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Terms and Conditions ("Terms")
Revised Effective 4/8/2008
IMPORTANT - BY USING ANY OF OUR WEBSITES (The "SITES") INCLUDING BY TAKING ANY ACTION OR CLICKING ON ANY CHECKBOX OR LINK TO AFFIRMATIVELY INDICATE THAT YOU ACCEPT OUR TERMS AND INCLUDING WHEN YOU INTERACT OR SUBMIT ANY INFORMATION OR DOWNLOAD ANY MATERIAL FROM THE SITE TO YOUR COMPUTER OR MOBILE DEVICE, YOU AGREE TO BE BOUND BY THESE TERMS.
These Terms are the terms of an agreement ("Agreement") between you and NationalTelephoneAdvisory.com (the "Company") which govern your subscription to our service, and your use of any of the Sites in connection with our subscription service, including submissions of information to the Sites and all Downloads (as defined below) from the Sites of any content to your computer or mobile device (collectively, the "Service").
By your use of the Services you represent that (a) you have read and understood this Agreement and agree to be bound by its Terms, (b) you are the person or entity responsible for the wireless account associated with the cell number provided, (c) you are responsible for all services used through that wireless account, and (d) you are at least 16 years of age.
If you do not agree to be bound by (or cannot comply with) any of the terms and conditions of this Agreement, do not continue the subscription process.
NOTICE
The Company, in its sole discretion, may from time to time amend, supplement or modify the Terms and will post a copy of such amended Agreement on this website. If you do not agree to be bound by (or cannot comply with) the Agreement as amended, you agree that your sole remedy is to cease using the Service by texting "STOP" to XXXXX (shortcode). Your continued use of the Service constitutes your agreement to be bound by the amended Agreement.
DESCRIPTION OF SERVICE The Service is available via supported wireless devices, making available to you and / or automatically sending to your mobile device pursuant to your subscription some or all of the following content: downloadable data, messages, chat services, information and mobile entertainment, such as ringtones, voice mail, games and graphics (collectively, the "Downloads").8
USE OF SERVICE You agree that you will not allow unauthorized individuals to use your account as identified by your cellular phone number.
You agree to indemnify and hold harmless, the Company, its partners, parents, subsidiaries, agents, affiliates, and/or licensors as well as officers, directors, and employees of the foregoing, as applicable against any improper, unauthorized or illegal uses of your account.
The Company shall be entitled to rely on the assumption that the person or entity responsible for the wireless account for mobile handset to which content is downloaded is responsible for all use of the Service through that wireless account. The Company is not obligated to issue refunds to persons or entities claiming that they did not authorize the use of their wireless account to receive a Download.
You acknowledge that certain Downloads accessible via the Service will only be supported by certain types of wireless device. For example, to download a polyphonic ringtone, you must have a wireless device that (a) supports polyphonic ringtones, (b) supports text messaging, and (c) has a plan that supports wireless Internet access. Similarly, to download a monophonic ringtone, your wireless device must support monophonic ringtones and your plan must support text messaging. If you attempt to download any Download that cannot be supported by your wireless device, or if you or subscribe to any subscription plan involving automatically sending any Download that cannot be supported by your wireless device, you agree that you will not be entitled to any refunds or credits. If you fail to receive a Download because of network congestion or unavailability, you may contact the Company at cahelp@sms-helpdesk.com, and the Company will redeliver such Download. In no event will the Company provide any refunds to you for the inability to download any Downloads.
You may use the Services only in accordance with the Terms of this Agreement and any amendments, as well as any additional terms that may be presented in connection with any particular feature or function of the Service from time to time.
The Services are for your personal use. You understand and agree that you may not transmit or re-transmit, broadcast or re-broadcast or make any commercial use of the Service, including the Downloads. For example, you may not copy or distribute the Service or the Downloads in any manner not expressly authorized by the Service.
You may not attempt (or authorize, encourage or support others' attempts) to circumvent, reverse engineer, decrypt, break or otherwise alter or interfere with the Service, including the Downloads. You agree to advise the Company promptly of any such unauthorized use(s) or attempt(s). You understand and acknowledge that the Downloads made available as part of the Service are owned or licensed by the Company or its affiliates.
The Company grants you a limited, non-exclusive, non-transferable, revocable right to download the Downloads to your compatible device solely for your own non-commercial use. You understand and agree that you may not download, reproduce, modify, display, perform, transfer, distribute or otherwise use the Downloads except as expressly provided in this Agreement. You understand and agree that you may not authorize, encourage or allow any Downloads used or obtained by you to be reproduced, modified, displayed, performed, transferred, distributed or otherwise used by any other party, and you agree that you will take all reasonable steps to prevent any unauthorized reproduction and/or other use of them.
Please direct any questions concerning the Service to the Company's Customer Service department by e-mail to: cahelp@sms-helpdesk.com or phone 18888466939.
CHARGES / BILLING
By requesting a Download or subscribing to any paid Services, you authorize your wireless carrier to charge appropriate fees directly to your wireless service bill.
You agree that your wireless carrier is authorized to collect any applicable taxes and impose any applicable premium surcharges that may apply to the use of certain features of the Service.
The Company may include in the Service the ability for you to make electronic purchases. You acknowledge and agree that any submissions you make for electronic purchases constitute your intent and agreement to be bound by these Terms and any additional terms in relation to such purchases. You may withdraw your consent to enter into such electronic agreements by giving written notice to the Company. To the extent that such electronic purchases are offered to you by a third party, you acknowledge that the Company shall not be responsible or liable to you for those third party products or services purchased by you.
OBJECTIONABLE OR EXPLICIT CONTENT
You agree that the Company is not responsible to you for any content or materials contained in all or part of any Download or any other aspect of the Services that you might find objectionable.
INTERNATIONAL CONSIDERATIONS
Currently, the Services are only available to residents of the Canada. You understand and acknowledge that you may not sign up for, access, or attempt to access or use the Services from countries outside of Canada. You agree to abide by Canada and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a national destination or person prohibited under such laws.
COOKIES
The Company allows the use of cookies, similar to an Internet browser. This allows the Company to set cookies for you when you view any of the Site's content, unless you have disabled cookies. If you have disabled cookies, you may be asked to login each time you access the features and some Company services may not function properly.
COPYRIGHT INFORMATION
The Services, including the Downloads, and portions of them, may contain or comprise copyrighted and/or proprietary subject matter. Your rights with respect to your use of the same are governed by the Terms of this Agreement, all applicable laws, including but not limited to intellectual property laws, and any applicable end-user license agreements. Your use of the Service and the Downloads is under license; you will not obtain any ownership rights in the Service or Downloads through this Agreement.
NOTICES
The Company respects the intellectual property rights of others, and it expects you to do the same. If you know of or suspect that any use of the Services or the Downloads constitutes copyright infringement, please send a notice to the Company's Customer Service department by email to cahelp@sms-helpdesk.com. The notice must contain the following information: (a) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf; (b) description of the copyrighted work(s) that is/are allegedly being infringed; (c) the location of the allegedly infringed work(s); (d) your current contact information (e.g. address, phone number, and email address); (e) a statement that you have a "good faith belief" that the use of the complained-of copyrighted work(s) is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you signed under penalty of perjury that all the information you provide in the notice is accurate and that you are the copyright owner or a person authorized to act on the copyright owner's behalf (all of this collectively is a "Notice").
VIOLATION OF INTELLECTUAL PROPERTY RIGHTS
If the Company (a) receives a Notice alleging that you have engaged in infringing behavior or (b) reasonably suspects that your use of the Services or the Downloads violates the intellectual property rights of the Company or others, the Company may, in its sole discretion, suspend or terminate your account with or without notice to you. If the Company suspends or terminates your account under this paragraph, it shall have no liability or responsibility to you, and the Company will not refund any portion of your fees charged to date.
TRADEMARK
All trademarks, service marks, trade names, domain names, slogans, logos, and other indicia of origin that appear on or in connection with the Service are the property of the Company and/or its affiliates, licensors and/or licensees. You may not copy, display or use any of these marks without prior written permission of the mark owner.
PROMOTIONS AND ADVERTISING
The Company and/or its business partners may present advertisements and promotional materials on or through the Service. Your participation in any Company promotional event is subject to the terms and conditions associated with that event. Your correspondence or business dealings with, or participation in promotions of, any third-party advertisers on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third-party. You acknowledge that neither the Company nor its business partners shall be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings with third parties.
LINKS TO THIRD-PARTY SITES
The Service may present links to retailers and/or other third-party websites not owned or operated by the Company. These links are provided only as a convenience to you. Neither the Company nor its business partners are responsible for the availability of these third party sites or the content on those sites. You acknowledge that neither the Company nor its business partners are responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content of any such site or goods or services available through any such site. You should direct any concerns regarding these third-party sites to those sites' administrators.
MODIFICATIONS TO SERVICE
The Company reserves the right from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice to you. You agree that neither the Company nor its affiliates or licensors shall be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
REMEDIES
You understand and agree that any unauthorized use of the Service or the Downloads would result in irreparable injury to the Company and/or its affiliates or licensors for which money damages would be inadequate, and in such event the Company, its affiliates and/or licensors, as applicable, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you. Nothing contained in this paragraph or elsewhere in this Agreement shall be construed to limit remedies or relief available pursuant to statutory or other claims that the Company, its affiliates and/or licensors may have under separate legal authority, including but not limited to, any claim for intellectual property infringement.
INDEMNITY
You agree to indemnify and hold harmless the Company, its agents, employees, representatives, licensors, affiliates, parents, subsidiaries and all officers, directors and employees of the foregoing from and against any and all claims, actions, demands, causes of action and other proceedings arising from or concerning your use of the Service (collectively "Claims"), and to reimburse them on demand for any losses, costs, judgments, fees, fines and other expenses they incur (including attorneys' fees and court costs) as a result of any Claims.
TERMINATION, CANCELLATION AND PLAN CHANGES
The Company may in its sole discretion terminate this Agreement or suspend your account at any time with or without notice to you if you breach (or if the Company reasonably suspects that you have breached) any provision of this Agreement. If the Company terminates this Agreement, or suspends your account for any of the reasons set forth in this paragraph, it shall have no liability or responsibility to you, and the Company will not refund any portion of any fees paid by you for the use of the Services. You understand and agree that your cancellation of your account is your sole right and remedy with respect to any dispute with the Company. This includes, but is not limited to, any dispute related to or arising out of: (a) any term of this Agreement or the Company's enforcement or application of the same; (b) any policy or practice of the Company, including its Privacy Policy, or the Company's enforcement or application of these policies; (c) the Downloads; (d) your use of and/or ability to access and use the Services; and (e) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.
The Company will not refund any fees, if it turns out that the requested ringtone is not compatible with your handset. It is your responsibility to test if your phone is compatible with monophonic, polyphonic and/or true tone ringtones.
DISCLAIMERS
You understand and agree that your use of the Services and the Downloads is at your own sole risk. THE SERVICES AND THE DOWNLOADS ARE PROVIDED "AS IS" AND WITHOUT WARRANTY BY THE COMPANY OR ITS AGENTS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, BUSINESS PARTNERS AND/OR SUPPLIERS (THE "COMPANY'S ENTITIES"), AS APPLICABLE, AND, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE COMPANYAND THE COMPANY'S ENTITIES, AS APPLICABLE, EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NONINFRINGEMENT OF THIRD PARTY RIGHTS. THERE IS NO WARRANTY THAT THE SERVICES OR THE DOWNLOADS WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS TO THE SAME WILL BE UNINTERRUPTED OR ERROR-FREE. THE COMPANY AND/OR THE COMPANY'S ENTITIES, AS APPLICABLE, DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE OR THE DOWNLOADS WITH RESPECT TO PERFORMANCE, ACCURACY, RELIABILITY, SECURITY CAPABILITY, CURRENTNESS OR OTHERWISE. YOU WILL NOT HOLD THE COMPANY AND/OR THE COMPANY'S ENTITIES, AS APPLICABLE, RESPONSIBLE FOR ANY DAMAGES THAT RESULT FROM YOU ACCESSING THE SERVICES OR USING THE SERVICES, AND/OR THE DOWNLOADS INCLUDING, BUT NOT LIMITED TO, ANY INFECTIONS OR CONTAMINATIONS OF YOUR DEVICES YOU USE TO ACCESS THE SAME OR TO TRANSFER DOWNLOADS THAT MAY RESULT FROM THAT USE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PERSON SHALL CREATE A WARRANTY IN ANY WAY WHATSOEVER RELATING TO THE COMPANY AND/OR THE COMPANY'S ENTITIES AS APPLICABLE.
UNDER NO CIRCUMSTANCES SHALL THE COMPANY AND/OR THE COMPANY'S ENTITIES AS APPLICABLE, BE LIABLE FOR ANY UNAUTHORIZED USE OF THE SERVICES AND/OR THE DOWNLOADS.
UNDER NO CIRCUMSTANCES SHALL THE COMPANYAND/OR THE COMPANY'S ENTITIES AS APPLICABLE, BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES AND/OR THE DOWNLOADS, EVEN IF THE COMPANY AND/OR THE COMPANY'S ENTITIES AS APPLICABLE, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. TO THE EXTENT THAT IN A PARTICULAR CIRCUMSTANCE ANY DISCLAIMER OR LIMITATION ON DAMAGES OR LIABILITY SET FORTH HEREIN IS PROHIBITED BY APPLICABLE LAW, THEN, INSTEAD OF THE PROVISIONS HEREOF IN SUCH PARTICULAR CIRCUMSTANCE, THE COMPANY AND/OR THE COMPANY'S ENTITIES AS APPLICABLE, SHALL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND/OR LIMITATIONS ON DAMAGES AND LIABILITY AVAILABLE AT LAW OR IN EQUITY BY SUCH APPLICABLE LAW IN SUCH PARTICULAR CIRCUMSTANCE, AND IN NO EVENT SHALL SUCH DAMAGES OR LIABILITY EXCEED $100.
LAW AND LEGAL NOTICES
This Agreement and any other terms or documents presented on the Sites during your registration or referred to herein represent your entire agreement with the Company with respect to your use of the Services. You understand and agree that, except as expressly set forth herein, this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The Company's failure to pursue any available claim or defense pursuant to this Agreement will not be a waiver of such claim or defense. The headings used in this Agreement are for convenience only, and will have no effect on the interpretation or legal enforceability of the terms herein.
Auction Official Rules
NO PURCHASE NECESSARY. MAKING A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE RESTRICTED OR PROHIBITED BY LAW.
Overview:
You are entering a promotion which is set up in the style of an auction, whereby entrants will be invited to place bids (the "Bid") on an item (the "Prize"). The entrant who has the "Lowest Unique Bid", as hereinafter defined, will be named the "Successful Bidder", and, will win the Prize. The Lowest Unique Bid is defined as the lowest bid in Canadian dollars and cents for the Prize that is closest to one cent ($.01), but which has not been selected by another entrant. Bids are used to solely determine the winner, and as a winner, you are not required to purchase or pay shipping charges on the Prize.
Eligibility:
The "BidandWin" Sweepstakes (the "Promotion") is open to legal residents of Canada (excluding Quebec) who are 18 years of age or older at the time of entry. Any entrant who is under the age of legal majority in his or her province (a "Minor") should get his or her parent's or legal guardian's permission to enter. Employees, officers and directors of Sponsor, their affiliates, subsidiaries, agents and advertising and promotion agencies involved with this Promotion, as well as their immediate family members (defined as parents, spouse, children, siblings and grandparents) and those living in the same household of each such employee, officer and director are not eligible to enter. In case of dispute as to the identity of any entrant, entry will be declared made by the authorized account holder of the wireless phone or the email address used to submit a Bid at the time of entry. Sponsor may ask any Successful Bidder or Chosen Winner (see "Winning" paragraph, below) to provide Sponsor with proof that such party is the authorized account holder of the wireless phone or email address associated with the Lowest Unique Bid.
Timing:
Sweepstakes begins on 7/1/11 at 12:00:01 AM Pacific Time ("PT"), and ends on 06/30/12 at 11:59:59 PM, PT (the "Promotion Period"). A "month" begins at 12:00:01 AM PT on the first calendar day of a month and ends at 11:59:59 PM PT on the last calendar day of the month. A "day" begins at 12:00:01 AM PT and ends 24 hours later at 11:59:59 PM PT. The Sponsor's Computer is the official time keeping device for the Promotion.
Participation:
Each Participant must first register at http://ca.bidandwin.com/ or by responding to an online advertisement and following the directions included in the advertisement. If you wish to participate in the Promotion via text messaging, you must complete the cell phone number field. If you wish to participate via the Internet, you must complete the registration form.
- Participation by Text Message: Text Method Participation is an automatically renewing subscription plan of the BidandWin Weekly Amazing Facts. With your weekly subscription you will receive up to twenty (20) Bids per day and a weekly mobile content with no advertisements. The weekly fee for text participation is $5.00, which will be billed to your wireless phone bill. The Sponsor will automatically renew your participation each week on the anniversary of your original (first) day of your participation in the Promotion. On that renewal day your wireless phone bill will automatically be charged $5.00 for your subscription into the weekly BidandWin Amazing Facts Plan. If you have a pre-paid account, charges will automatically be deducted from that account. You will then be allowed to submit a Bid on auction items - up to 20 Bids per day by using your cell phone. The weekly charge will appear on your wireless phone bill for each week that you remain a member (whether or not you actually participate during that week). Should you participate for a portion of a week you nevertheless agree to pay for the full weekly amount. For customer care, please email . By signing up for this service and by entering your personal PIN Code which will be sent to the cell phone number supplied by you on this website, or by sending a unique keyword to 22900 you acknowledge that you are subscribing to our service. Your phone must have text messaging capability. You must be the owner of this device, be a legal Canadian resident and either be at least eighteen years old or have the permission of your parent or guardian. All plans are subject to the Terms and Conditions posted on the ca.bidandwin.com website. You may stop this subscription service at any time by sending a text message with STOP or ARRET, to short code 22900. For information, text HELP or AIDE to 22900 or call . The BidandWin Service is billed at Fido Solutions, TELUS Mobility, Rogers Wireless, SaskTel Mobility, Aliant Mobility/Bell Mobility, NorthernTel Mobility, MTS Mobility, Virgin Mobile Canada and Telebec Mobilite.
- Free Method of Entry: To participate in the Promotion without subscribing to the weekly BidandWin Amazing Facts Plan, visit ca.bidandwin.com, complete the online registration form and follow the instructions to place your Bids.
Entrants are limited to placing a total of twenty (20) Bids per day, regardless of method of entry (whether by SMS Entry, Web Entry, or any combination of SMS entry and Web Entry). Bids, once made, become the sole property of Sponsor.
Bidding:
Bids may only consist of positive whole numbers not including 0 (e.g., no fractions, decimals or negative numbers). All Bids received by Sponsor during the Promotion Period will have a chance to be the Lowest Unique Bid. To place a Bid by cell phone, simply text the word corresponding to the Prize on which you are bidding and the numeral representing your Bid, without punctuation. For example, if the dollar amount of your Bid is $1.68 text "168" or sign-in to your account at ca.bidandwin.com, click on the prize on which you would like to Bid and enter your Bid in the entry field.
Notification from Sponsor:
A few minutes after you submit a Bid you will receive a notification from Sponsor. The notification will inform you of the status of your Bid in relation to all other Bids that have been received. If you submitted an SMS Entry your notification will be sent via SMS to your wireless phone from the Sponsor. If you submitted an Internet entry, your notification will happen within a few seconds on the web interface. Regular carrier charges for SMS may apply in connection with notifications from Sponsor. During the Promotion Period, Sponsor, at its discretion, may send entrants additional notifications concerning auction status.
Winning:
The Successful Bidder shall be identified by Sponsor, at the end of the Promotion Period. In the event that there is no Lowest Unique Bid, and, therefore, no Successful Bidder, Sponsor will choose a winner randomly from among all eligible entries received, who will become the "Chosen Winner". Each bid will be treated as an eligible entry. The Successful Bidder, or Chosen Winner, (collectively to be referred to as "Winner"), will be notified by SMS, email, or telephone. The potential Winner must correctly answer a three (3) part mathematical question as a test of skill before they will be declared a winner. The Winner must comply with all terms and conditions of these Official Rules. The Sponsor reserves the right to request a photograph and testimonial from each Winner before awarding the Prize. The Winner (or a parent/legal guardian, if the Winner is a Minor in his/her province) must sign and return to Sponsor, within fourteen (14) days of first attempted notification, a Declaration of Eligibility, a Liability Release, and except where prohibited, a Publicity Release (collectively, the "Releases"), in order to receive the Prize. If the Winner cannot be contacted within ten (10) days after the first attempt, or if he/she fails to sign and return the Releases and provide a picture with a testimonial within the allotted time period, an alternate entrant will be selected by identifying the next Lowest Unique Bid, or by a second random drawing. This process will continue until a valid Successful Bidder or Chosen Winner is found that complies with all required terms and conditions. Odds of winning the Prize depend on the number of eligible Bids received.
Monthly Guaranteed Prizes:
During each month of the Promotion, Auction Prizes in the following categories may be offered: Home Audio, Cell Phones/PDA's/GPS, Computers, Digital Cameras, MP3 players, Video Gaming and Accessories, General Merchandise, Travel, or Gift Cards. The particular prizes for any month will be determined by Sponsor in its sole discretion. The total Approximate Retail Value ("ARV") of the prizes offered will be between $4,000 and $ 10,000 per month. There is a limit of one Auction Prize per person, household, family, cell phone number, email address or Account within each consecutive 30 day period.
Odds:
The odds of winning any Auction Prize depends on the number of eligible Bids submitted for that Auction Prize and the amount of each Bid. No substitution or transfer of prize is permitted, and no cash equivalent for any prize is offered, except at the sole discretion of the Sponsor. Sponsor reserves the right to issue a Gift Card to a retailer of Sponsor's choice or cash in the form of a check for any auction item. Sponsor may also substitute a prize of equal or greater value, due to unavailability or circumstances beyond Sponsor's reasonable control.
General Conditions:
All federal, provincial, and local laws, rules, and regulations apply. Participation in the Promotion and acceptance of the Prize constitutes Winner's permission for Sponsor to use his/her name, address (city and province), likeness, photograph, picture, portrait, voice, biographical information and/or any statements made by Winner regarding the Promotion or Sponsor for advertising and promotional purposes without notice or additional compensation, in any media now known or hereafter developed (including posting Winner's name on the Internet), except where prohibited by law. By participating, all entrants and Winners agree to release and hold harmless the Sponsor, its advertising and promotion agencies and their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors, from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with participation in the Promotion, or possession, acceptance and/or use or misuse of any Prize offered, or for any claims based on publicity rights, defamation, invasion of privacy or merchandise delivery. Entrants who do not comply with these Official Rules or attempt to interfere with the Promotion in any way shall be disqualified. Sponsor is not responsible for any printing, typographical, mechanical, human or other errors in these Official Rules, in the administration of the Promotion, in the announcement of the Prizes, and/or in any advertising or other associated promotional materials in connection with the Promotion. Fido Solutions, TELUS Mobility, Rogers Wireless, SaskTel Mobility, Aliant Mobility / Bell Mobility, NorthernTel Mobility, MTS Mobility, Virgin Mobile Canada and Telebec Mobilite and/or each of their respective subsidiaries, affiliates, shareholders, officers, directors, agents, representatives and employees are not sponsors of this Promotion, and none of the above-listed entities will have any liability or responsibility for any claim arising in connection with participation in this Promotion or any prize awarded.
All entrants acknowledge the acceptance of and compliance with these Official Rules including all eligibility requirements included herein. Sponsor is not responsible for entries that are incomplete, lost, delayed, and/or misdirected, or for typographical errors in the rules or any problems or technical malfunctions, human error, lost/delayed data transmission, omission, interruption, deletion, defect, line failures of any telephone network, cellular telephone related or otherwise, computer on-line systems, servers or providers, computer equipment, software, failure on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof, including injury or damage to Entrant's or to any other person's computer or telephone related to or resulting from participating or downloading materials contained in the Promotion. If for any reason the Promotion is not capable of running as planned, including, without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other cause beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, Sponsor may choose, in its sole discretion to cancel, terminate, modify or suspend the Promotion. Should the Promotion be terminated or cancelled prior to the stated expiration date, notice will be posted on the Sponsor's Website, and any entries received prior to the termination or cancellation will be included in each of the stated drawings. Sponsor reserve the right at their sole discretion to disqualify any individual they find to be tampering with the entry process or the operation of the Promotion (or any website associated therewith), or to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten, or harass any other person. Further, the use of any robotic system, agent, automated entry devices, and/or other programs and/or software to submit entries in connection with this Promotion is prohibited and will result in disqualification.
Caution:
ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAW AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR AND THEIR DESIGNEES RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT PERMITTED BY LAW.
Winner's List/Official Rules:
For the names of winners and/or a hard copy of these Official Rules, send a stamped, self addressed envelope by 12/31/08 to: BidandWin Canada Sweepstakes, PO Box 25497, Rochester, NY 14625 USA. Please indicate Rules Request or Winner Confirmation on the outside of envelope.
Independent Sweepstakes Administrator:
US Sweepstakes & Fulfillment Company, 625 Panorama Trail, Bldg. 2, Suite 100, Rochester, NY 14615 USA
Sponsor:
Bidandwin Canada, 2700 Colorado Ave. Suite 450, Santa Monica CA 90404 USA
Fido Solutions, TELUS Mobility, Rogers Wireless, SaskTel Mobility, Aliant Mobility / Bell Mobility, NorthernTel Mobility, MTS Mobility, Virgin Mobile Canada and Telebec Mobilite are not participants in or Sponsors of this promotion.
Void Where Prohibited
