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GamesTown2010 Contest
Official Contest Rules
Amended December 29, 2009
OFFICIAL CONTEST RULES: “GamesTown 2010 Contest” IMPORTANT: PLEASE READ THESE OFFICIAL RULES AND REGULATIONS ("OFFICIAL RULES") BEFORE PARTICIPATING IN THE “GAMESTOWN 2010 CONTEST” (THE “CONTEST”) ORGANIZED BY HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA, AS REPRESENTED BY THE MINISTER OF HEALTHY LIVING AND SPORT (THE “PROVINCE”). BY CLICKING THE TERMS AND CONDITIONS ACCEPTANCE BOX AND PARTICIPATING IN THIS CONTEST, YOU REPRESENT THAT YOU SATISFY ALL OF THE ELIGIBILITY REQUIREMENTS IN SECTIONS 2 AND 3 BELOW AND YOU ARE DEEMED TO HAVE READ AND TO HAVE AGREED TO BE BOUND UNCONDITIONALLY BY THESE OFFICIAL RULES. THIS CONTEST IS INTENDED TO BE CONSTRUED AND EVALUATED ACCORDING TO THE LAWS OF BRITISH COLUMBIA AND THE LAWS OF CANADA APPLICABLE TO THE CONTEST. PARTICIPATION IN THIS CONTEST CONSTITUTES ACCEPTANCE OF THESE OFFICIAL RULES. 1. CONTEST PHASES: 1.1 The Contest consists of the following three phases: (a) The first phase begins at 1:00 p.m. PST, February 23rd, 2009 and closes at 11:59 p.m. PST October 31, 2009 (the “ Submission Period ”). During the Submission Period , individuals may submit one or more online entries to demonstrate why their community should win the title of “Gold Medal Winner, GamesTown 2010”. Each community for which at least one entry has been submitted during the Submission Period will be eligible to win prizes, as further described below, and will proceed to the second phase of the Contest; (b) The second phase begins at 12:00 a.m. PST, November 1, 2009 and closes at 11:59 p.m. PST January 4, 2010 (the “ Viewer’s Choice Period ”). During the Viewer’s Choice Period, individuals may continue to submit online entries, as described in sub-paragraph (a) above, for communities for which at least one entry has been submitted during the Submission Period. During the Viewer’s Choice Period, individuals may also vote online for one community in each of five population categories that, in their opinion, best demonstrate enthusiasm for and participation in sport and healthy living initiatives. The two (2) communities in each of the five (5) population categories (for a total of ten (10) communities) that receive the most votes during the Viewer’s Choice Period will proceed to the third phase of the Contest. The five (5) population categories are 0-5000, 5,000-10,000, 10,000-25,000, 25,000-100,000 and >100,000; and (c) The third phase begins at 12:00 a.m. PST, January 5, 2010 and closes at 11:59 p.m. PST January 18, 2010 (the “Panel Judging Period”). From the beginning of the Panel Judging Period until 11:59 p.m. PST January 7, 2010 (the “Top 10 Period”), the top ten (10) communities chosen during the Viewer’s Choice Period will be allowed to submit additional entries that will be considered by the panel during the Panel Judging Period. During the Panel Judging Period, a panel of B.C. celebrity VIPs and athletes will view the entries submitted during the Submission Period, the Viewer’s Choice Period and the Top 10 Period for each of the top ten (10) communities and will choose from these communities a first place, a second place and a third place community. Individuals may continue to submit online entries during the Panel Judging Period for communities for which at least one entry has been submitted during the Submission Period, but only those entries received during the Submission Period, the Viewer’s Choice Period and the Top 10 Period will be considered by the panel. The first place community will be awarded the title of “Gold Medal Winner, GamesTown 2010”, the second place community will be awarded the title of “Silver Medal Winner, GamesTown 2010” and the third place community will be awarded the title of “Bronze Medal Winner, GamesTown 2010”. Each of the top three (3) communities chosen during the Panel Judging Period will also be awarded prizes for distribution within the community, as further described in sections 6 and 7 below, 4.8 You agree, at the request of the Province, to provide to the Province the releases and consents described in section 4.7(c) above.
4.9 You agree that under no circumstances will the Province or any of its respective servants, employees or agents be liable to any person or entity for any direct, indirect, special, incidental, consequential or other damages based on: (a) use of any Content pursuant to these Official Rules; (b) any use by you of the Website or any other website to which the Website is linked; or (c) any failure by you to abide by these Official Rules.
7.2 Each of the Top Three Communities will be contacted by email or phone and asked to provide a designated representative of the community with authority to act on behalf of the community (the “ Community Representative ”) to respond on behalf of the community. The Community Representative will then be notified by email and asked to respond within a specified time period. If a Community Representative does not respond to the notification within the specified time period, or the community is otherwise unwilling or unable to comply with these Official Rules, the community will be disqualified and another community will be selected from the top ten (10) communities chosen during the Viewer’s Choice Period. If the Community Representative responds to the Province within the specified time period, the community will be declared a winner provided that the community complies with the requirements of Section 9 below. Upon responding to the Province, the Community Representative will be advised of prize delivery method. Prizes may be delivered via mail or courier, or may be picked up by the Community Representative, and are subject to the discretion of the Province and to the Province receiving the Release (defined in Section 9) prior to awarding the winning prizes. The Province is not responsible for the failure for any reason whatsoever of any Community Representative to receive notification or for the Province to receive a Community Representative’s response. 7.3 Each of the Top Three Communities will be required to use the cash reward to support the improvement of a community facility or initiative that is dedicated to supporting sport, fitness or healthy living. The community will be responsible for determining the facility or initiative to which the cash reward will be applied. 8. RANDOM PRIZE DRAWS: 8.1 In addition to the prizes for the Top Three Communities, all communities for which at least one entry has been submitted during the Submission Period will be eligible for prize draws. A total of seven prize draws will be conducted: one on March 11, 2009; one on April 15, 2009; one on May 13, 2009; one on June 17, 2009; one on July 8, 2009; one on August 12, 2009; and one on November 23, 2009. The prizes for each draw are described below. Communities will be selected randomly from the list of communities for which at least one entry has been submitted during the Submission Period. Non-winning communities will be re-entered into the next draw. 8.2 Communities selected during a draw will be contacted by email or phone and asked to provide a Community Representative to respond on behalf of the community. The Community Representative will then be contacted by email and an acceptance email or phone call reply must be made to the Province by the Community Representative within 48 hours of such notification. If a Community Representative does not respond in accordance with these Official Rules or the community is otherwise unwilling or unable to comply with these Official Rules, the community will be disqualified and another community will be selected. If a Community Representative responds to the Province within 48 hours from receiving notification, the Province will contact the Community Representative and will administer, by phone, a skill-testing, time limited mathematical question [(3x3) + (4x4)] in order for the community to become a winner and receive the winning prizes. If the Community Representative answers the mathematical question correctly, the community will be declared a winner provided that the community complies with the requirements of Section 9 below. Upon answering the mathematical question correctly, the Community Representative will be advised of prize delivery method. Prizes may be delivered via mail or courier, or may be picked up by the Community Representative, and are subject to the discretion of the Province and to the Province receiving the Release (defined in Section 9) prior to awarding the winning prizes. The Province is not responsible for the failure for any reason whatsoever of any Community Representative to receive notification or for the Province to receive a Community Representative’s response. Odds of winning will depend on the total number of communities for which at least one entry has been submitted during the Submission Period.
9. RELEASE: 9.1 Before being declared a winning community, each community notified of its selection will be required to execute a legal agreement and release (the “ Release ”) indicating that the community: (a) has the necessary legal capacity to enter into the Release; (b) will keep the notification confidential until the official public announcement has been made and the Province informs the community in writing that the community may disclose the notification; (c) agrees to comply with these Official Rules; (d) accepts the winning prize as offered; (e) releases each of the Province, its servants, agents, employees, licensees, and assignees and VANOC (the “ Released Parties ”) from any and all liability for any loss, harm, damages, cost or expense arising out of participation in this Contest, or the acceptance, possession, use, or misuse of any prize, including without limitation, 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 (f) will obtain all releases and permissions necessary to grant the Province the unrestricted right to publish without any further compensation the name, photograph, portrait, likeness, audio-video recording, interview, voice and any website dissemination or broadcast thereof of any official spokesperson of the community for the purposes of advertising and promoting the Contest and awarding or publishing the winning prizes. The Release document may contain such other terms and conditions as the Province, at its sole discretion, may decide. The Release document must be returned by the date indicated on the document or the winning prizes will be forfeited. 10. INDEMNIFICATION BY PARTICIPANT: 10.1 By participating in the Contest, each participating individual hereby releases the Released Parties from any and all liability whatsoever, and waives any and all causes of action, related to any injuries, loss or damage of any kind to any person or persons (including, without limitation, death or personal injury, property damage, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional) resulting in whole or in part, directly or indirectly, from participation in the Contest. 11. LIMITATION OF LIABILITY: 11.1 Under no circumstances will the Province be liable to any person or business entity for any direct, indirect, special, incidental, consequential, or other damages based on any use of the Website or any other Website to which the Website is linked, including, without limitation, any lost profits, business interruption, or loss of programs or information, even if the Province has been specifically advised of the possibility of such damages. The Province assumes no responsibility for failure of the Internet or the Website during the Contest Period, for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, access providers, computer equipment, software, failure of any email or traffic congestion on the Internet or at any website, or any combination thereof or other failures related to hardware, software or virus, or incomplete, illegible, lost, late or misdirected entries or votes. The Province reserves the right, in its sole discretion, to cancel or suspend this Contest if a virus, bug or other cause beyond its reasonable control corrupts the security or proper administration of the Contest. Any attempt to deliberately damage the Website or to undermine the legitimate operation of this Contest is a violation of criminal and civil laws. If such an attempt be made, the Province reserves the right to seek remedies and damages to the fullest extent permitted by law, including criminal prosecution. 12. MISCELLANEOUS: 12.1 All decisions of the Province will be final and binding in all matters relating to this Contest. The Province reserves the right, without prior notice, to cancel, terminate or modify the Contest, including these Official Rules, if it cannot be operated, conducted or completed as planned, for any reason. If any term or provision of these Official Rules is invalid, illegal or unenforceable, all other terms and provisions of these Official Rules will nonetheless remain in full force and effect. 13. LAWS: 13.1 This Contest is subject to federal, provincial and municipal laws and regulations. These Official Rules are subject to change without notice in order to comply with any applicable federal, provincial and municipal laws. 14. WARRANTY DISCLAIMER: 14.1 This information is provided as a public service by the Province, PO Box 9898 Stn Prov Govt, Victoria, British Columbia, Canada V8W 1N3. The Website and all of the information it contains are provided "as is" without warranty of any kind, whether express or implied. All implied warranties, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby expressly disclaimed. All prizes are awarded "as is" and without warranty of any kind, express or implied. 15. COPYRIGHT NOTICE: 15.1 The Contest and all accompanying materials have for copyright © 2009 Province of British Columbia. All rights reserved. With the exception of the Content, all intellectual property and all of the promotional materials, web pages, the Website and source codes to the Website are owned by the Province. Copying or unauthorized use of any copyrighted material or official marks or trade-marks without the express written consent of the Province is strictly prohibited. 16. OFFICIAL RULES AND WINNERS LIST: 16.1 For a copy of these Official Rules or for the names of winning communities, mail a self-addressed stamped envelope to: Ministry of Healthy Living and Sport, 1st Floor, 800 Johnson Street, Victoria, BC, V8W 9T9. Attn: "GamesTown 2010". The names of winning communities will also be posted on the Website. |