Mutemath Contest
THE Mutemath
Contest (THE “CONTEST”)
IS INTENDED TO BE CONDUCTED IN CANADA AND SHALL ONLY BE CONSTRUED AND
EVALUATED ACCORDING TO CANADIAN LAW. THE CONTEST IS OPEN TO LEGAL
RESIDENTS OF CANADA ONLY. NO PURCHASE IS NECESSARY. VOID
IN WHOLE OR PART WHERE PROHIBITED BY LAW. ENTRY IN THIS CONTEST
CONSTITUTES ACCEPTANCE OF THESE CONTEST RULES.
1. ELIGIBILITY. To be eligible for this Contest, an individual
must:
a. be a legal resident in Canada;
b. be of the age of majority in his/her
province of residence or older at time of entry and have internet access.
Any participants under the age of majority must have a parent or legal
guardian sign on their behalf all necessary documentation in respect
of this Contest, including entry forms, waivers and releases;
Employees of m:30 and Warner Music Canada Co. ("Sponsors"), their affiliates, subsidiaries,
advertising and promotional agencies, judges of the Contest and the
household members or immediate family of any of the above, are not eligible
to participate in the Contest. In these Contest Rules, "immediate
family" means husband, wife, spouse, mother, father, brothers,
sisters, sons and daughters, whether or not they reside in the same
household. This Contest is void where prohibited by law.
2. DEADLINES FOR ENTRY. The Contest begins at 11:00
am Eastern Standard Time (“E.S.T”)
on Thursday, April 19,
2007 and closes at 10:00 am E.S.T.
on Thursday, May 31, 2007 (the "Contest Period").
3. HOW TO ENTER. To be eligible to win the prize as indicated, enter on-line at m30.ca. Several Mutemath HTML banners have been created and entrants may copy and paste the banners to personal community sites (MySpace, Xanga, Tagworld, LiveJournal, email messages, etc.). Each time someone clicks the banner on your personal page, they will be directed to the contest page and the entrant will receive points. After the deadline date, the entrants that have accumulated the most points will be eligible to receive the applicable prizes. No purchase necessary. The contest will begin on April 19th, 2007 and end on May 31st, 2007.
a. Limit of one (1) Entry per person
per household. Multiple Entries by the same person using one or more
email addresses shall result in disqualification. All Entries must be
submitted no later than the end of the Entry Period. All Entries become
the property of the Sponsors. Entries will only be accepted via Internet.
No Entries will be accepted by any other means. Incomplete, late or
garbled Entries will be disqualified.
b. Entries
will be declared made by the authorized holder of the email account.
Potential Winners may be requested to provide Sponsors with proof of
identification and eligibility (birth date) and proof that the potential
Winner is the authorized holder of the email account associated with
the winning entry.
4. WINNER SELECTION.
The Winner shall
be selected as follows:
a. On Thursday, May 31st, 2007 in Toronto,
Ontario at 10:00 pm E.S.T, Entrants accumulating the most points will
be declared a winner (“Winner”) and be eligible for Prizes. Each
Entrant shall be eligible to win only one Prize. The odds of being selected
as a Winner are dependent upon the number of eligible Entries received.
Winner will be required to answer, without assistance of any kind, whether
mechanical or otherwise, a time-limited mathematical skill-testing question
during a pre-arranged telephone call, and to comply with all the Contest
Rules. The Prizes are not transferable or convertible to cash and must
be accepted exactly as awarded. Prizes may not be exactly as shown
or indicated and the Sponsors reserve the right to substitute the Prizes
in their sole discretion.
b. The judges, at their absolute discretion,
shall select the Winner based upon the above criteria. All decisions
of the judges will be final and binding and may not be challenged in
any way.
c. Only the
winning Entrants will be notified by email and/or phone. The Sponsors
reserve the right, in their sole discretion, to contact additional Entrants
if the Winner(s) cannot be contacted or are not eligible, having been
contacted. THE SELECTED WINNERS WILL BE NOTIFIED BY PHONE or EMAIL NO
LATER THAN June 5th, 2007 at 5:00 pm E.S.T. Upon notification, the
selected Winner must respond by telephone to the contact number provided
in the notification and the selected Winner’s response must be received
by Sponsors within two (2) business days of such notification. If the
selected Winner does not respond in accordance with the Contest Rules
or the selected Winner does not comply with the Contest Rules, he/she
will be disqualified and will not receive a Prize and another Winner
will be selected. Sponsors are not responsible for the failure for any
reason whatsoever of selected Winner to receive notification or for
Sponsors to receive a selected Winner’s response.
d. Each selected
Winner will be required to execute a legal agreement and release (“Release”)
that confirms the Winner’s: (i) eligibility for the Contest and compliance
with these Contest Rules; (ii) acceptance of the Prize as offered; (ii)
responsibilities; (iii) release of each of the Sponsors and their respective
parent companies, subsidiaries, affiliates, employees directors, officers,
suppliers, agents, sponsors and Administrators from any and all liability
for any loss, harm, damages, cost or expense arising out of participation
in this Contest, participation in any Contest-related activity or the
acceptance, use, or mis-use of any Prize including without limitation,
costs, injuries, losses related to personal injuries, death, damage
to, loss or destruction of property, rights of publicity or privacy,
defamation, or portrayal in a false light, or from any and all claims
of third parties arising therefrom; and (iv) grant to Sponsors of the
unrestricted right, in the Sponsors, collective or individual discretion,
to publish without any further compensation the name, picture, portrait,
likeness, audio-video recording, interview, voice and ideas and any
web site dissemination or broadcast thereof of that Entrant for
advertising and promotional purposes. The executed Release must be returned
within two (2) business days of the notification or the selected Entrant
will be disqualified and any Prize forfeited.
5. PRIZES.
25
First Prizes:
Limited edition numbered poster of Mutemath
Mutemath T-shirt Mutemath Compact Disc
Mutemath DVD
Approx value - $100.00
25 Second Prizes:
Limited edition numbered poster of Mutemath
Mutemath T-shirt Mutemath DVD
Approx value - $80.00
50 Third Prizes:
Limited edition numbered poster of Mutemath
Approx value – $30.00
In the sole discretion of the Sponsors,
Prizes may be mailed to the Winner(s), or made available for pick-up
at a specified location, although the Sponsors shall have no liability
or responsibility whatsoever for Prizes lost in the mail, not received
by the Winner(s), or not available for pick-up at the specified location,
for any reason, including negligence on the part of the Sponsors.
6. GENERAL CONDITIONS.
a. All Entries become property of the Sponsors upon receipt and no correspondence will be entered into except with selected Entrants.
b. Any attempt
to deliberately damage the Contest Website or any related website, or
to undermine the legitimate operation of this Contest is a violation
of criminal and civil laws and, should such an attempt be made, Sponsors
reserve the right to seek remedies and damages to the fullest extent
permitted by law, including criminal prosecution.
c. Entries are
subject to verification and will be declared invalid if they are illegible,
incomplete, mutilated, forged, falsified, altered or tampered with in
any way.
7. INDEMNIFICATION
BY ENTRANTS. By entering the
Contest, Entrant (a) releases and holds harmless Sponsors and their
respective directors, officers, employees, parent companies, subsidiaries,
affiliates, suppliers, sponsors and agents from any and all liability
for any injuries, loss or damage of any kind to the Applicant 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 this Contest,
any breach of these Contest Rules, or in any Prize-related activity;
and (b) agrees to fully indemnify Sponsors and their respective directors,
officers, employees, parent companies, subsidiaries, affiliates, suppliers,
sponsors and agents from any and all claims by third parties relating
to the Contest, without limitation.
8. CONDUCT.
By entering this Contest, Entrants agree to be bound by these Contest
Rules, which will be posted at the Contest Website throughout the Contest.
Entrants further agree to be bound by the decisions of the judges, which
shall be final and binding in all respects. Sponsors reserve the right,
in their sole discretion, to disqualify any Entrant it finds to be:
(a) violating the Contest Rules; (b) tampering or attempting to tamper
with the entry process or the operation of the Contest, the Contest Website, or any Sponsor Web site
(c) violating the terms of service, conditions or use and/or general
rules or guidelines of any Sponsor property or service, or (d) acting
in an unsportsman-like or disruptive manner, or with intent to annoy,
abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT BY
AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE
OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION
OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSORS
RESERVE THE RIGHT TO IMMEDIATELY TERMINATE ANY RELEVANT E-MAIL OR INTERNET
ACCOUNT, AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT
PERMITTED BY LAW.
9. LIMITATION OF LIABILITY. Sponsors assume no responsibility or liability
for lost, late, misdirected or incomplete Entries, notifications, responses,
replies, or any Release or for any computer, online, telephone, hardware,
software or technical malfunctions that may occur (including but not
limited to malfunctions that may affect the transmission or non-transmission
of an Entry). Sponsors are not responsible 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 administration of the
Contest. Sponsors assume no responsibility for any error, omission,
interruption, deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction or unauthorized access
to, or alteration of, Entries. Sponsors are not responsible for any
problems, failures or technical malfunction of any telephone network
or lines, computer online systems, servers, providers, computer equipment,
software, e-mail, players, or browsers, on account of technical problems
or traffic congestion on the Internet, at any website, or on account
of any combination of the foregoing. Sponsors are not responsible for
any injury or damage to Entrants or to any computer related to or resulting
from participating or downloading materials in this Contest. If the
Contest cannot be conducted as planned for any reason, including reasons
beyond the control of the Sponsors, Sponsors reserve the right in their
sole discretion to cancel, terminate, modify or suspend the Contest,
including infection by computer virus, bugs, tampering, unauthorized
intervention, fraud, technical failures, or any other causes beyond
the control of Sponsors which corrupt or affect the administration,
security, fairness, integrity or proper conduct of this Contest, canada.com
and the Sponsors reserve the right in their sole discretion to cancel,
terminate, modify or suspend the Contest. Winners assume liability for
injuries caused or claimed to be caused by participating in the contest,
or by the acceptance, possession, use of, or failure to receive any
Prize.
10. RELEASE
/ PRIVACY / USE OF APPLICANT INFORMATION.
By entering this Contest, Participant agrees to (a) use of Participant's
personal information by the Sponsors for the purposes of administering
the Contest and awarding Prizes; (b) execute a Release as described
in the these Contest Rules; and (c) the use by Sponsors of the Participant’s
personal and other information, in a manner consistent with Warner Music
Canada’s Privacy Policy
at: http://www.warnermusic.ca
11. WINNERS
LIST. The names of all Winners
and their respective city of residence will be posted on the Contest
Website.
12. TERMINATION. Sponsors reserve the right to amend or terminate
all or any portion of this Contest at any time for any reason without
prior notice.
13. INTELLECTUAL
PROPERTY. All intellectual
property and all of the promotional materials, web pages and source
code are owned by Sponsors and/or their affiliates. All rights are reserved.
Copying or unauthorized use of any copyrighted material or trademarks
without the express written consent of its owner is strictly prohibited.
TRADE MARKS are trade marks and design marks of Trade Mark Owner used
under license.
14.
LAWS. These are official Contest
Rules. This Contest is subject to federal, provincial and municipal
laws and regulations. These Contest rules are subject to change without
notice in order to comply with any applicable federal, provincial and
municipal laws or the policy of any other entity having jurisdiction
over the Sponsors.
15. TERMINATION: Subject
to the jurisdiction of the Régie des alcools, des
16. FOR RESIDENTS OF QUEBEC, any
litigation respecting the conduct or
organisation of a publicity contest may be submitted to the Régie des
alcools, des courses et des jeux for a ruling. For residents of
Quebec, 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.