Community Birthday Contest
(a) The Contest is brought to you by the following entities (collectively or individually, the “Contest Sponsors”): Fido Solutions, operated by Rogers Communications Canada Inc (“Fido”).
(b) The Contest period (the “Contest Period”) starts on September 1, 2015 and continues until September 30, 2015 at 11h59:59 pm. All times are Eastern.
(a) No purchase necessary.
Now that you have signed in to the Fido Community, post your best wireless phone tips & tricks ( each a “Tip”) to the community on related issues in connection with Fido products or services.
(c) To submit a Tip without registering to the Fido Community, send your Tip along with your name, home address, day and evening telephone numbers, email address, age, by email to email@example.com with Community Birthday Contest in the subject line during the Contest Period for one entry into the Contest. Limit of one Tip per email.
(d) ENTRY LIMIT: You will earn one (1) entry in the Contest with each Tip you post or send by email, up to a maximum of five (5) entries. Any subsequent Tip you may post or email thereafter will not count as entries.
(e) By entering this Contest, you grant to the Contest Sponsors a worldwide, perpetual, royalty-free, irrevocable, non-exclusive and unlimited licence to use your entry, including your community username and avatar and your Tip(s) submitted in the Contest (the “Entry Material”), in any media and for any purpose related to the Contest, and waive all claims of copyright and moral rights in the Entry Material, and any rights that you may have to compensation, pertaining to any use, reproduction, modification, adaptation, translation, alteration of, or creation of derivative works from, the Entry Material by the Contest Sponsors for any purpose and in any media whatsoever. You further agree to indemnify and hold harmless each of the Releasees (defined below) from and against any and all claims or actions brought by a person whose consent was not obtained by you, or by any person claiming that his/her/its intellectual property rights, moral rights or personality or privacy rights are infringed by the Entry Material or by any Contest Sponsor’s use of the Entry Material in accordance with these rules.
(f) Any attempt or suspected attempt to enter this Contest in a fashion not authorized by these rules shall be deemed to be tampering and will void all of your entries. Entries that contain false information and/or are late, lost, stolen, falsified, illegible, damaged, misdirected, mutilated, garbled or incomplete, altered or otherwise irregular or entries that have been submitted using robotic, automated, programmed, or through illicit means, or that do not conform with or satisfy any or all of these Contest rules, as determined in the Contest Sponsors’ absolute discretion, will be judged null and void and disqualified. Only entries received by Fido will be considered. Proof of entry transmission shall not constitute proof of receipt. Fido reserves the right to refuse any entry in its absolute discretion. The sole determinant of time for valid online entry in this Contest will be the Contest website’s server machine(s).
(g) Odds of winning depend on the number of eligible entries received.
(h) Although this Contest may be communicated, promoted, or administered by means of any third party social media or social networking service or site (each, a “Third Party Service”), entrants acknowledge that: (i) this Contest is not sponsored, endorsed or administered by, or associated with, any Third Party Service; (ii) if entry into this Contest is by means of a Third Party Service, entrants must have a valid account with the applicable Third Party Service (and may be required to have a public (i.e. non-private) account in order to participate) and must comply with the applicable Third Party Service’s terms and policies; and (iii) any questions, comments or complaints regarding this Contest should be directed to the Contest Sponsors and not to any Third Party Service. By participating in this Contest, you completely release any Third Party Service of all liability in relation to any injury, damage or loss that may occur, directly or indirectly, in whole or in part, from your participation.
(a) The Contest is open to residents of Canada, 18 years and older who are existing Fido customers before the start of the Contest on September 1, 2015.
(b) Employees, officers, directors, agents, and representatives of the Contest Sponsors, their parent and affiliated companies, the Contest prize suppliers, the Contest judges (if applicable), and any and all other companies associated with the Contest, as well as those with whom the foregoing individuals reside, are not eligible to enter this Contest.
(c) The Contest Sponsors shall have the right at any time to require proof of identity and/or eligibility to enter the Contest. Failure to provide such proof may result in disqualification. All personal and other information requested by and supplied for the purpose of the Contest must be truthful, complete, accurate and in no way misleading. The Contest 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.
4. PRIZE DESCRIPTION.
(a) Entrants are eligible to win one (1) of the following prizes:
(b) Each wireless device is locked for used on the Fido network and does not include activation, airtime or data plan, which are the responsibility of the winner. Winner must comply with the applicable terms and conditions, Acceptable Use Policy and the user guide for the product and/or services of Fido should the wireless device be activated and used on the Fido network. Any costs or expenses incurred by winner in claiming or using the prize not specifically described as part of the prize, including but not limited to the unlocking of the wireless device, are the sole responsibility of the winner.
(c) Prize must be accepted as awarded, without substitution, transfer, exchange or assignment, unless otherwise determined in the absolute discretion of the Contest Sponsors and/or prize suppliers. Any unused portion of a prize, once awarded, will be deemed forfeited by the applicable winner, and no financial compensation will be made or required in respect of such unused portion. The Contest Sponsors and/or the prize suppliers reserve the right, in their absolute discretion, to substitute a prize or a component of a prize with a prize or a component of a prize (as applicable) of equal or greater value, including, without limitation, a monetary award, if the prize or prize component cannot be awarded by the Contest Sponsors and/or the prize supplier(s) for any reason. Prize may not be exactly as advertised. Prize will not be replaced if lost, destroyed or stolen.
(d) Except as expressly warranted herein, any Contest prize is provided “as is” without further warranty of any kind.
(a) A random draw for each Prize will be conducted by a representative of the Contest Sponsors from all entries received around 2pm on October 7th at 800, De La Gauchetière Street West, suite 4000, Montreal (Quebec) H5A 1K3. The selected entrants will be contacted at the contact information in their Fido account or in their email entry. A selected entrant will be disqualified and required to forfeit any claim to the Contest prize if he or she cannot be reached within three (3) business days following the first attempt of contact or if the terms set forth in these Contest rules are not adhered to.
(b) Decisions and rulings of the Contest Sponsors and/or their representatives are final and binding without appeal in all matters related to this Contest and the awarding of a prize.
(c) To be declared a winner, a selected entrant must correctly answer without assistance of any kind, whether mechanical or otherwise, a time-limited, mathematical skill-testing question; be in full compliance with these Contest rules; and, in the discretion of the Contest Sponsors, sign and return a release of liability and consent to publicity form (the “Release Form”) within the time period specified in the Release Form, and any other documentation as may reasonably be required by the Contest Sponsors in their absolute discretion.
(d) A selected entrant may be required to provide proof of identification to the Contest Sponsors when claiming a prize or otherwise in connection with this Contest to facilitate the Contest Sponsors’ accurate identification of a Contest winner.
(e) If a selected entrant does not fulfill the conditions set out in these rules, or declines or forfeits a Contest prize, the Contest Sponsors reserve the right, in their absolute discretion, to cancel the Contest prize or to select another entrant from the remaining eligible entries pursuant to the process described above.
(f) Once a winner has been confirmed in accordance with the terms of these Contest rules, prize distribution will promptly be coordinated.
6. RELEASE OF LIABILITY / CONSENT TO PUBLICITY.
By entering the Contest, each entrant accepts and agrees to (i) be legally bound by these Contest rules, including all eligibility requirements, (ii) be bound by the decisions of the Contest Sponsors and their representatives or the independent judging organization, if any, which are final, binding and conclusive (without appeal) on all matters relative to the Contest; and (iii) remise, release and forever discharge the Contest Sponsors, their respective parent and affiliated companies, subsidiaries, licensees, distributors, divisions, dealers, retailers, printers and advertising and promotional agencies, any and all other companies associated with the Contest (including prize suppliers and suppliers of materials or services related to the Contest), and all of their respective employees, directors, officers, shareholders, agents, representatives, successors and assigns (collectively, the “Releasees”) from any and all actions, causes of actions, suits, debts, dues, accounts, claims, damages or liability for any loss, harm, damages, costs or expenses arising out of, or in any way related to, his/her participation in the Contest and/or the awarding, receipt, possession, use and/or misuse of any Contest prize (or any portion thereof), or any travel or activity that is related to the receipt or use of any Contest prize, including, without limitation costs or losses related to personal injuries, death, damage to, loss or destruction of property, and rights of publicity, personality, privacy and/or intellectual property.
By accepting a Contest prize, each winner authorizes each of the Contest Sponsors and their respective designees to use in any related publicity the winner’s name, city and province/territory of residence, photograph, image, likeness, voice, and any statements he/she may make regarding such Contest prize for advertising and promotional purposes worldwide in perpetuity, in any form of media including the Internet, without limitation and without additional compensation or consideration, permission or notification, unless prohibited by law; and each winner waives any rights that may exist in respect of materials produced pursuant to the foregoing.
7. LIMITATION OF LIABILITY.
The Releasees are not responsible for (i) stolen, late, incomplete, illegible, inaccurate, misdirected, lost, misrouted, scrambled, damaged, delayed, undelivered, mutilated, postage-due or garbled entries, transmissions, email or mail; (ii) lost, interrupted or unavailable network, cable, satellite, server, Internet Service Provider, website, or other connections, including those through and/or by any website; (iii) jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; (iv) failures or malfunctions of phones, phone lines or telephone systems, any error, omission, interruption, defect or delay in transmission, processing, or communication; (v) non-delivered, misdirected, blocked, or delayed email notifications; (vi) printing, typographical or other errors appearing within these Contest rules, in any Contest-related advertisements or other materials; or (vii) any other errors, problems or difficulties of any kind, whether human, mechanical, electronic, network, computer, telephone, mail, typographical, printing or otherwise relating to or in connection with this Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing of entries, the announcement of the prize or in any Contest-related materials, or the cancellation or postponement of any event. The Releasees are also not responsible for any incorrect or inaccurate information, whether caused by website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. The Releasees are not responsible for injury or damage to participants’ or to any other person’s computer related to or resulting from participation in this Contest or downloading materials from or use of any website.
(a) Laws and Rules. This Contest will be run in accordance with these Contest rules, which shall be subject to amendment by Fido without notice or liability to you. Entrants must comply with these Contest rules and will be deemed to have received and understood these rules by participating in this Contest. The terms of this Contest, as set out in these rules, are not subject to amendment or counter-offer, except as set out herein. This Contest is subject to all applicable federal, provincial and municipal laws and regulations. These rules are governed exclusively by the laws of the province or territory in which you reside, and you submit to the exclusive jurisdiction of the courts of such province or territory. Rights and remedies may vary by province or territory.
(b) Cancel and Amend. Fido reserves the right to cancel, modify, or suspend this Contest or to amend the Contest rules at any time and in any way, without prior notice, for any reason whatsoever. Without limiting the foregoing, if for any reason the Contest is not capable of running as originally planned, for example as a result of tampering or infection by computer virus, bug, corruption, security breach, or other cause beyond the reasonable control of the Contest Sponsors, Fido reserves the right to cancel or suspend the Contest and/or conduct a random draw from all previously received eligible entries.
(c) Conduct. The Contest Sponsors reserve the right, in their absolute discretion, to disqualify without notice any entrant that they find to be: violating the Contest rules; tampering or attempting to tamper with the entry process or the operation of the Contest or any Contest website; acting in an unsportsmanlike or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person; or attempting to undermine the legitimate operation of the Contest. Any attempt by an entrant or any other individual to undermine the legitimate operation of this Contest may be a violation of criminal and/or civil laws. Should any such attempt be made, the Contest Sponsors reserve the right to seek remedies and damages to the fullest extent permitted by law, including criminal prosecution, and Fido reserves the right to ban or disqualify an entrant from this Contest and any future contests.
(d) Identity of Online Entrant. If a dispute arises regarding the identity of any online entrant, the applicable entry will be deemed to have been submitted by the authorized account holder of the account provided at the time of entry. An entrant may be required to provide proof that he or she is the authorized account holder of the account associated with a particular entry. The individual assigned by an Internet access provider, online service provider, or other organization responsible for assigning the applicable type of account is considered the authorized account holder. Whether or not an individual constitutes the authorized account holder in question will be determined by Fido in its sole discretion; and, if the name of the authorized account holder does not accord with the full name provided at the time of entry, the applicable entry may be disqualified at Fido’s sole and absolute discretion.
(e) Residents in Quebec. 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 a ruling. Any litigation respecting the awarding of a prize may be submitted to the board only for the purpose of helping the parties reach a settlement.