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THE TORONTO STAR AND WESTJET FLY FREE CONTEST

THE TORONTO STAR AND WESTJET FLY FREE CONTEST (THE “CONTEST”) IS INTENDED TO BE CONDUCTED IN ONTARIO ONLY AND SHALL BE CONSTRUED AND EVALUATED ACCORDING TO APPLICABLE PROVINCIAL LAW. NO PURCHASE IS NECESSARY. PARTICIPANTS MUST BE RESIDENTS OF ONTARIO AND OF THE AGE OF MAJORITY IN ONTARIO OR OLDER. VOID IN WHOLE OR PART WHERE PROHIBITED BY LAW. ENTRY IN THIS CONTEST CONSTITUTES ACCEPTANCE OF THESE CONTEST RULES (THE “CONTEST RULES”).

1. ELIGIBILITY. To be eligible for this Contest, an individual must:

(a)    be a legal resident of the Province of Ontario;

(b)    be eighteen (18) years of age or older at the time of entry; and

(c)    be legally able to travel internationally and have any and all necessary documentation as may be required for presentation to Canadian and/or International customs and airport personnel.

Employees of Toronto Star, a division of Toronto Star Newspapers Limited (the” Toronto Star”) and WestJet,  (collectively, the “Sponsors”), their respective affiliates, subsidiaries, related companies, advertising and promotional agencies, and the household members of any of the above, are not eligible to participate in the Contest.

The Sponsors shall have the right at any time to require proof of identity and/or eligibility to participate in the Contest. Failure to provide such proof may result in disqualification. All personal and other information requested by and supplied to the Sponsors for the purpose of the Contest must be truthful, complete, accurate and in no way misleading. The Sponsors reserve the right, in their sole discretion, to disqualify any entrant should such an entrant at any stage supply untruthful, incomplete, inaccurate or misleading personal details and/or information.

2. CONTEST PERIOD. The Contest begins at 7:00 a.m. Eastern Daylight Time (“EDT”) on Thursday, September 17, 2009 and ends at 11:55 p.m. EDT on Wednesday, October 28th, 2009 (the “Contest Period”) after which time the Contest will be closed. Entries will not be accepted after Weekly Deadline dates (as set out below).

3. HOW TO ENTER.

(a)    There is no purchase necessary to enter the Contest. Enter using any of the methods of entry outlined below. No entries will be accepted by any other means.

TO ENTER VIA NEWSPAPER (TORONTO STAR)

(i)    To enter by mail or in person:

•    obtain a Contest game board (“Game Board”) published in the Toronto Star each Thursday during the Contest Period on September 17, 24, 2009; and October 1, 8, 15, and 22 2009 (each a “Week”);

•    each Week, complete Game Board with all six (6) Contest game pieces (“Game Pieces” and each, a “Game Piece”) published in the Toronto Star during the Week on Fridays through Wednesdays during the Contest Period (up to October 28, 2009);

•    for any Week during the Contest Period, submit the completed Game Board by the corresponding Weekly Deadline (as described below) by mail, along with your name, mailing address, daytime telephone number and age at the time of entry to the Fly Free Contest c/o Toronto Star:

•    Week 1 – P.O. Box 7002, 31 Adelaide St. E., Toronto, ON M5C 2K7

•    Week 2 – P.O. Box 7004, 31 Adelaide St. E., Toronto, ON M5C 2K7

•    Week 3 – P.O. Box 7002, 31 Adelaide St. E., Toronto, ON M5C 2K7

•    Week 4 – P.O. Box 7004, 31 Adelaide St. E., Toronto, ON M5C 2K7

•    Week 5 – P.O. Box 7002, 31 Adelaide St. E., Toronto, ON M5C 2K7

•    Week 6 – P.O. Box 7004, 31 Adelaide St. E., Toronto, ON M5C 2K7

•    Or in person at Toronto Star’s Main Lobby, One Yonge Street, Toronto, Ontario

•    Weekly entries must be received no later than 5:00 p.m. ET on the following weekly entry deadlines  (the “Weekly Deadlines”):

Week                                                      Weekly Deadline
One – beginning September 17             September 30, 2009
Two – beginning September 24             October 7, 2009
Three – beginning October 1                 October 14, 2009
Four – beginning October 8                   October 21, 2009
Five – beginning October 15                  October 28, 2009
Six – beginning October 22                    November 4, 2009

 
•    In order to be eligible to win a prize, participants must attach all six Game Pieces to the corresponding Weekly Game Board and submit prior to the applicable Weekly Deadline (as set out above).

(ii)    For a no purchase entry, complete and submit a no-purchase entry ballot (a “No Purchase Necessary Ballot”) available throughout the Contest Period from the Toronto Star located at One Yonge Street, Toronto weekdays between 9:00 a.m. ET and 4:00 p.m. ET or clearly print your name, complete mailing address, daytime telephone number and age at time of entry on a plain piece of paper and submit it to the attention of Fly Free Contest NO PURCHASE ENTRY, c/o Toronto Star, One Yonge Street, 3rd Floor, Toronto, ON M5E 1E6. Limit of one (1) No Purchase Necessary Ballot per person per Week. In the case of multiple entries, only the first eligible entry will be considered.
 

HOW TO ENTER VIA ONLINE (THESTAR.COM)
 
(iii)    To enter online:
 
•    Each Week, complete the online entry form, including all six (6) Contest game pieces (“Game Pieces”) published randomly throughout thestar.com website during the Week on Fridays through Wednesdays during the Contest Period (up to October 28, 2009);
 
•    For any Week during the Contest Period, submit the completed online entry form by the corresponding Weekly Deadline (as described below):

Week                                                                    Weekly Deadline
One (running online Sept. 17 to 23)                     9:00 a.m. ET, Friday, September 25, 2009
Two (running online Sept. 24 to 30)                     9:00 a.m. ET, Friday, October 2, 2009
Three (running online Oct. 1 to 7)                        9:00 a.m. ET, Friday, October 9, 2009
Four (running online Oct. 8 to 14)                        9:00 a.m. ET, Friday, October 16, 2009
Five (running online Oct. 15 to 22)                       9:00 a.m. ET, Friday, October 23, 2009
Six (running online Oct. 23 to 28)                        9:00 a.m. ET, Friday, October 30, 2009

•    In order to be eligible to win a prize, participants must identify all six Game Pieces in the corresponding Game Piece fields of the online entry form and submit prior to the applicable Weekly Deadline (as set out above).
 
•    Participants must visit thestar.com and locate each day’s clue which will be featured in the WestJet Fly Free Contest web banner/leaderboard which will run randomly throughout the website and will also be featured on thestar.com/flyfree contest site on a daily basis. Participants must keep track of each daily clue until they have all six game pieces.
 
•    Once Participants have all six Game Piece clues, they must log on to thestar.com/flyfree and complete the online entry ballot, including all six game piece clues which must be provided in the corresponding Game Piece fields prior to the applicable Weekly Deadline (as set out above)

•    Online entrants will have the opportunity to invite five (5) friends per Week to enter the Contest in order to earn a maximum of one (1) extra entry into the Contest (the “Bonus Entry”) per Week. To earn a Bonus Entry, all five (5) spaces must be completed, with a unique email address in each space on the ‘tell-a-friend’ page, at the time of submission of the Game Board each Week. Entrants cannot enter the same email address more than once during the Contest Period. For each successful email address entered, an email will be sent to such email address containing a link to the Contest Website, and shall identify the entrant as the sender.

(b)    Weekly entries must be received no later than each Weekly Deadline.

(c)    Limit of one (1) entry per e-mail address (for online entries, with the exception of applicable Tell a friend Bonus Entries) and one (1) entry per person (for all other means of entry) per Week during the Contest Period. In the event that an entrant attempts to enter more than once online or by all other means, only the first eligible entry received per means of entry each Week will be considered.

(d)    Non-selected entries on a Draw Date (as defined below) shall not be carried over to the next or any subsequent Draw Dates during the Contest Period.

(e)    All entries become the sole property of the Sponsors and none will be returned for any reason. Entries must be received no later than the end of the Contest Period. Entries will be declared invalid if they are late, illegible, incomplete, damaged, irregular, mutilated, forged, garbled or mechanically or electronically reproduced. No communication or correspondence will be exchanged with entrants except with those selected for a Grand Prize.

(f)    Entries submitted by mail must be received by the Sponsors no later than the end of the Contest Period, and must be in a separate outer envelope bearing sufficient postage.

(g)    Entries received online shall be deemed to be submitted by the authorized account holder of the e-mail address associated with the entry. For the purpose of the Contest Rules, “authorized account holder” of an e-mail address is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Each selected entrant may be required to provide the Sponsors with proof that the selected entrant is the authorized account holder of the e-mail address associated with the winning entry.

(h)    There are two methods of entry for the contest. Online through thestar.com/flyfree and through the Toronto Star newspaper. Participants will be allowed one entry per week per entry method (with the exception of applicable Bonus Tell a friend Entries).  The order in which the Game Pieces appear online will not necessarily reflect the same order they are running in the newspaper contest. Participants can play the contest either online or in the newspaper or both. To play the contest using both methods of entry, you must follow the paper and go online separately on a daily basis to collect the various daily Game Pieces in order to be able to submit your one weekly entry per each method of entry.

4. PRIZES.

(a)    Grand Prizes. There are six (6) prizes (“Grand Prizes” and each, a “Grand Prize”) available to be won by the Grand Prize winners (the “Grand Prize Winner” and each a “Grand Prize Winner”), each Grand Prize consists of:

(i)     one (1) twelve thousand dollar (CDN$12,000.00) travel credit for use by the Grand Prize Winner and up to five (5) designated travel companions (the “Guests” and each a “Guest”) towards either: (A) WestJet flights (airfare only); or (B) a WestJet Vacation Package. Travel under (A) or (B) must be departing together on the same itinerary from Toronto’s Pearson International Airport to any scheduled WestJet destination available at the time of booking; and

(ii)     three thousand dollars (CDN$3,000.00) spending money.

(b)    The approximate total retail value of each Grand Prize is fifteen thousand dollars (CDN$15,000.00). For greater clarity, there is one (1) Grand Prize available to be won each Week during the Contest Period.

(c)    The “Prize Year Commencement Date” begins the earlier of: (i) one (1) month from the date the Grand Prize is awarded; or (ii) the first day of travel which ever comes first. The Grand Prize must be redeemed within one (1) year (the “Prize Year”) of the Prize Year Commencement Date. In order to be awarded a Grand Prize, the Grand Prize Winner must, within five (5) business days after being notified that he/she is a Grand Prize Winner, designate up to five (5) Guests (travel companions) (each of whom are residents of Ontario) who may travel on flight(s)/package(s) with the Grand Prize Winner during the Prize Year. Flight credit is valid toward new bookings only, and can only be made after the Grand Prize Winner receives the Grand Prize. Grand Prize may not be combined with any other WestJet or/WestJet Vacations travel credit. Grand Prize is not valid for any flight(s)/package(s) departing after the end of the Prize Year. Extensions to the expiry date of the Prize Year are not permitted. Travel must be complete prior to expiry date of the Prize Year. Prize Winner must choose between a WestJet Travel credit, for airfare only, or a WestJet Vacations credit, for vacation packages only.  Credits cannot be used interchangeably.  

(d)    Flight(s)/package(s) cannot be booked more than thirty (30) days in advance of departure or less than seven (7) days of departure. Seats and/or packages are subject to availability. Grand Prize Winner must travel on all flight(s)/package(s) redeemed for themselves and/or designated Guests. Grand Prize Winner and Guests must travel on the same itinerary in both directions. Changes to flight(s)/package(s) and/or passenger names are not accepted once bookings have been confirmed. Cancellations to flight(s)/package(s) are accepted up to 24 hours prior to departures, subject to any applicable cancellation fee at the sole cost of Grand Prize Winner. If cancelled, flight(s)/package(s) will not be reinstated or refunded and any applicable cancellation fess will be payable by the Grand Prize winner. Any portions of cancelled Grand Prize Travel credit(s) will be forfeited and void.  

(e)    Flight credits must be applied toward purchases of scheduled flight(s)/package(s) on regular published fares. Grand Prize cannot be used toward service fees or gift certificates or any flights involving stand-by, non-revenue, FAM or TA fares, WestJet or WestJet Vacations group sales bookings, partner offers, promotional fares, cover taxes on promotional fares, any flights booked through WestJet’s interline or charter partners, or AIR MILES redemption.

(f)    Grand Prize Winner is not entitled to monetary difference between actual Grand Prize value and stated approximate Grand Prize value, if any.

(g)    Grand Prize Winners and Guests are responsible for all expenses including, but not limited to ground transportation to and from gateway airports, applicable taxes, surcharges, service fees, accommodations, car rentals and or attractions (that are not included in a pre-booked WestJet Vacations package), meals, telephone, fax or cable charges, merchandise, souvenirs, travel insurance, travel documentation and all other expenses of any kind not explicitly included as part of the Grand Prize. The Sponsors are not responsible for any delay, postponement, suspension, rescheduling or cancellation, for any reason, of any flight(s)/package(s) and Grand Prize Winner will not be compensated in the event of such delay, cancellation or other event described herein. Other restrictions may apply. Grand Prize Winner and designated companion(s) must depart (originate) from Toronto’s Pearson International Airport.

(h)    Grand Prize must be accepted as awarded and cannot be sold or traded, transferred, assigned, substituted or redeemed for cash or alternative prizes, or extended, except at the sole discretion of the Sponsors. The Sponsors reserve the right, in their sole discretion, to substitute a prize of equal or greater value if the Grand Prize (or any portion thereof) cannot be awarded for any reason. No reimbursement will be provided if a Grand Prize is not taken. Grand Prize cannot be combined with any other promotional offer or offers provided by the Sponsors. Grand Prize Winner must declare sole Grand Prize with WestJet (airfare only), an Alberta Partnership, or WestJet Vacations Inc. (packages only), an Alberta Corporation once declared the Grand Prize Winner, and awarded the Grand Prize.

(i)    Grand Prize Winner may claim his/her Grand Prize in Toronto, Ontario at the Toronto Star office (One Yonge Street, Toronto, Ontario M5E 1E6) on December 11, 2009.

(j)     Grand Prizes, if shipped, shall be shipped to each Grand Prize Winner’s address as indicated on the Release (described below) and shall not be insured. Sponsors shall not assume any liability for lost, damaged or misdirected Grand Prizes.

(k)    Guests must comply with the Contest Rules and sign and return the Release (described below).

5. WINNER SELECTION.

(a)    On or about each Draw Date (as described below) at approximately 12:00 p.m. (noon) ET, as applicable, in Toronto, Ontario one (1) entrant will be selected by a random draw from all eligible entries received during each corresponding Week by the Weekly Deadline during the Contest Period as follows:

Week          Weekly Deadline                         Draw Date

One            September 30, 2009                    October 2, 2009
Two            October 7, 2009                           October 9, 2009
Three         October 14, 2009                         October 16, 2009
Four           October 21, 2009                         October 23, 2009
Five           October 28, 2009                         October 30, 2009
Six             November 4, 2009                        November 6 , 2009

Each entrant shall be eligible to win only one (1) Grand Prize. The odds of being selected as a potential winner are dependent upon the number of eligible entries received by each Weekly Deadline by the Sponsors. Before being declared a Grand Prize Winner, the selected entrant will be required to correctly answer, without assistance of any kind, whether mechanical or otherwise, a time-limited mathematical skill-testing question, comply with the Contest Rules, and sign and return the Release (described below).

(b)    EACH SELECTED ENTRANT WILL BE NOTIFIED BY TELEPHONE or E-MAIL NO LATER THAN TWO (2) BUSINESS DAYS AFTER THE APPLICABLE DRAW DATE AND MUST RESPOND WITHIN TWO (2) BUSINESS DAYS OF NOTIFICATION. Upon notification, the selected entrant must respond by telephone to the contact number provided in the notification, and the selected entrant’s response must be received by the Sponsors within two (2) business days of such notification. If the selected entrant does not respond in accordance with the Contest Rules, he/she will be disqualified and will not receive a Grand Prize and another entrant may be selected in the Sponsors’ sole discretion until such time as an entrant satisfies the terms set out herein. The Sponsors are not responsible for the failure for any reason whatsoever of a selected entrant to receive notification or for the Sponsors to receive a selected entrant’s response.

(c)    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 Grand Prize claimants after the Contest’s closing date to award the correct number of Grand Prizes.

6. RELEASE. Grand Prize Winners and Guests (or in the event a Guest is a minor, the minor’s parent or legal guardian) will be required to execute a legal agreement and release (“Release”) that confirms each Grand Prize Winner’s and Guest’s: (i) eligibility for the Contest and compliance with these Contest Rules; (ii) acceptance of the Grand Prize as offered; (iii) release of each of the Sponsors and their respective parent companies, subsidiaries, affiliates and/or related companies and each of their employees, directors, officers, suppliers, agents, sponsors, administrators, licensees, representatives, advertising, media buying and promotional agencies (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 Grand 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 (iv) grant to the Sponsors of the unrestricted right, in the Sponsors’ collective or individual discretion, to produce, reproduce, publish, broadcast, communicate by telecommunication, exhibit, distribute, adapt and otherwise use or re-use the Grand Prize Winner’s and Guest’s name, photograph, likeness, voice and biography, in any and all media now known or hereafter devised, in connection with the Contest and the promotion and exploitation thereof. The executed Release must be returned within three (3) business days of the verification as a Grand Prize Winner or the selected entrant will be disqualified and the Grand Prize forfeited.

7. INDEMNIFICATION BY ENTRANT. By entering the Contest, entrant releases and holds Releasees harmless from any and all liability for any injuries, loss or damage of any kind to the entrant or any other person, including personal injury, death, or property damage, resulting in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of any Grand Prize, participation in the Contest, any breach of the Contest Rules, or in any Grand Prize-related activity. The entrant agrees to fully indemnify Releasees from any and all claims by third parties relating to the Contest, without limitation.

8. LIMITATION OF LIABILITY. The Sponsors assume no responsibility or liability for lost, late, unintelligible/illegible, falsified, damaged, misdirected or incomplete entries, notifications, responses, replies or any Release, or for any computer, online, software, telephone, hardware or technical malfunctions that may occur, including but not limited to malfunctions that may affect the transmission or non-transmission of an entry. The Sponsors are not responsible for any incorrect or inaccurate information, whether caused by website users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in the administration of the Contest. The Sponsors assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. The Sponsors are not responsible for any problems, failures or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, email, players or browsers on account of technical problems or traffic congestion on the Internet, at any website, or on account of any combination of the foregoing. The Sponsors are not responsible for any injury or damage to entrant or to any computer related to or resulting from participating or downloading material in this Contest. 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 any Grand Prize. The Sponsors assume no responsibility or liability in the event that the Contest cannot be conducted as planned for any reason, including those reasons beyond the control of the Sponsors, such as infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or corruption of the administration, security, fairness, integrity or proper conduct of this Contest, the Contest Website, and/or thestar.com.

9. CONDUCT. By participating in the Contest, each entrant agrees to be bound by the Contest Rules, which will be posted at www.thestar.com/flyfree (the “Contest Website”) and made available at the Toronto Star’s Main Lobby, One Yonge Street, Toronto, Ontario M5E 1E6 throughout the Contest Period. Entrant further agrees to be bound by the decisions of the Sponsors, which shall be final and binding in all respects. The Sponsors reserve the right, in their 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 the Contest Website, or thestar.com website; (c) violating the terms of service, conditions of use and/or general rules or guidelines of any canada.com property or service; and/or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE CONTEST WEBSITE, THESTAR.COM 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 SPONSORS RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING BUT NOT LIMITED TO CRIMINAL PROSECUTION. Grand Prize Winners and Guests must at all times behave appropriately when taking part in the travel and other activities related to the Grand Prizes (the “Locations”) and observe the Contest Rules and any other rules or regulations in force at the Locations. The Sponsors reserve the right to remove from the Locations any Grand Prize Winner and/or Guest who breaks such rules and/or fails to behave appropriately and to disqualify such Grand Prize Winner and/or Guest.

10. PRIVACY / USE OF PERSONAL INFORMATION.

(a)    By participating in the Contest, entrant: (i) grants to the Sponsors the right to use his/her name, mailing address, telephone number, and e-mail address (“Personal Information”) for the purpose of administering the Contest, including but not limited to contacting and announcing the Grand Prize Winners; and (ii) acknowledges that the Sponsors may disclose his/her Personal Information to third-party agents and service providers of any of the Sponsors in connection with any of the activities listed in (i) above.

(b)     By opting-in online and in print you consent to Toronto Star’s disclosure of your Personal Information to WestJet, an Alberta Partnership and WestJet Vacations Inc. so that you may be contacted to promote draws and contests similar to the Contest, promote opportunities to subscribe to newsletters or promotional clubs, and notify you about related products or services.

(c)    By opting-in online and in print you consent to Toronto Star’s and any of its corporate affiliate’s use of your Personal Information to contact you to promote draws and contests similar to the Contest, promote opportunities to subscribe to newsletters or promotional clubs, and notify you about related products or services.

(d)    The Sponsors will use the entrant’s Personal Information only for identified purposes, and protect the entrant’s Personal Information in a manner that is consistent with the Toronto Star Privacy Policy at: www.thestar.com/privacy

11. 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 Sponsors and/or their 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. Toronto Star is a trademark of Toronto Star Newspapers Limited, used under licence.

12. TERMINATION. The Sponsors reserve the right, in their sole discretion, to terminate the Contest, in whole or in part, and/or modify, amend or suspend the Contest, and/or the Contest Rules in any way, at any time, for any reason without prior notice.

13. LAW. These are the official Contest Rules. The Contest is subject to applicable federal, provincial and municipal laws and regulations. The Contest Rules are subject to change without notice in order to comply with any applicable federal, provincial and municipal laws or the policy of any other entity having jurisdiction over the Sponsors. All issues and questions concerning the construction, validity, interpretation and enforceability of the Contest Rules or the rights and obligations as between the entrant and the Sponsors in connection with the Contest shall be governed by and construed in accordance with the laws of the province of Ontario including procedural provisions 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.

14. LANGUAGE DISCREPANCY. In the event of any discrepancy or inconsistency between the terms and conditions of the Contest Rules and disclosures or other statements contained in any Contest-related materials, including but not limited to the Contest entry form, or point of sale, television, print or online advertising, the terms and conditions of the Contest Rules shall prevail, govern and control.