By applying for this VMC Tester Team program (the “Program”), you hereby effect the following acknowledgement, confirmation and release (the “Release”):
All capitalized terms not defined below have the meanings attributed to them in the Terms and Conditions.
In applying to participate in the Program and in the event that I become a selected applicant for a position on the VMC Tester Team and receive a Mobile Phone:
(a) I hereby acknowledge and confirm that I have read, understood, will comply with and have complied with the Terms and Conditions (including, without limitation, its eligibility requirements) and this Release, and I agree to be bound by the terms and conditions contained therein and herein, respectively. I acknowledge that Virgin Mobile Canada, a division of Bell Mobility Inc. (“VMC”) has the right, in its sole discretion, to terminate the Program or any related activities, in whole or in part, and/or modify, amend or suspend the Program or any related activities and/or the Terms and Conditions in any way, at any time for any reason without prior notice or compensation. Any failure or refusal by me to abide by the Terms and Conditions and this Release shall result in (i) my breach of both the Terms and Conditions and this Release; and (ii) my immediate dismissal from the Program and disentitlement to the Mobile Phone. In the event of such breach, I shall reimburse VMC the cost of the Mobile Phone and indemnify VMC for any third party claims resulting from such breach.
(b) I hereby confirm that I am a legal resident of Canada who (i) has reached eighteen (18) years of age or older on or before the start of the Program Application Period; (ii) is a VMC Member with account(s) in good standing; (iii) has a voice and data plan that is compatible with my choice of Mobile Phone or is willing to upgrade to an appropriate voice and data plan at my own expense; and (iv) has an active Twitter account.
(c) I hereby confirm that all personal and other information provided by me to VMC for the purposes of this Program, including without limitation for the purposes of establishing my Program eligibility, is truthful, complete, accurate and in no way misleading. I acknowledge that providing VMC with untruthful, incomplete, inaccurate or misleading personal details and/or information shall result in my disqualification from the Program and disentitlement to the Mobile Phone and position on the VMC Tester Team.
(d) I hereby acknowledge and confirm that the Mobile Phone may not be exchanged for cash, is non-transferable, non-refundable, non-saleable and must be accepted as distributed. I further acknowledge and confirm that I am not entitled to the dollar value of the Mobile Phone in lieu of the Mobile Phone itself, nor am I entitled to the monetary difference between the actual Mobile Phone value and the stated approximate retail value of that Mobile Phone, if any. The Mobile Phone is distributed “as is” with no warranty or guarantee, either express or implied, by VMC. I acknowledge that VMC reserves the right, in its sole discretion, but is not obligated, to substitute a Mobile Phone if the Mobile Phone cannot be distributed as described. I shall be solely responsible for any expense not specifically described as included with the Mobile Phone, including without limitation all federal, provincial and municipal taxes and any other costs and expenses, monthly service fees, and costs for voice or data overages, long distance calls and accessories, associated with acceptance and use of the Mobile Phone. I shall not receive any additional compensation for my appearance, performance and/or participation in the Program, or for any rights granted to VMC herein. I hereby acknowledge and agree that (i) VMC will not be responsible if weather conditions or other factors beyond VMC’s reasonable control prevent the Mobile Phone from being distributed; and (ii) no compensation will be made in the event of the cancellation or delay of the Program.
(e) I hereby acknowledge and confirm the Mobile Phone is solely for activation on the VMC network and for use with VMC services. Furthermore, I acknowledge that the Mobile Phone shall not be activated on any other network and shall not be used with services provided by any other service provider. I acknowledge that in order to activate the Mobile Phone with VMC, I must qualify for VMC’s prepaid or postpaid mobile services, as applicable, including being subject to credit requirements. I acknowledge and confirm that I shall be responsible for paying service and other charges associated with my account(s) and maintaining my account(s) in good standing.
(f) I hereby confirm that VMC does not make, has not made, nor is VMC in any way responsible or liable for, any warranty, representation or guarantee, of any nature whatsoever, expressed or implied, in fact or law, related in any way to the Program and/or the Mobile Phone.
(g) I hereby grant to VMC, and its agents, the unrestricted right, in VMC’s discretion, to produce, reproduce, publish, broadcast, communicate by telecommunication, exhibit, distribute, adapt and otherwise use or re-use my name, statements (including those made on blogs, Twitter, and Facebook or other such social networking channels), biography, voice, endorsements, photograph and likeness in any and all media now known or hereinafter devised in connection with the Program and any advertising and/or publicity related thereto, without compensation.
(h) I acknowledge and agree that in the event I become a selected applicant, I 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 Program or VMC without the prior written consent of VMC. In the event that I become a selected applicant, I agree to make myself 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 Program as may be requested by VMC. I acknowledge and agree that in the event that I become a selected applicant, I will perform such further acts and execute such further documents as VMC may require, including without limitation, any Program-specific agreements and releases.
(i) I hereby acknowledge and agree that VMC shall own any and all right, title and interest (including copyright) in and to images, audio-visual productions, sound recordings and/or other materials produced, recorded, and/or created for the purpose of or used in connection with the Program and/or any advertising or promotion related thereto (collectively, the “Materials”). I hereby assign any and all copyright I may have in and to the Materials and expressly waive, to the fullest extent permitted by law, any so-called “moral rights” which may now or may hereafter be recognized by legislative enactment or otherwise at law or in equity with respect to the Materials.
(j) I hereby grant VMC the unrestricted right to use my personal information, including my name, mailing address, telephone number, email address, voice and/or likeness (“Personal Information”) for the purpose of administering the Program, including but not limited to contacting me and promoting and exploiting the Program, and the right to use my Personal Information for publicity and promotional purposes relating to the Program, in any and all media now known or hereafter devised, without further compensation unless prohibited by law. Furthermore, I acknowledge that VMC may disclose my Personal Information to third-party agents, service providers and handset providers including, but not limited to, their advertising and promotional agencies, of VMC in connection with any of the purposes listed in this Section (j) above.
(k) I hereby assume all risk of loss, injury, illness, disease, death or any other damage to person or property which may arise in connection with my participation in the Program and/or my acceptance of the Mobile Phone. Without limiting the foregoing, I hereby (on behalf of myself, my heirs, executors and administrators): (a) forever release and discharge VMC, its parent, related and affiliated companies and entities, subsidiaries, members, dealers, advertising, franchisees, promotional agencies, handset 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 Program (collectively, the “Releasees”), from and against any and all claims and demands, actions, causes of action, suits, debts, covenants, contracts, costs, liabilities, judgments, damages, obligations, losses, penalties, and expenses of any kind or nature whatsoever, (including legal fees and expenses) in any way arising directly or indirectly out of any injury, loss or damage that I or any third party may suffer as a result of, or in connection with, my application for and/or participation in the Program or any Program-related activity, and/or my acceptance, use or misuse of the Mobile Phone, including but not limited to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light; and (b) indemnify, defend and hold harmless the Releasees from and against any and all damages, loss and expenses, including legal fees and expenses, which may be suffered directly or indirectly by reason of my breach or alleged breach of any of the foregoing and/or my own negligence or willful misconduct during or in connection with my application for and/or participation in the Program and/or my acceptance of, participation in, use of or misuse of the Mobile Phone.
(l) I hereby confirm that I have not participated in and shall not participate in any unlawful act or any other deceptive or dishonest act with respect to the Program, including without limitation, tampering with the selection process and/or the operation of the Program.
(m) I acknowledge that VMC, and its successors, assigns and licensees, are entitled to assign or license any of the rights granted hereunder to any third party for any purpose whatsoever, and that in the event of any such assignment, the Terms and Conditions and this Release, shall remain binding upon me and inure to the benefit of such assignee.
(n) I hereby acknowledge that the Terms and Conditions and this Release shall apply to and be binding on me and my heirs, executors, administrators, personal representatives, successors and assigns.
This Release shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada as applicable therein, excluding the operation of any rule or principle of conflict of laws.
I acknowledge and confirm that I have read and understood this Release and the Terms and Conditions, and agree to be bound by the terms and conditions contained herein and therein.