OFFICIAL RULES Sponsor: Canadian Pacific, 7550 Ogden Dale Rd. S.E., Calgary, AB, Canada, T2C 4X9 Administrator: Wishpond Contest: Canadian Pacific (“CP”) is continuing our tradition of operating our Holiday Trains through numerous communities across Canada and the United States, putting on performances, spreading cheer and providing a venue for local food banks to collect donations. In an effort to raise community awareness, support and the holiday spirit, CP is sponsoring this Capture the Spirit photo contest (“Contest”). Agreement to Official Rules: Participation in this Contest constitutes Participant’s full and unconditional agreement to these Official Rules and CP’s and Administrator’s decisions, which are final and binding in all matters related to this Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein. By uploading your photo (herein referred to as “Submission”), you agree that your Submission conforms to the Photo Guidelines and Contest Restrictions as defined below (collectively, the “Guidelines and Restrictions”) and that CP, in its sole discretion, may remove your Submission and disqualify you from the Contest if it believes that your Submission fails to conform to the Guidelines and Restrictions, or for any other reasons so reserved. How to enter: • Beginning on November 26, 2013 and ending on December 27, 2013, any Canadian and U.S. resident (excluding Quebec) that has visited or is visiting a Holiday Train event is invited to submit up to three (3) photos of the Holiday Train event (the “Participant”). Each photo Submission represents one (1) entry into the contest. • Participants can submit their photos of the local Holiday Train event by: o Visiting our CP Holiday Train Facebook page to upload your photo - Follow the links and instructions to complete and submit the registration form by providing a description of the photo and Participant email address. - Follow the directions to upload up to three (3) photos during the Capture the Spirit Photo Contest that displays your experience with the CP Holiday Train. - By entering this Contest, Participants agree to have their name used publicly for the purposes of promoting the contest and announcement as a winner of the Contest. • No purchase or payment of any kind is necessary to enter or win. Photo criteria: • Showcase the fun and spirit of the Holiday Train and charitable giving. o Photos must include at least one of the below components: - The Holiday Train - Food banks/shelfs - Holiday Train entertainers • Limit: You may only enter up to three (3) photo Submissions during the contest period. • Participants may NOT submit any photo that (i) contains offensive, pornographic, obscene, libelous, defamatory, threatening, abusive, criminal, or adult themes, links, or images; (ii) violate or encourages any to violate any law or regulations; or (iii) contain advertising or commercial messages. • Photos can be from any CP Holiday Train season. • The Submission must be less than 2 MB and in .jpg, .png, or .gif format . • The Submission cannot have been submitted previously in a contest or promotion of any kind. • The Submission must be the sole and original work of the Participant and the Participant represents and warrants that the Participant has full right, title, and interest to the Submission. The Submission must not infringe upon the rights of any third party including but not limited to copyright, trademark, privacy and personality rights. By making a Submission, you waive any moral rights you may have in such Submission. • Submissions not meeting these criteria shall be disqualified. Additionally, CP reserves the right to disqualify Submissions for other any reason. Contest Prizes: • There will be 4 winners selected from the Participants (“Winner”). Each of the 4 Winners will be awarded a CP prize pack that consists of the following: o A ride on the leg of your choice on the 2014 CP Holiday Train for a family of four, subject to restrictions. o $500 to be issued on winners’ behalf to the local food bank/shelf where the winner resides. (the “Prize”) • Winners are solely responsible for all other fees, taxes, expenses and costs, including but not limited to transportation to and from the Holiday Train ride. A leg aboard the Holiday Train represents a ride in one direction from one stop to the next stop. Note that the CP Holiday Train schedule of stops is subject to change each year. • 4 winners will receive a ticket in the mail as proof of their prize for a 2014 Holiday Train ride for a family of four. Winners are to contact CP at communications_and_public_affairs@cpr.ca in October 2014 to select and gain tickets to the desired leg of travel. • CP reserves the right to select fewer than 4 potential Winners, if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Submissions. • Prizes must be accepted as awarded. Prizes are non-transferable and non-redeemable for cash. Prizes may not be exactly as shown in promotional materials. In case of unavailability of any Prize or for any other reason and in CP’s sole discretion, CP reserve the right to substitute a Prize of equal or greater value. • All Winners will need to correctly answer a mathematical skill-testing question. Determining Winners: • Although a Participant may enter up to 3 Submissions, there will only be 1 Prize awarded to each individual Winner. The 4 Winners will be selected as follows: o 2 of the Winners will be selected by popular vote from the CP Holiday Train’s Facebook fans. o 2 of the Winners will be selected by random draw. • Participants may share their photo Submission via a special photo link to their newsfeed as often as they like. Submissions may be voted on by the same person a maximum of one time per 24 hours. • Voting closes December 27, 2013 at 12:00 noon MST. • In the event that no winning Submissions are received with no photos fitting the Contest criteria, no prizes will be awarded. Contacting Winners: • Winners will be contacted by email as provided by the Participant within ten (10) days of the Contest closing. If the winner is unable to be contacted after three (3) attempts by January 4, 2014, at the sole discretion of CP, he or she will forfeit the Prize and another Winner will be randomly selected as set out herein. • By entering this Contest, Winners agree that their names and winning Submission can be announced on Facebook and www.cpr.ca after they have been notified of their winning entry. • The Winner must contact CP by October 31, 2014 to book which leg of the Holiday Train they would like to ride on. Winners are solely accountable for contacting CP to book their chosen leg on the Holiday Train. Should the Winner not contact CP by October 31, 2014, the Prize will be forfeited. Eligibility: • Contest opens 12:00 pm MST on November 26, 2013 and closes 12:00 noon MST on December 27, 2013. • The Contest is open to Canadian and U.S. residents only (excluding Quebec). • Participants must be of legal age in the jurisdiction in which they reside. • Participants are eligible to enter up to 3 photo Submissions. Only Submissions that adhere to the Guidelines and Restrictions as laid out herein are eligible for this Contest. Participants may be required to provide evidence of their eligibility to enter this Contest win a Prize and failure to do so may result in disqualification from this Contest. General Rules: 1. Odds of winning the prize depend on the number of eligible Submissions received. 2. By participating in this Contest, all Participants declare that they have read, understood and complied with the Contest rules and will be legally bound by all terms and conditions of these rules and agree to abide by all decisions of CP. 3. By participating in this Contest, all Participants release CP, its affiliates, and their employees, directors, officers, representatives and agents from all liability for any damage that may result from entering or attempting to enter the Contest. Participants agree to release and hold harmless CP, its affiliates and their employees, directors, officers, representatives and agents from any liability, loss or damage occurred with respect to the awarding, receipt, possession and/or use or misuse of the Prize and acknowledge that CP and its affiliates, and their employees, directors, officers, representatives and agents have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, including but not limited to the quality, condition or fitness for a particular purpose of the Prize. 4. By participating and submitting a Submission, the Participant hereby grants permission for the entry to be posted on www.facebook.com/holidaytrain, www.cpr.ca or other websites. Participants agree that Submissions can be used in whole or in part by CP in any media whatsoever, including but not limited to marketing, advertising, promotional activities or materials, or on websites, with no fee, renumeration, credit, or any compensation whatsoever. Participant agrees that CP is not responsible for any unauthorized use of Submissions by third parties. Submissions will not be returned and will become the property of CP. 5. CP is not responsible for errors in the offer or administration of this Contest, including but not limited to, errors in the advertising, the Contest rules, the selection, notification and announcement of the Winners or the distribution of the Prizes. 6. CP is not responsible for lost, late, illegible, incomplete, mutilated or misdirected Contest Submissions. 7. The Contest will be interpreted according to Canadian law and is subject to all applicable Canadian federal, provincial/territorial, municipal and local laws and regulations.Void where prohibited. 8. Personal information collected from Participants will be used by CP for the purpose of administering this Contest. CP will not sell, share, use or otherwise disclose the personal information of Participants with third parties, other than to third parties engaged by them to fulfill the above purposes, without consent, or as permitted or required by law. By entering the Contest, Participants consent to the manner of collection, use and disclosure of their personal information for the purposes of administering the Contest, as set out in the Canadian Pacific Privacy Policy which can be viewed on the Canadian Pacific website at www.cpr.ca. Any inquiry concerning the personal information held by CP should be addressed to CP at Canadian Pacific, Communications & Public Affairs, 7550 Ogden Dale Road S.E., Calgary, AB, T2C 4X9. Personal information will not otherwise be used or disclosed without consent. 9. CP reserve the right, in their sole discretion, to terminate the Contest, in whole or in part, and/or modify, amend or suspend the Contest, and/or the Contest rules in any way, at any time, for any reason without prior notice. If you have any questions about the Contest, please contact CP at communications_and_public_affairs@cpr.ca. 10. This Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook. You acknowledge that you are providing your information to CP and not FaceBook. You agree to waive all claims whatsoever that you may have as against FaceBook and fully release Facebook from all liability, loss or damage in relation to this Contest.