||ASHLEIGH AND MAËLLE’S BC SKI CHALLENGE
NO PURCHASE NECESSARY. A PURCHASE OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: ASHLEIGH AND MAËLLE’S BC SKI CHALLENGE” (the “Contest”) is open only to legal residents of the fifty (50) states of the United States, the District of Columbia or Canada who have reached the age of majority in their state, province or territory of residence at the time of entry. Employees of IBY, Inc., Cossette Communication Inc., any of their parent and affiliated companies or the Province of British Columbia, as well as the immediate family members (defined as spouse, parents, siblings and children) and household members of each such employee are not eligible to enter the Contest. The Contest is subject to all applicable federal, state, provincial, territorial and local laws and regulations. Void outside of the 50 U.S. states, D.C., Canada and where prohibited by law. If a Canadian resident is selected as the winner, he/she must correctly answer a time-limited mathematical skill-testing question before the prize will be awarded.
2. Sponsor:Her Majesty the Queen in right of the Province of British Columbia, as represented by the Minister of Tourism, Trade and Investment; Administrator: IBY, Inc., 144 South Beverly Drive, Suite 300, Beverly Hills, CA 90212.
3. Agreement to Official Rules: By entering the Contest as set out below, each entrant will be deemed to have read and to have fully and unconditionally agreed to and accepted these Official Rules as well as the ibeatyou Privacy and Service Policy, located at http://ibeatyou.com/main/terms. All decisions of Sponsor and/or Administrator are final and binding in all matters related to the Contest. Whether an entrant receives a prize is contingent upon the entrant fulfilling all requirements set forth herein.
4. Timing: The Contest begins on November 15th, 2010 at 12:00 a.m. Pacific Time ("PT") and ends on February 27th, 2011 at 11:59:59 p.m. PT (the "Contest Period"). Administrator’s computer is the official time-keeping device for the Contest.
5. How to Enter: During the Contest Period, entrants must visit http://ibeatyou.com/bcski (the "Website") and follow the links and instructions to login and/or create an ibeatyou account. Creating an ibeatyou account is free. Once logged in, entrants must follow the links and instructions to upload and submit an original video clip (“Video Submission”) into Challenge #1 and/or an original photo (“Photo Submission”) into Challenge #2 (collectively, the “Submissions”) and to complete registration in the Contest. By uploading a Submission and completing registration in the Contest, each entrant will be deemed to have represented and warranted that his/her Submission conforms to the Submission Guidelines and Content Restrictions described below (collectively, the “Guidelines and Restrictions”) and that he/she has obtained the releases and consents described below. All Submissions must be uploaded and registrations completed before 11:59:59 p.m. PT on February 27th, 2011.
Video Submissions must be in 3g2, 3gp, 3gp2, 3gpp, 3p, asf, avi, divx, dv, dvx, flv, moov, mov, mp4, mpeg4, mpg4, mpe, mpeg, mpg, qt, wmv, or xvid swf;
Video Submissions must be no longer than five (5) minutes;
Video Submissions must have a file size less than 100 MB;
Photo Submissions must be in jpg, png, bmp, or gif;
Photo Submissions must not exceed 1024x768 in size;
Photo Submissions must have a file size less than 1 MB;
All Submissions must comply with ibeatyou.com Privacy and Service Policy, located at http://ibeatyou.com/main/terms; and
Submissions cannot have been submitted previously in a contest of any kind or exhibited or displayed publicly through any means previously.
- The Submissions must not contain material that violates or infringes another person’s rights, including but not limited to copyright, rights of privacy, publicity or other intellectual property rights;
- The Submission must not contain brand names or trademarks;
- The Submissions must not impersonate or falsely claim to represent a person or organization;
- The Submissions must consist solely of entrant’s original work or must have been obtained by entrant from the rightful owner with all necessary permissions;
- The Submissions must not contain material that is obscene, threatening, hateful, tortious, defamatory, slanderous or libelous;
- The Submissions must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; and
- The Submissions must not contain material that is obscene, threatening, hateful, tortious, defamatory, slanderous or libelous;
- The Submissions must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where the Submissions were created.
Releases and Consents: If any person besides an entrant appears in a Submission, the entrant must, prior to uploading the Submission, obtain (a) consent in the form included at the bottom of these Official Rules from each such identifiable person to the collection and disclosure of their personal information (which includes the person’s image), and (b) written permission from each such person and any releases necessary to allow Sponsor and Administrator to exercise the rights set out in these Official Rules. Entrants must, at the request of Sponsor, provide to Sponsor the consents and releases described herein.
For all Submissions: Failure of any Submission to comply with the above Guidelines and Restrictions, as determined by Sponsor and/or Administrator in their sole discretion, or an entrant’s failure to provide a requested release or consent, may result in the deletion of the Submission and entrant’s disqualification from the Contest. No Submissions will be acknowledged or returned. Sponsor shall have the right to delete, edit, adapt, reformat, rearrange or otherwise modify any or all of the Submissions, and may use them as set out in these Official Rules without attribution to entrant or obligation to ensure that entrant remains anonymous, or compensation to entrant, his/her successors or assigns, or any other entity. BY ENTERING A SUBMISSION IN THIS CONTEST, AND IN CONSIDERATION OF THE CHANCE TO WIN THE PRIZES DESCRIBED BELOW, ENTRANT GRANTS TO SPONSOR A NON-EXCLUSIVE PERPETUAL, IRREVOCABLE, ROYALTY-FREE, WORLDWIDE LICENSE TO USE, REPRODUCE, PERFORM, PUBLISH, COMMUNICATE TO THE PUBLIC BY TELECOMMUNICATION, MODIFY, DISPLAY AND DISTRIBUTE THE SUBMISSION, OR ANY DERIVATIVE THEREOF, IN ANY AND ALL MEDIA NOW KNOWN OR HEREAFTER DEVISED, INCLUDING, WITHOUT LIMITATION, THE INTERNET, FOR ANY AND ALL PURPOSES ASSOCIATED WITH THE CONTEST. Sponsor is not responsible for lost, late, incomplete, invalid, un-intelligible or misdirected Submissions. Such Submissions are void and will be disqualified. Sponsor, in its sole discretion, may feature any Submission submitted in this Contest at any time during, or after, the Contest Period on any related websites, in any promotional materials, whether related or unrelated to the Contest, and at any other location, whether physical or online, that Sponsor, in its sole discretion, deems appropriate for the operation and promotion of this Contest.
Limit: Each entrant may enter up to ten (10) Submissions per day during the Contest Period. Multiple entrants are not permitted to share the same email address. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods, will void that entrant's Submissions and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any registration, the authorized account holder of the email address used to register will be deemed to be the registrant or entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. The potential winner may be required to show proof of being the authorized account holder.
6. Judging: After the end of the Contest Period, qualified judges selected by Sponsor in its sole discretion (the “Judges”) will select two (2) winning Submissions (one winning Photo Submission and one winning Video Submission). The winning Submissions will be selected based on the following criteria (the “Judging Criteria”): 34% creativity, 33% fit with the theme, and 33% ratings out of 5 from Ibeatyou.com users. In the event of a tie between two (2) or more Submissions in the same challenge, the Submission that received the highest score in the creativity category will be deemed the Winning Submission.
7. Winner Requirements: The entrant(s) who submitted the Winning Submissions (the “Potential Prize Winner(s)”) will be notified by email, mail or phone on or about April 15, 2011. Each Potential Prize Winner will be required to sign and return to Sponsor, within ten (10) days of the date that the notice is sent, an Affidavit of Eligibility, Liability & Publicity Release (where legally permissible) in order to claim his/her prize. If a Potential Prize Winner cannot be contacted, or fails to sign and return the applicable Affidavit of Eligibility, Liability & Publicity Release within the required time period noted above, that Potential Prize Winner forfeits the prize and he/she will be disqualified. The Potential Prize Winner(s) and declared winners must continue to comply with all terms and conditions of these Official Rules; winning is contingent upon fulfilling all requirements. Failure to comply with these requirements for any reason, return of prize notification or prize as undeliverable or disqualification of any Potential Prize Winner or declared winner for any reason will result in forfeiture of prize, in which case the Judges will select an alternate winning Submission based on the Judging Criteria. Only three (3) alternate winners will be selected, after which the prize will remain un-awarded. The prizes will be fulfilled approximately eight (8) to ten (10) weeks after the end of the Contest Period. Acceptance of the prize shall constitute and signify the winner’s agreement and consent that Sponsor may use the winner’s name, city, jurisdiction of residence, likeness, Submission, photos and/or prize information in connection with the Contest worldwide, including the Internet, without limitation and without further payment or consideration, except where prohibited by law.
8. Prize(s):There are two (2) prizes available to be won: one (1) Olympus STYLUS TOUGH 3000 Camera (Approximate Retail Value (“ARV”) $179.99) for the winning Photo Submission and one (1) Contour HD Wearable Video Camera (ARV $279.99) for the winning Video Submission. ALL ARVs ARE IN CANADIAN DOLLARS (total value of all prizes not to exceed $525). The ARVs are subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARVs are estimated for purposes of these Official Rules and the date the prize is awarded or redeemed. Prize is non-transferable and no substitution will be made unless Sponsor, in its sole discretion, determines otherwise. Sponsor reserves the right to substitute either prize for one of equal or greater value if either prize should become unavailable for any reason. Winner is responsible for all taxes and fees associated with prize receipt and/or use.
9. Release and Indemnification: By entering the Contest as set out above, each participating individual hereby agrees to (a) release and forever discharge Sponsor, its employees, agents, representatives, licensees, successors, assigns and contractors, including Cossette Communication Inc., and Administrator, and its subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies subsidiaries, affiliated and successor and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from any claim, cause of action, or liability whatsoever arising out of the individual’s participation in the Contest or receipt or use or misuse of any prize, including, but not limited to, personal injury, death, or damage to or loss of property; and (b) indemnify, defend and hold harmless Sponsor and all of its respective servants, employees, contractors and agents (the “Indemnified Parties”) from and against all losses, claims, damages, actions, causes of action, demands, obligations, costs and expenses (including but not limited to reasonable legal fees) that the Indemnified Parties may sustain, suffer, incur or be put to at any time, either now or in the future, including any claim arising from (i) the individual’s use of the Website; (ii) the individual’s violation of any provision of these Official Rules, (iii) the individual’s violation of any third party right, including without limitation any claims or actions based on infringement or violation of intellectual property rights, libel, slander or other defamation, rights of privacy or rights of publicity; (iv) any claim that any Submission submitted by the individual caused damage to a third party; and (v) otherwise from the individual’s participation in the Contest, excepting always liability arising out of the independent acts or omissions of the Indemnified Parties.
10. General Conditions:Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s control impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or those of any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
11. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use or misuse of any prize. Sponsor is not responsible for misdirected or undeliverable entries or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Sponsor and Administrator are not responsible for any typographical/other error in entries, selection announcement or for any liability for damage to any computer system resulting from participation in, accessing or downloading information in connection with this promotion. In the event Sponsor is prevented from awarding prizes or continuing with the Contest as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health or other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order or regulation, public health crisis (eg. SARS), order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control, then Sponsor shall have the right to modify, suspend or terminate the Contest.
12. Disputes: Except where prohibited, by entering the Contest as set out above, each entrant hereby agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the laws of the State of California (please note that residents of Québec may submit any litigation regarding the conduct or organization of this Contest to the Régie des alcools, des courses et des jeux for a ruling and that any litigation regarding the awarding of a prize may be suibmitted to the Régie only for the purpose of helping the parties reach a settlement); (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of California without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
**THIS CONSENT FORM MUST BE FILLED OUT AND SIGNED BY ANY IDENTIFIABLE PERSONS (BESIDES ENTRANT) APPEARING IN ANY VIDEO/PHOTOS ENTERED INTO “ASHLEIGH AND MAËLLE’S BC SKI CHALLENGE”
CONSENT TO INDIRECT COLLECTION AND DISCLOSURE OF AND FOREIGN ACCESS TO PERSONAL INFORMATION
I, ____________________________ [insert name of individual whose personal information appears in the Submission], hereby consent to the:
(1) indirect collection of
(2) disclosure inside or outside of Canada of; and
(3) storage and access outside of Canada to
my personal information, which appears in the submission entitled _______________________[insert title of Submission] (the “Submission”), for any and all purposes associated with the uploading and display of the Submission in connection with “ASHLEIGH AND MAËLLE’S BC SKI CHALLENGE” (the “Contest”) sponsored by Her Majesty the Queen in right of the Province of British Columbia, as represented by the Minister of Tourism, Trade and Investment (the “Province”).
Without limiting the general nature of my consent as set out above, I understand that the Submission will be uploaded to the Contest website located at: http://ibeatyou.com/bcski (the “Website”), and that the Submission may be posted to the Website and may also be used for promotional purposes in connection with the Contest. I understand and agree that (a) my personal information may be disclosed to the Province’s independent contractors or service providers to the extent that such independent contractors or service providers require access to such information in order to perform services in connection with the Contest; and (b) my personal information will be publicly disclosed in the event that the Submission is posted on the Website.
I understand that the authority for the Ministry of Tourism, Trade and Investment (the “Ministry”) to collect my personal information comes from section 26(c) of the Freedom of Information and Protection of Privacy Act (British Columbia), and that the Ministry is collecting this information for the purposes of operating, administering and promoting the Contest. I also understand that any questions I have about the collection of my personal information can be directed to:
Marketing Manager, Consumer Programs (North America)
Province of British Columbia
12th Floor, 510 Burrard Street
Vancouver, British Columbia
SIGNED BY THE ABOVE-NAMED INDIVIDUAL: