RULES & REGULATIONS
‘Fall in the Falls’ Complimentary Ticket Contest
Like our Facebook or Instagram Page and comment on the weekly post to be entered.
Draws happen weekly on September 20, 27, October 4, 11, 18, 25, and Nov 1, 2019. Random draw. One entry per user, per week.
Winner will be notified via social media (Facebook or Instagram). When the participant’s entry is selected they must show proof of identification to claim the prize.
There will be 7 prize packs given out. Weekly from September 20 2019 – November 1, 2019 based on the schedule. The prize pack will include 2 tickets for a Voyage to the Falls Boat Tour during the season of 2019. This prize cannot be exchanged for cash value. Prize cannot be used in conjunction with other promotions or discounts. Cannot be substituted for other goods and/or services. Other restrictions may apply. Terms and conditions of prize are subject to change without notice.
Open to those who are eighteen (18) years of age or older at the date of entry. One entry per person, per submission. Multiple entries will be disqualified and not qualify for the contest. Employees, agencies and suppliers of Hornblower Co. and Hornblower Niagara Cruises and their family members are not eligible to participate in this promotion. Should the winner not come forth within 72 hours (3 days) to receive the grand prize, an alternate winner will be selected and they will be subject to all of the requirements and limitations in these official rules.
By participating, the winner must agree to allow the use of his or her name, voice, photograph, likeness and any information provided on the entry form, in any media now known or hereafter invented and for any purpose, including advertising, promotional or other purposes by Hornblower Niagara Cruises without further compensation. Hornblower reserves the right to take photographs or recordings of the winner and own the rights to photographs or recordings and use them for any purpose, including advertising or promotion.
Entrants agree to be bound by these rules. Hornblower Niagara Cruises is entitled to interpret these rules as needed and their decision is final. Hornblower Niagara Cruises reserves the right to correct typographical, clerical or printing errors in any material regarding this promotion.
OFFICIAL RULES & REGULATIONS
The “Fall in the Falls” contest is being operated and promoted by Hornblower Canada Co. (“Hornblower Niagara Cruises”), a wholly owned subsidiary of Hornblower Co. (“Hornblower Co.”).
The Contest is open to those over the age of 18 years or older at the time of entry and will be governed according to laws in Ontario. Unless otherwise specified, entries (as defined herein) to the contest will begin on Monday, September 16, 2019 at 12:01am EST and will close on Friday, November 1, 2019 at 12:01pm EST. All references to time in these Official Contest Rules and Regulations are to Eastern Standard/Daylight Time. NO PURCHASE NECESSARY TO ENTER OR WIN. Void where prohibited by law.
- CONTEST PERIOD
Entry into the Contest shall only take place during the Contest Period.
Entrants must be eighteen (18) years of age or older at the date of entry. The following individuals are not eligible to enter the Contest: (i) employees, officers and directors of Hornblower Co. / Hornblower Niagara Cruises; (ii) Hornblower Niagara Cruises members; (iii) employees, officers and directors of Hornblower / Hornblower Niagara Cruises’ prize suppliers or advertising and promotional agencies; (iv) immediate family members of the individuals set out in (i) and (ii) above; and (v) all persons residing or domiciled with any individuals set out in (i), (ii) or (iii) above.
- HOW TO ENTER
Like our Facebook or Instagram Page and comment on the weekly post during the contest period.
One entry per person, per post. Multiple entries will be disqualified and not qualify for the contest. Hornblower Co., Hornblower Niagara Cruises and their agents are not responsible for lost, late, or misdirected Entries, for technical, hardware, software or delivery failures of any kind, for lost or unavailable network connections, or for failed, incomplete, garbled or delayed computer transmissions or any human error which may occur in the receipt or processing of the Entries. Proof of entering information at the Contest Website does not constitute proof of delivery or receipt. Hornblower Co. reserves the right to modify the scheduling of the Contest without prior notification. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed to be submitted by the person in whose name the email account is registered on the date the entry is submitted. All entries become the sole property of Hornblower Co. / Hornblower Niagara Cruises and will not be acknowledged or returned.
- RANDOM DRAWING
In order to be declared the winner by contest judge, a potential winner must be in compliance with these Official Contest Rules and Regulations and, in particular, the following:
A representative of Hornblower Co. / Hornblower Niagara Cruises must be able to reach the potential winner independently by social medial informing him/her that he/she is the potential winner subject to meeting all the Official Contest Rules and Regulations. The potential winner is required to respond to the notification or announcement via social media within a forty eight (48) hour period of the sending of the notification and announcement on Hornblower Niagara Cruises social media pages. The potential winner shall receive an email confirmation that his/her response was received soon after. If the potential winner is unreachable during this timeframe, another potential winner shall be selected from the remaining eligible entries and the same procedure noted herein shall be followed. Return of prize notification as undeliverable may result in disqualification and alternate selection/potential winner may be drawn.
The potential winner must correctly answer, unaided and within a set timeframe, a mathematical skill-testing question administered by Hornblower Co. / Hornblower Niagara Cruises or its agent by telephone within forty eight (48) hours after Hornblower Co. contacts a potential winner.
The potential winner must complete, sign and return a standard form declaration and release prepared by Hornblower Co. / Hornblower Niagara Cruises within one (1) business day from the date on which the form is sent to the potential winner.
If a potential or declared winner is not in compliance with these Official Contest Rules and Regulations, the Contest judges reserve the right to disqualify such entrant from the Contest and randomly select further entrants from the remaining eligible Entries until a winner is finally declared. Hornblower Co. / Hornblower Niagara Cruises reserves the right not to award the Prize if he/she is unable to declare a potential winner a declared winner within a reasonable timeframe, which shall be subject to Hornblower Co./ Hornblower Niagara Cruises’ sole discretion. Entrants will not be individually contacted, except for the potential winner(s), who will be contacted by email.
- ODDS OF WINNING
Odds of winning the prize depend on the number of eligible entries received.
There are 7 prize packages available to be won. Each prize package includes two (2) complimentary tickets to a Hornblower Niagara Cruises Voyage to the Falls Boat Tour valid in the 2019 season. The prize must be accepted as awarded. The prize may not be sold, transferred and is not convertible to cash. The prize winner is solely responsible for all costs not expressly described herein.
The prize is awarded “as is” without warranty or guarantee, either express or implied, and cannot be exchanged for cash or other substitutes. All prize details are at Hornblower Canada Co./Hornblower Niagara Cruises sole discretion.
By entering the Contest, you consent to Hornblower Co., Hornblower Niagara Cruises and its designees’ use of your name, city of residence, photograph, voice, statement and image or video for any publicity and advertising purposes, in any and all media, now or hereafter devised, worldwide in perpetuity, without additional notification, permission or compensation, except where prohibited by law.
- INDEMNITIES AND DISCLAIMERS
Entrant agrees to indemnify and hold Hornblower Co., Hornblower Niagara Cruises, and their respective affiliates, members, officers, directors, agents, co-branders or other partners, and any of their employees (collectively, the “Indemnitees”) harmless from any and all claims, cause of action, damages, expenses, costs (including but not limited to reasonable attorneys’, accounting and other professional fees) and liabilities (including settlements), brought or asserted by any third party against any of the Indemnitees due to or arising out of the entrant’s entry in the Contest.
All entrants agree to release and hold harmless Hornblower Co., Hornblower Niagara Cruises, and their respective directors, members, employees, officers, licensees, licensors and agents, and respective advertising and promotion entities and any person or entity associated with the production, judging, or administration of the Contest (collectively, the “Released Parties”), from and against any and all rights, claims and causes of action whatsoever that they may have, or which may arise, against any of them for any liability for any matter, cause or thing whatsoever, including but not limited to any injury, loss, damage, whether direct, compensatory, incidental or consequential, to person, including death and damage to property, arising in whole or in part, directly or indirectly, from their acceptance, possession, use or misuse of a prize in the Contest, or their participation in the Contest, or their participation in any Contest. Each potential winner acknowledges that the Released Parties have neither made, nor are in any manner responsible or liable for, any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to any prize or the Contest. Apart from manufacturer warranties (which may not be available in all geographies), all warranties are hereby disclaimed; and each potential winner will accept the Prize “AS IS”.
Neither Hornblower Co., Hornblower Niagara Cruises nor their respective directors, officers, employees, members, affiliates, partners, service providers, consultants, representatives or agents shall be held responsible for any errors or negligence that may arise or occur in connection with the Contest including any damage to an entrant’s computer equipment, system, software or any combination thereof, as a result of their participation in this Contest or from downloading any material from the Contest Website, where applicable.
- OTHER IMPORTANT TERMS
By participating in the Contest, entrants agree: (i) and acknowledge that he or she has read these Official Contest Rules and Regulations and agrees to be bound by these Official Contest Rules and Regulations and any decisions of Hornblower Co. and Hornblower Niagara Cruises relating to these Official Contest Rules and Regulations and/or the Contest, which shall be final and binding; and (ii) that if there is any discrepancy or inconsistency between the terms and conditions of these Official Contest Rules and Regulations 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 these Official Contest Rules and Regulations shall prevail, govern and control.
All entries become the sole property of, and are subject to verification by Hornblower Co. and Hornblower Niagara Cruises and in no case shall be acknowledged or returned to sender.
Any attempt to tamper with the entry process, interfere with these Official Contest Rules and Regulations, deliberately damage any website or undermine the administration, security or legitimate operation of the Contest, is a violation of criminal and civil laws, and Hornblower Co. reserves the right to seek damages and/or other relief (including attorneys’ fees) from all persons responsible for such acts to the fullest extent permitted by law, which may include banning or disqualifying entrants from this and future Hornblower Co. contests. In its sole determination, Hornblower Co. may disqualify any person who acts in violation of these Official Contest Rules and Regulations, or acts in any manner to threaten or abuse or harass any person and void all associated entries.
Entries generated by script, macro, robotic, programmed, or any other automated means or by any means which subvert the entry process are prohibited and will be disqualified. Any individual who attempts or otherwise encourages, directly or indirectly, the entry of multiple or false contact information under multiple identities, or uses any device or artifice to enter or encourage, directly or indirectly, multiple or false entries, as determined by Hornblower Co., will be disqualified and all associated Entries will be void.
If for any reason, in the opinion of Hornblower Co., in its sole discretion, the Contest is not capable of running as originally planned, or if the administration, security, fairness, integrity or the proper conduct of the Contest is corrupted or adversely affected, including by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes beyond their control, Hornblower Co. reserves the right to cancel, terminate, modify, amend, extend or suspend the Contest including canceling any method of entry, and select a winner from previously received eligible Entries and/or offer alternative prize of equal value, should the original prize become unavailable due to circumstances beyond its control.
The invalidity or unenforceability of any provision of these Official Contest Rules and Regulations shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Contest Rules and Regulations shall otherwise remain in effect and shall be construed in accordance with the terms as if the invalid or illegal provision were not contained herein.
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- PERSONAL INFORMATION
- INTELLECTUAL PROPERTY
All intellectual property, including but not limited to trademarks, trade-names, logos, designs, promotional materials, web pages, source codes, drawings, illustrations, slogans and representations are owned by Hornblower Co. 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.