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Celebrate Cinco de Mayo with WestJet Vacations and SellOffVacations contest!

Official Rules and Regulations (the “Contest Rules”)

ELIGIBILITY

The Contest is open to legal residents of Canada, who, as at the start of the Contest Period, have reached the age of majority in their province or territory of residence. The Contest is not open to employees, officers, directors, independent contractors, judges, representatives, and agents of Sunwing Vacations Group. SellOffVacations/SellOffVacations.com (“SellOffVacations”), its parent, affiliates, subsidiaries, related companies, successors and assigns, or their respective advertising and promotional agencies, dealers, prize suppliers, as well as members of their immediate family and those with whom any of the foregoing are domiciled (whether legally related or not). “Immediate family” means parents, siblings, spouse and children.

THE CONTEST PERIOD

The Contest entry period commences at 10:00 a.m. ET on Monday April 29, 2024, and concludes at 23:59 p.m. ET on Monday May 6, 2024 (the “Contest Period”).

HOW TO ENTER

NO PURCHASE NECESSARY. During the Contest Period, follow SellOffVacations Instagram. Like and Share our Celebrate Cinco de Mayo with WestJet Vacations contest post. Your name will be automatically entered into the Contest. Only one (1) entry per person during the Contest Period is permitted. Multiple entries are not permitted and will be discarded. In the event that SellOffVacations receives more than the permitted number of entries from an entrant during the Contest Period, SellOffVacations reserves the right to void and destroy any entries from that entrant, and that entrant may, at the sole discretion of SellOffVacations, be disqualified from the Contest. 

 By submitting an entry, entrants agree to be bound by these official Contest Rules, which are subject to change in SellOffVacations’ sole discretion. Any failure to adhere to these Contest Rules may result in disqualification from the Contest and/or forfeiture of a prize in SellOffVacations’ sole discretion. 

THE PRIZE

There is (1) prize (“Prize”) to be won. The Prize consists of one (1) WestJet vacation travel voucher. The value of each prize is $5000 CDN. 

PRIZE CONDITIONS

Travel must be completed by the date indicated on the Prize voucher (the “Travel Period”). Travel is subject to availability and must be requested a minimum of four (4) weeks prior to the requested departure date. Blackout periods apply, including without limitation: around holidays (such as March break, Spring break, Easter, Christmas, New Years and Thanksgiving) and peak travel seasons, subject to availability. If the Prize winner is unable to travel during the Travel Period, he or she will be required to forfeit the Prize and an alternate winner may be selected in SellOffVacations’ sole discretion. Travel arrangements and reservations regarding the flight must be made according to instructions given to the Prize winner. Once reservations are made, they cannot be changed. All reservations are subject to the terms and conditions set out in SellOffVacations’ brochure or located on SellOffVacations’ website located at www.SellOffVacations.com. Other restrictions may apply, please contact SellOffVacations for more information. 

The Prize winner and guest(s) (if applicable) must travel together on the same itinerary from the same departure airport as approved by SellOffVacations. The Prize winner and guest must be in possession of a valid passport and other necessary travel documents upon selection, which documents must be valid prior to, for the duration of the trip and for six (6) months beyond the date of return, or as may be required for presentation to customs officials in Canada and/or Destination. Failure to obtain necessary travel documentation will result in the forfeiture of the Prize. 

Any lost or stolen tickets, travel vouchers or certificates will not be replaced. All airline tickets are subject to flight variation, work stoppages, and schedule or route changes. SellOffVacations reserves the right to structure travel routes and select hotels in its sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight except at the sole discretion of SellOffVacations. 

If the Prize, or any portion thereof, is unused, it cannot be carried forward and will be forfeited. 

Elements of the Prize (including, without limitation, airfare and lodging) may not be used towards frequent flyer miles or other loyalty programs. 

The Prize winner and guest(s) must comply with all applicable laws, including but not limited to, all local laws while in Destination. 

PRIZE SUBSTITUTION

The Prize, and any portion thereof, is non-exchangeable, non-transferable, non-refundable, has no cash surrender value and must be accepted as awarded with no substitutions, except as may be decided by SellOffVacations in its sole discretion. SellOffVacations reserves the right, in its sole discretion, to substitute and/or modify the Prize or any portion thereof, with a Prize of equal or greater value for any reason.

WINNER SELECTION

On May 10 2024, at 10:00 a.m. ET (“Selection Date”) at the offices of SellOffVacations located at 31 Fasken Drive, Toronto, Ontario, one (1) eligible entrant will be randomly selected as the potential winner of the Prize from all eligible entries received during the Contest Period. The odds of winning depend on the total number of eligible entries received during the Contest Period. Before being declared a winner, the selected entrant shall be required to correctly answer, without assistance of any kind, a time-limited mathematical skill-testing question to be administered during a pre-arranged telephone call, message or email, to comply with these Contest Rules and sign and return a Release Form (described below). 

The selected entrant will be contacted by a representative of SellOffVacations within twenty-four (24) hours of the Selection Date (the method selected in SellOffVacations’ sole discretion), as provided by the entrant in the Contest entry. SellOffVacations is not responsible for false,  incorrect, changed, incomplete or illegible contact information. Notification is deemed to have occurred immediately upon sending a message. 

If the selected entrant is unable to be contacted (including failing to return messages) within two (2) days of the Selection Date, declines to accept the Prize, does not correctly answer the mathematical skill-testing question, if applicable, does not comply with these Contest Rules, does not sign and return the Release Form (described below), or is found to be ineligible, entrant’s rights to the Prize shall be forfeited and another eligible entrant may be selected in SellOffVacations’ sole discretion. 

Winner will be announced no later than 30 days after the Selection Date via the Website and/or applicable social media URLs. 

In the event of a dispute as to the identity of a winner based on an email address, the winning entry will be deemed to be made by the authorized account holder of the email address at the time of entry. The authorized account holder is the natural person who is assigned an email address by an internet service provider or other organization responsible for assigning email addresses for the domain associated with the email address in question. 

DECLARATION AND RELEASE OF THE PRIZE WINNER

Before being awarded the Prize the selected entrant and guest (if applicable) must each sign and return to SellOffVacations a standard form Declaration and Release (the “Release Form”) confirming compliance with the Contest Rules, acceptance of the Prize as awarded and releasing SellOffVacations, its parent, subsidiaries, affiliates and each of their respective officers, directors, employees, representatives and agents from all liability arising in connection with the Contest and the Prize. The Release Form will be emailed to the selected entrant at the email address provided on the Contest entry form or as otherwise agreed. The selected entrant is responsible for obtaining and returning signed copies of the Release Form from guest.   In the event the selected entrant’s guest is a minor, the parent or legal guardian of the minor must sign the Release Form on behalf of the minor. If the selected entrant is not the parent or legal guardian of the minor, the parent or legal guardian must consent to the selected entrant being designated accompanying adult for the minor when taking part in the Prize. 

In the event that the selected entrant fails to answer the mathematical question correctly (if applicable), does not return the signed Release Form as instructed by SellOffVacations and  within two (2) days of receipt of such Release Form, or otherwise does not meet all Contest Rules, the selected entrant will be disqualified and the Prize will be forfeited. SellOffVacations will then award the Prize (subject to these Contest Rules) to another selected entrant drawn from the remaining entries, at its sole discretion. 

OWNERSHIP OF ENTRIES AND PUBLICITY RELEASE

Entrant retains the copyright in the Materials (as defined below) submitted with the entry. Except where prohibited by law, by entering the Contest, each entrant, regardless of whether or not they are selected as the Prize winner, grants to SellOffVacations and its advertising and promotional agencies, and each of their respective parents, affiliates and subsidiaries, an exclusive, perpetual, irrevocable, royalty-free, worldwide license to display, disclose, produce, reproduce, publish and/or republish, broadcast, communicate, exhibit, distribute, adapt, alter, modify, translate, create derivative works based upon, use and/or reuse, sublicense entrant’s Materials or any portion thereof, and otherwise exploit the entrant’s entry and any other  information and material provided by entrant at any time (including, but not limited to, the entrant’s name, city of residence and province, voice, photograph and likeness of entrant, image or any other aspect of entrant’s personality, photographs, images, video, biography, statements, story and endorsements) (collectively “Materials”), in whole or in part, individually or in conjunction with other items for the purpose of the Contest or any other purpose (including, but not limited to, entertainment, instruction/education, advertising, marketing, promotional and/or publicity purposes), throughout the world, in any manner, form, media or technology now known or hereafter devised (including, but not limited to, print, video, television, social media, internet and broadcast). Entrant will not be entitled to compensation for any use of the entrant’s Materials by SellOffVacations or its advertising and promotional agencies, and each of their respective affiliates and subsidiaries, agents, licensees or assignees. The entrant hereby waives any right to inspect or approve any advertising copy or other material which may be used in conjunction with the entry and any moral rights entrant may have in or in respect thereof. 

SellOffVacations will have no obligation to publish or use or retain any Materials entrant submits or to return any Materials to entrant. Entrant agrees that it is their sole responsibility to obtain all permissions and releases necessary for the grant of the rights contained in this Section. Entrant agrees to take any further action (including, without limitation, execution of affidavits, licenses, and other documents) reasonably requested by SellOffVacations to effect, perfect, or confirm SellOffVacations’ rights set forth in this Section. 

CONSENT TO COLLECTION AND USE OF PERSONAL INFORMATION AND TO RECEIVE ELECTRONIC MESSAGES

By entering the Contest, the entrant consents to the collection, use and disclosure of entrant’s personal information by SellOffVacations for the purpose of administering the Contest, awarding the Prize and announcing the Prize winner, as applicable, and any subsequent advertising or promotion related thereto. The entrant further consents to receive electronic messages from SellOffVacations regarding its products, services, special events, surveys, contests, offers, promotions or any other marketing material. The entrant may unsubscribe or withdraw consent at any time by clicking the unsubscribe link at the bottom of SellOffVacations’ email communications. Personal Information collected in connection with the Contest will be used by SellOffVacations in accordance with SellOffVacations’ privacy policy available at https://www.selloffvacations.com/about-us/privacy-policy.asp.

REPRESENTATIONS AND WARRANTIES OF ENTRANT

If entrant submits any photos, videos, written materials and any other materials with his or entry, by submitting an entry, entrant represents and warrants that his or her entry:
(a) is his or her own original work;
(b) does not contain material or images that is obscene, inappropriate, offensive, or defamatory;
(c) does not violate or infringe upon the copyrights, trademarks, rights of privacy, publicity or other rights of any person or entity;
(d) does not contain malicious code, such as viruses, timebombs, cancelbots, worms, Trojan horses or other potentially harmful programs or other material or information;
(e) does not and will not violate any applicable law, statute, ordinance, rule or regulation; and
(f) does not trigger any reporting or royalty obligation to any third party.

Entrant further represents and warrants that the rights that entrant is granting under these Contest Rules do not conflict in any way with any other agreement to which he or she is a party, or with any commitments, restrictions, or obligations that he or she is under to any other person or entity.

If entrant’s entry contains an image or representation of an identifiable feature of a person other than himself/herself (for example, if enough of someone else’s face were shown so that that person could be identified), then entrant represents and warrants that he or she obtained the express approval of that person before submitting the entry, and that entrant can provide a copy of that consent to WeddingVacations.com upon request.

REPRESENTATIONS AND WARRANTIES OF SELLOFFVACATIONS

The Prize winner accepts the Prize “as is”. SellOffVacations does not make any representations nor offers any warranty, express or implied, as to the quality or fitness of the Prize awarded in connection with the Contest. The Prize winner understands and acknowledges that he or she may not seek reimbursement or pursue any legal or equitable remedy from SellOffVacations should the Prize fail to be fit for its purpose or is in any way unsatisfactory to the Prize winner.

SUSPENSION/TERMINATION/MODIFICATION AND TAMPERING

Subject to applicable law, SellOffVacations reserves the right to cancel, suspend, terminate and/or modify the Contest Rules or administration of the Contest, in whole or in part, without prior notice with no obligation or liability, including, if for any reason, the Contest is not capable of running as planned, whether due to technical failure, tampering, fraud, corruption of security or other causes beyond the control of SellOffVacations. 

SellOffVacations further reserves the right to disqualify, from the Contest and future contests of SellOffVacations, any individual who tampers with or in any way corrupts the entry process. SellOffVacations may prohibit an entrant from participating in the Contest, future contests of SellOffVacations and/or winning a prize if, in SellOffVacations’ sole discretion, SellOffVacations determines that said entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or any unlawful or unfair playing practices relating to the Contest (including but not limited to the use of automated quick entry programs), prize, or intending to annoy, abuse, threaten or harass any other entrants or SellOffVacations representatives. 

Any attempt by an entrant or any other individual to deliberately damage any website or undermine the legitimate operation of the Contest may be in violation of criminal and civil laws and should such an attempt be made, SellOffVacations reserves the right to seek remedies and damages (including lawyers’ fees) from any such entrant or any other individual to the fullest extent permitted by law, including criminal prosecution. 

INDEMNITY AND LIABILITY

By participating in the Contest, the entrant agrees that SellOffVacations shall have no liability and agrees to release, indemnify and hold harmless SellOffVacations and its affiliates, subsidiaries, advertising and promotional agencies, dealers, prize suppliers and each of their respective agents, representatives, officers, directors, shareholders, and employees from and against any injuries, losses, damages, claims, actions, demands, suits, proceedings, costs, expenses, including without limitation any legal fees and any liability of any kind resulting from or arising directly or indirectly out of: (a) the entrant’s participation in the Contest or inability to participate in the Contest; (b) the acceptance, possession, use, enjoyment or misuse of the Prize; (c) with respect to the entry and any other information and/or material submitted by the entrant including, but not limited to, all actions of passing off, misappropriation of personality, breach of privacy, infringement of any patent, copyright, trademark or any other proprietary right; or (d) any breach of the entrant’s representations and warranties above.

SellOffVacations will not be responsible for lost, stolen, illegible, incomplete, inaccurate or destroyed entries, and all such entries are void. SellOffVacations assumes no responsibility for incorrect or inaccurate capture of entry information, technical malfunctions, human or technical error, printing errors, lost, delayed or garbled data or transmissions, omission, interruption, deletion, defect or failures of any telephone or computer lines or networks, emails, computer equipment, servers, software, access providers, or any combination thereof.

IN NO EVENT SHALL SELLOFFVACATIONS BE HELD LIABLE TO ENTRANT OR ANY THIRD PARTIES FOR ANY LOSS OR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE CONTEST; (B) THE ENTRIES; (C) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (D) THE BREACH OF THE CONTEST RULES; OR (E) THE PRIZE.

WHERE CONTEST RULES AND REGULATIONS ARE AVAILABLE

These Contest Rules are available online at the Website or entrant may request a copy of the Contest Rules by sending a self-addressed, stamped envelope to: Flyaway with WestJet Vacation contest c/o Sunwing Vacations Inc. dba SellOffVacations, 31 Fasken Drive, Toronto, Ontario, M9W 1K7.

QUEBEC RESIDENTS 

Any litigation involving a Quebec resident respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation involving a Quebec resident respecting the awarding of a prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement. 

SOCIAL MEDIA 

If the Contest is being run through social media, the Contest is in no way sponsored, endorsed, or administered by, or associated with, the applicable third-party service, site or outlet (each, a “Third-Party Service”). To enter a Contest by means of a Third-Party Service, entrant must have a valid account with the applicable Third-Party Service and is solely responsible to ensure that the account settings allow SellOffVacations to view the account as required to administer the Contest. Each entrant agrees: 

  1. that the Third-Party Service will not be liable to the entrant by the entrant’s participation in the Contest and entrant completely releases such Third-Party Service of all liability; 

  2. to comply with the Third-Party Service’s terms of use concerning contests and promotions; 

  3. anyone found using multiple accounts to enter the Contest will be ineligible; and 

  4. any questions, comments or complaints regarding the Contest should be directed to SellOffVacations and not to the Third-Party Service. 

COMPLIANCE WITH LAWS 

The Contest is subject to all applicable federal, provincial, territorial and municipal laws and regulations. The Contest is void where prohibited or restricted by law. The entrant hereby irrevocably attorns to the jurisdiction of the Courts of the Province of Ontario. 

FORCE MAJEURE 

SellOffVacations and/or its suppliers do not assume liability for any loss, damage or injury of any nature in whole or in part resulting from an act of God or any other force majeure condition including without limitation: fire, volcanic eruption, environmental pollution or contamination, inclement weather, earthquake, flood, explosion, water or power shortages or failures, storms or hurricanes, riots or civil commotions or disturbances and any other acts of similar nature, sabotage, arrests, strikes, boycotts, picketing, lockouts or other labour disruptions, inability or failure of a third party service provider to provide services and/or products, restraints of rulers or peoples, expropriations, acts of terrorism, public enemies, war, invasion, insurrection, national emergency, epidemics, pandemics, quarantine restrictions, government health advisories or warnings or alerts of any kind or nature, government seizures, any laws, rules, proclamations, regulations, orders, declarations, advisories, actions, interruptions or requirements of or interference by any government or governmental agency thereof, refusal or cancellation or suspension or delay of any government authority or any license, permit or authorization, damages to its facilities or the supplier and its facilities, any other unforeseen circumstances in any country in the world or any other cause or causes of any similar nature that impacts negatively on or hampers its ability to fulfill any of its contractual conditions (all of the foregoing being herein referred to as an “Event of Force Majeure”). In the event that any of these conditions apply, SellOffVacations shall be excused, discharged or released from its performance to the extent such performance is so limited or prevented, without liability of any kind and SellOffVacations’ non-performance shall not be deemed a breach of these Contest Rules. In such case, the Prize shall be forfeited. SellOffVacations may, in its sole discretion, extend the Travel Period to the extent of any delay resulting from the Event of Force Majeure and no exchange, transfer, refund or cash surrender value will be granted. 

MISCELLANEOUS

In the event that any provision of the Contest Rules is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. SellOffVacations’ failure to enforce any term of these Contest Rules will not constitute a waiver of that provision. Entrants agree to waive any rights to claim ambiguity of these Contest Rules. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest related materials, privacy policy or terms of use on the Website, social media URLs (if any) and/or the terms and conditions of the Contest Rules, the Contest Rules shall prevail, govern and control and the discrepancy will be resolved in SellOffVacations’ sole and absolute discretion.