1. CONTEST PERIOD
The “BlackBerry Pre-Registration” Contest (the “Contest”) is run by Virgin Mobile Canada, a division of Bell Mobility Inc., (the “Administrator” or “VMC”), and will take place in Canada from January 8, 2013 at 8:00 a.m. (ET) to January 29, 2013 at 11:59 a.m. (ET) (the “Contest Period”).
2. CONTEST GROUP
For the purposes of the Contest, the “Contest Group” is composed of the Administrator, Research In Motion Limited, together with franchisees, advertising and promotion agencies, suppliers of material and services related to the Contest, and any other corporation, partnership, sole proprietorship or other legal entity to the benefit of which this Contest is held, as well as their respective officers, directors, employees, agents, and other representatives.
The Contest is open to all individuals who:
(a) reside in Canada; and
(b) have reached the age of majority in their province of residence as of the date of entering the Contest.
Employees, agents and other representatives of the Contest Group, as well as any person with whom they reside, are not eligible to enter the Contest.
4. METHODS OF ENTRY
a) Via Facebook: All eligible entrants may enter the Contest during the Contest Period by visiting VMC’s Facebook page, clicking the Contest tab and then clicking ‘Enter Now’, which will re-route entrant to the contest page (the “Contest Website”).
b) Via Twitter: All eligible entrants may enter the Contest during the Contest Period by visiting VMC on Twitter and on the tweet promoting the Contest, clicking the link to the Contest Website.
c) Via Email Communication: All eligible entrants who receive an email communication from VMC promoting the Contest may enter the Contest during the Contest Period by clicking the link to the Contest Website contained in the email communication.
d) Via SMS: All eligible entrants who receive an SMS communication from VMC promoting the Contest may enter the Contest during the Contest Period by clicking the link to the Contest Website contained in the SMS communication.
e) Via VMC Website’s Members Lounge: All eligible entrants may enter the Contest during the Contest Period by visiting www.virginmobile.ca/members-lounge and clicking the Contest tab, which will re-route entrant to the Contest Website.
f) Via VMC Website Homepage: All eligible entrants may enter the Contest during the Contest Period by visiting www.virginmobile.ca on the homepage and clicking the link to the Contest Website.
On the Contest entry form (“Entry Form”), all online entrants must (i) review and accept these Contest Rules; and (ii) provide their name, age, email address, telephone number and mobile number (if applicable).
g) NO PURCHASE NECESSARY: Email Entry: To enter by email, eligible entrants must send an original email to email@example.com by including (i) an original fifty (50) word essay, written by the entrant, about their favourite things to do with a smartphone; and (ii) the entrant’s name, age, email address, telephone number, mobile number (if applicable), and confirmation of agreement to these Contest Rules. Many public libraries, retail businesses and others offer free access to computers and a number of Internet service providers and other companies offer free e-mail accounts.
Regardless of method of entry, each eligible entry received by VMC during the Contest Period will qualify as one (1) entry into the Contest. Limit of one (1) entry per entrant during the Contest Period. If duplicate entries are received from any entrant, the entries in excess of will be discarded.
5.1. There is a total of four (4) prizes available to be won, each consisting of one (1) brand new BlackBerry smartphone from Virgin Mobile.
Approximate value of all prizes is: $2,800.
Please note: The prize does not include service and is solely for activation on the VMC network and for use with VMC services. For greater certainty, the smartphone shall not be activated on any other network and shall not be used with services provided with any other service provider. In order to activate the smartphone with VMC, each selected applicant must qualify for VMC’s prepaid or postpaid mobile services, as applicable, including being subject to credit requirements. Upon activation of the smartphone, selected applicants shall be responsible for paying service and all other charges associated with their account(s) and maintaining their account(s) in good standing.
On January 29, 2013 at 1 p.m. (ET) in Toronto in the province of Ontario, at the offices of VMC, four (4) entries will be randomly drawn from all eligible entries received during the Contest Period.
7. ODDS OF WINNING
The odds of winning depend on the number of valid entries received during the Contest Period.
8. AWARDING OF PRIZE(S)
8.1. To be declared a winner, a selected entrant must, in addition to meeting the Contest eligibility criteria and otherwise complying with the Contest Rules, first:
(a) Be reached by telephone and/or email by the Administrator or its representatives within twenty-four (24) hours immediately following the selection of the entry, and
(b) Have correctly answered a mathematical skill-testing question, to be administered by telephone by the Administrator or its representatives at a pre-arranged, mutually convenient time.
8.2. Disqualification: If any one of the conditions mentioned in the Rules is not met, the selected entrant will be disqualified and shall not be entitled to receive any prize, and the Administrator reserves the right, in its sole and absolute discretion, to select at random another eligible entrant as a potential prize winner or to cancel the prize.
8.3. Delivery of Prize(s): Following confirmation of the winner’s eligibility, the Administrator or its representatives will send to the winner(s) a letter informing him or her of the method by which he or she may take possession of the prize(s). Please allow four (4) to six (6) weeks for delivery. Shipped prize(s) shall not be insured and the Administrator shall not assume any liability for lost, damaged or misdirected prize(s).
9. GENERAL TERMS AND CONDITIONS
9.1. Verification of Entries: The validity of any Contest Entry is subject to verification by the Administrator. Any illegible, incomplete or fraudulent entries will be disqualified. Any entrant or other individual who enters or attempts to enter the Contest in a manner that is contrary to these Contest Rules or that is otherwise disruptive to the proper operation of the Contest or by its nature is unjust to other entrants or potential entrants will be disqualified. All decisions made by the Administrator or its representatives, including without limitation those concerning the eligibility or disqualification of entrants, are final and binding without right of appeal. All entries become the property of the Administrator and none will be returned.
9.2. Acceptance of Prizes: All prizes must be accepted as described in these Contest Rules and cannot be returned, transferred to another individual, substituted for another prize or exchanged in whole or in part for money, except as set out in Rule 9.3.
9.3. Substitution of Prizes: The Administrator reserves the right, in its sole and absolute discretion, and for any reason whatsoever, to substitute for any prize, or part thereof, another prize of equivalent or greater value, including, without limitation, a cash award.
9.4. Number of Prizes/Winners: By entering the Contest, each entrant acknowledges that the Administrator shall not be required under any circumstances to award more prizes than the number of available prizes, as set out in these Contest Rules. In the event that, for any reason whatsoever (including, without limitation, as a result of an error, malfunction or defect in the design, advertising, management, implementation or administration of the Contest, whether mechanical, electronic, human or otherwise) the number of declared winners or the number of prizes claimed by entrants is greater than the number of prizes available, the Administrator reserves the right, in its sole and absolute discretion, to end the Contest in whole or in part, without notice, subject only to the prior approval of the Régie des alcools, des courses et des jeux, if required, in respect of the Province of Quebec, and to award the correct number of prizes among the correct number of winners, selected in accordance with these Contest Rules from among those eligible entries validly submitted prior to the termination of the Contest.
9.5. Other Changes to Contest Rules: Without limiting the provisions of Rule 9.4 above, the Administrator reserves the right, in its sole and absolute discretion, to modify, cancel, terminate or suspend the Contest, in whole or in part, in the event of any cause or circumstance, including, without limitation, any virus, computer bug or unauthorized human intervention or any other cause that is beyond the control of the Administrator, that could corrupt or affect the administration, security, impartiality or normal course of the Contest, subject to, in respect of the Province of Quebec, the approval of the Régie des alcools, des courses et des jeux du Québec.
9.6. Release and Exclusion of Liability by the Entrants: By entering or attempting to enter the Contest, each entrant and/or purported entrant agrees to release, discharge, and forever hold harmless the Contest Group and their shareholders from any and all claims, actions, damages, demands, manner of actions, causes of action, suits, debts, duties, accounts, bonds, covenants, warranties, indemnities, claims over, contracts and liabilities of whatever nature or kind arising out of, or in connection with the entrant’s participation or attempted participation in the Contest, compliance or non-compliance with these Contest Rules and acceptance and use of the prize. Any entrant selected for a prize acknowledges that upon awarding of the prize, the obligations typically borne by the provider of services or goods become that provider’s responsibility. The Contest Group and their shareholders will not be responsible for lost, incomplete, late or misdirected entries or for any failure of the Contest website, if applicable, during the Contest Period, or for any technical malfunction or other problems with, any telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software or for any technical problems or traffic congestion on the Internet or at any website, or any combination of the foregoing, and will not be liable for any resulting death, injury or damage to any person or property arising from, or relating to, that person’s or any other person’s participation or attempted participation in the Contest. Any attempt to deliberately damage any website or to undermine the legitimate operation of this Contest is a violation of criminal and civil laws and, should such an attempt be made, the Administrator reserves the right to seek remedies and damages to the fullest extent permitted by law, including criminal prosecution.
9.7. 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.
9.8. Name/Image of Winners: By entering the Contest, each winner authorizes the Administrator and its advertising and promotional agencies and their respective employees or other representatives to broadcast, publish and otherwise use his or her name, photograph, image, statements regarding the Contest or any prize, place of residence and (or) voice for publicity purposes, without any form of remuneration.
9.9. 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.
9.10. 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.
9.11. Dispute – Québec Residents: 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 resolution. Disputes about the awarding of a prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.
9.12. Personal Information: Unless the entrant has otherwise authorized the Administrator or another entity related to the Contest to contact him or her, the personal information gathered about entrants in connection with this Contest will be used solely for the administration of the Contest and is subject to Bell’s privacy policies (available at www.bell.ca/bellprivacy), and no communication unrelated to the Contest, commercial or otherwise, will be sent to the entrant by the Administrator.
9.13. Identity of the Entrant: For the purposes of these Contest Rules, the entrant is the person who is the holder of the email account submitted in the entry form or, in the case of emailed entries, the person whose name is submitted as the entrant. It is to this individual that the prize will be awarded if selected and declared as the winner.
9.15. Facebook: Each entrant in this Contest releases Facebook from any and all liability in respect of this Contest. This Contest is in no way sponsored, endorsed or administered by, or associated with Facebook. Any information entrant provides in connection with the Contest is being provided to Administrator and not to Facebook.