Contest Rules & Regulations:
- (a) To enter the Discover Boating/BOATsmart contest, fill out a ballot in person at any BOATsmart event before 6pm EST on Sunday, October 14, 2007, the Contest Closing Date. BOATsmart events take place at various locations throughout British Columbia and Ontario during the summer months of 2007. Alternatively, contest entries can be submitted online by filling in the online entry form located on the contest site at www.boatsmartexam.com . A listing of official events can be found at www.boatsmartexam.com. Persons registering as "boaters" online at www.boatsmartexam.com during the Contest as per the Rules will be eligible to win. Registered "Exam Supervisors" or "Proctors" who supervise exams on www.boatsmartexam.com during the Contest as per the Rules will be eligible to win; they will be entered each time they supervise an exam for a new individual. Persons who have purchased a replacement Pleasure Craft Operator Card during the Contest will be entered in the contest. No purchase necessary. For a no purchase entry please submit a your name, mailing address and phone number by mail to: "BOATsmart! Canada/Discover Boating Contest", BOATsmart! Canada, P.O. Box 98149, #970 Queen St East, Toronto, ON, Canada M4M 1J8. ALL ENTRIES FOR THE CONTEST MUST BE RECEIVED BY 11:59:59 PM ET ON September 24, 2007. Entrants who do not follow the Rules will be disqualified. Limit of one entry per person or e-mail address per household during the Contest Entry period. Persons who submit more than one entry will only receive one valid entry prior to the draw. Entry must be received by the Contest Closing Date.
(b) For the Grand Prize, a random draw by a National Marine Manufacturers Association (NMMA) Canada representative from all completed entries received as of the Contest Closing Date will be made at noon (ET) on October 22, 2007 at the NMMA Canada office at 18 King Street East, Unit E9, Bolton, Ontario, L7E 1E8. A total of 5 names will be drawn. A list will be created of the names that were drawn; the names will appear on the list in the order in which the names were drawn (i.e., the first name drawn will be first on the list, etc.). The first person on the list will be eligible for the Sailing Prize as defined in section 3 below. If NMMA Canada or its agent, acting reasonably, cannot contact that person at the telephone number or e-mail address indicated on the selected entrant's entry form by noon (ET) on October 25, 2007 or the selected person declines the prize when he or she is contacted, that person will be disqualified from the Contest. NMMA Canada or its agent will then make reasonable efforts to contact the person whose name is second on the list within the next 48 hours, failing which that person will be disqualified from the Contest. NMMA Canada or its agent will make reasonable efforts to contact the next person on the list within the next 48 hours, and so on, until one selected entrant is contacted in respect of the Contest Prize and such person does not decline the Contest Prize. When a selected entrant is contacted in respect of the Contest Prize, he or she must correctly answer the skill-testing question referred to in section 5 below as well as return the Release referred to in section 6 below within the time period there set out; if he or she fails to do either, he or she will be disqualified from the Contest. In such event, NMMA Canada or its agent will make reasonable efforts to contact by telephone or e-mail, within 48 hours, the person whose name is next on the list; should such contact not be made or should the person, once contacted, fail to correctly answer such skill-testing question and provide such signed Release within the required time period, he or she will be disqualified from the Contest, following which reasonable efforts will be made to contact, by telephone or e-mail, within a further 48 hour period, the next person on the list, and so on, until a selected entrant is contacted and meets the skill-testing and Release requirements in a timely manner.
(c) For all other prizes, a random draw by a BOATsmart! Canada representative from all completed entries received as of the Contest Closing Date will be made at noon (ET) on October 22, 2007 at the office of BOATsmart! Canada. A total of 50 names will be drawn. A list will be created of the names that were drawn; the names will appear on the list in the order in which the names were drawn (i.e., the first name drawn will be first on the list, etc.). The first person on the list will be eligible for each Prize category as defined in section 2 above. If BOATsmart! Canada or its agent, acting reasonably, cannot contact that person at the telephone number or e-mail address indicated on the selected entrant's entry form by noon (ET) on October 25, 2007 or the selected person declines the prize when he or she is contacted, that person will be disqualified from the Contest. BOATsmart! Canada or its agent will then make reasonable efforts to contact the person whose name is second on the list within the next 48 hours, failing which that person will be disqualified from the Contest. BOATsmart! Canada or its agent will make reasonable efforts to contact the next person on the list within the next 48 hours, and so on, until one selected entrant is contacted in respect of the Contest Prize and such person does not decline the Contest Prize. When a selected entrant is contacted in respect of the Contest Prize, he or she must correctly answer the skill testing question referred to in section 5 below as well as return the Release referred to in section 6 below within the time period there set out; if he or she fails to do either, he or she will be disqualified from the Contest. In such event, BOATsmart! Canada or its agent will make reasonable efforts to contact by telephone or e-mail, within 48 hours, the person whose name is next on the list; should such contact not be made or should the person, once contacted, fail to correctly answer such skill-testing question and provide such signed Release within the required time period, he or she will be disqualified from the Contest, following which reasonable efforts will be made to contact, by telephone or e-mail, within a further 48 hour period, the next person on the list, and so on, until a selected entrant is contacted and meets the skill-testing and Release requirements in a timely manner.
(d) This Contest is open to residents of Canada (excluding Quebec) who are of the age of majority in the province of which they reside. Employees or persons living with employees (and their immediate family, i.e., parents, siblings, children) of NMMA Canada, Discovery Sailing, Chester Yacht Club, Dave Mercer, Facts of Fishing, La Reserve Beauchene, Mustang Survival, Bass Pro Shops, Cottage Life, Fox 40 Marine, BOATsmart! Canada (collectively, the "Contest Sponsors") and each of their respective parent, affiliate and subsidiary companies, and advertising and promotional agencies for this Contest are not eligible.
(e) Only one (1) entry per person. All entries must be submitted on a valid Contest Ballot as determined by NMMA Canada/BOATsmart Canada, or submitted online using the entry form at www.boatsmartexam.com .
- No purchase, expenditure or investment is necessary to enter this Contest.
- Participants will be eligible to win one (1) Grand Prize of a 5-day live-aboard sailing course with Discovery Sailing in Nova Scotia, customized to the participants skill level for the contest winner and one friend. Participants will then spend the next day at Chester Race Week and participate in VIP event activities and watch the racing from a viewing boat. Return airfare within Canada and accommodation are included. One (1) Second Prize of a fishing trip for two to La Reserve Beauchene Resort in Quebec. Trip includes 4 days and 5 nights of guided fishing including a day of guiding from Dave Mercer of Facts of Fishing (estimated retail value = 8,000). This prize package must be fulfilled by June 30, 2008. The winner is responsible for travel to the selected destination, gratuities, beverages and upgrades while at the destination. Other date restrictions may apply. Other prizes include two (2) Mustang deluxe inflatable PFDs (estimated retail value = $190.00 Each), five (5) Fox 40 Marine boating safety kits including one Bailer Safety Kit and one Buoyant Heaving Line Kit (estimated retail value = $65.00), ten (10) Cottage Life prize packages including one annual subscription to Cottage Life Magazine, one Cottage Life Travel Mug and one Cottage Life First Aid Kit. (estimated retail value = $51.50), ten $100 gift cards from Bass Pro Shops redeemable in-store at Bass Pro Shops Canada locations and online at www.bassproshops.com. Date of the prize fulfillment to be determined by dates offered by the Contest Sponsors. Only those items specifically listed above are included in the Contest Prize and any other expenses are the sole responsibility of the winner and their guests including, but not limited to, transportation to and from the winner's and guests home(s) and the Contest Sponsor(s) location, items of a personal nature, personal expenses, meals other than those included, insurance, tax and gratuities. No responsibility is assumed by the Contest Sponsors for cancelled, delayed, suspended or rescheduled events for any reason whatsoever beyond their control. Other restrictions may apply. The Contest Prize's dates and features are subject to change.
- The Contest Prize must be accepted as awarded, without substitutions or transfers, and cannot be converted to cash. The Contest Sponsors reserve the right to substitute a prize of at least equal value in the event of the unavailability, for whatever reason, of the aforementioned prizes.
- In order to win, a selected entrant must first correctly answer, unaided, a time-limited, mathematical skill-testing question, posed by telephone at a mutually convenient time. NMMA Canada/BOATsmart Canada judges' rulings are final and without appeal in all matters related to the promotion and the awarding of the Contest Prize.
- The selected entrant will also be required to sign and return NMMA Canada/BOATsmart Canada's standard release and acknowledgment form (the "Release") before being declared a winner. For the Grand Prize and the Second Prize, such Release must also be signed and returned by the winner's guest. The Release holds harmless the Contest Sponsors and their respective parent, affiliate and subsidiary companies, officers, directors, employees, agents, representatives, other participants, sponsoring agencies, sponsors, advertisers, and, if applicable, the owners and lessors of the premises used to conduct the activity (collectively the "Releasees"), with respect to any and all injury, disability, death or expense, loss or damage to any person or property caused or contributed to by the winner and/or his/her guests. Such Releases must be returned via fax within fourteen (14) days of the date on the covering letter accompanying the release. If the Releases are not returned within fourteen (14) business days of the date on the covering letter accompanying the Release, the Contest Prize will be forfeited.
- By entering this Contest, each participant consents to the use of his/her entry, name, address and/or photograph in any publicity carried out by any or all of the Contest Sponsors and/or their advertising agencies, without further compensation. The winner and their guest further consents to his/her photograph being taken by any or all of the Contest Sponsors for such use, without further compensation. All entries become the property of the Contest Sponsors.
- Contest Sponsors reserve the right in their sole discretion to disqualify any entrant found to be tampering with the contest website.
- The Contest is subject to all applicable laws and regulations.
- No correspondence regarding the contest prize will be entered into except with the selected entrants. To receive a copy of the Contest rules or the winner's name, send a postage-paid, self-addressed envelope on or before March 1, 2008 to "DISCOVER BOATING/BOATSMART CONTEST", NMMA Canada, 18 King Street East, Unit E9, Bolton, Ontario, L7E 1E8.
- Chances of winning depend on the number of entries. The Contest Sponsors are unaware of how many entrants there may be.
- All entries which are incomplete, inaccurate, illegible, damaged, irregular, have been submitted through illicit means or do not conform to or satisfy any condition of the rules may be disqualified by the Contest Sponsors. The Contest Sponsors take no responsibility for lost, misdirected, late or destroyed entries, or for typographical or other production errors, or human error, or for any omission, interruption, deletion, defect, or any computer, server, online, telephone, hardware, software or technical malfunctions or damage, or inability to access the Web site or any pages thereof, theft, tampering, destruction, or unauthorized access to, or alteration of entries, data processing that is processed late or incorrectly or is incomplete or lost due to any reason, or traffic congestion on the internet that may occur (including but not limited to malfunctions that may affect the transmission or non-transmission of an online entry) relating to or resulting from participation in this contest. False and/dor deceptive entries or acts shall render entrants ineligible. Any information collected by registering to enter the Contest shall be used only in a manner consistent with these Rules and with the Discover Boating/BOATsmart Canada online Terms of Use and Privacy Policy.
- All entries become the property (and will not be returned) of the Contest Sponsors who assume no responsibility for lost, stolen, delayed, damaged or misdirected entries.
- No correspondence shall be received by a contest entrant unless the Contestant grants consent through an opt-in check box on the entry ballot or online at www.boatsmartexam.com . If the Contestant opted-in at the time of entry and later does not wish his/her personal information to be used for non-contest purposes by any parties, and would like his/her personal information removed from the Contest database at the conclusion of this Contest or at any time after the conclusion of the Contest, a request must be sent in writing to "DISCOVER BOATING/BOATSMART CONTEST", NMMA Canada, 18 King Street East, Unit E9, Bolton, Ontario, L7E 1E8.
- The Contest Sponsors reserve the right to amend these rules at any time and without notice. This Contest will be run in accordance with these rules, subject to such amendment. Contestants must comply with these rules, and will be deemed to have received and understood the rules if they participate in the Contest.
- The terms of this Contest, as set out in these rules, are not subject to amendment or counter-offer, except as set out above.
- BOATsmart! Canada & Discover Boating reserve the right to terminate or modify the Contest in any way that it deems to be fair and equitable in the event of an occurrence which may materially affect the proper play of the Contest.
- Subject to paragraph 17, if for any reason this Contest is not capable of running as planned, or if this Contest or any web site associated therewith (or any portion thereof) becomes corrupted or does not allow the proper playing of the Contest and processing of entries per these rules, or if infection by computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes, in NMMA Canada/BOATsmart! Canada's sole opinion, corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, NMMA Canada/BOATsmart! Canada reserves the right, at its sole discretion, to disqualify any individual implicated in such action, and/or to cancel, terminate, modify or suspend this Contest or any portion thereof. If such cancellation, termination, modification or suspension occurs, notification will be posted on the web site. Any attempt by any person to deliberately damage any web site or undermine legitimate operation of the program is a violation of criminal and civil laws, and should such an attempt be made, NMMA Canada/BOATsmart! Canada reserves the right to disqualify and seek damages from any such individual to the fullest extent permitted by law. In the event of dispute over source of any electronic entry, the entry will be attributed to the authorized account holder of the email account. The "authorized account holder" is deemed the natural person who is assigned to an e-mail address by an Internet access provider, service provider or other online organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. A potential winner may be requested to provide BOATsmart! Canada with proof that the potential winner is the authorized account holder of the e-mail address associated with the winning entry and that all eligibility requirements are met.