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VQ CarFinder "Where The %@&# Did I Park??!!" Contest Rules and Regulations
NO PURCHASE NECESSARY TO ENTER. OPEN TO LEGAL RESIDENTS OF THE UNITED STATES, CANADA AND EUROPE. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
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SPONSOR: Xpressions Inc., 29 Falkland Place, Richmond Hill, Ontario, L4C 9P3, CANADA. info@4carfinder.com
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1. HOW TO PARTICIPATE
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The VQ CarFinder "Where The %@&# Did I Park??!!" Contest (the "Contest") is sponsored by Xpressions Inc. (the "Sponsor"), and gives participants the opportunity to submit a video or written story that conveys the frustration of not being able to find where they parked their car. The details of the prizes and how to enter the Contest are contained in these Official Rules.
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Eligibility: Contest is open to all residents of the United States, Canada and Europe over the age of 18 ("Participants"). VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
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Contest Period: Contest Opening Date is 12:00 a.m., Eastern Time, July 27th, 2009. Contest Closing Date is 11:59 p.m., Eastern Time, September 20th, 2009. Contest Closing Date is subject to be extended without notice at the sole discretion of the Sponsor.
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Contest Entry: Participants may enter the Contest by going to www.4carfinder.com/lostmycar.aspx, clicking "I Accept" to these Contest Rules and Regulations (the "Rules") and then emailing their video or written story (the "Submissions"). Submissions will be assessed by representatives of the Sponsor and, if deemed appropriate at the sole discretion of the Sponsor, will be posted on Sponsor's YouTube channel (www.youtube.com/4carfinder).
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Entry Format: Submissions can be video (live, animation, claymation or other creative forms) or written (maximum 500 words). Videos must be: (1) less than 1 minute long, (2) less than 10MB file size, (3) in MPEG4 format, and (4) meet YouTube video size/specification standards. Written Submissions must be a maximum of 500 words and must be submitted as text in an email (no attachments please). Submissions that do not meet the aforementioned format criteria will be deemed ineligible for the Contest.
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Judging Criteria: Entries will be judged based on creativity and entertainment value as determined by the Sponsor. All decisions final.
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Unlimited Usage Rights: Entry into this Contest constitutes Participant's agreement that Sponsor shall have an irrevocable, perpetual, universe-wide, fully paid-up and royalty-free license to copy all Submitted Videos and to use, re-use, publish, and re-publish such Submitted Videos in whole or in part, individually or in conjunction with other photographs or images, in any and all media now known or hereafter devised and for any purpose whatsoever, including, without limitation, for use on merchandise, throughout the universe (including, without limitation, illustration, promotion, advertising and trade), and to use the name of each Participant in connection therewith if the Sponsor so chooses in its sole discretion (such use defined as the "Selected Video" herein). Each entrant agrees that they will not be compensated for submitting any Submitted Videos or written submissions.
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2. PRIZES
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Grand Prizes: 3 Grand Prizes will be awarded at the sole discretion of the Sponsor. Each Grand Prize ("Grand Prize") is comprised of (1) a BlackBerry smartphone and (2) a VQ CarFinder license. BlackBerry smartphone to be awarded is at the sole discretion of Sponsor. BlackBerry prize is limited to the BlackBerry smartphone – no phone plan, data plan, set-up fees or any other costs associated with using the BlackBerry smartphone are the sole responsibility of winning Participant. Prize must be accepted as awarded. Participant is responsible for any taxes or other costs associated with receipt of Grand Prize.
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Additional Prizes: Up to twenty $US 25.00 BlackBerry Accessory Store e-gift cards will be awarded at the sole discretion of the Sponsor.
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Notification of Selection: The selected Participants will be contacted at the email provided when the Participant emailed their Submission. Sponsor will attempt to contact winning Participant at least 3 times within 7 days after Announcement of Winners. If the selected Participant cannot be contacted in that time, another Participant will be selected and the initial selected Participant will be disqualified and will have no recourse towards the Sponsor or anyone involved in the Contest. In order to win, the selected Participant must first correctly answer, unaided, a time-limited, mathematical, skill-testing question to be administered by telephone, and he or she will be required to sign a standard Declaration and Release Form confirming compliance with the Contest Rules, acceptance of the Prize as awarded and releasing the Sponsor from all liability relating to the Contest. No substitution for, or transfer of the Prize, will be allowed. The selected entrant will have seven (7) days from the date of receipt to return a signed copy of the Declaration and Release Form to the Sponsor or its representative. If the selected Participant does not do so within this period of time, another Participant will be selected and the initial selected Participant will be disqualified and will have no recourse towards the Sponsor or anyone involved in the Contest. Each Prize will be forwarded to the winner within 6 to 8 weeks from the date when the winner's signed Declaration and Release Form is received by the Sponsor. Each Prize must be accepted as awarded. No cash alternatives, substitution or transfers of the Prize will be allowed.
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Odds: The odds of winning depend on the total number of eligible entries received during the Contest Period.
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Announcement of Winners: The Grand Prize and Additional Prize winners will be announced on www.4carfinder.com/lostmycar.aspx within 21 days of the Contest Closing Date.
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3. GENERAL RULES
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While the Sponsor will seek to accurately present Submissions on Web site, the Submissions as posted on the Web site may differ from the Entries as originally submitted by Entrants due to technological malfunction, error, defect, limitation and/or modifications and the Sponsor and its agencies shall have no liability related thereto. The Sponsor may post Submissions in any order, format or pattern, at its sole discretion. The Sponsor may append comments/commentary of their sole choosing, to one or more Submissions in its sole and absolute discretion. Participant hereby releases and discharges the Releasees (as defined below) from all liability resulting from any distortion, alteration, or faulty reproduction which may occur in the dissemination or use of any of Submission.
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Sponsor reserves the right to reject any Submission and disqualify any Participant which, in the Sponsor's sole and absolute discretion, is determined not to meet any of the above conditions. If Sponsor rejects any Submission, in its sole and absolute discretion, such Submission will not appear on the Web site and will not be considered a valid Contest Entry. No correspondence will be entered into with regard to such disqualified Submissions.
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WITHOUT LIMITING THE GENERALITY OF THE REPRESENTATIONS AND WARRANTIES LISTED ABOVE, BY ENTERING THE CONTEST ENTRANT REPRESENTS AND WARRANTS THAT HE OR SHE HAS OBTAINED ALL OF THE RIGHTS, LICENSES AND PERMISSIONS FROM EACH PERSON WHO APPEARED IN OR HELPED TO CREATE THE ENTRY. If the Sponsor determines, in its sole discretion, that an Entrant has breached a representation or warranty, the Entrant will be disqualified.
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By participating, each Participant and selected winner agrees: (a) to be bound by these Rules and the decisions of the Sponsor, (b) to release and hold harmless the Sponsor, its affiliates, subsidiaries, and independent contractors, and their respective directors, officers, employees, agents and representatives including advertising and promotion agencies, from any and all liability for claims/damages including, but not limited to, claims/damages for personal injury, for property damage with respect to acceptance, possession or use or misuse of the Prize or participation in the Contest; (c) to permit the Sponsor to use the Participant's Submission(s) in any matter whatsoever without any additional compensation to the Participant, (d) to permit the Sponsor to use his/her name, address, city, province, of residence, photograph, video, or any likeness and (d) the Participant that wins a Grand Prize and/or an Additional Prize agrees to sign a Declaration and Release Form to this effect.
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The decisions of the Sponsor in relation to this Contest will be final and binding on all Participants.
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The Sponsor shall not be responsible for incorrect or inaccurate registration of Submissions information, technical malfunctions, lost/delayed data transmission, omission, interruption, deletion, defect, faulty, incomplete, incomprehensible, or erased computer or network transmissions, line failures of any telephone network, failure of computer equipment, software, inability to access any online service or web site, inability to submit the online survey, or any other error or malfunction, or any injury or damage to entrant's or any other person's computer related to or resulting from participation or downloading any materials in this Contest, or for late, lost, stolen, postage due, illegible or misdirected entries.
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The Sponsor reserves the right to cancel, terminate, or suspend this Contest, at its sole discretion, in the event of a technical failure, computer virus or bug, unauthorized human intervention, fraud or any other occurrence or cause beyond its control that corrupts or adversely affects the administration, security, fairness or normal operation of the Contest.
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If a selected Participant is awarded the Prize due to a system error, malfunction or defect the Prize will be returned by the Participant to the Sponsor and, at the Sponsor's sole discretion, will be re-awarded.
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Under no circumstances will the Sponsor, its affiliates, subsidiaries, and independent contractors, and their respective directors, officers, employees, and agents, including advertising and promotion agencies be required to award more Prizes than what is indicated in these Rules or award the Prizes other than in accordance with these Rules.
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The Contest is subject to all Federal, State, Provincial and local laws, as well as the rules adopted in view of said laws. The personal information provided to enter the Contest will be used only to administer the Contest, and for no other reason.
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For Quebec 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 a ruling. Any litigation respecting the awarding of a prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.
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ANY VIOLATION OF THESE OFFICIAL RULES BY ANY ENTRANT WILL RESULT IN SUCH ENTRANT'S DISQUALIFICATION AS A POTENTIAL WINNER OF THIS CONTEST. Upon receipt of a prize, Prize Winner is required to comply with any and all applicable federal, state provincial and local laws, rules and regulations.
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Past experience has confirmed that contests and other competitions generate substantially similar submissions or entries which closely resemble concepts and ideas that have been independently developed by the Sponsor before or after the Contest. Accordingly, entrants may subsequently see a presentation which seemingly incorporates an idea or concept or includes materials similar to that contained in their Submitted Video. Any similarity is purely coincidental and unavoidable in light of the volume of ideas which the Sponsor routinely consider in the course of their program development. Because of this possibility, entrants hereby agree to submit their video under the following terms and conditions: (i) that the Sponsor may use any ideas, concepts, material, or expression in whole or in part, contained in a Submitted Video; (ii) that all materials submitted become the property of the Sponsor; (iii) entrants have obtained all rights, permissions and licenses necessary to use the Submitted Video for any purpose; (iv) that no Submitted Video, or any part thereof, infringes any trademark or copyright or otherwise violates anyone's right of privacy or publicity; (v) by submitting a video, entrants consent to the Sponsor exhibiting such video in all media in perpetuity; (vi) entrants indemnify and hold harmless the Sponsor and its respective heirs, executors, assigns and designees from any claims, suits, losses damages and expenses (including reasonable attorneys' fees) that arise from any breach of these Official Rules or from any and all claims and demands arising out of or in connection with the use of such Submitted Videos, including, without limitation, any claims for copyright infringement, defamation or invasion or privacy. Only Submitted Videos that are submitted in accordance with all applicable rules governing this Contest will be eligible for selection. All entrants agree to the foregoing and in addition agree to provide, upon request of the Sponsor, any documentation and releases necessary to prove their unrestricted ownership in all materials contained in their Submitted Video and the Sponsor's right to use such materials without limitation for any purpose, without any compensation. Participants further agree to assign all right, title and interest in all material to the Sponsor and agree to sign such documentation as is necessary to formalize this assignment. Without limiting the foregoing, Participants acknowledge and agree that the Sponsor is under no obligation to use any materials submitted by Participants in connection with the Contest.
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Notwithstanding the foregoing, Participants agree: (i) that their Submitted Video may be used by the Sponsor in whole or in part for any purpose whatsoever without any compensation; and (ii) to hereby grant to Sponsor the exclusive, irrevocable right and license to exhibit, broadcast, copy, reproduce, encode, compress, encrypt, incorporate data into, edit, broadcast, rebroadcast, transmit, record, publicly perform, create derivative works of, and distribute and synchronize in timed relation to visual elements, the materials contained in their Submitted Video and/or any portions or excerpts thereof, in any manner, an unlimited number of times, in any and all media, now known or hereafter devised, throughout the world, in perpetuity.
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GENERAL CONDITIONS
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The Contest is governed by the laws of the Province of Ontario, Canada. Participants in the Contest hereby consent to the exclusive jurisdiction of those laws for any causes or controversies arising out of the Contest. Each Participant waives any and all objections to jurisdiction and venue in these courts. All federal, provincial, state and local laws and regulations apply. Void where prohibited or restricted by law.
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WINNERS LIST
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For a copy of the Winner List or Official Rules, send a self addressed stamped envelope to: Where the %@&# Did I Park??!! Contest (Summer '09), c/o Xpressions Inc., 29 Falkland Place, Richmond Hill, ON, L4C 9P3, CANADA. All requests must be received by Dec. 31, 2009. Please note on the front left hand corner of your outer envelope that you are requesting the name of the "Winner".
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Contact us at info@4carfinder.com
© 2007-2010 Xpressions Inc and VisionQuest Innovations. VisionQuest CarFinder and related marks, images and symbols are exclusive properties and trademarks of Xpressions Inc and VisionQuest Innovations. BlackBerry and RIM families of related marks, images and symbols are exclusive properties and trademarks of Research In Motion Limited and are used under license. Bluetooth and related marks, images and symbols are exclusive properties and trademarks of Bluetooth SIG.
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