THE CLASS ACT CANADA CONTEST (THE "CONTEST") IS INTENDED TO BE CONDUCTED WORLDWIDE AND SHALL BE CONSTRUED AND EVALUATED ACCORDING TO APPLICABLE CANADIAN LAW. NO PURCHASE IS NECESSARY. PARTICIPANTS MUST BE OF THE AGE OF MAJORITY IN THEIR COUNTRY 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:
be 19 years of age or older at time of entry (Canadian applicants must be 18 years or older at time of entry); and
be legally able to travel to Canada and have any and all necessary documentation as may be required for presentation to Canadian and/or International customs and airport personnel.
Employees of Sprott Shaw and the Post Media Group (collectively, the "Sponsors"), their respective affiliates, subsidiaries, related companies, advertising and promotional agencies, and the household members of any of the above, are not eligible to participate in the Contest.
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 the 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, which will be conducted in four phases, begins at 9:30 a.m. Pacific Daylight Time (“EDT”) on August 20, 2009 and ends at 9.30 a.m. (Pacific Daylight Time) on Dec 1, 2009 (the “Contest Period”) after which time the Contest will be closed.
Phase One
Applications for the first phase of the Contest will be accepted between 9:30 a.m. Pacific Daylight Time (“EDT”) on August 20, 2009 until 9.30 a.m. (Pacific Daylight Time) on Sept 20, 2009. Judges will then shortlist the top 100 vote getters.
Phase Two
The top 100 vote getters will be informed via email on Sept 25, 2009.
Between 9:30 a.m. Pacific Daylight Time (“EDT”) on Sept 25, 2009, until 9.30 a.m. (Pacific Daylight Time) on Oct 16, 2009, the top 100 shortlisted candidates will seek another round of votes. They can add to their original applications video and text messages. After Oct 16, 2009, Judges will shortlist the top 100 to the top 20. All applications will be closed at this point.
Phase Three
The top 20 vote getters will be informed via email on Oct 23, 2009.
Between 9:30 a.m. Pacific Daylight Time (“EDT”) on Oct 23, 2009, until 9.30 a.m. (Pacific Daylight Time) on Nov 6, 2009, the top 20 shortlisted candidates will seek another round of votes. They can add to their original applications video and text messages. During this period, Judges will rank the top 20 based on the number of votes they get and their overall applications. Between Nov 10 and Nov 20, 2009 Judges will select the 10 Class Act Canada champions. (this will include a winner from the PNE portion of the contest)
Phase Four
The top 10 Class Act Canada champions will be notified vie email and registered mail by the end of the business day of December 1, 2009.
3. HOW TO ENTER.
There is no purchase necessary to enter the Contest. To enter online, complete and submit the entry form located at Classactcanada.com (the “Contest Website”). No entries will be accepted by any other means.
Limit of one (1) entry per person (see Contest Period phases). In the case of multiple entries, only the first eligible entry will be considered.
All entries become the sole property of the Sponsors and none will be returned for any reason. Entries must be received no later than the end of the specified Contest Period. 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 those selected for the prizes (as defined below).
Entries received online shall be deemed to be submitted by the authorized account holder of the e-mail address associated with the entry. For the purpose of the Contest Rules, “authorized account holder" of an e-mail address is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Each selected entrant may be required to provide the Sponsors with proof that the selected entrant is the authorized account holder of the e-mail address associated with the winning entry.
4. PRIZE
There are 10 prizes* available to be won in Class Act Canada 2009 which includes the following:
a) round-trip economy airfare for Winner, who must be of the age of majority in his/her country of residence at the time of travel booking, leaving from a gateway in the country of residence as selected by the Sponsors to the Vancouver International Airport in Canada. All travel arrangements and details will be handled and selected by Sponsors in their sole discretion for Winner. Subject to availability and change. Blackout dates may apply. Travel related terms and conditions apply.
b) Actual value of total prize for all 10 winners will not exceed C$1million. Prizes for each winner will depend on departure city, Sprott Shaw educational courses, accommodation and activities selected by the Sponsors.
c) Winners will be determined upon Sponsor selection criteria and coordinated with judges.
d) Should winners be unable to travel on the dates and times designated by the Sponsors, the Prize/prizes will be forfeited and awarded to alternate winners. Winners will be responsible for transportation to and from originating airport, travel and medical insurance, travel documentation, airport improvement fees, taxes, gratuities, telephone calls, and any other expense not explicitly included in the Prize.
e) Winners not entitled to monetary difference between actual Prize value and stated approximate Prize value, if any.
f) Prizes will be distributed within ninety (90) days after Winner has been successfully contacted and notified of his/her Prize and fulfilled the requirements set out herein.
g) Prize must be accepted as awarded and cannot be transferred, assigned, substituted or redeemed for cash, except at the sole discretion of the Sponsors. Any unused portion of a Prize will be forfeited and have no cash value. The Sponsors reserve the right, in its and their sole discretion, to substitute a prize of equal or greater value if the Prize (or any portion thereof) cannot be awarded for any reason.
h) The Sponsors shall not assume any liability for lost, damaged or misdirected Prize.
5. WINNER SELECTION.
Each entrant shall be eligible to win only one (1) Prize.
The odds of being selected as a potential winner are dependent upon the number of votes recorded by the entrant during the first, second and third phases of the contest period.
Before being declared a Winner, the selected entrant shall be required to correctly answer, without assistance of any kind, whether mechanical or otherwise, a time-limited mathematical skill-testing question to be administered during a pre-arranged telephone call or by e-mail, to comply with the Contest Rules and sign and return the Release (described below).
THE 10 winners WILL BE NOTIFIED BY TELEPHONE or E-MAIL NO LATER THAN Dec 1, 2009 AT 5:00 P.M. EDT AND MUST RESPOND WITHIN TWO (2) BUSINESS DAYS OF NOTIFICATION. Upon notification, the winners must respond by telephone to the contact number provided in the notification, and the selected entrant’s response must be received by the Sponsors within two (2) business days of such notification. If the winner does not respond in accordance with the Contest Rules, he/she will be disqualified and will not receive a Prize and another entrant may be selected in the Sponsors’ sole discretion. The Sponsors are not responsible for the failure for any reason whatsoever of a winner to receive notification or for the Sponsors to receive a winner’s response.
6. RELEASE.
Each winner will be required to execute a legal agreement and release (“Release”) that confirms Winner’s (i) eligibility for the Contest and compliance with these Contest Rules; (ii) acceptance of the Prize as offered; (iii) release of each of the Sponsors and their respective parent companies, subsidiaries, affiliates and/or related companies and each of their employees, directors, officers, suppliers, agents, sponsors, administrators, licensees, representatives, advertising, media buying and promotional agencies (collectively, the “Releasees”) from any and all liability for any loss, harm, damages, cost or expense arising out of participation in the Contest, participation in any Contest-related activity or the acceptance, use, or misuse of any 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 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. The executed Release must be returned within two (2) business days of the verification as the Winner will be disqualified and the Prize forfeited.
7. INDEMNIFICATION BY ENTRANT.
By entering the Contest, entrant releases and holds Sponsors and their assignees harmless from any and all liability for any injuries, loss or damage of any kind to the entrant 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 the Contest, any breach of the Contest Rules, or in any Prize-related activity. The entrant agrees to fully indemnify Sponsors and all their assignees from any and all claims by third parties relating to the Contest, without limitation.
8.LIMITATION OF LIABILITY.
The Sponsors assume no responsibility or liability for lost, late, unintelligible/illegible, falsified, damaged, misdirected or incomplete entries, 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. 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. The 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 ClassActCanada.com.
9.CONDUCT.
By participating in the Contest, each entrant agrees to be bound by the Contest Rules, which will be posted at the Contest Website 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 website affiliated with Class Act Canada; (c) violating the terms of service, conditions of use and/or general rules or guidelines of any Contest 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, 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. Winners must at all times behave appropriately when taking part in the Prize
10. PRIVACY / USE OF PERSONAL INFORMATION.
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.
11. INTELLECTUAL PROPERTY.
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 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.
13. 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 British Columbia 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 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 other language versions of the Contest Rules, the English version shall prevail, govern and control.
15. VOTING.
Voting is limited to ten (10) votes, per IP address, per day.