BLACKBERRY TORONTO RAPTORS PLAYOFF CONTEST
OFFICIAL CONTEST RULES AND REGULATIONS (“Official Rules”)
NO PURCHASE NECESSARY. THIS CONTEST IS SUBJECT TO ALL APPLICABLE FEDERAL, PROVINCIAL AND MUNICIPAL LAWS AND REGULATIONS AND IS VOID WHERE PROHIBITED BY LAW. PARTICIPATION IN THIS CONTEST CONSTITUTES FULL AND UNCONDITIONAL AGREEMENT WITH AND ACCEPTANCE OF THESE OFFICIAL RULES.
(1) CONTEST PERIOD: The Blackberry Toronto Raptors Playoff Contest (the “Contest”) begins at 12:00 p.m. ET on May 27, 2016 and ends at 8:30 p.m. ET on May 27, 2016 (or the official beginning of Game 6 of Round 3 of the Toronto Raptors 2016 NBA Playoffs whichever is earlier) (altogether, the “Contest Period”).
The Contest is only open to legal residents of Ontario who are eighteen (18) years of age or older at the time of entry (each an “Entrant”). Employees and the immediate families (including those with whom they are domiciled) of Research in Motion Ltd, d.b.a Blackberry (the “Contest Sponsors”), Maple Leaf Sports & Entertainment Partnership and Maple Leaf Sports & Entertainment Ltd. and their affiliates (collectively, “MLSE”), the Toronto Raptors, the National Basketball Association and its member teams (“NBA”), NBA Media Ventures, LLC, NBATV, LLC, NBA Properties, Inc. (collectively the “NBA Entities”), Twitter Inc., and each of their respective parents, governors, subsidiaries, affiliates, directors, officers, shareholders and agents (altogether the “Released Parties”) are not eligible to enter the Contest. For purposes of this Contest, “immediate family members” shall include the mother, father, brothers, sisters, daughters, sons, partner or spouse of an individual (regardless of where any such “immediate family member” resides).
(3) HOW TO ENTER: NO PURCHASE NECESSARY. To enter the Contest, each Entrant must:
- be a follower of @BlackBerry on Twitter;
- compose a tweet that:
- Answers the question: “How many 3-point shots will the Raptors make tonight in Game 6?”;
- Includes the Contest hashtags #PRIV and #TeamBlackBerry;
- Complies with Twitter’s character restrictions (140 characters per tweet)
(a “Contest Tweet”); and
- post the Contest Tweet during Contest Period, i.e. before Game 6 starts (resulting in one (1) “Entry”).
There is a limit of one (1) Entry per person during the Contest Period.
Only Entries received prior to the end of the Contest Period will be eligible to win a Prize.
All Entries will be declared invalid if they are late, illegible, incomplete, damaged, irregular, forged, garbled or mechanically or electronically reproduced. If it is discovered by the Contest Sponsors (using any evidence or other information made available to, or otherwise discovered by, the Contest Sponsors) that any person has attempted to use multiple names, identities, email addresses and/or any automated, macro, script, robotic or other system(s) or program(s) to enter the Contest more than once or to otherwise participate in or disrupt this Contest, he/she may be disqualified from the Contest, and any future contests of the Contest Sponsors, in the sole discretion of the Contest Sponsors.
The Contest Sponsors reserve the right, in their sole discretion, to require proof of identity and/or eligibility (in a form acceptable to the Contest Sponsors – including, without limitation, government issued photo identification): (i) for the purposes of verifying an Entrant’s eligibility to participate in this Contest; (ii) for the purposes of verifying the eligibility and/or legitimacy of an Entry entered (or purportedly entered) for the purposes of this Contest; and/or (iii) for any other reason the Contest Sponsors deem necessary, in their sole discretion, for the purposes of administering this Contest in accordance with these Official Rules. Failure to provide such proof to the satisfaction of the Contest Sponsors in a timely manner may result in disqualification of the Entrant, in the sole discretion of the Contest Sponsors.
The potential winner of the Prize (the “Selected Entrant”) may also be requested to provide the Contest Sponsors with reasonable proof that his/she is the Authorized Account Holder of the Twitter account associated with the potentially winning Entry. In the event of a dispute regarding the identity of the person submitting an Entry, the Entry will be deemed to be submitted by the Authorized Account Holder in whose name the Twitter account is registered, provided that person meets all other eligibility criteria of this Contest. “Authorized Account Holder” shall mean the natural person assigned to an email address and/or telephone number by an Internet access provider, online service provider, telephone service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address (a valid email address is required to register for a Twitter account).
All Entries shall become the property of the Contest Sponsors and none shall be returned.
By entering the Contest, each Entrant agrees to be bound by the Official Rules and the decisions of Contest Sponsors, which are final with respect to all matters relating to the Contest.
(4) PRIZES: There is one (1) prize available to be won during the Contest (the “Prize”), which consists of one (1) Blackberry Priv device (specific make and style in the sole discretion of the Contest Sponsors).
The approximate retail value of the Prize is nine hundred dollars ($900.00 CAD). The Prize Winner is not entitled to any difference between the actual retail value of the Prize and the approximate retail value of the Prize as stated herein.
The Prize must be accepted as awarded, without substitution, and is not transferrable, refundable, for resale or convertible to cash, except in the sole discretion of the Contest Sponsors. The Contest Sponsors reserve the right, in the event that a Prize, or any component of a Prize, cannot be awarded as described for any reason, to substitute the same for another prize or component of equal or greater value, without notice or liability. In the event that a substitute prize is awarded, such prize must be accepted as awarded and cannot be exchanged for cash or otherwise.
The odds of winning the Prize will depend on the number of eligible Entries received during the Contest Period.
(5) WINNER SELECTION:
On May 28, 2016, one (1) Entrant will be selected by random draw from amongst all eligible Entries received during the Contest Period at the head offices of the Contest Sponsors. The Selected Entrant will be contacted by the Contest Sponsors via Direct Messaging through Twitter following his/her selection. If the Selected Entrant cannot be contacted or fails to respond within twenty-four (24) hours of the first attempt of contact by the Contest Sponsors, he/she will be considered to have forfeited his/her Prize and will be disqualified and another Entrant may be selected, in the sole discretion of the Contest Sponsors, from the remaining eligible Entries until such time as contact is made with a Selected Entrant, there are no more eligible Entries, or there is insufficient time to award the Prize, whichever comes first. In the event that an alternate Entrant is required to be selected, this same “Winner Selection” process will apply to such alternate Entrant. The Contest Sponsors will not be responsible for failed attempts to contact a Selected Entrant.
No telephone contact, Direct Messaging or other correspondence will be entered into in connection with this Contest, except with the Selected Entrant.
(6) CLAIMING YOUR PRIZE
Upon successful contact with the Selected Entrant via Direct Messaging on Twitter, that Selected Entrant will be required to provide certain contact information, as requested by the Contest Sponsors (e.g. full name, age, daytime telephone number, email address), to confirm his/her identity and eligibility. To be declared a winner (“Winner”), the Selected Entrant must answer correctly, without assistance of any kind, whether mechanical or otherwise, a mathematical skill-testing question posed in a format of the Contest Sponsors’ choosing. The Selected Entrant and his/her guest will also be required to sign a Declaration, Release and Waiver Form (the “Release Form”) confirming compliance with the Official Rules, acceptance of the Prize as awarded, without substitution, and releasing the Released Parties from any liability in connection with the Prize or the Contest.
If the Selected Entrant does not meet all of the Contest requirements, fails to correctly answer the skill-testing question, refuses to provide the contact information requested by the Contest Sponsors or does not sign and return the Release Form to the Contest Sponsors, that Selected Entrant will forfeit his/her Prize and the Contest Sponsors shall be entitled (but not obligated) to select another Entrant from the remaining eligible Entries until such time as contact is made with an Entrant or there are no more eligible Entries, whichever comes first. This process may continue until the Prize has been awarded or there is insufficient time to permit the awarding of the Prize. The Contest Sponsors are not responsible, whether as a result of human error or otherwise, for any failure to contact any Selected Entrant.
The Contest Sponsors will contact the Winner following receipt of his/her signed Release Form to arrange for delivery of his/her Prize.
In the event of a conflict between the Official Rules and any instructions or interpretations of these Official Rules given by an employee of the Contest Sponsors regarding the Contest, these Official Rules shall prevail. In the event of any discrepancy or inconsistency between the terms and conditions of these Official Rules and disclosures or other statements contained in any Contest-related materials, the terms and conditions of these Official Rules shall prevail, govern and control.
By submitting an Entry into this Contest, each Entrant confirms his or her understanding of and compliance with these Official Rules. Each Entrant, and his/her representatives, heirs, next of kin or assignees (“Entrant’s Representatives”), hereby releases and holds the Released Parties harmless from any and all liability for any injuries, loss or damage of any kind to the Entrant, Entrant’s Representatives or any other person, including personal injury, death or property damage, resulting in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of the Prize, participation in the Contest, any breach of the Official Rules, or in any Prize-related activity. The Entrant and Entrant’s Representatives agree to fully indemnify the Released Parties from any and all claims by third parties relating to the Contest, without limitation.
(8) LIMITATION OF LIABILITY
None of the Released Parties assumes any liability for any incorrect or inaccurate information, whether caused by website users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in the processing of Entries in the Contest, the selection of Winners or for any printing or other errors in any Contest materials. The Released Parties assume no responsibility for any error, omission, tampering, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or authorized access to, or alteration of Entries. The Released Parties are not responsible for any problems, viruses or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or Direct Messaging on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to Entrants or to any other person’s computer related to or resulting from participating or downloading materials in the Contest.
None of the Released Parties assumes any liability for any personal injury or property damage or losses of any kind, including without limitation, direct, indirect, consequential, incidental or punitive damages which may be sustained to an Entrant’s or any other person’s computer equipment resulting from an Entrant’s attempt to either participate in the Contest or download any information in connection with participating in the Contest or use of any website. Without limiting the foregoing, everything on any website is provided “as is” without any warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement.
(9) CONTEST ADMINISTRATION
All decisions regarding the Contest remain with the Contest Sponsors. The Contest Sponsors reserve the right, in their sole discretion, to modify, cancel, suspend and/or terminate any or all parts of the Contest for any reason.
The Contest Sponsors reserve the right, in their sole discretion, to disqualify any individual found to be in violation of these Official Rules. The Contest Sponsors reserve the right to refuse an Entry from a person whose eligibility is in question or who has been disqualified or is otherwise ineligible to enter. Any attempt to tamper with the entry process, interfere with these Official Rules, deliberately damage any website or undermine the administration, security or legitimate operation of the Contest, is a violation of criminal and civil laws, and the Contest Sponsors reserve the right to seek damages and/or other relief (including attorneys’ fees) from all persons responsible for such acts to the fullest extent permitted by law, which may include banning or disqualifying Entrants from this and future contests of the Contest Sponsors. In their sole determination, the Contest Sponsors may disqualify any person who acts in any manner to threaten or abuse or harass any person and to void all such person’s associated Entries. The Contest Sponsors reserve the right, in their sole discretion, to terminate or suspend the Contest should fraud, virus, bugs, or other reasons beyond the control of the Contest Sponsors corrupt the security, proper play or administration of the Contest.
(10) PRIVACY AND PUBLICITY RIGHTS
By accepting the Prize, the Winner grants to the Released Parties the right to use his/her name, Twitter use name, biographical information, image, photos and/or likeness and statements for programming, promotion, trade, commercial, advertising and publicity purposes related to this Contest, at any time or times, in all media now known or hereafter discovered, worldwide, including, but not limited to, on television, video, the World Wide Web and Internet, without notice, review or approval and without additional compensation, except where prohibited by law.
(11) GOVERNING LAW
The Contest shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Without limiting the generality of the foregoing, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations as between any person and/or Entrant and the Contest Sponsors in connection with the Contest shall be governed by and construed and interpreted in accordance with the internal laws of the Province of Ontario, Canada, including the procedural provisions of those laws, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction’s laws. The Contest Sponsors and all Entrants hereby attorn to the jurisdiction of the courts of that Province, sitting in the City of Toronto, Ontario, in respect of the determination of any matter, issue or dispute arising under or in respect of these Official Rules and/or the Contest and agree that any such determination shall be brought solely and exclusively before such courts.
The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with the terms as if the invalid or illegal provision were not contained herein.
Any words herein importing the masculine gender shall include the feminine gender and vice versa in both the singular and the plural.
This Contest is not in any manner sponsored, endorsed, administered by or associated with Twitter. You are providing your information to the Contest Sponsors and not to Twitter. By participating in the Contest, each Entrant releases and agrees to indemnify Twitter and hold it harmless from and against any and all costs, claims, damages, (including, without limitation, any special, incidental or consequential damages), or any other injury, whether due to negligence or otherwise, to person(s) or property (including, without limitation, death or violation of any personal rights, such as violation of right of publicity/privacy, libel, or slander), due in whole or in part, directly or indirectly, to participation in the Contest, or arising out of participation in any Contest related or Prize-related activity, or the receipt, enjoyment, participation in, use or misuse, of any Contest or Prize-related activity, whether hosted by Contest Sponsors or a third party.
By entering the Contest, each Entrant acknowledges that MLSE and the NBA Parties are in no way responsible for the administration of the Contest or the selection of winners and that all such responsibility rests with the Contest Sponsors.