Dose.ca 9 Contest
THE “9” CONTEST (THE “CONTEST”) IS INTENDED TO BE CONDUCTED IN CANADA ONLY AND SHALL BE CONSTRUED AND EVALUATED ACCORDING TO APPLICABLE CANADIAN LAW. THE CONTEST IS OPEN TO LEGAL RESIDENTS OF CANADA ONLY. DO NOT ENTER THIS CONTEST IF YOU ARE NOT A LEGAL RESIDENT OF CANADA. NO PURCHASE IS NECESSARY. PARTICIPANTS MUST BE OF THE AGE OF MAJORITY IN THEIR PROVINCE OR TERRITORY OF RESIDENCE OR OLDER 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:
Employees of CanWest MediaWorks Inc., CanWest MediaWorks Publications Inc., Dose.ca, Alliance Films Inc., Starz Media Canada, Co. (“Starz”), and Dell Inc. (collectively, the "Sponsors"), their respective affiliates, subsidiaries, related companies, advertising and promotional agencies, Judgest of the contest, and the household members and/or the immediate family of any of the above, are not eligible to participate in the Contest. For the purpose of the Contest Rules, “immediate family" means husband, wife, spouse, mother, father, brother, sister, son and/or daughter, whether or not they reside in the same household.
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 this 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 9:00 a.m. Eastern Daylight Time (“EDT”) on Friday August 28, 2009 and closes at 10:00 a.m. EST on Friday September 25, 2009 (the "Contest Period").
3. HOW TO ENTER.
4. PRIZES.
Prizes. There is one (1) grand prize (the “Grand Prize”) available to be won by the Grand Prize winner (the “Grand Prize Winner”) and nine (9) secondary prizes (each a “Secondary Prize” and collectively the “Secondary Prizes”) available to be won by the Secondary Prize winners (each a “Secondary Prize Winner” and collectively the “Secondary Prize Winners”) consisting of:
5. WINNER SELECTION.
One (1) Grand Prize Winner and Nine (9) Secondary Prize Winners shall be selected as follows:6. a. RELEASE. Each Prize Winner will be required to execute a legal agreement and release ("Release") that confirms the Prize Winner's: (i) eligibility for the Contest and compliance with the Contest Rules; (ii) acceptance of the Prize as offered; and (iii) release of each of the Sponsors and their respective parent companies, subsidiaries, affiliates, employees, directors, officers, suppliers, agents, sponsors and administrators (collectively, the “Releasees”) 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, 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; and (iv) grant to the Sponsors of the unrestricted right, in the Sponsors’ collective or individual discretion, to produce, reproduce, publish, broadcast, communicate by telecommunication, exhibit, distribute, adapt and otherwise use or re-use the name, photograph, likeness, voice and biography of the Prize Winner in any and all media now known or hereafter devised, in connection with the Contest and the promotion and exploitation thereof. In the case of the potential Grand Prize Winner, the Release must also confirm his/her compliance with the Rights Clearance information as set out in Section 7 below. The executed Release must be returned within ten (10) business days of the notification or the selected potential Prize Winner will be disqualified and the Prize forfeited.
b. NON-DISCLOSURE AGREEMENT. Grand Prize winner will be required to sign Starz’ standard employee Non-Disclosure Agreement prior to commencement of his/her Grand Prize internship, or he/she forfeit the Grand Prize internship.
7. RIGHTS CLEARANCE. By submitting a Character design concept to the Sponsors in connection with this Contest, each entrant agrees that his/her submitted Character shall become the permanent property of the Sponsors upon entry into the Contest, and agrees to waive all rights, control and interest to the Character, including copyright and moral rights, without payment of any kind in perpetuity. The entrant hereby confirms that the Character is an original work, solely created by the entrant, and that no third party participated as a creator, co-author or otherwise in the creation of the Character, or any part thereof. Sponsors assume no responsibility for any claims of infringement of rights to privacy and/or personality, and all such liability shall remain with the entrant. In addition, each entrant represents to Sponsors that the Character does not infringe any copyright interest of any third party and that the Character is not defamatory or obscene and does not violate any laws relating to hate speech or otherwise. Entrant agrees to indemnify, defend and save harmless the Releasees from any and all liability for any loss, harm, damages, cost or expense arising out in relation to the Character submitted and any third party claims. Sponsors reserve the right to exclude any Character on the basis of concerns relating to the rights of third parties, including but not limited to privacy, copyright, defamation, rights of personality, obscenity, hate speech, as determined by Sponsors in its and their sole discretion.
8. 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, Releasees 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 this Contest, any breach of these 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.
9. LIMITATION OF LIABILITY. The Sponsors assume no responsibility or liability for lost, late, misdirected or incomplete entries, notifications, responses, replies or any Release, or for any computer, online, 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 Sponsors 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. Sponsors 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 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. The Sponsors 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 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.
10. 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 1450 Don Mills Road, Toronto, Ontario, M3B 2X7 throughout the Contest Period. Entrant further agrees to be bound by the decisions of the 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; and (ii) 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) above.
(b) By opting-in online you consent to Canwest’s disclosure of your Personal Information to Dose.ca, Alliance Films Inc., Starz Animation Inc., and Dell Inc. so that you may be contacted to promote draws and contests similar to the Contest, promote opportunities to subscribe to newsletters or promotional clubs, and notify you about related products or services.
(c) By opting-in online you consent to Canwest’s and any of its corporate affiliate’suse of your Personal Information to contact you to promote draws and contests similar to the Contest, promote opportunities to subscribe to newsletters or promotional clubs, and notify you about related products or services.
(d) 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: 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 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. CANWEST MEDIA is a trade-mark of Canwest Global Communications Corp., used under licence.
13. TERMINATION. Subject to the jurisdiction of the Régie des alcools, des courses et des jeux in Quebec, 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. In the event of any discrepancy or inconsistency between the English language version and the French language version of the Contest Rules, the English version shall prevail, govern and control.
16. FOR RESIDENTS OF QUEBEC. Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of a prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.