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OFFICIAL CONTEST RULES PLEASE ALSO READ THE GENERAL TERMS AND CONDITIONS WHICH APPLY TO SUBSCRIPTION TO ALL OF OUR SERVICES, INCLUDING CONTESTS. The following sets forth the official contest rules (the “Contest Rules”) for any contests (each, a “Contest”, and collectively, the “Contests”) operated by 2waytraffic Mobile USA, Inc. (the “Provider”) (in cooperation with various wireless carriers) through its word puzzle and/or trivia question game service. NO PURCHASE IS NECESSARY. HOWEVER, MOST OF THE SERVICES INVOLVE SUBSCRIPTIONS, FOR WHICH PAYMENTS OF $1.25 PER GAME (AMOUNT SUBJECT TO CHANGE) PLUS STANDARD CARRIER MESSAGING FEES WILL BE PAID TO THE PROVIDER VIA YOUR MOBILE COMMUNICATIONS CARRIER OR INTERNET SERVICE PROVIDER (“ISP”). THE CONTESTS ARE OPEN ONLY TO LEGAL RESIDENTS OF CANADA (EXCLUDING THE PROVINCE OF QUEBEC). PARTICIPANTS MUST BE OF THE AGE OF MAJORITY IN THEIR PROVINCE OR TERRITORY OF RESIDENCE OR OLDER AT THE TIME OF ENTRY. VOID IN WHOLE OR PART WHERE PROHIBITED BY LAW. BY PARTICIPATING IN ANY OF THE CONTESTS, ENTRANT AGREES TO BE BOUND BY THESE CONTEST RULES, THE GENERAL TERMS AND CONDITIONS LOCATED ON PROVIDER’S WEBSITE AT http://www.smsgameon.com/canada.html (THE “CONTEST WEBSITE”), AND ALL DECISIONS OF PROVIDER WITH RESPECT TO THE CONTEST RULES AND THE OPERATION AND ADMINISTRATION OF THE CONTESTS, INCLUDING WITHOUT LIMITATION, THE SELECTION OF THE WINNERS. 1. DESCRIPTION OF SKILLS CONTESTS The Contests consist of one or more skills contests in which the winners are determined based on their knowledge and/or skill in certain subject matters. Entrants can participate in these Contests by means of short message service (“SMS”) (hereinafter referred to as the “Services”) that the Provider supplies to entrants through third-party mobile communications carriers, or by e-mail through ISPs. The Contests are for entertainment purposes only and may not be used for any form of gambling or wagering. The Contests may include monthly and yearly games involving multiple players. Contests involve puzzles or trivia question games requiring knowledge of a variety of subjects, and the puzzles and/or questions may increase in difficulty over the period of a Contest until a winner is determined. The Contests are sponsored and administered by Provider. In order to participate in the Contests through the Services, entrants must have access to mobile communications service in Canada provided by one of the following carriers: Virgin Mobile, Sasktel Mobility, MTS Mobility, Rogers Wireless (including Videotron), Bell Mobility (including Aliant, NorthernTel, Telebec), Fido (division of Rogers Wireless), Telus Mobility (including Amp’d) (each, a “Carrier”), or such other Carriers approved by Provider from time to time, and agree to the terms and conditions relating to use of such mobile communications services. Unless you utilize the E-mail Entry option described below, you will be required to pay a fee of one dollar and 25 cents (CDN $1.25) per game, which shall be charged to you by your Carrier. Carriers may also charge entrants either a fee per sent or delivered message, or a monthly fee, depending on the Carrier, to participate in the Contests offered during a particular month. Check with your Carrier for the specific fees that are charged. YOU MUST PAY ALL FEES CHARGED BY YOUR CARRIER ASSOCIATED WITH YOUR USE OF THE SERVICES, THE CONTESTS AND OTHERWISE AS DETERMINED BY THE PROVIDER AND YOUR CARRIER. 2. ELIGIBILITY The Contests are open only to persons who, at the time of entry, are: (a) legal residents of, and are physically present in, Canada (excluding the province of Quebec); and (b) the age of majority or older in his/her province or territory of residence at the time of entry. The Contests are void where prohibited by law, and individuals from an excluded area are not eligible to enter. In order to be eligible to participate in a Contest that requires the submission of any copyrighted work, including any essay submitted with an E-mail Entry (described below) (the “Work”), the entrant must be the sole owner of all right, title and interest (including copyright) in and to the Work. In order to be eligible to participate in a Contest and/or a prize that requires travel outside of Canada, the entrant must be legally able to travel outside of Canada and must have any and all necessary documentation as may be required for presentation to Canadian and/or international customs and airport personnel. Employees of Provider, and any advertising and promotional agencies involved with the Contests, and each of their respective parent companies, subsidiaries, divisions, affiliates and related companies, and any household members of the same residence of such employees are not eligible to enter the Contests, participate or win any prizes. Provider, in its sole discretion, may disqualify any entrant from participating in the Contests, refuse to award points or prizes, and require the return of any prizes, if an entrant engages in any conduct Provider deems to be improper, unfair or otherwise adverse to the operation of the Contests or detrimental to other entrants. Such improper conduct includes, but is not limited to, falsifying personal information required during Contest registration or prize claim, violating any term or condition of these Contest Rules or the General Terms and Conditions, accumulating points or prizes through methods such as automated computer scripts or other programming techniques, allowing others to use the entrant's personal information for the purpose of accumulating points or prizes, tampering with Provider's administration of the Contests, or intentionally trying to defraud, reverse engineer, disassemble, decompile or otherwise tamper with the computer programs on the Contest Website. Each entrant further acknowledges that the forfeiture of prize(s) and/or return of any prize(s) shall in no way prevent Provider from pursuing other avenues of recourse such as criminal or civil proceedings in connection with such conduct. 3. HOW TO ENTER CONTESTS; HOW TO UNSUBSCRIBE To enter the Contests, use one of the methods of entry described below. No entries will be accepted by any other means. (A) You may enter the Contests by ensuring that you are signed up for service with one of the Carriers and by first subscribing for the Services sponsored by Provider. You may subscribe by clicking on the “Sign up now!” link at the Contest Website, playing the online game and entering your mobile telephone number. Or, you may also subscribe by playing one of the online games and entering your mobile telephone number at one of the various Provider mini-pages on the Internet. You may also subscribe by texting the word GAME to 33233 and playing the game provided. If you respond, you are automatically entered in the Contest for the applicable Contest Period (described in Section 4 below). All of the methods of entry described in this paragraph are hereinafter each referred to as an “SMS Entry”. After subscribing you will receive your first game for a fee of $1.25, and you will automatically continue to receive a game every day for as long as you are subscribed, each for a fee of $1.25. Answer the puzzle or question by texting in A or B (or, if you wish to play an extra game that day for a fee of $1.25, include the word “YES” in front of your answer - so YES A or YES B - to accept the extra charge of $1.25). Text your answer to the short code 33233. When we receive your answer we will send you the result of the game you have just played and, if you have not told us “YES”, we will still offer you to play an extra game of the day. To be eligible to enter the tiebreaker round for a given month, you must answer at least five (5) games correctly, and all five (5) correct answers must be received by Provider by 7:00 p.m. EST on the last day of that calendar month. If you have answered five (5) answers correctly, you will receive a message at the end of the month indicating that you are eligible for the tiebreaker round. (B) You may also enter the Contests with NO PURCHASE NECESSARY by sending an e-mail to nopurchasenecessary @2waytraffic.com using the subject line: “No Purchase Contest Entry”, and including your name, age, province or territory of residence, and a five hundred (500) word essay about how you think that playing trivia games infuences your daily life and could help others in certain situations (the “E-mail Entry”). You will then receive an e-mail response with five (5) games. To be eligible to enter the tiebreaker round for a given month, you must answer all five (5) games correctly, and Provider must have received your e-mail with all five (5) correct answers by 7:00 p.m. EST on the last day of that calendar month. If you have answered all five (5) answers correctly, you will receive an e-mail at the end of the month indicating that you are eligible for the tiebreaker round. The e-mail address you use for the E-mail Entry will be the same e-mail address used for the tiebreaker round. You may only use one method of entry, and the maximum number of games for either method of entry that you may play per day is capped at five (5). PLEASE NOTE THAT IF YOU ENTER A CONTEST AFTER THE CONTEST PERIOD HAS COMMENCED, YOU MAY HAVE FEWER OPPORTUNITIES TO EARN POINTS THAN OTHER ENTRANTS. YOU CAN MAXIMIZE YOUR CHANCES OF QUALIFYING FOR THE TIEBREAKER ROUND BY BEGINNING A MONTHLY CONTEST AT THE FIRST OF THAT MONTH. THERE WILL BE NO ADJUSTMENTS MADE BASED ON THE TIME OR DATE AN ENTRANT STARTS PARTICIPATING IN A CONTEST. For SMS Entires, if you want to unsubscribe from the Services, you can use any of the following options at any time: (A) By sending a text message Send a text message with the word STOP to 33233. You will be unsubscribed from the Service immediately and you will receive a confirmation message. (B) By sending an e-mail Send an e-mail via our customer care e-mail form located at http://www.smsgameon.com/canadasupport.html. Within 24 hours you will be unsubscribed from the Services (exception on weekend days, in which case you will be unsubscribed on the following Monday). (C) By calling our service number You can telephone our support number 1-800-301-4217 to receive additional automated information and leave a voicemail. Within 24 hours you will be unsubscribed from the service (exception on weekend days, in which case you will be unsubscribed on the following Monday). SMS Entries shall be deemed to have been made by the authorized account holder of the mobile telephone account from which the winning entries were submitted. In this paragraph, “authorized account holder" of a mobile telephone account is defined as the natural person who is assigned to the account by the Carrier or mobile communications provider. Winning entrants may be required to provide Provider with proof that the winning entrant is the authorized account holder of the mobile telephone account associated with the winning entry. E-mail Entries shall be deemed to be submitted by the authorized account holder of the e-mail address associated with the entry. In this paragraph, “authorized account holder" of an e-mail address is defined as the natural person who is assigned to an e-mail address by an ISP or other organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Winning entrants may be required to provide Provider with proof that the winning entrant is the authorized account holder of the e-mail address associated with the winning entry. All entries and responses, including the Work if applicable, become the sole property of Provider and none will be returned for any reason. Entries must be received by Provider during the applicable Contest Period and during the designated daily time limits. Entries and/or responses will be declared invalid if they are late, illegible, incomplete, damaged, irregular, mutilated, forged, garbled or mechanically or electronically reproduced. YOUR ENTRY AND PARTICIPATION IN ANY OF THE CONTESTS CONSTITUTES YOUR ACKNOWLEDGMENT AND AGREEMENT THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE CONTEST RULES AND THE GENERAL TERMS AND CONDITIONS AND AGREE TO BE BOUND BY ANY DECISIONS OF PROVIDER WITH RESPECT TO THE INTERPRETATION Of THE CONTEST RULES OR THE OPERATION OR ADMINISTRATION OF THE CONTESTS. 4. CONTEST PERIODS Contests will be offered on monthly and yearly basis. Monthly Contests will be based on the calendar month and a tiebreaker round will be held on the last day of each calendar month. Yearly Contests will be based on the calendar year and a tiebreaker round will be held on the last day of the calendar year, December 31. All Contest periods and times are based on Eastern Standard Time (“EST”). These periods are referred to collectively herein as the “Contest Periods”. Provider has the right to adjust the Contest Periods in its sole discretion by posting new Contest Periods on the Contest Website. 5. SELECTION OF WINNERS Winners will be determined purely on the basis of their skills and the speed with which a mathematical skill-testing question is answered correctly. The odds of winning depend on the number of eligible entrants in the Contest and the number of entrants that become finalists (described below). The following methods will be used to determine winners in each of the Contests: Monthly Contests (January-November): Each entrant will earn one (1) point for each question answered correctly or puzzle solved correctly during the month. All of the entrants that have earned at least five (5) points by 7:00 p.m. EST on the last day of the calendar month and are still subscribed to the Service at the end of that calendar month will be declared finalists. There will be a tiebreaker round beginning at 8:00 p.m. EST on the last day of the calendar month among all finalists. The tiebreaker question will be a time-limited mathematical skill-testing question. The finalist who correctly answers the skill-testing question the fastest will be declared the monthly winner. The mathematical skill-testing question will be administered through SMS for entrants who have entered via SMS Entry, and through e-mail for entrants who have entered via E-mail Entry. Each finalist shall be required to correctly answer the mathematical skill-testing question without assistance of any kind, whether mechanical or otherwise. In the event that no finalist correctly answers the mathematical skill-testing question, additional skill-testing questions will be administered immediately until one finalist is declared the winner. Yearly Contest: Each entrant will earn one (1) point for each question answered correctly or puzzle solved correctly during the calendar year. The entrants that have earned at least five (5) points during the course of the year and are still subscribed to the Service at the end of the calendar year by 7:00 p.m. EST on December 31st will be declared finalists and will enter in to the yearly tiebreaker on the last day of the calendar year – December 31, beginning at 8:00 p.m EST. The tiebreaker question will be a time-limited mathematical skill-testing question. The finalist who correctly answers the skill-testing question the fastest will be declared the yearly winner. The mathematical skill-testing question will be administered through SMS for entrants who have entered via SMS Entry, and through e-mail for entrants who have entered via E-mail Entry. Each finalist shall be required to correctly answer the mathematical skill-testing question without assistance of any kind, whether mechanical or otherwise. In the event that no finalist correctly answers the mathematical skill-testing question, additional skill-testing questions will be administered immediately until one finalist is declared the winner. The decisions of Provider with respect to the determination of the finalists and winners shall be final and not subject to appeal. Provider reserves the right to award more than one (1) prize for each Contest. In a case where more than one (1) prize is to be awarded, the additional prize(s) will be awarded to the entrant who has correctly answered all of the games with the second-fastest time for the particular Contest. Winners will be notified by phone using the phone number provided by the winner in the when subscribing through SMS Entry, or via e-mail using the e-mail address used when entered via the E-mail Entry. If the winner cannot be reached by phone or e-mail, whichever the case may be, within fifteen (15) days of selecting a winner, Provider reserves the right to select the finalist who has correctly answered the skill-testing question the second-fastest as the alternate winner. All winners will be required to confirm his/her acceptance of the prize. Provider shall require potential winners to sign an affidavit of eligibility, a liability release and a publicity release (a “Release”), within ten (10) business days of notification as a condition to receiving a prize. In the event of non-compliance with this requirement, the Provider shall select an alternate winner as described above. Each winner’s name will be posted on the Contest Website at the link “Winners and Prizes”. 6. PRIZES Prizes for each monthly Contest will consist of items such as electronics devices and gift cards and will have an approximate retail value of between one hundred dollars (CDN $100.00) and five hundred dollars (CDN $500.00). The Prize for the yearly Contest will have an approximate value of fifteen thousand dollars (CDN $15,000.00). Detailed information about the specific prize (each, a “Prize” and collectively “Prizes”) to be awarded to the winners of each monthly Contest and the yearly Contest will be provided on the Contest Website at the link Prizes and winners http://www.smsgameon.com/canadawinners.html, on Contest advertisements and in SMS messages to those who have entered via SMS Entry. Prizes will be distributed within six (6) weeks after Provider receives the executed Release. Provider reserves the right, in its sole discretion, to substitute a prize of equal or greater value if a Prize (or any portion thereof) cannot be awarded for any reason. Prizes must be accepted as awarded and cannot be transferred, assigned, substituted or redeemed for cash, except at the sole discretion of Provider. Any unused portion of a Prize will be forfeited and will have no cash value. 7. DISCLAIMERS RELATING TO CONTEST/LIMITATION OF LIABILITY Provider is not responsible for lost, late or misdirected SMS messages, E-mail Entries or any other communications or transactions, for incorrect, inaccurate or incomplete entry information whether caused by an entrant, equipment, or technical malfunction or for any human error, technical error or malfunctions. Provider is not responsible for any problems or technical malfunction of any cellular or telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any SMS message, e-mail or transaction to be received on account of technical problems or traffic congestion in wireless networks, on the Internet or at any website, or any combination thereof, including any injury or damage to entrant's or any other person's computer related to or resulting from participation or downloading any materials in the Contests. If for any reason any of the Contests are not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Provider or any of the Carriers or ISPs which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contests, Provider reserves the right, at its sole discretion, to cancel, terminate, modify or suspend any or all of the Contests. PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WRITTEN OR ORAL, RELATING TO THE CONTESTS OR THE PRIZES AWARDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. 8. RELEASE By participating in the Contests, each entrant releases, and waive any rights of recovery against or in connection with Provider and any Carrier providing access to the Contest or Services, and any of their respective parents, subsidiaries, related companies, affiliates, enterprises, functionaries, contractors, agents, representatives, directors, officers, and employees (the “Releasees”) from and against any claims, expenses, losses, injury, damages and/or liability incurred by entrant in connection with or related to the operation of, or participation in the Contests, the use or misuse of the Prizes, or participation in any Prize-related activity. By participating in the Contests, each winner agrees that his or her name, province or territory of residence and any statements made relating to the Contests may be used by Provider for any and all commercial purposes in any and all media, whether now known or hereafter devised, without further permission or compensation, including, without limitation, in any advertising or broadcasting material relating to the Contests, except where prohibited by law. 9. INDEMNIFICATION BY ENTRANT By entering the Contest, entrant releases and holds Releasees harmless from any and all liability for any injuries, loss or damage of any kind to the entrant 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 any Prize, participation in the Contest, any breach of the Contest Rules, or in any Prize-related activity. The entrant agrees to fully indemnify Releasees from any and all claims by third parties relating to the Contest, without limitation. 10. PRIZE / CONTEST RULES / WINNERS INFORMATION For Prize information, winner information or an additional copy of the Contest Rules, send a self-addressed, stamped envelope to: 2waytraffic Mobile USA, Inc. 55 Washington Street, Suite 822, Brooklyn , NY 11201. Specify “Prizes”, “Winners List” and/or “Contest Rules”. You may also find descriptions of the Prizes, the names of the winners and the Contest Rules at the Contest Website. 11. PRIVACY/USE OF PERSONAL INFORMATION By participating in the Contest, entrant: (i) grants to Provider the right to use his/her personal information including his/her name, mailing address, cellular telephone number and e-mail address (“Personal Information”) for the purpose of administering the Contest, including but not limited to contacting and announcing the winners; (ii) grants to Provider the right to use his/her Personal Information for publicity and promotional purposes relating to the Contest, in any and all media now known or hereafter devised, without further compensation unless prohibited by law; and (iii) acknowledges that Provider may disclose his/her Personal Information to third-party Carriers, agents and service providers of Provider or Carriers in connection with any of the activities listed in (i) and (ii) above. Provider will use the entrant’s Personal Information only for identified purposes, and protect the entrant’s Personal Information in a manner that is consistent with Provider’s Privacy Policy at: http://www.smsgameon.com/canadaprivacypolicy.html 12. RIGHTS CLEARANCE By providing any Work to the Sponsors in connection with the Contest (such as an essay submitted with an E-mail Entry), each entrant shall retain all right, title and interest (including copyright) in and to the Work, and shall grant to Provider a worldwide, royalty-free, irrevocable, and exclusive licence to copy, use, modify, reproduce, display, adapt and transmit the Work for use in all media now known or hereafter devised in perpetuity beginning on the date of entry, including, but not limited to, in connection with the administration, promotion and exploitation of the Contest. The entrant hereby confirms that the Work is an original work, solely created by the entrant, and that no third party participated as an author, co-author, photographer or otherwise in the creation of the Work or any part thereof. Provider assumes no responsibility for any claims of infringement of rights to copyright, privacy and/or personality or defamation, and all such liability shall remain with the entrant. In addition, each entrant represents to Provider that the Work do not infringe any copyright interest of any third party and that the Work is not defamatory or obscene and does not violate any laws relating to hate speech or otherwise. Provider reserves the right to exclude any Work on the basis of concerns relating to the rights of third parties, including but not limited to privacy, copyright, defamation, rights of personality, obscenity or hate speech, as determined by Provider in its sole discretion. 13. GENERAL Provider reserves the right, in its sole discretion, to terminate the Contest, in whole or in part, and/or modify, amend or suspend the Contest, and/or the Contest Rules in any way, at any time, for any reason without prior notice and without liability. These Contest Rules shall be interpreted in accordance with the laws of Ontario and federal law applicable therein. Except as set forth in the first sentence of this paragraph, any controversy or claim arising out of or relating to the Contests, whether asserted in contract, tort, statute, or otherwise (including whether or not such controversies or claims are arbitral) shall be heard by an arbitrator or court located in Toronto, Ontario, Canada, or otherwise as determined by the Provider, in its sole discretion. If any provision of these Contest Rules should ever be held to be invalid or unenforceable, such invalid or unenforceable provision(s) shall be revised to the extent permitted under law to make it enforceable, and shall not affect any other provisions of these Contest Rules, and such other provisions shall continue in full force and effect. Provider is not related to or affiliated in any way with any of the manufacturers of the Prizes awarded hereunder, unless specifically stated. All federal, provincial and/or municipal laws and regulations apply. The Contests are void in the province of Quebec and elsewhere as prohibited by law. |
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