Yorkdale Shopping Centre

YORKDALE WINTER GETAWAY CONTEST

YORKDALE SHOPPING CENTRE

CONTEST RULES

 

THIS CONTEST (THE “CONTEST”) IS ONLY OPEN TO RESIDENTS OF ONTARIO (THE “JURISDICTION”) AND IS GOVERNED BY CANADIAN LAW AND THE LAWS OF THE PROVINCE OF ONTARIO.

 

THIS CONTEST IS NOT OPEN TO RESIDENTS OF QUEBEC.

 

NO PURCHASE NECESSARY.

 

SEE BELOW FOR FULL CONTEST DETAILS.

 

ENTRY OR ATTEMPTED ENTRY IN THE CONTEST AUTOMATICALLY (WITHOUT ANY OTHER ACTION OF ANY KIND BY ANY PERSON) AND IRREVOCABLY CONSTITUTES SUCH ENTRANT’S FULL AND UNCONDITIONAL ACCEPTANCE OF AND AGREEMENT TO BE LEGALLY BOUND BY THESE CONTEST RULES (THE “CONTEST RULES”).

 

This Contest is sponsored and operated by OPGI MANAGEMENT LIMITED PARTNERSHIP (the “Contest Sponsor”).  Manufacturers, distributors, suppliers, retailers or otherwise of Prizes (as defined below) (collectively, “Prize Providers”) are not sponsoring or operating the Contest.

 

WHEN THE CONTEST BEGINS AND FINISHES

 

1. The Contest will begin and finish as follows (the “Contest Period”): the Contest will BEGIN on November 1, 2024 at 10:00AM EST and FINISH on November 15, 2024 at 9:00PM EST (the “Contest Closing Time”).

 

WHO IS ELIGIBLE AND NOT ELIGIBLE TO ENTER THE CONTEST

 

2. The Contest is open only to individuals (thereby excluding corporations, partnerships, trusts or any other persons other than individuals) who meet all of the following eligibility criteria:

 

(a) the individual is a resident of the Jurisdiction on the date the individual enters the Contest;

 

(b) the individual has reached the age of majority in his or her province or jurisdiction of residence on the date the individual enters the Contest;

 

(c) if the individual has not reached the age of majority in such province or jurisdiction on the date the individual enters the Contest, if the individual is declared a Winner (as defined below), a parent or legal guardian of the individual signs the Release (as defined below) for and on behalf of the individual; and

 

(d)        the individual is not an Ineligible Participant (as defined below),

 

such individual being an “Eligible Participant”.

 

An employee or volunteer of a retailer in any mall owned or operated by an Oxford Property (as defined below) is an Eligible Participant (provided they meet the eligibility criteria above).

 

3. The Contest is not open to (and the following may not enter the Contest and are not eligible to enter the Contest or win the Contest):

 

(a) a person other than an individual;

 

(b) an individual residing in the Province of Quebec, any province or territory of Canada that is not the Jurisdiction, or any other country;

 

(c) directors, officers, employees, representatives, contractors and agents (including, but not limited to, in connection with advertising, marketing or promotion) of the Contest Sponsor, OPGI Management Limited Partnership, Oxford Properties Group, all affiliates of any of the foregoing, the successors (including, but not limited to, by way of merger or amalgamation), assigns, executors and estate trustees of any of the foregoing;

 

(d) any individual in the immediate family of any director, officer, employee, representative, contractor or agent referred to in (c) (including, but not limited to, a mother, father, brother, sister, son, daughter, partner or spouse, including at common law); or

 

(e) any individual who is domiciled with any director, officer, employee, representative, contractor or agent referred to in

(f) each such ineligible person or individual, an “Ineligible Participant”.

 

 

(a) Whether an individual is an Eligible Participant or an Ineligible Participant shall be determined solely by the Contest Sponsor.

 

(b) If the Contest Sponsor determines an individual is an Eligible Participant but subsequently receives or obtains information or evidence that such individual is an Ineligible Participant, the Contest Sponsor may (in its sole determination) render such individual an Ineligible Participant (an “Ineligible Participant Re-Determination”).  In the case of an Ineligible Participant Re-Determination, such individual shall return to the Contest Sponsor, at such individual’s own cost and expense, all prizes awarded to such individual under the Contest in the same amount, form, condition or otherwise that such individual received it.

 

(c) If the Contest Sponsor determines an individual is an Ineligible Participant but subsequently receives or obtains information or evidence that such individual is an Eligible Participant, the Contest Sponsor may (in its sole determination) render such individual an Eligible Participant.

 

HOW TO ENTER

 

5. To enter the Contest, an Eligible Participant must during the Contest Period:

 

 

(a) attend in person at YORKDALE SHOPPING CENTRE Guest Services, request to complete the digital contest form and submit the digital contest form in person to YORKDALE SHOPPING CENTRE Guest Services.

 

6. All entries must be made or submitted (as applicable) before the Contest Closing Time. Only one (1) entry is required to enter the Contest.  Multiple entries will not increase the chances of winning. Limit of one (1) entry per person.

 

7. To enter the Contest, an Eligible Participant is not required to make any purchase of any good or service, complete any task or action (other than entering the Contest AS set out above) or pay any consideration.

 

PRIZE(S)

 

8. One (1) Prize is available to be won in this Contest, consisting of:

• Two (2) x round-trip tickets on Porter Airlines between Toronto Pearson Airport and Calgary International Airport. These will be provided in the form of Porter Airlines flight vouchers for the Winner (as defined below) and one (1) Guest (subject to the Guest Requirements noted below – the “Guest”). Porter Airlines flight vouchers are valid for Porter Classic travel on flight PD 357 leaving from Toronto Pearson International Airport at 9:30AM EST and arriving at Calgary International Airport at 11:55AM MST on January 31, 2025 and returning on flight PD 362 leaving from Calgary International Airport at 4:20PM MST and arriving at Toronto International Airport at 10:20PM EST on February 2, 2025 (Approx. Value: $1,800 CDN all applicable taxes and fees included).
  • Please note that your travel is subject to Porter Airlines (Canada) Limited Terms and Conditions (click hyperlink to view).
• Two (2) x round-trip transfers for Selected Entrant and guest to/from Fairmont Banff Springs Hotel and Calgary International Airport (Approx. Value $330 CDN) and a Two (2) night-stay at Fairmont Banff Springs Hotel for Selected Entrant and guest on the exclusive Fairmont Gold floor valid January 31, 2025 – February 2, 2025). This includes daily breakfast & evening canapés, private arrival experience, skate rentals, food & beverage credit for Après at the Castle (Approx. Value: $2,600 CDN). Details regarding accommodation, including size and type of room, occupancy, and any other specifics will be at the sole and absolute discretion of the Contest Sponsor.
  • Please note that your transfers and hotel stay is subject to Fairmont Hotels & Resorts Terms and Conditions (click hyperlink to view).
• A Shopping spree at Yorkdale Shopping Centre before trip. (Approx. Value $1,000 CDN),

 

(each, a “Prize” OR the “Prize”). The Prize has an approximate value of CDN $5,730.00.

 

9. Each Prize must be accepted as awarded, is not transferrable and may not be converted into, substituted for or returned, exchanged or redeemed for cash, gift cards, reward points, a return, credit, reduction or discount on a prior or future purchase of goods or services or any other form or format other than the Prize in the form or format awarded, except at the choice of the Contest Sponsor. For the avoidance of doubt, no substitutions are permitted, except at Sponsor’s option Each Prize will only be awarded to, and must be claimed by, the winner of such Prize named on the winning entry for such Prize. The Contest Sponsor may, in its sole discretion and without notice to You or any other person, substitute any Prize with one of an equal or greater approximate value, including a cash award (including where a Prize is unavailable).  A Prize  may  not  be  exactly  as  described, illustrated or displayed.  Each Winner (as defined below) must arrange for collection, delivery, assembly, storage and use of its Prize at its own expense.

 

Without limiting the generality of the foregoing, the following general conditions apply to the Prize: (i) all travel related to the Prize must occur within and/or on the date or dates specified by the Contest Sponsor (otherwise the Prize may, in the sole and absolute discretion of the Contest Sponsor, be forfeited in its entirety and, if forfeited, nothing will be substituted in its place); (ii) the confirmed Prize winner and their Guest must: (a) have all necessary documentation to permit travel; and (b) must travel on the same itinerary as set by or on behalf of the Contest Sponsor; (iii) the costs of everything not specifically and expressly stated above as included in the Prize are the sole and absolute responsibility of the confirmed Winner (as defined below) and their Guest, including, without limitation: meals and drinks; gratuities; entertainment; health and travel insurance; transportation to and from Toronto Pearson Airport; additional transportation; baggage and other fees; and items of a personal nature (NOTE: confirmed Winner and/or their Guest may be required to present a valid major credit card in their name at the time of hotel check-in to cover any incidental expenses); (iv) if the confirmed Winner and/or their Guest do not utilize any part(s) of the Prize, then any such part(s) not utilized may, in the sole and absolute discretion of the Contest Sponsor, be forfeited in their entirety and, if forfeited, nothing will be substituted in their place; (v) Contest Sponsor reserves the right at any time to: (a) place reasonable restrictions on the availability or use of the Prize or any component thereof; and/or (b) substitute the Prize or a component thereof for any reason with a prize or prize component(s) of equal or greater retail value, including, without limitation, but solely at the Contest Sponsor’s sole discretion, a cash award; (vi) arrangements relating to the Prize must be made through the Sponsor(s) or its designated agents; and (vii) by accepting the Prize, the confirmed Winner agrees to waive all recourse against the Contest Sponsor, the Prize Providers, or the Contest Parties if the Prize or a component thereof does not prove satisfactory, either in whole or in part.

 

Without limiting any of the foregoing, the following additional terms and conditions apply to the Prize: (i) the confirmed Winner and their Guest must have all necessary documentation to permit participation in the Prize, failing which they may, in the sole and absolute discretion of the Contest Sponsor, be disqualified (and, if disqualified, will forfeit all rights to the Prize); (ii) the Contest Sponsor and the other Releasees (as defined below) are not responsible for any delay, postponement, suspension, rescheduling or cancellation of any aspect of the Prize, for any reason (including without limitation, if fulfilment of the Prize, or any part thereof, is rendered impossible, infeasible, unsafe or impractical for any reason, including without limitation due to illness or health risks, or any governmental or health authority orders, measures, directives or guidance in response to such illness or risks, such as, without limitation, those that may be implemented to mitigate COVID-19 transmission, or due to any pandemic-related law, regulation, order, policy, guideline, strike, travel restriction, venue policy, restriction, or other cause of any kind or nature whatsoever), and for greater certainty are not obligated to offer any compensation and/or substitute prizing as a result; and (iv) by participating in the Prize, the confirmed Winner and their Guest: (a) signifies that they understand, acknowledge and accept that participation in the Prize may involve danger and/or exposure to risks and dangers; (b) signifies that the acknowledge and agree that the Contest Sponsor and the other Releasees (as defined below) have not made any warranties, guarantees or representations about their safety while participating in the Prize; and (c) warrants and represents that they have evaluated the nature, scope, and extent of the risks involved, and freely and voluntarily agree and assume any and all risks arising out of or connected with their participation in the Prize.

 

Guest Requirements: The confirmed Winner’s Guest must: (a) be a resident of Ontario; (b) be of the legal age of majority in their jurisdiction of residence; and (c) sign and return the Contest Sponsor’s release (by the date indicated on the release form) indicating (among other things) that they waive all recourse against the Contest Sponsor and all of the other Releasees (as defined below) relating to their participation in the Prize (including, without limitation, any travel related thereto).

 

It is strongly recommended and encouraged that the confirmed Winner and their Guest obtain sufficient personal travel and medical insurance prior to departure. Transportation is subject to availability, blackout periods, government restrictions and regulations, airline, airport or other transportation restrictions and regulations. The Contest Sponsor and the other Releasees (as defined below) are not responsible for any delay, postponement, suspension, rescheduling or cancellation, for any reason, of any aspect of the Prize – including, but not limited to flight(s). Neither the Grand Prize confirmed Grand Prize winner nor their Guest nor any other person or entity will be compensated in the event of such delay, cancellation or other event contemplated herein. The Sponsor will not replace any lost or stolen tickets. Changes to flights and or passenger names are not accepted once bookings have been confirmed.

 

ODDS OF WINNING

 

10. The odds of winning any Prize depends on the number of eligible entries received during the Contest Period and the number of Prize forfeitures.

 

 

DRAW

 

11. On November 19, 2024 at 1:00PM EST (the “Draw Date”), at Yorkdale Shopping Centre, Management Office, 1 Yorkdale Road, Suite 500, Toronto, Ontario, the Contest Sponsor will randomly select 1 (one) entry by random draw from among all eligible entries submitted and received in accordance with these Contest Rules during the Contest Period (the “Draw”).

 

12. The selected entry is the “Selected Entry” and the name on the Selected Entry is the “Selected Entrant”.

 

HOW TO BE DECLARED A WINNER AFTER AN ENTRY IS SELECTED

 

13. The Contest Sponsor or its representative will make a minimum of three (3) attempts to contact each Selected Entrant by email within seven (7) days of the Draw Date. If a Selected Entrant cannot be contacted as outlined above, or if there is a return of any notification as undeliverable; then the Selected Entrant may, in the sole and absolute discretion of the Contest Sponsor, be disqualified (and, if disqualified, will forfeit all rights to the Prize) and the Contest Sponsor reserves the right, in its sole and absolute discretion and time permitting, to randomly select an alternate Selected Entrant from among the remaining eligible entries submitted and received in accordance with these Contest Rules during the Contest Period (in which case the foregoing provisions of this section shall apply to such newly selected Selected Entrant).

 

14. NO ONE IS A WINNER UNLESS AND UNTIL THE CONTEST SPONSOR OFFICIALLY CONFIRMS THEM AS A WINNER IN ACCORDANCE WITH THESE CONTEST RULES. To be declared the Contest winner by the Contest Sponsor for the Selected Entrant’s respective Prize (a “Winner”), the Selected Entrant must:

 

(a) be an Eligible Participant (and, if required by the Contest Sponsor, deliver evidence satisfactory to the Contest Sponsor in its sole discretion (“Eligible Participant Evidence”));

 

(b) present to the Contest Sponsor photo identification confirming that the Selected Entrant is the Selected Entrant associated with the Selected Entry (“Proof of Identification”) and the Contest Sponsor shall only view such identification for such purposes and the Contest Sponsor shall not retain or collect such identification or any contents of such identification;

 

(c) sign and deliver to the Contest Sponsor a declaration of eligibility and release (the “Declaration of Eligibility and Release”) in the form provided by the Contest Sponsor which shall, among other things, release the Contest Sponsor, OPGI Management Limited Partnership and Oxford Properties Group (each an “Oxford Property” and collectively the “Oxford Properties”), all affiliates of any of the foregoing, all shareholders, partners (in the case of partnerships), trusts, trustees, directors, officers, employees, independent contractors and agents (including, but not limited to, in connection with advertising, marketing or promotion) of any of the foregoing, and the successors (including, but not limited to, by way of merger or amalgamation), assigns, executors and estate trustees of any of the foregoing (each person being released is a “Releasee” and collectively the “Releasees”), in each case from any and all liability or indemnity for any direct or indirect claims, damages, loss, costs or expenses incurred, arising from, in connection with or related to entering or not entering the Contest, being an Eligible Participant or Ineligible Participant, the collection, retention, use and disclosure of personal information of an Eligible Participant and Ineligible Participant, the Draw, being a Selected Entrant or not being a Selected Entrant, being a Winner or not being a Winner, being selected for a particular Prize or not being selected for a particular Prize, and the acceptance (including by an individual authorized by the Selected Entrant), delivery, loss, misuse, damage, collection, receipt, assembly, testing, use, merchantability, storage, sale, lease, transfer or gift (in each case whether authorized or not) of a Prize (the “Release”);

 

(d) the Declaration of Eligibility and Release shall also include a mathematical skill testing question which must be correctly answered by the Selected Entrant without mechanical or other aid in the Declaration of Eligibility and Release; and

 

(e)  the Eligible Participant Evidence, the Proof of Identification and the Release (including the skill-testing question in the Release correctly answered) must be received by the Contest Sponsor on or before November 28, 2024 being seven (7) Business Days after the Draw Date (the “Delivery Deadline”).   A “Business Day” is any day other than a Saturday, Sunday or statutory holiday in the Province or Jurisdiction (as applicable) of Ontario. The Proof of Identification and Release is to be completed and returned to YORKDALE SHOPPING CENTRE Guest Services on the day the Prize is collected.

 

Provided the Selected Entrant complies with all of the above:

 

(f) the Selected Entrant shall pick up the Prize from the Contest Sponsor; or

 

(g) if the Selected Entrant is unable to pick up the Prize from the Contest Sponsor, the Selected Entrant may notify the Contest Sponsor in writing that it has authorized an individual over the age of majority to pick up the Prize on its behalf (and such written notice shall include the name of such individual) and such individual shall present confirmation to the Contest Sponsor that it is so authorized in order to pick up the Prize and the Contest Sponsor shall only view such identification for such purposes and the Contest Sponsor shall not retain or collect such identification or any contents of such identification;

 

(h) in the case of a Selected Entrant who did not reach the age of majority in the applicable province or jurisdiction on the date the Selected Entrant entered the Contest, the Selected Entrant and a parent or legal guardian of the Selected Entrant shall pick up (and are fully responsible for picking up) the Prize from the Contest Sponsor.

 

15. A Selected Entrant shall forfeit its Selected Entry and shall not be declared a Winner if section 15 is not complied with in its entirety (such Selected Entrant being a “Forfeited Selected Entrant” and such forfeiture being a “Forfeiture”).

 

16. In the case of all Forfeitures, as soon as possible:

 

(a) the Contest Sponsor will subject to its sole and absolute discretion and time permitting, randomly select an alternate Selected Entrant for the applicable Prize(s) from among the remaining eligible entries submitted and received in accordance with these Contest Rules during the Contest Period (excluding all Selected Entrants and excluding all Forfeited Selected Entrants);

 

(b) sections 13, 14, 15, 16 and this 17 (in the case of Forfeitures in connection with the draw in this section 17) shall apply mutatis mutandis (with all necessary changes); and

 

(c) such additional draws shall be conducted by the Contest Sponsor (sections 13, 14, 15, 16 and this 17 (in the case of Forfeitures in connection with the draw in this section 17(c)) shall apply mutatis mutandis (with all necessary changes) until there are no Forfeitures.

 

GENERAL

 

17. As set out above, by entering the Contest, an Eligible Participant agrees to abide by these Contest Rules. This Contest is subject to all applicable federal, provincial, territorial and municipal laws and is void where prohibited by law. The decisions of the Contest Sponsor with respect to all aspects of the Contest and these Contest Rules are final and binding without any right of appeal. ANYONE DEEMED BY THE CONTEST SPONSOR TO BE IN VIOLATION OF THE CONTEST SPONSOR’S INTERPRETATION OF THE LETTER AND/OR SPIRIT OF THESE CONTEST RULES FOR ANY REASON IS SUBJECT TO DISQUALIFICATION IN THE SOLE AND ABSOLUTE DISCRETION OF THE CONTEST SPONSOR AT ANY TIME.

 

18. The Contest Sponsor may withdraw, change, suspend or cancel the Contest in any way, without prior notice to any person, in the event of an error, technical problem or failure, computer virus (or the like), privacy breach, unauthorized intervention, fraud or any other occurrence or event beyond the reasonable control of the Contest Sponsor (in its sole discretion) that interferes with the operation of the Contest as contemplated by the Contest Rules. The Releasees shall not be liable to any person (including any Eligible Participant) or required to indemnify any person (including any Eligible Participant) for any direct or indirect claims, damages, loss, costs or expenses incurred as a result of, arising from or in connection with any of the foregoing.

 

19. The Releasees shall not be liable for (a) any interruption to or failure of any website or social media account or platform prior to, during and after the Contest and any draw, (b) erroneous, damaged, destroyed, lost, late, incomplete, illegible, inappropriate, incorrectly addressed or misdirected entries, (c) a technical malfunction or other problem relating to computers, servers, access providers, computer equipment or software, (d) the failure of an entry to be received by the Contest Sponsor, (e) any difficulty or inability of any person in downloading, streaming or otherwise accessing or viewing the Contest, (f) any injury or damage to an entrant’s or any other person’s computer or other device related to or resulting from participating in the Contest; (g) anyone being incorrectly and/or mistakenly identified as a winner or eligible winner. The Releasees shall not be liable to any person (including any Eligible Participant) or required to indemnify any person (including any Eligible Participant) for any direct or indirect claims, damages, loss, costs or expenses incurred as a result of, arising from or in connection with any of the foregoing.

 

20. By entering (or attempting to enter) the Contest (a) all entries become the sole property of the Contest Sponsor, (b) each Winner permits and consents to the Contest Sponsor posting, publishing or otherwise displaying the Winner’s first name and image or likeness on any website, social media account, physical display or otherwise of the Contest Sponsor and (c) each Eligible Participant and Ineligible Participant permits and consents to the Contest Sponsor receiving, storing, sharing, disclosing and using any and all personal information provided by an Eligible Participant or Ineligible Participant to the Contest Sponsor under or in connection with the Contest for the purpose of administering the Contest. For further information, the Contest Sponsor’s privacy statement (as amended from time to time) is available at https://www.oxfordproperties.com/corp/privacy.

 

21. All entries are subject to verification by the Contest Sponsor at any time and for any reason in the Contest Sponsor’s sole discretion. Failure to provide any information or documentation required in the context of such verification to the satisfaction of the Contest Sponsor in a timely manner may result in disqualification and forfeiture in the sole discretion of the Contest Sponsor.

 

22. Any attempt or suspected attempt (and whether successful or unsuccessful) by an Eligible Participant or Ineligible Participant to undermine, disrupt or otherwise affect the operation of the Contest or the Contest Rules (including, but not limited to, creating multiple ballots or email accounts) and using robotic, automatic, programmed or the like or illegal means to do any of the foregoing, (a) may result in the disqualification and forfeiture of the Eligible Participant, (b) the Contest Sponsor and the other Releasees may seek remedies and damages to the fullest extent permitted by law and (c) the Contest Sponsor and the other Releasees shall not be liable to or required to indemnify any person (including any Eligible Participant) for any direct or indirect claims, damages, loss, costs or expenses incurred as a result of, arising from or in connection with any of the foregoing.

 

23. A participant may choose to enter the Contest through a mobile device with web browsing capabilities and may incur a data charge from their wireless service provider. Check with your wireless service provider for details on these and other applicable charges. Participants are solely responsible for any such wireless charges. Not all wireless carriers participate.