website. Once the Top 7 have been announced, the voting period will begin on April 17, 2019 at 9:00 am (CT) and will end on May 3, 2019 at 11:59 pm (CT). Voting will be done online via the Contest Website at www.OurBirthdayYourParty.ca. Limit: one (1) vote per Submission per day, per device. The Submission that receives the most votes as determined by Dauphin’s Countryfest Inc. will be eligible to win the Prize. In the event of a tie, Dauphin’s Countryfest Inc. reserves the right, in its sole discretion, to select an entrant among those tied Submissions. Any such decision will be final and binding. On, or around, May 9, 2019 Dauphin’s Countryfest Inc. or its designated agent will announce the winning submission on www.OurBirthdayYourParty.ca.
6. WINNER/FINALIST SELECTION: On or around May 9, 2019 at 28 2nd Ave. NE in Dauphin, Manitoba, a proper authorized representative of the selected winning submission will be notified by phone. If a selected entrant: (i) cannot be contacted within three (3) business days of the first attempted notification; (ii) fails to execute and return to Dauphin’s Countryfest Inc. any required Declaration of Compliance and Release of Liability forms for the selected entrant within the time period indicated on such forms; and/or (iii) cannot accept the applicable Prize as awarded for any reason whatsoever, then the applicable Prize will be forfeited and the Dauphin’s Countryfest Inc. has the right but not the obligation, in its sole discretion and time permitting, to select an alternate winning submission. The odds of becoming the winner will not be less than 1:7.
7. RELEASES, ETC.: Before being declared a winner of a Prize, a selected entrant will be required to sign a Declaration of Compliance and a Release of Liability form, which (among other things): (i) confirms compliance with these Official Contest Rules; (ii) acknowledges acceptance of the applicable Prize as awarded; (iii) releases the Dauphin’s Countryfest Inc. , its advertising and promotional agencies, any contest judging organization and all of their respective directors, officers, owners, partners, employees, agents, representatives, successors and assigns (collectively, the “Dauphin’s Countryfest Inc. s”) from any and all liability in connection with this Contest, his/her participation therein and/or the awarding, use and/or misuse of the Prize or any portion thereof; and (iv) agrees to the publication, reproduction and/or other use of his/her name, address, voice, statements about the Contest and/or photograph or other likeness without further notice or compensation, in any publicity or advertisement carried out by or on behalf of the Dauphin’s Countryfest Inc. in any manner whatsoever, including print, broadcast or the internet. The Dauphin’s Countryfest Inc. do not make, nor in any manner are responsible or liable for: (i) any warranty, guarantee or
representation, expressed or implied, in fact or in law relative to any Prize, including but not limited to its quality, merchantability, fitness for purpose or mechanical condition; and (ii) are not liable for injury, loss or damage of any kind resulting from the acceptance, use and/or misuse of any Prize, travel related thereto (as applicable), or otherwise from participation in this Contest. Declaration and Release documents must be returned within the time period indicated in the documents or the
applicable Prize will be forfeited.
8. LIMITATIONS OF LIABILITY: Without limiting the limitations of liability set forth elsewhere in these Official Contest Rules and/or the Declaration of Compliance and Release of Liability, and for greater certainty, the Dauphin’s Countryfest Inc. will not be liable for: a) any incomplete or inaccurate information, whether caused by Contest Website users or by any equipment or programming associated with or utilized in the Contest, or by any technical or human error which may occur in the capturing and/or processing of Submissions; b) the theft, loss, destruction or unauthorized access to, or alteration of, Submissions or the Contest Website; c) any problems with, or technical malfunctions of, telephone networks or lines, computer on-line systems, servers or providers, computer equipment, software, viruses or bugs; d) any failure of any email to be received by or from Dauphin’s Countryfest Inc. and/or Submission to be captured or recorded for any reason including but not limited to traffic congestion on the Internet or at any website or combination thereof; e) damage to a participant’s or other person’s system occasioned by participation or downloading of materials in this Contest; f) any typographical or other errors in the offer or administration of this Contest, including but not limited to errors in advertising, these Official Contest Rules, the selection and/or announcement of eligible winner(s), and/or the distribution of any Prize(s); and/or g) any combination of the above.
9. PERSONAL INFORMATION: By entering this Contest, entrants consent to the collection, use and disclosure of their personal information for the purposes of administering the Contest, including, but not limited to, for the purpose of receiving one or more messages, whether electronic or not, from the Dauphin’s Countryfest Inc. or its designated representative, which may provide entrants with information regarding the Contest or otherwise further the administration of the Contest. The entrant will be deemed to have solicited these messages from the Dauphin’s Countryfest Inc. by virtue of entering the Contest. By accepting the Prize, the winner consents to the collection, use and disclosure to the public of their name, address (city, province/territory), voice, statements and photographs or other likenesses for publicity purposes in connection with the Contest in any media or formats, including but not limited to the Internet, without further notice, permission or compensation. Personal information will not otherwise be used or disclosed without consent.
10. INTELLECTUAL PROPERTY: All intellectual property, including but not limited to trade-marks, trade names, logos, designs, promotional materials, web pages, source code, drawings, illustrations, slogans and representations are owned by the relevant Dauphin’s Countryfest Inc. and/or its affiliates. All rights are reserved. Unauthorized copying or use of any copyrighted material or intellectual property without the express written consent of its owner is strictly prohibited.
11. COPYRIGHT-PROTECTED WORK: By submitting a Submission into the Contest, the entrant represents and warrants that the Submission submitted is original to the entrant, and all right, title, and interest (including copyright) thereto is owned and/or controlled by the entrant to the full extent necessary to enable the Dauphin’s Countryfest Inc. to use the Submission as contemplated herein; and that the Submission does not infringe upon the intellectual property or other statutory or common law rights of any third party. In consideration for the opportunity to participate in the Contest, the entrant hereby (i) grants to the Dauphin’s Countryfest Inc. in perpetuity, a non-exclusive license to publish, display, reproduce, modify, edit or otherwise use his/her Submission, in whole or in part, for advertising or promoting the Contest, or, for any other reason; (ii) waives all moral rights in and to his/her Submission in favour of the Dauphin’s Countryfest Inc. (and anyone authorized by the Dauphin’s Countryfest Inc. to use the Submission); and (iii) agrees to release, indemnify and hold harmless the Dauphin’s Countryfest Inc. from and against any and all claims related, directly or indirectly, to his/her Entry – including, without limitation, claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related or other cause of action.
12. RIGHT TO TERMINATE, SUSPEND OR AMEND: Dauphin’s Countryfest Inc. reserves the right to terminate, suspend or amend this Contest, in whole or in part, at any time and without prior notice if any factor interferes with its proper conduct as contemplated by these Official Contest Rules.
13. MISCELLANEOUS: All decisions of the Dauphin’s Countryfest Inc., or any contest judging organization as designated by it, are final and binding without right of appeal in all matters relating to this Contest. The Dauphin’s Countryfest Inc. will not be responsible for illegible, incomplete, lost, postage-due, misdirected, affected by technical failures, errors or late Submissions which will be void. Any use of automated devices is prohibited. All Submissions become the property of Dauphin’s Countryfest Inc. and will not be acknowledged or returned. No correspondence will be entered into except with selected entrants (or any other entrant(s) as deemed necessary by the Dauphin’s Countryfest Inc.). Contest is subject to all applicable federal, provincial and municipal laws. In the event of a dispute regarding who submitted a Submission, the Submission will be deemed submitted by the authorized account holder of the email account submitted at the time of entry. “Authorized account holder” is defined as the natural person who is assigned to the email account by an Internet access provider, online service provider or other organization that is responsible for assigning accounts. An entrant may be required to provide Dauphin’s Countryfest Inc. with proof (in a form acceptable to the Dauphin’s Countryfest Inc. – including, without limitation, government issued photo identification) that he/she is the authorized account holder of the account associated with the Submission in question. Dauphin’s Countryfest Inc. reserves the right at its sole discretion to disqualify, from this Contest and any future Contest or other promotion conducted by Dauphin’s Countryfest Inc., any individual that it finds or believes to be not in compliance with these Official Contest Rules; to be tampering with the Submission or voting process or the operation of the Contest or Contest Website; or to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER PERSON TO DELIBERATELY DAMAGE ANY WEBSITE OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, DAUPHIN’S COUNTRYFEST INC. RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
Subject only to applicable law and any required regulatory approval, the Dauphin’s Countryfest Inc. reserves the right and without prior notice, to adjust any of the dates and/or timeframes stipulated in these Official Contest Rules, to the extent necessary, for purposes of verifying compliance by any entrant or entry with these Official Contest Rules, or as a result of any technical or other problems, or in light of any other circumstances which, in the opinion of the Dauphin’s Countryfest Inc. affects the proper administration of the Contest as contemplated in these Official Contest Rules, or for any other reason.
In the event of any discrepancy or inconsistency between the terms and conditions of these English Official Contest Rules and disclosures or other statements contained in any Contest-related materials, the terms and conditions of these English Official Contest Rules shall prevail, govern and control to the fullest extent permitted by applicable law.