Fernie Winter Escape Contest – Official Rules

By participating in this promotional contest (the "Contest"), each participant unconditionally accepts and agrees a) to the terms and conditions set out in these Official Rules, and b) the decisions of Resorts of the Canadian Rockies Inc. (the "Sponsor") with respect to all aspects of the Contest, which decisions will be final and binding.

1. Eligibility: No purchase is necessary to enter or win. In order to participate in this Contest an individual must be a resident of Canada (excluding Quebec) and must have, at the time of entry, reached the age of majority in the province in which they reside. Employees of the Sponsor, its affiliates and subsidiary companies, its agents and advertising agencies are not eligible. As well, immediate family members (parent, child, sibling and spouse) of such an employee and any person domiciled with such an employee are not eligible.

2. Contest Period: The Contest opens at 00:01 a.m. Mountain Standard Time ("MST") on January 19th, 2010 and closes at 11:59:59 p.m. MST on February 16th, 2010.

3. Entry: You may enter the Contest by completing an online entry form located at www.skircr.com/win. This will entitle you to one entry. You must provide your full name, address, postal code, email address and phone number. Your entry will be disqualified if you (i) provide information that is incomplete or inaccurate, or (ii) fail to comply with or attempt to circumvent the terms and conditions of these Official Rules. Automated entries are not permitted and will be disqualified. No facsimile or mechanical reproduction of any entry form is permitted. Only one entry per person is permitted.

4. Prize: The winner of the 'FernieWinter Escape' contest will receive a winter travel package for two (2) people for three (3) nights and four (4) days at The Wolf's Den Lodge at Fernie Alpine Resort, British Columbia and three (3) full day lift tickets for two (2) for Fernie Alpine Resort, British Columbia. Total retail value is approximately eleven hundred dollars and no cents, ($1000.00CDN). Winner has one year from date of draw, February 17, 2011 to redeem the prize. Prize must be booked and redeemed before February 17, 2011. Booking dates are subject to availability and blackout dates of February 11-21, 2010 and December 20, 2010 to January 2, 2011.

The above prize description constitutes the expected prize details and all aspects thereof are subject to availability and subject to change. Some restrictions may apply. The winner will be provided with additional details after final arrangements have been made.

The Sponsor is not responsible for any postponement or cancellation, for any reason, of any event, exhibit or attraction forming part of the Prize. If the whole or any part or parts of any activity relating to the Prize is canceled or postponed, the winner agrees to accept the balance of the Prize in and as full satisfaction of the Prize in its entirety and agrees that he/she shall have no claim against the Sponsor or any other person in respect of the canceled or postponed portion of the Prize.

The cost of travel by the winner and any companion to and from the winner’s residence and companion's residence to Fernie Alpine Resort, British Columbia is solely the responsibility of the winner.

All expenses other than those specifically referred to above including, but not limited to, all meals, beverages, parking, gratuities, ground transportation, travel and health insurance, fuel, taxes, communication charges and all other items of a personal nature are the responsibility of the winner.

The Sponsor strongly recommends that the winner and any companion obtain any personal, medical, health, hospital and trip cancellation insurance as desired prior to departure. The Sponsor will not be responsible for the cost of the same.
The Prize must be accepted as awarded. The Prize is not convertible to cash and has no cash value. No transfer or substitution of any part of the Prize is permitted by the winner. The Sponsor reserves the right to substitute any part of the Prize with a prize of equal or greater value for any reason.

5. Prize Winner: The Sponsor will randomly select one (1) entry in Calgary, Alberta, on February 17th, 2010 from among all eligible entries received by 11:59:59 pm MST on February 16th, 2010. Chances of winning depend on the number of eligible entries received.

The participant identified on the selected entry will be contacted by phone and/or email at the phone number and/or email address set out on the entry. Only three attempts will be made, each on a different day. If direct contact is not made with the selected participant for any reason within forty-eight (48) hours of the last attempt, or the selected participant is unwilling or unable to comply with these rules, they will thereby forfeit the Prize and another participant's entry will be selected.

The selected participant must correctly answer, unaided, a mathematical skill-testing question asked over the telephone at a time mutually convenient to the selected participant and the Sponsor.

The selected participant will be may required to complete, sign and return a 'Declaration of Eligibility' form, in which they confirm their eligibility and a 'Waiver and Assumption of Risks' form in which they assume all risks associated with acceptance and use of the Prize. These forms must be returned, properly executed, within fourteen (14) days of notification or the participant will thereby forfeit the Prize.

Upon receipt of the properly executed forms and the Sponsor's verification that the selected participant is in compliance with all the rules set out herein, the selected participant will be declared the winner, otherwise the participant will not be entitled to the Prize.

6. Companions: If the Prize enables the winner to select one or more companions to accompany them in respect of the Prize, the companion(s) must complete, sign, and return a Waiver and Assumption of Risks form at least 60 days prior to any utilization of the Prize. If those forms are not properly signed or not received by the Sponsor by that time no companion may accompany the winner. As well, any companion that has not reached the age of majority in the province or state in which they reside must have the Waiver and Assumption of Risks signed by their parent or guardian.

7. Assumption of Risk: The winner and their companion(s) understand that travel, whether in civilized or remote areas and whether by aircraft, motor vehicle, water craft, horse, foot or other conveyance, whether on land, water or air and that travel related activities such as skiing, snowboarding, telemark skiing and cross-country skiing present inherent risks of property damage, personal injury and death, and which may arise as a result of accident, illness, negligence, forces of nature, wild animals or otherwise, and which may or may not be known and which may or may not be foreseeable and which may arise before, during and following the trip. The winner and their companion(s) must also follow the Alpine Responsibility Code while using the skiing facilities at Fernie Alpine Resort, failure to comply may result in the revocation of lift tickets with no compensation. The winner and any companion agree to assume all such risks of property damage, personal injury and death. For information on the Alpine Responsibility Code, please visit www.skircr.com.

8. Liability Limitation: The winner agrees that the Sponsor shall not be liable to him or her or their heirs for property damage, injury or death, or any other loss that may arise: (i) as a result of, whether wholly or partially, any act or omission of the Sponsor, or (ii) by reason of any other event over which the Sponsor has no control. In all other circumstances, the Sponsor's total maximum liability to any participant shall be equal to the amount which is equal to the value of the Prize divided by the total number of eligible entries received.

9. Indemnity: The winner hereby agrees to indemnify and hold harmless the Sponsor and its directors, officers and employees from any and all claims, demands and liability for any injury, loss or damage of any kind to any person or persons, including death and property damage, resulting in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of the Prize or any part of the Prize, participation in the Contest or participation in any Prize-related activity.

10. Disclaimer of Warranty: The Sponsor makes no warranty, guarantee or representation of any kind concerning the Prize and disclaims any implied warranty.

11. Doctor's Assessment: Given the nature of the Prize, in order to participate the winner and any companion must be of suitable health. The Sponsor reserves the right to require a letter from the individual's physician stating that their participation will not pose any material risk to the individual's health.

12. Contest Irregularities: The Sponsor is not responsible for printing or typographical errors in any Contest-related materials. The Sponsor is not responsible for any lost, late, delayed, illegible, incomplete or misdirected entries. The Sponsor assumes no responsibility or liability for failure of the Internet or the Contest website during the contest period or for any other problem or technical malfunction in the operation of the Contest. If in the opinion of the Sponsor the administration or integrity of the Contest has been compromised the Sponsor reserves the right to modify, suspend or cancel the Contest, including without limitation, terminating the Contest and awarding the Prize by random drawing from all non-suspect entries received as of the termination date. If the Contest is canceled, modified, suspended or terminated notice will be posted on the Contest website.

13. Publicity: Except where prohibited by law or regulation, including the privacy protection requirements of the Freedom of Information and Protection of Privacy Act (Alberta),by submitting an entry and accepting the Prize the winner grants the Sponsor (and its nominees) a perpetual, worldwide, royalty-free license to use his/her name, photograph, voice, likeness and the whole or any part of any statement or statements he/she has made or makes concerning the Contest or the Prize, for the Sponsor (and its nominees) to use in connection with any publicity, promotion or advertising of any nature, whether or not related to the Prize or Contest and the winner hereby consents to such use without further notice, consent, approval or compensation. The winner agrees to make themselves reasonably available for an opportunity to have photographs taken of them. The winner also agrees that the Sponsor may publish their name, city and province/state of residence as being the winner of the Contest.

14. Taxes: The winner is responsible for reporting any taxable benefits in connection with the Contest to all applicable governmental authorities. Any taxes relating to the acceptance or use of the Prize are the sole responsibility of the winner.

15. Privacy: Unless you provide notice otherwise, the Sponsor may use your name, address and email address to send you information by regular mail or email about products, services and upcoming promotions that the Sponsor thinks may be of interest to you. If you do not wish to receive such information, send a letter to: Resorts of the Canadian Rockies Inc., 1505 17th Avenue SW, Calgary, Alberta, Canada T2T 0E2, providing your name and address and indicating that you do not wish to receive such information. Further, some personal information may be required to be disclosed pursuant to the Freedom of Information and Protection of Privacy Act (Alberta). For further information about the Sponsor's privacy practices and obligations, please review the privacy policy at www.skircr.com.

16. Changes to the Contest: The Sponsor reserves the right to change the terms of this Contest, suspend or cancel it, at any time, for any reason, without liability on the part of the Sponsor, and without prior notice.

17. Entries: All entries become the property of Resorts of the Canadian Rockies Inc. and receipt of any entry will not be acknowledged and no entry will be returned.

18. Governing Law: A prospective participant may not participate in the Contest where it is prohibited. The interpretation of these Official Rules and all matters relating to the rights and obligations as between any participant and the Sponsor in connection with the Contest shall be governed by, construed and interpreted in accordance with the laws of Alberta, without giving effect to any choice of law or conflict of laws rules or provisions. Each of the Sponsor and all participants hereby agree to attorn to the jurisdiction of the courts of Alberta, sitting in the City of Calgary (and all courts of appeal therefrom), in respect of the determination of any matter, issue or dispute arising in relation to these Official Rules, the Contest or the acceptance or use of the Prize and agree that any such determination shall be sought solely and exclusively before such courts.

19. Language Discrepancy: In the event there is a discrepancy or inconsistency between the English language version of these Official Rules and any other language version, the English version shall prevail, govern and control.

20. Discrepancy with Other Material: In the event there is a discrepancy or inconsistency between the terms and conditions of these Official Rules and any other material relating to the Contest, these Official Rules shall prevail, govern and control. In the case of a discrepancy or inconsistency between these Official Rules and the Waiver and Assumption of Risks both will apply to the extent possible.

21. Sponsor: Resorts of the Canadian Rockies Inc., 1505 17th Avenue SW Calgary, Alberta, Canada T2T 0E2.

22. Third Party Trademarks: The names of any individual, group, company, product or service mentioned herein or on the Contest website, and any corresponding likeness, logo or image thereof, have been used for identification purposes only and may be the copyrighted properties and trademark of their respective owners. The mention of any individual, group or sponsor, or the inclusion of a product or service as a Prize or on the Contest Website, does not imply any association with or endorsement of such individual, group or sponsor or the manufacturer or distributor of such product or service or the product or service itself and, except as otherwise indicated, no association or endorsement is intended or should be inferred and the Sponsor makes no representation or warranty about them and specifically disclaims any which may otherwise arise under law.

23. Decisions: The decisions of the Sponsor are final and will be binding on all participants with respect to all aspects of this Contest, including but not limited to, eligibility of participants, compliance with these rules and the correctness of the answer to the skill-testing question.

24. Contest Documentation:
OFFICIAL RULES: For a copy of the Official Rules, the Declaration of Eligibility form and the Waiver and Assumption of Risks, mail a self-addressed, stamped envelope by first class mail to Official Rules, Fernie Winter Escape, Resorts of the Canadian Rockies Inc., 1505 17th Aveune SW, Calgary, Alberta, Canada T2T 0E2 and include a written request for the same.
WINNER'S LIST: A winner's list is available only within sixty (60) days after the close of the Contest. Send a self-addressed, stamped envelope by first class mail to Fernie Winter Escape, Resorts of the Canadian Rockies Inc., 1505 17th Avenue SW, Calgary, Alberta, Canada T2T 0E2 and include a written request for the name of contest winner.

25. Copyright: The Contest and all related material are Copyright © 2010. Participants are hereby authoized to copy these official rules on the condition that it will be for their personal use only and not for any commercial purpose whatsoever.