APPLICATION TO THE VIRGIN MOBILE “NEXUS 5 TESTER TEAM” PROGRAM (THE “PROGRAM”) IS OPEN TO CANADIAN RESIDENTS ONLY AND IS GOVERNED BY CANADIAN LAW. VOID IN WHOLE OR IN PART WHERE PROHIBITED BY LAW. CONTACTING VIRGIN MOBILE CANADA (“VMC”) TO APPLY FOR THIS PROGRAM (AS SET OUT IN SECTION 3 BELOW) CONSTITUTES ACCEPTANCE OF THESE PROGRAM TERMS AND CONDITIONS (THE “TERMS AND CONDITIONS”).
1. Program Application Period: The Program application period commences on November 6, 2013 at 12:01 a.m. (ET) and ends on November 18, 2013 at 11:59 a.m. (ET) (the “Program Application Period”), after which time the Program Application Period will be closed and no further applications shall be accepted.
2. Eligibility: The Program is open to Canadian residents who have reached the age of majority in their province of residence on or before the start of the Program Application Period, and who:
(a) are valid VMC members as at November 5, 2013 with an account in good standing;
(b) have a voice and data plan that is compatible with their phone choice or are willing to upgrade to an appropriate voice and data plan at their own cost;
(c) qualify for VMC’s prepaid or postpaid mobile services, including being subject to credit requirements; and
(d) have an active Twitter account.
VMC shall have the right at any time to require proof of identity, date of birth and/or eligibility to participate in the Program. 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 Program must be truthful, complete, accurate and in no way misleading. VMC reserves the right, in its sole discretion, to disqualify any applicant should such an applicant provide untruthful, incomplete, inaccurate or misleading personal details and/or information.
3. To apply for the Program: Individuals may apply during the Program Application Period using the methods outlined below. No applications will be accepted by any other means.
a) Via VMC Website’s Members Lounge: All eligible applicants may apply for the Program during the Program Application Period by visiting www.virginmobile.ca/members-lounge and clicking on the Program tab, which will re-route the applicant to www.virginmobile.ca/testerteam (the
b) Via Phone Details Page: All eligible applicants may apply for the Program during the Program Application Period by visiting www.virginmobile.ca and clicking on “Phones+”, clicking on “Nexus 5”, click on a tout for the Tester Team program, which will re-route the applicant to the Program Website.
c) Via Twitter: All eligible applicants may apply for the Program during the Program Application Period by visiting VMC on Twitter and on the tweet promoting the Program, clicking the link to the Program Website.
d) Via Email Communication: All eligible applicants who receive an email communication from VMC promoting the Program may apply for the Program during the Program Application Period by clicking the link to the Program Website contained in the email communication.
The Program application form (the “Program Application Form”) is located on the Program Website. On the Program Application Form, applicants must: (i) provide their name, email address, VMC mobile phone number, city of residence, Twitter handle, and, if any, blog or personal website; (ii) explain in their own words, in 100 words or less, why they would be an awesome addition to the VMC mobile phone tester team; (iii) review and accept these Terms and Conditions; and (iv) confirm their acknowledgement of and agreement to the Program application release (“Release”) (as described in greater detail in Section 6 below).
Limit of one (1) application per applicant per Program Application Period. If more than the maximum number of applications are received from any applicant, the applications in excess of the maximum will be discarded. Applications will be reviewed and assessed by VMC in its sole discretion. Program participants will be selected from the applications received. Each qualifying applicant 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 mobile phone number provided. Any disputes as to the qualifying applicant will be decided by VMC in its sole discretion. For the purpose of these Program Terms and Conditions, “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 submitted an application, the application shall be deemed submitted by the authorized account holder whose name is sent with the application.
Applications 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 applicants except with the applicants selected to be members of the VMC tester team (“VMC Tester Team”).
4. Program: VMC will pick five (5) testers from all the eligible applicants for the VMC Tester Team. Each tester will receive one Mobile Phone. The Mobile Phone may vary in price and by model. The total retail value of all prizes is approximately $2,500.00.
Conditions and eligibility requirements for Mobile Phone: The Mobile Phone is solely for activation on the VMC network and for use with VMC services. For greater certainty, the Mobile Phone 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 Mobile Phone 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 Mobile Phone, 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 or about November 18, 2013, at 1 p.m. (ET) at the offices of VMC in Ontario, a panel of judges selected by VMC in its sole discretion will review all of the applications received and select five (5) applicants based on the following criteria: quality and creativity of written entries, quality and creativity of Twitter account, quality and creativity of additional blog/website (if provided by applicant). VMC’s choice of selected applicants is at VMC’s sole discretion and VMC will not entertain appeals with respect thereto. VMC’s decisions are final in all matters relating to this Program.
Each selected applicant will be notified via email following the judges’ decision and must provide their mailing address and VMC phone number to a VMC representative. Selected applicants will receive an agreement setting out their responsibilities for their participation in the Tester Team Program (“Agreement”) including a program release and within twenty-four (24) hours of being notified, they must read, execute and return the Agreement to be declared a member of the VMC Tester Team or participation in the Program, including receipt of the the Mobile Phone will be deemed forfeited and, VMC at its own discretion, may select an alternate applicant. VMC is not responsible for the failure for any reason whatsoever of a selected applicant to receive notification or VMC to receive a selected applicant’s response and/or Agreement. If the selected applicant cannot be contacted and/or participation in the Program, including receipt of the Mobile Phone, is forfeited, the judges may continue to select another applicant. If VMC elects to offer the position on the VMC Tester Team including the Mobile Phone to an alternate applicant, the selection and notification of the alternate applicant will be made pursuant to the terms hereof, provided that the selection of an alternate applicant will be made at a time later than the original selection.
Provided that the selected applicant has (i) executed and delivered any applicable tax forms; (ii) correctly answered, unaided, a mathematical skill-testing question administered in the Release; (iii) executed and delivered the Agreement; and (iv) meets the eligibility requirements of the Program, VMC will distribute the Mobile Phone to the selected applicant. The Mobile Phone may not be exchanged for cash, is non-transferable, non-refundable, non-saleable, and must be accepted as distributed, without subsititutions. No selected applicant is entitled to the monetary value of the Mobile Phone in lieu of the Mobile Phone itself, and no selected applicant is entitled to the monetary difference between the actual Mobile Phone value and the stated approximate Mobile Phone value, if any. The Mobile Phone is distributed “as is” with no warranty or guarantee, either express or implied, by VMC. In the event the Mobile Phone cannot be distributed as described in these Terms and Conditions, VMC has the right, but not the obligation, to substitute a mobile phone. VMC will not be responsible if factors beyond VMC’s control prevent the Mobile Phone from being distributed. All federal, provincial and municipal taxes and any other costs and expenses, including without limitation, monthly services fees, and costs for voice or data overages, long distance calls and accessories, associated with acceptance and use of the Mobile Phone that are not specified herein are the sole responsibility of the selected applicant.
5. Operation of the Program: All applications become the property of VMC which assumes no responsibility for: (i) lost, stolen, delayed, damaged or misdirected applications; (ii) applications which fail to comply with the Program Terms and Conditions; and/or (iii) any failure of the Program Website, the Program Application Form, VMC’s systems or any alternate communications network before the deadline for Program application, 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 application to be received by VMC on account of technical problems. Any attempt to deliberately undermine the legitimate operation of this Program is a violation of the Program Terms and Conditions 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. Applicants agree to abide by the Program Terms and Conditions. VMC reserves the right, in its sole discretion, to terminate the Program, in whole or in part, and/or modify, amend or suspend the Program, and/or the Program Terms and Conditions in any way, at any time, for any reason without prior notice, subject to, in respect of the Province of Quebec, the approval of Régie des alcools, des courses et des jeux du Québec. Any changes will be posted on the Program Website.
6. Releases: During the course of the Program application online, all applicants will be required to execute and deliver to VMC a legal release that confirms, among other things, as applicable: (i) his/her eligibility for the Program and compliance with these Terms and Conditions; and (ii) his/her release of 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, including application to the Program (collectively, the “Releasees”) from any and all liability in connection with this Program, application to the Program or participation in any Program-related activities or acceptance, use or mis-use of the Mobile Phone; and (iv) his/her grant to VMC of the unrestricted right, in VMC’s discretion, to produce, reproduce, publish, broadcast, exhibit, distribute and otherwise use or re-use his/her name, photograph, likeness, voice and biography in any and all media now known or hereafter devised in connection with the Program and the promotion and exploitation thereof. These Terms and Conditions are additional to and do not supersede the Release and in the event of any conflict between the Release and these Terms and Conditions, the Release will prevail. In the event of any dispute concerning the operation of any element of the Program or these Terms and Conditions, the decision of VMC will be final.
7. Indemnification: By applying for the Program, applicant acknowledges compliance with, and agrees to be bound by, these Terms and Conditions and the decisions of VMC, which are final and binding on all matters pertaining to this Program. VMC reserves the right to disqualify any applicant who does not abide by these Terms and Conditions or who tampers with the application process. Applicants 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 applicants or his/her administrators, heirs, successors or assigns might have or could have, by reason of or arising out of the applicant’s application and/or participation in the Program and/or in connection with the acceptance, use and/or misuse by the applicant of any Mobile Phone. 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 applicant’s application and/or participation in the Program, or any applicant’s acceptance, possession, use or misuse of any Mobile Phone or any infringement or other legal violation on account of the applicant’s Content (as described in Section 9 hereto).
8. Limitation of Liability: VMC assumes no responsibility or liability for lost, late, unintelligible, falsified, damaged, misdirected or incomplete applications, submissions, notifications, responses, replies or any agreement and/or 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 application, submission, notification, response, reply, agreement 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 Program or by any technical or human error which may occur in the administration of the Program. 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 applications, submissions, notifications, responses, replies or any agreement and/or 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 applicant or to any computer related to or resulting from application to or participation in the Program. The applicant assumes liability for injuries caused or claimed to be caused by applying to or participating in the Program, or by the acceptance, possession, use of, or failure to receive, the Mobile Phone. VMC assumes no responsibility or liability in the event that the Program 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 Program, the Program Website, and/or the Program Application Form.
9. Conduct: By applying to and/or participating in the Program, each applicant agrees to be bound by the Terms and Conditions, which will be posted on the Program Website throughout the Program Application Period. The applicant agrees to be bound by any decision of VMC in connection with the Program, which will be final and binding in all respects. VMC reserves the right, in its sole discretion, to disqualify any applicant found to be: (a) violating the Terms and Conditions; (b) tampering or attempting to tamper with the application process, the operation of the Program, the Program Website, the Program Application 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 PROGRAM WEBSITE, THE PROGRAM APPLICATION FORM, THE VMC WEBSITE (VIRGINMOBILE.CA) OR ANY RELATED WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE A VIOLATION OF 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. The selected applicant must at all times behave appropriately when taking part in the Program, as a member of the VMC Tester Team, at any media obligations and observe the Terms and Conditions any any other rules or regulations in force online, and/or in any other medium, or in any other location. VMC reserves the right to remove from any of these locations, including on-line locations, any selected applicant, as applicable, who breaks such rules and/or fails to behave appropriately and to disqualify such selected applicant.
10. Rights Clearance: By applying to and/or participating in the Program, you: (i) will be creating, generating, using and disseminating content (“Content”); (ii) acknowledge that VMC assumes no responsibility for any claims of infringement of rights to copyright, privacy and/or personality; (iii) agree that all such liability will remain with you; and (iv) represent to VMC that the Content does not infringe any copyright interest of any third party and that the Content is not defamatory or obscene and does not violate any laws relating to hate speech or otherwise. VMC reserves the right to exclude any Content on the basis of concern relating to the rights of third parties, including but not limited to, privacy, copyright, defamation, rights of personality, and obscenity or hate speech, as determined by VMC in its sole discretion.
11. Personal Information: By applying to and/or participating in the Program, each applicant: (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 Program, including but not limited to contacting the qualifying applicant; (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 applicant’s Personal Information only for identified purposes.
12. Media/Publicity relating to the Program: The applicant grants to VMC the right to use his/her name, address, likeness, biographic or other information concerning the applicant in connection with the Program, the program process and/or any and all promotion in connection therewith without further notice or compensation. The applicant acknowledges and agrees that in the event the applicant becomes a qualifying applicant, 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 Program or VMC without the prior written consent of VMC. In the event that the applicant becomes a qualifying applicant, 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 Program as may be requested by VMC. The applicant acknowledges and agrees that in the event that the applicant becomes a qualifying applicant, s/he will perform such further acts and execute such further documents as VMC may require.
13. 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.
14. Governing Law: The Program is subject to applicable all federal, provincial and municipal laws and regulations. The Terms and Conditions 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 Terms and Conditions or the rights and obligations as between the applicant and VMC in connection with the Terms and Conditions 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.
15. 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.
16. Language Discrepancy: In the event of any discrepancy or inconsistency between the terms and conditions of the Terms and Conditions and disclosures or other statements contained in any Program-related materials, including but not limited to the Program application process, the Program Website, the Program Application Form, the VMC website, advertising in any and all media, the Terms and Conditions of the Program will prevail, govern and control.