OFFICIAL CONTEST RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THESE OFFICIAL RULES APPLY TO THE BLACKBERRY LIVE TWITTER PHOTO CONTEST (“CONTEST”), SPONSORED BY RESEARCH IN MOTION LIMITED D/B/A BLACKBERRY (“SPONSOR”). CONTEST IS ADMINISTERED BY DANIEL J. EDELMAN INC. (“CONTEST ADMINISTRATOR”). BY ENTERING, YOU ARE DEEMED TO HAVE READ, ACCEPTED AND AGREED TO BE BOUND BY THESE OFFICIAL RULES. THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH TWITTER INC. (“TWITTER”).
- CONTEST PERIOD: The Contest begins at 12:00:01 am Eastern Time (“ET”) on May 13, 2013 and ends at 11:59:59 pm ET on May 15, 2013 on (“Contest Period”). The Contest Period will be divided into three (3) separate contest days (collectively, “Contest Days”) as noted in section 3.
- ELIGIBILITY: To be eligible, you must be (a) a registered attendee of the BlackBerry Live 2013 Conference in Orlando, Florida (“Conference”) excluding attendees who registered their attendance as a member of the Press or Media (“Attendee”); (b) of the age of majority in the state of Florida; and, (c) a registered Twitter user. If you have not already registered for your free Twitter account, visit http://www.twitter.com and follow the instructions to sign up.
Employees, contractors, directors and officers of Sponsor, Contest Administrator, Twitter and each of their respective parents, affiliates, subsidiaries, distributors, sales representatives, retailers and advertising, promotion and judging agencies and all other service agencies and providers involved with the Contest, and members of the immediate family (spouse, parent, child, sibling and their respective spouses, regardless of where they reside) and households of each, whether or not related are not eligible to participate or win. Void where prohibited by law.
By entering this Contest, entrants agree to abide by these Official Rules and the decisions of Sponsor and any applicable Contest Judges, which shall be final and binding on all matters relating to this Contest.
- HOW TO ENTER: NO PURCHASE NECESSARY. To enter, take a photo at the Conference and tweet it on one of the Contest Days noted below, along with the hashtags #BBLive and #Photo (“Entry”). There is a limit of one (1) Entry per person and Twitter account per Contest Day. Entries must be tweeted by the entrant him/herself on or before one of the three (3) Entry deadlines noted below to be eligible for the judging for that Contest Day.
Begins Ends Day 1 12:00:01 am ET May 13 2:59pm ET May 13 Day 2 3:00 pm ET May 13 2:59pm ET May 14 Day 3 3:00 pm ET May 14 11:59:59pm ET May 15
Anyone found to be using multiple Twitter accounts to enter the Contest or found to be making multiple Twitter Entries to the Contest will be deemed ineligible and all their Twitter Entries will be void. The authorized account holder of a Twitter account is the natural person who is assigned to the Twitter account by http://www.twitter.com. Each potential winner may be required to show proof of being the authorized account holder.
The use of automated devices or any other mechanism that has the ability to circumvent the proper conduct of this Contest, whether intentional or otherwise, is prohibited. Sponsor reserves the right to disqualify, at its sole discretion, any Entry that appears to benefit from such device, mechanism or any other process that has the ability to subvert the winner selection mechanic. By entering, you agree to members of the public viewing your Entry. You agree that Released Parties, as defined herein, are not responsible for any unauthorized use of Entries by third parties.
Entries must conform to the following Entry Requirements, in Sponsors’ sole discretion, or the Entry may be disqualified:
- Entry cannot be sexually explicit or suggestive, violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain nudity or any inherently dangerous activity;
- Entry cannot promote illegal drugs or firearms (or the use of any of the foregoing), or any activities that may appear unsafe or dangerous, or any particular political agenda or message;
- Entry cannot be obscene or offensive, endorse any form of hate or hate group;
- Entry cannot defame, misrepresent or contain disparaging remarks about Sponsor or their products or services, or other people, products or companies;
- Entry cannot contain trademarks, logos owned by others (except the Assets, as defined herein) or advertise or promote any brand or product of any kind (other than the Assets);
- Entry cannot contain any personal identification, such as license plate numbers, personal names, email addresses or BlackBerry PIN numbers;
- Entry cannot contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media);
- Entry cannot contain names, images, likenesses, photographs, or other indicia that identifies any person, living or dead, without written permission;
- Entry cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; and
- Entry cannot depict, and cannot itself, be in violation of any guideline (including, but not limited to Twitter guidelines), regulation or law.
Any Entries that do not comply with these Official Contest Rules, in the sole opinion of the Sponsor, may be disqualified.
- JUDGING: At approximately 3:30pm on each Contest Day, all eligible Entries received that Contest Day will be judged by Sponsor or its agent. One (1) Entry will be selected each Contest Day as the best photo based on the following equally weighted criteria: creativity, clarity and relevance (“Judging Criteria”). Each selected Entry will be eligible to win a Prize. The selected entrant will be notified by Direct Message within five (5) hours of being selected. The odds of winning a Prize will depend on the number of eligible Entries and how the Entry complies with Judging Criteria.
All prizes must be claimed in person by they selected entrant by 12:00 noon on May 16, 2013 at the Social Media Desk at the Conference. Prizes will only be awarded to verified winners. If a verified winner is not able to attend in person to receive their Prize, Winner will be required to provide Sponsor or its agent with their complete mailing address so the Prize may be mailed to them. In such a case, please allow 4-6 weeks for delivery. Before being declared a winner, an entrant may be required to complete, sign and return an Affidavit of Eligibility/Liability Release and, where lawful, Publicity Release, prior to delivery of the Prize. Sponsor is not responsible for any change of email address, mailing address and/or telephone number of entrants.
If an eligible entrant resides in Canada, before being declared a Winner, he/she will be required to correctly answer a time-limited, mathematical skill-testing question without assistance of any kind, whether mechanical or otherwise, which will be administered by Sponsor or its authorized representative at a pre-arranged mutually convenient time.
- PRIZES: There are three (3) prizes available to be won, one (1) per Contest Day, each consisting of a BlackBerry Q10 smartphone. Approximate Retail Value: $500US. Total approximate retail value of prizes available to be won is $1,500USD.
Activation, airtime, service, accessories and any other costs not specifically identified as included in the Prize are the responsibility of winner. Sponsor and Contest Administrator are not responsible for any third-party products or services you may use with the Prize.
Prizes are not transferrable and must be accepted as awarded with no substitutions in cash or otherwise, except at Sponsors sole discretion. Sponsor reserves the right to substitute a prize of equal or greater monetary value if a prize cannot be awarded as described for any reason. Winners will be solely responsible for any and all applicable federal, provincial/state and local taxes and all other costs and expenses associated with prizes. Sponsor is not liable for any tax implications arising from the prize or Contest. In the event any tax withholding is required by law for any Prize, winners authorize Sponsor to make the corresponding deduction.
- LICENSE FOR ASSETS: Sponsor grants to eligible entrants a limited, revocable, non-sublicensable license to use the BlackBerry and BBM trademarks and logos (collectively, the “Assets”) for the sole purpose of creating and submitting an Entry for participation in this Contest. Entrants may make no further use whatsoever of the Assets or the Entry for any purpose whatsoever. In addition, entrant recognizes all of the rights, title and interest in the Assets shall vest exclusively with Sponsor and entrant may not take, and agrees not to take, any action that might harm or adversely affect Sponsor’s rights. No right, title or interest in and to the Assets, except for the limited license granted to entrant in these Official Rules, is transferred or created.
- LICENSE TO USE: By entering the Contest, each entrant grants to Sponsor an irrevocable, perpetual, royalty-free, transferable license of unlimited right, title and interest in and to his/her Entry, including, but not limited to, all copyright and trademark rights therein and thereto and all renewals and extensions thereof, throughout the universe, in perpetuity, for all purposes, in any and all media, whether now known or hereafter devised.
- INTERNET: Sponsor is not responsible for lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered, or garbled Entries, emails or tweets or for any incorrect or inaccurate Entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error or fraud, which may occur in the processing of the Entries. Sponsor is not responsible for computer system, phone line, hardware, software, cable, satellite, Internet Service Provider (ISP) or program malfunctions, or other errors, failures or delays in computer transmissions or network connections. Sponsor is not responsible for any errors whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to, or in connection with, the Contest including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing of Entries, views, postings and/or shares (as applicable), the announcement of the Prizes, or in any Contest-related materials. Sponsor reserves the right at its sole discretion, to disqualify any individual and void his or her Entry(ies) who tampers with the entry process.
- RIGHT TO CANCEL, TERMINATE, MODIFY OR SUSPEND: If for any reason any aspect of this Contest is not capable of running as planned, including by reason of computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any other cause beyond the control of Sponsor, subject to applicable laws, Sponsor may in its sole discretion cancel, terminate, modify or suspend the Contest, or invalidate any affected Entries. In the event the Contest is cancelled or terminated, Sponsor reserves the right to conduct a random draw from among all eligible Entries received up the time of such action. In the event of such an occurrence Sponsor may post a notice on http://twitter.com/blackberry4biz.
- RELEASE: By entering, and to the extent permitted by applicable laws, entrants agree: (a) to release Sponsor, Contest Administrator, Twitter, and any third party retained by or on behalf of Sponsor for the purposes of executing and administering the Contest and each of their respective parents, affiliates, subsidiaries, retailers, distributors, sales representatives, distributors, advertising, promotion and judging agencies and all other service agencies and providers involved with this Contest and each of their officers, directors, employees and agents (collectively, “Released Parties”) from any and all liability, loss or damage incurred with respect to their participation in the Contest and the awarding, receipt, possession, and/or use or misuse of any Prize; and, (b) that under no circumstances will they be permitted to obtain awards for, and they hereby waive all rights to claim, any punitive, incidental, consequential or other damages including, but not limited to attorneys’ fees or other court costs, other than for actual out-of-pocket expenses.
Any waiver of any obligation here under by Sponsor does not constitute a general waiver of any obligation to entrants. By submitting an Entry, you agree that your Entry is gratuitous and made without restriction and will not place Sponsor under any obligation, and Sponsor is free to disclose the ideas contained in the Entry, on a non-confidential basis, to anyone or otherwise use the ideas without any additional compensation to you. You acknowledge that, by acceptance of your Entry, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees or contractors or obtained from other entrants or sources other than you. Released Parties do not guarantee the posting of any Entry and may remove any Entry at any time.
- GOVERNING LAW: This Contest is governed by, subject to and is to be interpreted, construed and enforced in accordance with the federal, provincial, state, territorial and local laws of Ontario, Canada without regard to conflict of law principles. Any dispute under these Official Rules shall be subject to the non-exclusive jurisdiction of the courts of Ontario, Canada. You irrevocably waive any objection on the grounds of venue, forum non-conveniens or any similar grounds and irrevocably consent to service of process by mail or in any other manner permitted by applicable law and consent to the jurisdiction of the courts of Ontario, Canada. You further hereby waive any right to a trial by jury with respect to any lawsuit or judicial proceeding arising or relating to these Official Rules.
Any provision in these Official Rules which is held to be invalid or unenforceable for any reason by any court, governmental department, body or tribunal, or in any applicable jurisdiction shall be ineffective to the extent of such invalidity or unenforceability and will not invalidate or render unenforceable the remaining provisions hereof and should any provision be held invalid or unenforceable in an applicable jurisdiction such provision shall not be invalidated or rendered unenforceable in any other jurisdiction.
- WINNER LIST: For a list of Winners, send a self-addressed stamped envelope to: BlackBerry Live 2013 Twitter Photo Contest Winner List Request, BlackBerry, 295 Phillip Street, Waterloo, ON Canada N2L 3W8, Attention: BlackBerry Social Media Department. Residents outside of Canada may omit return postage. All requests for Winner Lists must be received on or before June 15, 2013.
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