LOTTO MAX CONTEST
THE LOTTO MAX CONTEST (THE “CONTEST”) IS INTENDED TO BE CONDUCTED IN CANADA ONLY AND SHALL BE CONSTRUED AND EVALUATED ACCORDING TO APPLICABLE CANADIAN LAW. NO PURCHASE IS NECESSARY. PARTICIPANTS MUST BE OF THE AGE OF MAJORITY IN THE PROVINCE OF BRITISH COLUMBIA AT THE TIME OF ENTRY. VOID IN WHOLE OR PART WHERE PROHIBITED BY LAW. ENTRY IN THIS CONTEST CONSTITUTES ACCEPTANCE OF THESE CONTEST RULES (THE “CONTEST RULES”).
1. ELIGIBILITY. To be eligible for this Contest, an individual must:
be a legal resident of the province of British Columbia;
be of the age of majority in his/her province or territory of residence or older at the time of entry.
be the sole owner of all right, title and interest (including copyright) in and to the Work (as defined below) submitted in connection with the Contest; and
be legally able to travel to Jamaica and the Dominican Republic and have any and all necessary documentation as may be required for presentation to Canadian and/or International customs and airport personnel.
Employees of Canwest Television Limited Partnership, and Transat Holidays Inc. (the “Sponsors”) and British Columbia Lottery Corporation (”BCLC”), their respective affiliates, subsidiaries, related companies, retailers, advertising and promotional agencies, judges of the Contest and the household members of any of the above, are not eligible to participate in the Contest.
Your participation in the Contest, including your submission of a Video to Memelabs.com shall be deemed to be your complete acceptance of the terms and conditions set out below by Memelabs.com (”Memelabs”) and the Sponsors.
Memelabs and the Sponsors alone are responsible for all elements of this contest, including developing, conducting and managing this Contest. BCLC is not involved in conducting and managing this Contest but grants the Sponsors and Memelabs a limited, non-perpetual, license to use certain BCLC intellectual property rights for the purposes of this Contest.
The Sponsors shall have the right at any time to require proof of identity and/or eligibility to participate in the Contest. Failure to provide such proof may result in disqualification. All personal and other information requested by and supplied to the Sponsors for the purpose of the Contest must be truthful, complete, accurate and in no way misleading. The Sponsors reserve the right, in their sole discretion, to disqualify any entrant should such an entrant at any stage supply untruthful, incomplete, inaccurate or misleading personal details and/or information.
2. CONTEST PERIOD. The Contest begins at 8a.m. Pacific Time (“PT”) on Saturday, September 19, 2009 and ends at 11:59 p.m. PT on Friday, October 23, 2009 (the "Contest Period") after which time the Contest will be closed and no further entries shall be accepted.
3. HOW TO ENTER.
(a) There is no purchase necessary to enter the Contest. Enter using any of the methods of entry outlined below. No entries will be accepted by any other means.
To enter online, com register with memelabs.com located at HYPERLINK "http://www.lottomaxcontest.com" www.lottomaxcontest.com (the “Contest Website”).
(b) Each entrant must complete memelabs.com registration together with an uploaded 3O - 6O second long video showcasing how they would live their dreams to the max if they won Lotto Max. The video can be shot with a camera phone, digital video camera or any other digital moving image format. No still photo entries or written submissions will be accepted (the “Work”).
(c) By participating in this Contest, entrant represents and warrants that: (i) the Work does not contain any material that is libelous, defamatory, profane or obscene; (ii) the Work is original and all right, title, and interest (including copyright) therein and thereto is owned and/or controlled by the entrant to the full extent necessary to enable the Sponsors to use the Work as contemplated by these Contest Rules; and (iii) the Work does not infringe upon the intellectual property or other statutory or common law rights of any third party.
(d) Limit of one (1) entry per person during the Contest Period. In the case of multiple entries, only the first eligible entry will be considered.
(e) All entries including the Work, become the sole property of the Sponsors and Memelabs and none will be returned for any reason. Entries must be received no later than the end of the Contest Period. Entries will be declared invalid if they are late, illegible, incomplete, damaged, irregular, mutilated, forged, garbled or mechanically or electronically reproduced. If entrant has problems uploading, they must contact us submissions@memelabs.com before the contest has ended to be eligible for a prize.
(f) Entries received online shall be deemed to be submitted by the authorized account holder of the e-mail address associated with the entry. For the purpose of the 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. Each selected entrant may be required to provide the Sponsors and Memelabss with proof that the selected entrant is the authorized account holder of the e-mail address associated with the winning entry.
4. PRIZES.
Grand Prize. There is one (1) grand prize available to be won by the Grand Prize winner consisting of: trip for eight (8) to Montego Bay, Jamaica which shall include:
(i) round-trip economy airfare for the Grand Prize Winner and his/her guests (the “Guest”) leaving together from the same gateway from Vancouver International Airport to Montego Bay, Jamaica (the “Trip”);
(ii) ground transportation for the Grand Prize Winner and Guests between the airport and hotel in Montego Bay, Jamaica;
Seven (7) nights all inclusive hotel accommodation at the Grand Palladium Lady Hamilton Resort & Spa Imperial Club 4 1/2 Star in Montego Bay, Jamaica for the Grand Prize Winner and Guests based on double occupancy;
* Terms and Conditions:
· No cash value
· Valid for Vancouver departures only
· Valid for departures until April 30, 2010
· Subject to Sun 2009-2010 Brochure terms and conditions
· Non Transferable
· Based on availability at time of reservation
· Black out dates may apply (Christmas, New Years, Reading Break, Spring Break, Easter)
· All Taxes and Personal Expenses are the responsibility of the prize winner
The Grand Prize has an approximate value of twenty thousand dollars (CDN $20,000.00).
Secondary Prize. There is one (1) secondary prize (each, a “Secondary Prize”) available to be won by the Secondary Prize winner (the “Secondary Prize Winner”), which consists of: trip for two (2) to Punta Cana, Dominican Republic which shall include:
(i) round-trip economy airfare for the Grand Prize Winner and his/her guests (the “Guest”) leaving together from the same gateway from Vancouver International Airport to Punta Cana, Dominican Republic (the “Trip”);
(ii) ground transportation for the SecondaryPrize Winner and Guests between the airport and hotel in Punta Cana, Dominican Republic;
(iii) Seven (7) nights all inclusive hotel accommodation at the Grand Palladium Bavaro Resort & Spa Imperial Club 4 1/2 star in Punta Cana, Dominican Republic for the Secondary Prize Winner and Guests based on double occupancy;
* Terms and Conditions:
· No cash value
· Valid for Vancouver departures only
· Valid for departures until April 30, 2010
· Subject to Sun 2009-2010 Brochure terms and conditions
· Non Transferable
· Based on availability at time of reservation
· Black out dates may apply (Christmas, New Years, Reading Break, Spring Break, Easter)
· All Taxes and Personal Expenses are the responsibility of the prize winner
The Secondary Prize has an approximate retail value of four thousand and five hundred dollars (CDN $4,500.00). Grand Prize and Secondary Prize are hereafter collectively referred to as “Prizes”. Grand Prize Winners and Secondary Prize are hereafter collectively referred to as “Winners”.
Winners are not entitled to monetary difference between actual Prize value and stated approximate Prize value, if any.
Winners may claim his/her Prize in Vancouver, British Columbia on October 30, 2009 OR Prizes will be distributed within ten (1O) days after each Winner has been successfully contacted and notified of his/her Prize and fulfilled the requirements set out herein.
Winners and his/her Guest must be available to travel from November 1, 2009 through April 30, 2010. Should Winners and/or Guests be unable to travel on the dates and times designated by the Sponsors, the Prize will be forfeited and awarded to an alternate winner. Winners and Guests will be responsible for transportation to and from originating airport, travel and medical insurance, travel documentation, airport improvement fees, taxes, gratuities, telephone calls, in-room charges and any other expense not explicitly included in the Prize.
Guests must comply with the Contest Rules and sign and return the Release (described below).
Prizes must be accepted as awarded and cannot be transferred, assigned, substituted or redeemed for cash, except at the sole discretion of the Sponsors. Any unused portion of a Prize will be forfeited and have no cash value. The Sponsors reserve the right, in its and their sole discretion, to substitute a prize of equal or greater value if a Prize (or any portion thereof) cannot be awarded for any reason.
The Sponsors shall not assume any liability for lost, damaged or misdirected Prizes.
5. WINNER SELECTION.
One (1) Grand Prize Winner shall be selected as follows:
The top ten videos after voting will be viewed by the judging panel. One (1) Grand Prize winner will be chosen from the top 1O about Friday October 3O, 2OO9. The odds of being selected as a potential winner are dependent upon the number of eligible entries received by the Sponsors. Before being declared a Winner, the selected entrant shall be required to comply with the Contest Rules and sign and return the Release (described below).
The judges, in their absolute discretion, shall select the Winner based upon the above criteria. The decisions of the judges shall be final and binding and may not be challenged in any way.
One (1) Secondary Prize Winner shall be selected as follows:
The Secondary Prize winner will be won by the registered entrant with the highest volume of legitimate votes submitted between 8am September 19, 2OO9 to 11:59 PM October 23, 2009 on the HYPERLINK "http://www.lottomaxcontest.com" www.lottomaxcontest.com. The odds of being selected as a potential winner are dependent upon the number of eligible voting entries received by the Sponsors.
EACH SELECTED ENTRANT WILL BE NOTIFIED BY TELEPHONE OR E-MAIL at the information provided on the entry form NO LATER THAN FRIDAY, OCTOBER 30, 2009 AND MUST RESPOND WITHIN TEN (1O) BUSINESS DAYS OF NOTIFICATION.
Upon notification, the selected entrant must respond by telephone to the contact number provided in the notification, and the selected entrant’s response must be received by the Sponsors within five (5) business days of such notification. If the selected entrant does not respond in accordance with the Contest Rules, he/she will be disqualified and will not receive a Prize and another entrant may be selected in the Sponsors’ sole discretion until such time as an entrant satisfies the terms set out herein. The Sponsors are not responsible for the failure for any reason whatsoever of a selected entrant to receive notification or for the Sponsors to receive a selected entrant’s response.
If, as a result of an error relating to the entry process, drawing or any other aspect of the Contest, there are more selected entrants than contemplated in these Contest Rules, there will be a random draw amongst all eligible Prize claimants after the Contest’s closing date to award the correct number of Prizes.
6. RELEASE. Winners and Guests will be required to execute a legal agreement and release (“Release”) that confirms Winner’s and Guest’s: (i) eligibility for the Contest and compliance with these Contest Rules; (ii) acceptance of the Prize as offered; (iii) release of each of the Sponsors and BCLC and their respective parent companies, retailers, subsidiaries, affiliates and/or related companies and each of their employees, directors, officers, suppliers, agents, sponsors, administrators, licensees, representatives, advertising, media buying and promotional agencies (collectively, the “Releasees”) from any and all liability for any loss, harm, damages, cost or expense arising out of participation in the Contest, participation in any Contest-related activity or the acceptance, use, or misuse of any Prize, 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 therefrom; (iv) grant to the Sponsors and BCLC the unrestricted right, in the Sponsors’ and BCLC’s collective or individual discretion, to produce, reproduce, publish, broadcast, communicate by telecommunication, exhibit, distribute, adapt and otherwise use or re-use the Winner’s and Guest’s name, photograph, likeness, voice and biography, in any and all media now known or hereafter devised, both inside and outside Canada, in connection with the Contest and the promotion and exploitation thereof. The executed Release must be returned within ten (1O) business days of the verification as a Winner or the selected entrant will be disqualified and the Prize forfeited; and (iv) grant to the Sponsors and BCLC the unrestricted right, in the Sponsors’ and BCLC’s collective or individual discretion, to produce, reproduce, publish, reproduce, convert, broadcast, communicate by telecommunication, exhibit, distribute, translate, adapt and otherwise use and re-use the Work and Winner’s and Guest’s name, photograph, likeness, voice and biography in any and all media now known or hereafter devised, both inside and outside Canada, in connection with the Contest and the promotion and exploitation thereof.] The executed Release must be returned within two (2) business days of the date indicated on the accompanying letter of notification or the selected entrant will be disqualified and the Prize forfeited.
7. INDEMNIFICATION BY ENTRANT. By entering the Contest, entrant releases and holds Releasees harmless from any and all liability for any injuries, loss or damage of any kind to the entrant or any other person, including 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 the Contest, any breach of the Contest Rules, or in any Prize-related activity. The entrant agrees to fully indemnify Releasees from any and all claims by third parties relating to the Contest, without limitation.
8. RIGHTS CLEARANCE. By providing the Work to the Sponsors in connection with the Contest, each entrant shall retain all right, title and interest (including copyright) in and to the Work, and shall grant to the Sponsors and Memelabs a worldwide, gratuitous, irrevocable, and exclusive licence to copy, use, modify, reproduce, display, adapt and transmit the Work for use in all media now known or hereafter devised in perpetuity beginning on the date of entry, including, but not limited to, in connection with the administration, promotion and exploitation of the Contest. The entrant hereby confirms that the Work is an original work, solely created by the entrant, and that no third party participated as an author, co-author, photographer or otherwise in the creation of the Work or any part thereof. Sponsors assume no responsibility for any claims of infringement of rights to copyright, privacy and/or personality, and all such liability shall remain with the entrant. In addition, each entrant represents to Sponsors that the Work do not infringe any copyright interest of any third party and that the Work is not defamatory or obscene and does not violate any laws relating to hate speech or otherwise. Sponsors reserve the right to exclude any Work on the basis of concerns relating to the rights of third parties, including but not limited to privacy, copyright, defamation, rights of personality, obscenity or hate speech, as determined by Sponsors in their sole discretion.
9. LIMITATION OF LIABILITY. The Sponsors and Memelabs assume no responsibility or liability for lost, late, unintelligible/illegible, falsified, damaged, misdirected or incomplete entries, notifications, responses, replies or any Release, or for any computer, online, software, telephone, hardware or technical malfunctions that may occur, including but not limited to malfunctions that may affect the transmission or non-transmission of an entry.The Sponsors and Memelabs are not responsible for any incorrect or inaccurate information, whether caused by website users or 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 Sponsors and Memelabs 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 Sponsors and Memelabs are not responsible for any problems, failures or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, e-mail, players, or browsers, on account of technical problems or traffic congestion on the Internet, at any website, or on account of any combination of the foregoing or otherwise. The Sponsors and Memelabs are not responsible for any injury or damage to entrant or to any computer related to or resulting from participating or downloading materials in this 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 any Prize. The Sponsors and Memelabss 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 Sponsors, such as infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or corruption of the administration, security, fairness, integrity or proper conduct of this Contest, the Contest Website, and/or canada.com.
1O. CONDUCT. By participating in the Contest, each entrant agrees to be bound by the Contest Rules, which will be posted at the Contest Website and made available at Global TV, 7850 Enterprise Street, Burnaby, B.C., V5A 1V7 throughout the Contest Period. Entrant further agrees to be bound by the decisions of the judges and Sponsors, which shall be final and binding in all respects. The Sponsors reserve the right, in their 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 the Contest Website, or any canada.com website; (c) violating the terms of service, conditions of use and/or general rules or guidelines of any canada.com property or service; and/or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE CONTEST WEBSITE, CANADA.COM OR ANY RELATED WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSORS RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING BUT NOT LIMITED TO CRIMINAL PROSECUTION.
11. PRIVACY / USE OF PERSONAL INFORMATION.
(a) By participating in the Contest, entrant: (i) grants to the Sponsors the right to use his/her name, mailing address, telephone number, and e-mail address (“Personal Information”) for the purpose of administering the Contest, including but not limited to contacting and announcing the Winners; e.g. for creative work, drawings, photographs: (ii) grants to the Sponsors the right to use his/her Personal Information for publicity and promotional purposes relating to the Contest, in any and all media now known or hereafter devised, without further compensation unless prohibited by law; and (iii) acknowledges that the Sponsors may disclose his/her Personal Information to third-party agents and service providers of any of the Sponsors in connection with any of the activities listed in (i) and (ii) above.
(b) The Sponsors 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 Canwest Global Communications Corp. Privacy Policy at: HYPERLINK "http://www.canwestglobal.com/privacy.asp" \o "http://www.canwestglobal.com/privacy.asp" http://www.canwestglobal.com/privacy.asp.
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 the Sponsors and/or BCLC and OLG and ILC and 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. CANWEST MEDIA is a trade-mark of Canwest Global Communications Corp., used under licence. ‘bclc’ is a trademark of BCLC used under licence. ‘Know your limit, play within it’ is a trademark of OLG used under licence. ‘LOTTO MAX’ is a trademark of ILC used under licence.
Company Materials. Memelabs owns all rights, title and interest in and to materials (i) owned by Memelabs prior to or independent of this Agreement; or (ii) created, authored, or invented by Memelabs (collectively, “Company Materials”) (exclusive of Sponsors’ and BCLC’s Content, Sponsors’ and BCLC’s Consumer Data, Sponsors’ and BCLC’s Confidential Information and Sponsors’ and BCLC’s Trade Marks). Company Materials shall include Memelabs’s underlying technology, systems, templated “front-end” games or creative treatments, processes or other “back-end” technology used in the provision of Services to Sponsor. During the term of this Agreement and subject to any limitations and/or restrictions set forth in this Agreement, Memelabs grants Sponsor and BCLC a non-exclusive, nontransferable, non-sublicenseable, royalty-free license to use Company Materials solely in connection with this Agreement. Sponsors’ and BCLC’s license of Company Materials shall also include Sponsors’ and BCLC’s right to permit its third party vendors to use the Company Materials solely in connection with their work for Sponsor. Nothing in this paragraph is intended to convey to Sponsor or BCLC any other rights, title or interest in Memelabs’s underlying technology, systems, processes or other “back-end” technology used in the provision of Services.
13. TERMINATION. Sponsors 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.
14. LAW. These are the official Contest Rules. The Contest is subject to applicable federal, provincial and municipal laws and regulations. The Contest Rules are subject to change without notice in order to comply with any applicable federal, provincial and municipal laws or the policy of any other entity having jurisdiction over the Sponsors. All issues and questions concerning the construction, validity, interpretation and enforceability of the Contest Rules or the rights and obligations as between the entrant and the Sponsors in connection with the Contest shall be governed by and construed in accordance with the laws of the province of Ontario including procedural provisions without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction’s laws.
15. LANGUAGE DISCREPANCY. In the event of any discrepancy or inconsistency between the terms and conditions of the Contest Rules and disclosures or other statements contained in any Contest-related materials, including but not limited to the Contest entry form, or point of sale, television, print or online advertising, the terms and conditions of the Contest Rules shall prevail, govern and control.
16. BCLC and Transat Holidays is not in any way associated with the programs owned or operated by Global Television, nor are the producers or distributors of such programs associated in any way with the Contest.
