"WIN YOUR WISHLIST"
Rules & Regulations, Terms & Conditions, Release & Waivers
INTRODUCTION: MySpace is presenting MySpace users an opportunity to download an application that will enable them to surf the web and use these images along with user generated comments to build a “wishlist”. Once built, this will exist on the user’s MySpace profile in order for the user to share virally with friends and family, and will provide users a chance to WIN THEIR WISHLIST (UP TO RETAIL VALUE OF $10,000 CDN).
SPONSOR: The “GiveSmart” Sweepstakes (“Sweepstakes”) is Sponsored by Fox Interactive Media Canada ULC (“MySpace” or “Sponsor”).
PRESENTING SPONSOR: This Sweepstakes is presented by TELUS (NYSE: TU, TSX: T), Vancouver, British Columbia, Canada (“Presenting Sponsor”).
NO PURCHASE NECESSARY TO ENTER OR WIN: A purchase does not improve chance of winning. Sweepstakes is void where prohibited or otherwise restricted by law. Subject to all federal, provincial and local laws. This sweepstakes begins on
Friday, December 05, 2008, and ends on Monday, December 29, 2008 at 3 p.m. EST (the "Promotional Period").
WHO CAN PARTICIPATE? This Sweepstakes is open to all legal residents of Canada (excluding Quebec), who have reached the age of majority in their province of residence at time of entry. Participation in this Sweepstakes constitutes entrant's full and unconditional acceptance of these Official Rules (“Official Rules”).
WHO IS NOT ELIGIBLE TO PARTICIPATE? Employees and their immediate family members (parents, brothers, sisters and children) of Sponsor, Presenting Sponsor, their respective subsidiaries and affiliated businesses and the advertising and promotion agencies of each of these entities are not eligible to enter or win.
WHAT CAN I WIN? (LIMIT) One (1) winner will win merchandise displayed on their wishlist UP TO THE RETAIL VALUE AMOUNT OF $10,000 CDN. Prizing awarded as part of this Sweepstakes will be limited to merchandise. Should the user have services (i.e, trips) listed they will not be awarded.Sponsor will fulfill wishlist to the best of its ability. Should the winner have merchandise valued in excess of that amount displayed on their wishlist, Sponsor reserves the right to select the items to be awarded in order to total as close to $10,000 CDN as possible, without exceeding that amount. Should the winner have merchandise in an amount less than $10,000 CDN, only those items on the wishlist shall be awarded. Sponsor reserves the right to substitute similar merchandise in cases where listed merchandise is no longer available through reasonable channels. Prizes are not exchangeable, transferable or assignable and cannot be redeemed for cash. In the event of unavailability of stated prize(s), Sponsor reserves the right to substitute a prize of equal or greater value. No cash or prize substitution is allowed except at the discretion of Sponsor, who reserves the right in its sole discretion to substitute a prize (or prize component) with one of comparable or greater value.
HOW DO I ENTER?
Step 1 – Download the “TELUS GiveSmart” application to your computer.
Step 2 – After using the application to build a wishlist, post the wishlist to your MySpace profile.
Step 3 – Add TELUS (www.myspace.com/TELUS) as a “friend” to your MySpace profile.
All Internet access and usage charges are the responsibility of the entrant. If for any reason the Internet portion of the Sweepstakes is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, fairness, integrity or proper conduct of the Sweepstakes, Sponsor reserves the right at its sole discretion, to terminate, modify or suspend the Sweepstakes. Sponsor, Presenting Sponsor and their affiliates, parents and subsidiaries (“Sweepstakes Entities”) do not assume responsibility for any problems or technical malfunctions of any telephone network or lines, computer on-line systems, servers or providers, computer equipment, software, failure of any entry to be received by Sponsor on account of technical problems or traffic congestion on the Internet or at any web-site, 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 material (including the TELUS GiveSmart application) in this Sweepstakes. In the event of a dispute, eligible electronic entries will be considered made by authorized account owner of the MySpace profile at the time of entry. Entries generated by robots or scripts are prohibited and considered to be a direct violation of these Official Rules and will result in immediate disqualification of any and all associated entries.
Winner acknowledges that except and to the extent that the Sponsor & Presenting Sponsor cannot by law exempt themselves from responsibility or liability, the Sponsor and Presenting Sponsor have neither made nor are they in any manner responsible or liable for any warranty, condition, representation, or guarantee described herein; including, but not limited to, warranties and conditions with respect to quality, merchantability, condition or fitness for use of any prizes or prize components. All warranties and conditions are hereby disclaimed, and the winner will accept the prize "as is".
HOW DO I WIN? All of the “friends” of the TELUS profile will be assigned numbers, which will be input into a random number generator. Potential winner will be selected on or about December 29, 2008 by random drawing witnessed by executives of the Sponsor. Upon random selection of first friend, Sponsor will verify installation of “TELUS GiveSmart” application on user’s profile. Friends of TELUS profile will continue to be drawn until the first one is found with the application installed. In order to win a prize, a winning entrant must correctly answer, unaided, a mathematical skill testing question to be administered by telephone. The odds of winning a prize will be determined by the number of eligible entries received. Information on winner will be available at myspace.com/youraudienceishere on or about January 14, 2009. The potential winner will be notified with a message to their MySpace page, and an email to the associated email account. If a winner declines to accept a prize, or in the event that a prize or prize notification is returned as undelivered, the selected entrant will be disqualified and the Sponsor may elect, at its own discretion, to select an alternate entrant. By accepting the prize, winner acknowledges that he/she is eligible to claim a prize and grants permission to Sponsor and Presenting Sponsor to use winner's name, age, city, province, photograph, image or likeness for advertising and promotional purposes in any form of media whatsoever without additional compensation or approval (where lawful).
GENERAL: The prize winner must claim the prize by responding to the prize notification e-mail with the information requested, which is necessary to validate eligibility and deliver the prize. This will be the email that is associated with the winner’s MySpace profile. Winning entrant will be required to sign a release form confirming compliance with these Official Rules, acceptance of the prize as awarded and the waiver of any liability. Failure to claim the prize and/or return the executed release form within thirty (30) days of prize notification will result in the prize being forfeited by the winner. Sponsor, at its discretion, may or may not award a forfeited prize to another entrant. Winner assumes the risk of safe arrival of prize. Sweepstakes Entities are not responsible for lost, misdirected or stolen mail, unsafe or damaged arrival of a prize. Sweepstakes Entities are not responsible for entries that are the subject of electronic or other errors; lost, interrupted or unavailable network, server or other connections; miscommunications; failed phone, computer hardware or software or telephone transmissions; technical failures; unauthorized human intervention; on-line traffic congestion; garbled or jumbled transmission; undeliverable e-mails resulting from any form of active or passive e-mail filtering; insufficient space in entrant's e-mail account that affects the ability to receive e-mail; or other errors of any kind, whether due to electronic, mechanical or human error or other causes; even if caused by the negligence of Sponsor or Presenting Sponsor or their agents (collectively "Invalid Entries"). All Invalid Entries will be disqualified. By participating, entrants agree to be bound by these official Rules and the decisions of the Sponsor, which are final and binding in all matters relating to the Sweepstakes. All federal, provincial and local laws and regulations apply. Sweepstakes void where prohibited by law. Any tax liability is the responsibility of the winner.
CONDITIONS: By entering this Sweepstakes, entrants release and agree to hold harmless Sweepstakes Entities and their respective officers, directors, employees, representatives and agents (“Releasees”) from and against any and all liability for any loss, harm, damages, costs or expenses, including without limitation, property damages, personal injury and/or death, arising out of participation in the Sweepstakes or any Sweepstakes’ related activity, the acceptance, possession, use or misuse of any prize, or claims based on publicity rights, defamation, invasion of privacy, or merchandise delivery. Additionally, entrants release and agree to hold harmless Releasees from any and all noncompliance by the winner with the terms of these Official Rules and/or federal, national, provincial, municipal or local laws or regulations. MySpace reserves the right, at its sole discretion, to change, cancel or suspend this contest should a virus, bug or other cause beyond the reasonable control of MySpace and its advertising and promotional agencies corrupt the security or proper administration of the contest or for any other reason at any time without prior notice.
PRIVACY POLICY: Any personal information supplied by entrant to MySpace will be subject to MySpace’s privacy policy posted at http://www.myspace.com/index.cfm?fuseaction=misc.privacy.
By entering the contest, entrants consent to the use by TELUS and MySpace of their name, city of residence, likeness and photograph for publicity purposes in all media used by TELUS or MySpace, without payment or compensation.