TERMS & CONDITIONS
Make-A-Wish® Ireland Rope for Hope
“2019 National Fundraiser Contest”
Official Rules and Regulations
Make-A-Wish® Rope for Hope 2019 National Fundraiser Contest (herein referred to as the “Contest”) is intended to be conducted in Republic of Ireland by “Make-A-Wish Foundation® Ireland” (herein after referred to as the “Contest Sponsor”) and WestJet (herein after referred to as the “Prize Supplier”).
For the purposes of applicable data protection law, Make A Wish Foundation Ireland is the data controller.
The Contest will be conducted in the Republic of Ireland pursuant to a lottery licence granted to the Contest Sponsor by the District Court. The Contest is void in whole or in part outside of the Republic of Ireland and where prohibited or restricted by law. Participation in this Contest constitutes each entrant’s acceptance of, and agreement to be legally bound by, these Contest Rules.
1. ELIGIBILITY:
a. Eligibility: To be eligible, you must be a resident of Republic of Ireland over the age of 18 at the Contest Starting Date (as defined below). Employees, representatives and agents of the Contest Sponsor, Prize Suppliers, its affiliates, subsidiaries, related companies, and/or the immediate family of any of the above, are not eligible to participate in the Contest. For the purpose of these Contest Rules, “immediate family" means husband, wife, spouse, common law spouse, mother, father, grandmother, grandfather, brother, sister, son and/or daughter, whether or not they reside in the same household.
b. The Contest Sponsor shall have the right at any time to require proof of identity (e.g. a current passport or drivers licence or a current EU National Identity Card) and/or eligibility to participate in the Contest. Failure to provide such proof to the complete satisfaction of the Contest Sponsor within the timeframe specified by the Contest Sponsor, at its sole discretion, may result in disqualification. All personal and other information requested by and supplied to the Contest Sponsor for the purposes of this Contest must be truthful, complete, accurate and in no way misleading. The Contest Sponsor reserves the right to disqualify any Entry (as defined below) or entrant, in its sole discretion, should any entrant at any stage supply untruthful, incomplete, inaccurate or misleading personal details and/or information.
2. CONTEST PERIOD:
The Contest will open on 27th February, 2019 at 12:00 pm GMT (the “Contest Starting Date”) and ends on 25th May, 2019 at 12:00pm GMT. (the “Contest Closing Date”).
3. HOW TO ENTER THE CONTEST:
To earn an Entry ("Entry") in the Contest, you must satisfy the following two conditions:
a) You must be a registered participant in the 2019 Make-A-Wish Rope for Hope event. If you are not a registered participant you must first apply by going to https://www.makeawish.ie/get-involved/rope-for-hope-abseil (the “Website”) and follow the on-screen instructions to complete and submit the application form for Rope for Hope (“Rope for Hope”). Once you have submitted your application form, a Make-A-Wish employee will contact you in order to advise you on completing the registration process which involves setting up an online donation page (“Donation Page”) and paying the €100 registration fee. Follow instructions from the Make-A-Wish employee in order to complete your registration (the “Registration”). You will not receive any Entries for the act of completing your Registration.
b) Secondly, you must fundraise €500.00 or more on or before the Contest Closing Date. The €50 registration fee will not be counted as part of the total fundraised.
4. CALCULATION OF FUNDRAISING AMOUNT FOR THE PURPOSES OF THE CONTEST
To be eligible to count towards your total fundraising (the “Amount”) for the purposes of this Contest, all donations (the “Donation(s)”) you fundraise and/or make in relation to this Contest must be received during the Contest Period. Corporate matched funding will be counted towards your Amount where proof of the intended donation is forwarded directly to the Contest Sponsor during the Contest Period.
For any Donations received offline, you have one of the following two (2) options to ensure that they are received by the Contest Sponsor before the Contest Closing Date: 25th May, 2019
a) If you have collected offline Donations (e.g. cash and/or cheques payable directly to you), then you may choose to visit the Donation Page during the Contest Period and input the Donations directly through the Donation Page using your credit card. You must input the actual donor’s full name and complete mailing address, along with a valid email address for the donor. If the actual donor’s email address is not available, then you may input your own email address and then forward the receipt to the donor. PLEASE NOTE THAT IF YOU PROVIDE US WITH PERSONAL INFORMATION REGARDING ANY OTHER NATURAL PERSON (INCLUDING DONOR'S NAME, ADDRESS AND EMAIL ADDRESS), YOU MUST, PRIOR TO PROVIDING THEM, INFORM THE DONOR OF THE CIRCUMSTANCES INDICATED IN THIS CLAUSE.
b) Alternatively, any offline Donations that you have collected (e.g. cash and/or cheques payable directly to you or the Contest Sponsor) may be forwarded directly to Contest Sponsor for processing. In such circumstances, however, any such Donations received during the Contest Period will be counted towards your Amount.
All Donations are subject to verification by the Contest Sponsor in its sole and absolute discretion. The Contest Sponsor reserves the right, in its sole and absolute discretion, to require proof of the validity of any Donation (in a form acceptable to the Contest Sponsor – including, without limitation, government issued photo identification). Failure to provide such proof to the complete satisfaction of the Contest Sponsor within the timeframe specified by the Contest Sponsor, at its sole discretion, may result in the Donation not being counted towards your fundraising amount for the purpose of the Contest. In the event of a discrepancy regarding a Donation (including, without limitation, the validity of a Donation to be counted towards an entrant’s Amount), the Contest Sponsor will investigate the matter and its decisions in this and all other regards will be final and binding without right of appeal.
In the event of a dispute as to the identity of the person submitting an Entry, the Contest Sponsor reserves the right, in its sole and absolute discretion, to deem the entrant to be the authorized account holder of the e-mail address associated with the entry. For the purpose of these 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. An entrant may be required to provide the Contest Sponsor with proof that the entrant is the authorized account holder of a particular e-mail address.
5. THE PRIZE AND APPROXIMATE RETAIL VALUE:
There will be one (1) Grand Prize available to be won, Maximum Potential Retail Value (“MPRV”): €1,200 (the “Prize”). The Grand Prize will consist of one (1) WestJet voucher valid for one (1) round-trip flight for two (2) guests from Dublin, Ireland to any regularly scheduled and marketed and operated WestJet destination (subject to promotional space availability of eligible fare options and flight schedule)(the "Voucher").
WestJet voucher is subject to the terms and conditions set out herein and as otherwise provided by WestJet Conditions which are available at https://www.makeawish.ie/get-involved/rope-for-hope-abseil
1. The Voucher includes all base air travel fees, taxes and surcharges and is valid on any regularly scheduled WestJet marketed and operated flight. This voucher does not include optional fees such as checked baggage or cabin upgrades. ***Please book early to maximize your flight options.
2. This Voucher is limited and subject to promotional space availability of eligible fare options and flight schedule. Not all flights have promotional space. This voucher is not valid for redemption on WestJet Vacations’ packages, flights operated by Swoop, interline, code share or charter flights.
3. This Voucher is valid for one (1) roundtrip flight for two (2) guests from Dublin, Ireland to any regularly scheduled and marketed and operated WestJet destination (subject to promotional space availability of eligible fare options and flight schedule). All guests must travel together on the same itinerary, dates and flights.
4. Flights must be roundtrip from Dublin, Ireland. Flights must depart from city A to city B and return from city B to city A.
5. This voucher cannot be used on some dates, including statutory holidays and peak travel dates.
6. All bookings and travel must be completed by May 27, 2020 (or when last day of scheduled service occurs).
7. This Voucher cannot be extended. Additionally, changes to travel dates or guest names are not permitted once a booking has been confirmed.
8. The Voucher is not eligible for paid upgrades, such as Plus seating, except where the option to pay for an upgrade is available when checking in for the flight 24 hours prior to departure.
9. The Voucher becomes null and void if travel is cancelled once a booking is confirmed.
10. The individual booking the flight must be over 18 years of age.
11. The Voucher must be taken as offered and is not redeemable for cash.
12. The Voucher cannot be sold. Without limiting the foregoing, the Voucher may not be sold or traded, the Voucher must be taken as offered and cannot be substituted, redeemed or exchanged for cash, credit or alternative prizes, except in the Prize Suppliers sole discretion. In the event that it has been sold, this voucher will become void, and any flight bookings made with it will be cancelled immediately without notice or reimbursement. WestJet does not handle the payment, guarantee transactions, or buyer protection or seller certification, nor will WestJet be liable for the loss of funds resulting from a fraudulent transaction.
13. Neither WestJet nor the Contest Sponsor is responsible for lost, stolen or mishandled vouchers. Once delivered to the Prize Winner (“Winner”), they are directly responsible for it. Shipped Prizes shall not be insured.
None of the Released Parties (as defined below) are responsible for any delay, postponement, suspension, rescheduling or cancellation, for any reason, of any flight(s) and neither the Winner nor any other person or entity will be compensated in the event of such delay, cancellation or other event described herein. Other restrictions may apply.
The Voucher will be delivered to the confirmed Winner directly from the Contest Sponsor to the address/ email address provided after the potential Winner has been successfully contacted and notified of his/her Prize and has fully complied with the Contest Rules. All bookings/confirmations must be made through the Contest Sponsor’s designated representatives, or as the Contest Sponsor may otherwise direct.
6. RANDOM PRIZE DRAW AND WINNER SELECTION:
One potential Winner shall be selected as follows:
On 27th May 2019 (the “Draw Date”) in Dublin after 12:00 p.m. GMT, a data pull for all eligible Entries will be completed and one (1) potential Winner will be selected by random draw from all eligible Entries submitted and received in accordance with these Contest Rules. The odds of winning depend on the number of eligible Entries submitted and received during the Contest Period in accordance with these Rules.
Following the Draw Date, the Contest Sponsor or its representatives will make no less than three (3) attempts to contact the eligible potential Winner by phone and/or email, during the ten (10) day period (the “Contact Period”) immediately following the Draw Date. Upon notification, the eligible Winner must respond by telephone and/or email to the contact provided in the notification, and the eligible Winner’s response must be received by the Contest Sponsor by no later than 5:00 PM on the required return date stipulated in such notification.
If the eligible potential Winner does not respond in accordance with these Contest Rules, he/she may be disqualified, at the sole and absolute discretion of the Contest Sponsor, in which event he/she will not receive the Prize and another eligible entrant may be selected from the remaining eligible Entries, in the Contest Sponsor’s sole discretion, whom the Contest Sponsor or its representatives will attempt to contact, and who must respond or will be subject to disqualification, in the same manner (adjusting timeframes, including the Contact Period, accordingly). Neither the Contest Sponsor nor any of the Released Parties (as defined below) are responsible for the failure for any reason whatsoever of an eligible Winner to receive notification or for the Contest Sponsor to receive an eligible Winner’s response.
7. RELEASE
The Winner and his/her guest will be required to execute a legal agreement and release (“Release”) that confirms Winner’s names and/or guest’s before being declared the Winner:
i. Eligibility for the Contest and compliance with these Contest Rules;
ii. Acceptance of the Prize as offered;
iii. Release of Contest Sponsor, the Prize Supplier and their respective parent companies, subsidiaries, affiliates, employees, directors, officers, unit- holders, agents, sponsors and administrators (the “Released Parties”) from any and all liability for any loss, harm, damages, cost or expense arising out of participation in this Contest, participation in any Contest-related activity or the acceptance, use, or misuse of the Prize or any portion thereof, 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 there from; and
iv. Grant to the Contest Sponsor and the Prize Suppliers of the unrestricted right, in the Contest Sponsor’s individual discretion, to produce, reproduce, publish, broadcast, communicate by telecommunication, exhibit, distribute, adapt and otherwise use or re-use the Winner’s name, photograph, likeness, voice and biography, in any and all media now known or hereafter devised, in connection with the administration, promotion and exploitation of the Contest, including the right to announce and/or inform other participants of the Winner of the Contest.
The executed Release must be returned within five (5) business days of the verification as an eligible Winner or the selected potential Winner may, in the sole discretion of the Contest Sponsor, be disqualified and the Prize forfeited.
8. INDEMNIFICATION BY ENTRANT
By entering this Contest, each entrant releases and holds each of the Released Parties harmless from any and all liability for any injuries, loss or damage of any kind to the entrant, Released Party or any other person or entity, including, without limitation, personal injury, death, or property damage, resulting in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of any Prize, participation in this Contest, any breach of these Contest Rules, or in any Prize-related activity. Each entrant agrees to fully indemnify the Released Parties from any and all claims by third parties relating to the Contest, without limitation.
9. LIMITATION OF LIABILITY
a. The Released Parties assume no responsibility or liability for lost, late, misdirected or incomplete Entries, notifications, responses, replies, requests or any Release, or for any telephone, hardware, software or technical malfunctions that may occur, including but not limited to malfunctions that may affect the transmission or non-transmission of an Entry.
The Released Parties are not responsible for any incorrect or inaccurate information, whether caused 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 Released Parties 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 Released Parties are not responsible for any problems, failures or technical malfunction of any telephone network or lines on account of technical problems or otherwise.
b. The Released Parties are not responsible for any injury or damage caused to any entrant, person or entity relating to or resulting from participating or attempting to participate in the 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 the Prize or any portion thereof. The Released Parties 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 Contest Sponsor, such as infection by tampering, unauthorized intervention, fraud, technical failures, or corruption of the administration, security, fairness, integrity or proper conduct of this Contest.
c. Nothing in these Rules shall exclude or limit in any way the liability of the Contest Sponsor and/or Prize Supplier for (i) death or personal injury caused by any such parties' negligence; (ii) fraud or fraudulent misrepresentation; (iii) any other matter in respect of which it would be unlawful for the Contest Sponsor and/or Prize Supplier to exclude or restrict liability.
10. CONDUCT
By entering this Contest, each entrant agrees to be legally bound by these Contest Rules, which will be posted at https://www.makeawish.ie/get-involved/rope-for-hope-abseil
throughout the Contest Period. Each entrant further agrees to be bound by the decisions of the Contest Sponsor’s, which shall be final and binding in all respects. The Contest Sponsor reserves the right, in its 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;
c) Acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person.
CAUTION: ANY ATTEMPT TO DAMAGE ANY WEBSITE RELATED TO THE CONTEST OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IN ANY WAY MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, CONTEST SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
11. PRIVACY & USE OF PERSONAL INFORMATION
This section is intended to ensure that you are aware of what personal data Make-A-Wish Foundation® Ireland of Unit 2 Leopardstown Business Centre, Ballyogan Avenue, Leopardstown, Dublin 18, Ireland, processes in relation to you, and how Make-A-Wish Foundation® Ireland uses that data as data controller. Please read the following carefully to understand our use of your personal data. Please ensure that you provide a copy of these Contest Rules to any third parties (including donors) whose personal data you provide to us.
We collect and process some or all of the following types of personal data relating to you when you participate in the Contest: Entrants' and donors' names, mailing addresses, telephone numbers, and email addresses (the “Personal Information”);
Purpose and Legal Basis
We will hold, process and may disclose your Personal Information for the following purposes:
Purpose for Processing -
for the purpose of registration for, participation in and administering the Contest, including, but not limited to, contacting the Winner and arranging and processing a flight booking for the Winner.
Publicity and promotional purposes relating to the Contest to announce and/or inform the other participants of the Winner of the Contest and (unless you have opted out of receiving such information) to provide you with new event updates.
Legal Basis for Processing -
Legitimate interests: This use of your Personal Information is necessary for our legitimate business interest in managing our business, including the Contest and our administrative and promotional purposes relating to the Contest and your participation in it. Please note that you have a right to object to processing of your Personal Information where that processing is carried on for our legitimate interest.
Legitimate interests: This use of your Personal Information is necessary for our legitimate business interest in managing our business, including administration and promotion relating to and announcing the Winner of the Contest and future events. Please note that you have a right to object to processing of your Personal Information where that processing is carried on for our legitimate interest, including for marketing purposes.
Recipients of Your Personal Data
It may be necessary from time to time for us to disclose your Personal Information to third parties or agents, including without limitation to the Prize Supplier and their affiliates, in order to administer the Contest, including contacting an eligible Winner, for processing a flight booking for an eligible Winner and for promotional purposes relating to the Contest.
We use a proprietary customer relationship management (CRM) system, namely Salesforce, to administer, store and manage our database of records. We enter and update the relevant information on this CRM system and Salesforce manages our account and maintains the system. We have entered into an agreement with Salesforce for these purposes and to ensure the privacy and integrity of such data and any information supplied.
We will inform you in advance if we intend to further process or disclose your Personal Information for a purpose other than the purposes set out in these Contest Rules. We take all reasonable steps, as required by law, to ensure the safety, privacy and integrity of such data and information and, where appropriate and necessary, enter into contracts with such third parties to protect the privacy and integrity of such data and any information supplied.
Transfer of Personal Data outside the EEA
While the Personal Information we collect from you in stored on servers based within the European Economic Area (“EEA”), it may be necessary to transfer and store your Personal Information at a destination outside the EEA for the purpose of performing the Contest Rules between the Contest Sponsor and the Winner. In particular, the Contest Sponsor may transfer Personal Information of the Winner to Prize Supplier in order to process a flight
booking for the Winner, which may involve a transfer of the Personal Information to a country outside of the EEA, which may not afford you an adequate level of protection in relation to the processing of your Personal Information as that provided in the EEA. To the limited extent that it is necessary to transfer your Personal Information outside of the EEA, we will ensure appropriate safeguards are in place to protect the privacy and integrity of such Personal Information.
Data Retention
An entrant's data (including his or her Personal Information) will be stored for the duration of the Contest and retained to the extent necessary to enable us to comply with any legal obligations. Unless otherwise agreed by the Winner and/or under the Release or an entrant wishes to continue to receive information or updates from us about new events, the entrant’s data (including his or her Personal Information) will be stored [up until the expiry of the Contact Period][for a period of [ 1 year ] after the Contact Period ).
Your Data Rights
You have several rights in relation to your Personal Information. You have a right to:
• access a copy of your Personal Information held by Make a Wish Foundation;
• request rectification of your Personal Information if it is inaccurate or incomplete;
• request erasure of your Personal Information in certain circumstances;
• restrict our use of your Personal Information in certain circumstances;
• move (or port) Personal Information which you have given us to process on the basis of your consent or for automated processing;
• object to the processing of your Personal Information where our legal basis for processing your Personal Information is for our legitimate interests (this includes the right to object to the processing of your Personal Information for our future marketing purposes); and
• not to be subject to a decision based on automated processing, including profiling which has legal or similar significant effects.
If you wish to exercise any of your rights in this regard please contact the Make-A-Wish CEO Susan O’Dwyer at info@makeawish.ie We will respond to your request in writing, or orally if requested, as soon as practicable and in any event not more than one month after receipt of your request. We may request proof of identification to verify your request.
Complaints
You have the right to lodge a complaint with a supervisory authority, in particular in your member state of habitual residence, place of work or place of any alleged infringement if you consider that the processing of your Personal Information infringes the EU General Data Protection Regulation.
The Contest Sponsor and any third party agents of the Contest Sponsor 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 Make-A-Wish Foundation Privacy Policy available at: www.makeawish.ie . This section does not limit any other consent(s) that an individual may provide the Contest Sponsor or others in relation to the collection, use and/or disclosure of their personal information.
12. 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 Sponsors/Suppliers 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. Make-A-Wish® Rope for Hope is a trademark of Make-A-Wish Foundation® of Canada.
13. TERMINATION AND AMENDMENTS
The Contest Sponsor reserves the right to cancel or amend the Promotion or these Contest Rules, at any stage, but will always endeavour to minimize the effect to participants in order to avoid undue disappointment.
The Contest Sponsor reserves the right, to adjust any of the dates, timeframes and/or other Contest mechanics stipulated in these Contest Rules, to the extent deemed necessary by the Contest Sponsor , for purposes of verifying compliance by any entrant or Entry with
these Contest Rules, or as a result of any technical or other problems, or in light of any other circumstances which, in the opinion of the Contest Sponsor, in its sole and absolute discretion, affect the proper administration of the Contest as contemplated in these Contest Rules, or for any other reason.
14. APPLICABLE LAW
These Contest Rules shall be governed by Irish law. These Contest Rules are subject to change without notice in order to comply with any applicable laws or the policy of any other entity having jurisdiction over the Contest Sponsor. The Irish Courts have exclusive jurisdiction to determine any disputes which may arise out of, under, or in connection with these Contest Rules.
