Province
THE VIRGIN MOBILE “SMARTPHONE ACTIVATION” CONTEST (THE “CONTEST”) IS OPEN TO CANADIAN RESIDENTS ONLY AND IS GOVERNED BY CANADIAN LAW. VOID IN WHOLE OR IN PART WHERE PROHIBITED BY LAW. ENTRY IN THIS CONTEST CONSTITUTES ACCEPTANCE OF THESE CONTEST RULES (THE “CONTEST RULES”).
1) Contest Period: The Contest period runs from February 1, 2012 at 12:01 am EST to February 23, 2012 at 11:59 pm EST (the “Contest Period”), after which time the Contest will be closed and no further entries shall be accepted.
2) Eligibility: The Contest is open to Canadian residents who have reached eighteen (18) years of age or older on or before the start of the Contest Period, and who (a) purchase either an Android handset, a BlackBerry handset, or an iPhone handset (each, a “Smartphone”), either on SuperTab, a three (3) year term or a thirty (30) day term; (ii) transfer their existing Smartphone from another service provider and sign up on SuperTab, a three (3) year term or a thirty (30) day term; or (iii) is an existing VMC customer with account(s) in good standing and upgrades to a Smartphone, either on SuperTab, a three (3) year term or a thirty (30) day term; and (b) activates such Smartphone on the Virgin Mobile Canada (“VMC”) network (at either Future Shop, The Source or a VMC branded retail kiosk/store) during the Contest Period (except in the case of mail-in entrants, where no purchase is necessary). Employees, officers, directors and agents of VMC or Future Shop, a division of Best Buy Canada Ltd., a wholly-owned subsidiary of Best Buy Co., Inc. (“Future Shop”) and/or any of their advertising, media buying and promotional agencies, prize providers, assigns, parents, affiliated and subsidiary entities and the immediate family (spouse, parent, sibling, child) or members of their same households (whether related or not) of any of the above are not eligible to participate in the Contest. VMC shall have the right at any time to require proof of identity, date of birth and/or eligibility to participate in the Contest. Failure to provide such proof may result in disqualification. All personal or other information requested by and provided to VMC for the purposes of the Contest must be truthful, complete, accurate and in no way misleading. VMC reserves the right, in its sole discretion, to disqualify any entrant should such an entrant provide untruthful, incomplete, inaccurate or misleading personal details and/or information.
3) To enter the Contest: There is no purchase necessary to enter the Contest. Individuals may enter during the Contest Period using the methods outlined below. No entries will be accepted by any other means.
a) In store Entry: Upon visiting any of Future Shop, The Source or a VMC branded retail kiosk/store and (i) purchasing a Smartphone, either on SuperTab, a three (3) year term or a thirty (30) day term; (ii) transferring their existing Smartphone from another service provider and signing up either on SuperTab, a three (3) year term or a thirty (30) day term; or (iii) as an existing VMC customer, upgrading to a Smartphone, either on SuperTab, a three (3) year term or a thirty (30) day term and activating such Smartphone on the VMC network during the Contest Period eligible entrants will be automatically entered into the Contest.
Each selected entrant may be required to provide VMC with proof that such individual fulfills the eligibility requirements, including that such individual is the authorized account holder associated with the winning entry. For the purpose of these Contest Rules, “authorized account holder” of a mobile phone number is defined as the person who is assigned to a mobile phone account by VMC. In the event of a dispute as to who either (i) purchased and activated; (ii) transferred and activated; or (iii) upgraded and activated the Smartphone during the Contest Period, the purchase/activation, transfer/activation or upgrade/activation and therefore Contest entry, shall be deemed made by the authorized account holder of the VMC phone number associated with the phone. Any other disputes as to the qualifying entrant will be decided by VMC in its sole discretion. VMC will not be responsible for and entrant assumes all liability for any charges relating to the transfer or porting of a telephone number, any charges relating to upgrading to a Smartphone, and/or any charges relating to the cancellation of a phone and/or services provided by another service provider.
(b) Mail-in Entry: To enter by mail for a chance to win, eligible entrants must send a mail-in entry (which must be received at VMC’s office, at the address set out below, by 11:59 pm on February 23, 2012) including an original one hundred (100) word essay, written by the entrant describing why they love Disney movies, along with entrant’s name, age, email address, mobile phone number and confirmation of agreement to these Contest Rules to Virgin Mobile Canada’s Smartphone Activation Contest, 720 King Street West, Suite 905, Toronto, Ontario M5V 2T3. Each mail-in entry must be received in a separate envelope with sufficient postage. All mail-in entries become the sole property of VMC and none will be returned for any reason.
Regardless of method of entry, entrants who are selected as winners will have to (i) provide VMC with proof of eligibility requirements as requested; (ii) correctly answer, unaided, a time-limited mathematical, skill-testing question; and (iii) complete and return the Contest release (“Release”) (as described in greater detail in Section 6 below).
Each eligible entry received by VMC during the Contest Period will receive one (1) entry towards the Contest draw. Limit of one (1) entry per entrant throughout the Contest Period. If more than the maximum number of entries is received from any entrant, the entries in excess of the maximum will be discarded. Each selected entrant may be required to provide VMC with proof that such individual fulfills the eligibility requirements. Any disputes as to the qualifying entrant will be decided by VMC in its sole discretion.
Entries will be declared invalid if they are late, illegible, incomplete, damaged, irregular, mutilated, forged, garbled or mechanically or electronically reproduced. No communication or correspondence will be exchanged with entrants except with the individual(s) selected as winner(s) of the Contest prize(s).
4) Contest Prizes: There are two (2) prizes (each, a “Prize”) available to be won, each Prize consisting of a private screening of John Carter (the “Private Screening”) for the winner (“Winner”) and fifty (50) guests (each, a “Guest”), at a movie theatre, to be determined by VMC in its sole discretion, in the Winner’s municipality of residence (or nearest available movie theatre), at a date and time also to be determined by VMC in its sole discretion. One (1) Winner will be chosen from amongst eligible entrants who enter the Contest at Future Shop, and one (1) Winner will be chosen from amongst eligible entrants who enter the Contest at The Source or a VMC branded retail kiosk/store and any eligible mail-in entries received. At approximately 12:00 pm EST on February 24, 2012, for each Prize, one (1) entry among all eligible entries received during the Contest Period will be drawn randomly at VMC’s office in Toronto, Ontario.
All Guests must be eighteen (18) years of age or older on or before the start of the Contest Period and provide identification evidencing his/her age upon request. The approximate retail value of each Prize is one thousand and five hundred dollars ($1,500.00CDN).
The odds of being selected in the Future Shop Contest draw depend on the total number of eligible entries received at Future Shop during the Contest Period. The odds of being selected in the Contest draw for The Source, VMC retail branded kiosks/stores and any eligible mail-in entries received depend upon the number of eligible entries received at The Source, VMC branded retail kiosks/stores and any eligible mail in entries received during the Contest Period. The selected entrant whose entry is drawn will be notified via email or telephone within twenty-four (24) hours of the draw and must provide his/her full name, mailing address, and date of birth, along with any proof of eligibility as VMC may require to a VMC representative, and correctly answer, unaided, a time-limited mathematical skill-testing question (which may be administered by phone) within forty-eight (48) hours of being notified to be declared the Winner, and successfully claim the Prize, or the Prize will be deemed forfeited and, at VMC’s discretion, awarded to an alternate Winner. VMC is not responsible for the failure of a selected entrant to receive notification or VMC to receive a selected entrant’s response. If the selected entrant cannot be contacted and/or the Prize is forfeited, VMC may continue to draw random entries until another Winner is declared. If VMC elects to offer the Prize to an alternate Winner, the selection and notification of the alternate Winner will be made pursuant to the terms hereof, provided that the drawing for any alternate Winner will be made at a time later than the original drawing.
Provided that the Winner has executed and delivered the Release described in Section 6 below and any applicable tax forms, and that the Winner and Guests meet the eligibility requirements of this Contest, the Prize will be distributed within two (2) weeks after the Winner has been successfully contacted and fulfilled the requirements set out herein. The Prize may not be exchanged for cash, is non-transferable, non-refundable, non-saleable, and must be accepted as awarded, without substitutions. The Winner is not entitled to the dollar value of the Prize in lieu of the Prize itself, nor is the Winner entitled to the monetary difference between the actual Prize value and the stated approximate Prize value, if any. The Prize is awarded “as is” with no warranty or guarantee, either express or implied, by VMC. In the event the Prize, or any portion thereof, cannot be awarded as described in these Contest Rules, VMC has the right, but not the obligation, to substitute a prize of equivalent or greater retail value. All federal, provincial and municipal taxes and any other costs and expenses associated with participation in, acceptance, and/or use of the Prize that are not specified herein are the sole responsibility of the Winner. VMC will not be responsible if weather conditions or other factors beyond VMC’s reasonable control prevent the Prize or part of the Prize from being fulfilled.
The Winner and Guests must be available to attend on the date and at the time designated by VMC. Should the Winner and Guests be unable to attend on the date and at the time designated by VMC, the Prize will be forfeited and awarded to an alternate Winner. There will be no accommodation provided and the Winner and Guests will be responsible for transportation to and from the Private Screening. The Winner and Guest must follow all instructions of VMC and facility staff at the Private Screening or participation in the Prize may be forfeited, in whole or in part.
5) Operation of the Contest: All entries become the property of VMC which assumes no responsibility for (i) lost, stolen, delayed, damaged or misdirected entries; (ii) entries which fail to comply with the Contest Rules; and/or (iii) any failure of the VMC Website, the Contest Website or the Contest Entry Form before the deadline for Contest entry, or for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software or failure of any entry to be received by VMC on account of technical problems. Any attempt to deliberately undermine the legitimate operation of this Contest is a violation of the Contest Rules and criminal and civil laws, and should such an attempt be made, VMC reserves the right to seek remedies and damages to the fullest extent permitted by law, including criminal prosecution. Entrants agree to abide by the Contest Rules. Subject to the jurisdiction of the Régie des alcools, des courses et des jeux (the “Régie”) in connection with Quebec, VMC reserves the right, in its sole discretion, to terminate the Contest or any related activities, in whole or in part, and/or modify, amend or suspend the Contest or any related activities, the Contest Rules and/or the Contest Entry Form in any way, at any time, for any reason without prior notice. Any changes will be posted on the Contest Website.
6) Releases: The Winner will be required to execute and deliver to VMC a legal release that confirms, among other things, as applicable: (i) the Winner’s eligibility for the Contest and compliance with these Contest Rules; (ii) the Winner’s acceptance of the Prize as offered; (iii) the Winner’s release of VMC, Future Shop, their parents, related and affiliated companies and entities, subsidiaries, members, dealers, advertising agencies, franchisees, promotional agencies, prize providers and each of their respective directors, successors, sponsors, partners, licensees, officers, subsidiaries, agents, employees, artists, advisors, assignees, and all others associated with the development and execution of the Contest (collectively, the “Releasees”) from any and all liability in connection with this Contest or participation in any Contest related activities; and (iv) the Winner’s grant to VMC of the unrestricted right, in VMC’s discretion, to produce, reproduce, publish, broadcast, exhibit, distribute and otherwise use or re-use Winner’s name, photograph, likeness, voice and biography in any and all media now known or hereafter devised in connection with the Contest and the promotion and exploitation thereof. These Contest Rules are additional to and do not supersede the Release and in the event of any conflict between the Release and these Contest Rules, the Release will prevail. In the event of any dispute concerning the operation of any element of the Contest or these Contest Rules, the decision of VMC will be final.
7) Indemnification: By entering this Contest, each entrant acknowledges compliance with, and agrees to be bound by these Contest Rules and by the decisions of VMC, which are final and binding on all matters pertaining to this Contest. VMC reserves the right to disqualify any entrant who does not abide by these Contest Rules or who tampers with the entry process. Entrants save, release and hold harmless the Releasees from and against any and all manner of action, causes of action, suits, debts, covenants, contracts, claims and demands, including legal fees and expenses, whatsoever, including but not limited to, claims based on negligence, breach of contract and fundamental breach and liability for physical injury, death, or property damage which the entrants or his/her administrators, heirs, successors or assigns might have or could have, by reason of or arising out of the entrant’s participation in the Contest and/or in connection with the acceptance, use and/or misuse by the entrant of the Prize. In no event will VMC be responsible or liable for any damages or losses of any kind, including direct, indirect, incidental, consequential or punitive damages arising out of or relating to any entrant’s participation in the Contest, or any entrant’s acceptance, possession, participation in, use or misuse of the Prize or while traveling to or from any Prize-related activity.
8) Conduct: By participating in the Contest, each entrant agrees to be bound by the Contest Rules, which will be posted on the Contest Website throughout the Contest Period. The entrant agrees to be bound by any decision of VMC in connection with the Contest, which will be final and binding in all respects. VMC 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 and registration process, the operation of the Contest, the Contest Website, the Contest Entry Form or any VMC website; and/or (c) 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, THE CONTEST ENTRY FORM, THE VMC WEBSITE (VIRGINMOBILE.CA) OR ANY RELATED WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF THE CONTEST RULES AND CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, VMC RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING BUT NOT LIMITED TO CRIMINAL PROSECUTION. Winner must at all times behave appropriately when taking part in the Contest, the Prize and any media obligations and observe the Contest Rules and any other rules or regulations in force online, and/or in any other medium, or at the Private Screening or in any other locations. VMC reserves the right to remove from any of these locations, any Winner and/or Guest, as applicable, who breaks such rules and/or fails to behave appropriately and to disqualify such Winner. VMC reserves full rights to deny or halt Winner and/or Guest access to the Prize and/or participation in the Prize if Winner and/or Guest are rowdy or intoxicated as determined in VMC’s and/or Private Screening facility staff’s discretion.
9) Limitation of Liability: VMC assumes no responsibility or liability for lost, late, unintelligible, falsified, damaged, misdirected or incomplete entries, submissions, 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, submission, notification, response, reply, or release. VMC is 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. VMC assumes 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, submissions, notifications, responses, replies or any release. VMC is not responsible for any problems, failures or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, email, 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. VMC is not responsible for any injury or damage to an entrant or to any computer related to or resulting from participation in the Contest. The entrant assumes liability for injuries caused or claimed to be caused by participating in the Contest, or by the participation in, acceptance, possession, use or misuse of, or failure to receive any Prize. VMC assumes 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 VMC, 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 VMC Website, the Contest Website and/or the Contest Entry Form.
10) Personal Information: By participating in the Contest, each entrant: (i) grants to VMC the right to use personal information, including his/her name, mailing address, telephone number, voice and/or likeness (“Personal Information”) for the purpose of administering the Contest, including but not limited to contacting and announcing the Winner; (ii) grants to VMC the right to use his/her Personal Information for publicity and promotional purposes, in any and all media now known or hereafter devised, without further compensation unless prohibited by law; and (iii) acknowledges that VMC may disclose his/her Personal Information to third-party agents and service providers of VMC, including, but not limited to, its advertising and promotional agencies, in connection with any of the activities listed in (i) and (ii) above. VMC will use the entrant’s Personal Information only for identified purposes.
11) Media/Publicity relating to the Contest: The entrant grants to VMC the right to use his/her name, address, likeness, biographic or other information concerning the entrant in connection with the Contest, the selection process and/or any and all promotion in connection therewith without further notice or compensation. The entrant acknowledges and agrees that in the event the entrant becomes a Winner, s/he shall not, without the written consent of VMC, give any interview or make, give or release any statement for publication, or otherwise to be made public, by any means relating to the Contest or VMC without the prior written consent of VMC. In the event that the entrant becomes a Winner, s/he agrees to make him/herself available, without further compensation, to participate in additional publicity and promotional activities, including but not limited to, any online/internet based activity, undertaken in connection with the Contest as may be requested by VMC. The entrant acknowledges and agrees that in the event that the entrant becomes a Winner, s/he will perform such further acts and execute such further documents as VMC may require.
12) Intellectual Property and Company Information: All intellectual property, including but not limited to, trademarks, trade names, logos, designs, promotional materials, web pages, source code, drawings, illustrations, slogans and representations are owned by VMC and/or its 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. The VIRGIN trademark and family of associated marks are owned by Virgin Enterprises Limited and used under license. VMC is a division of Bell Mobility Inc.
13) Governing Law: The Contest is subject to all 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 VMC. 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 VMC in connection with the Contest will be governed by and construed in accordance with the laws of the province of Ontario and laws of Canada applicable herein, 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.
14) 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 and registration process, the Contest Website, the Contest Entry Form the VMC Website, advertising in any and all media, the terms and conditions of the Contest Rules will 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 language version will prevail, govern and control.
15) For Residents of Quebec: Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie 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.