Pacific Newspaper Group - The Province Contests

THE PROVINCE FUNNIEST PETCAST CONTEST (THE “CONTEST”) IS INTENDED TO BE CONDUCTED IN CANADA ONLY AND SHALL BE CONSTRUED AND EVALUATED ACCORDING TO APPLICABLE CANADIAN LAW. NO PURCHASE IS NECESSARY. PARTICIPANTS MUST BE OF THE AGE OF MAJORITY IN THE PROVINCE OF BRITISH COLUMBIA OR OLDER. VOID IN WHOLE OR PART WHERE PROHIBITED BY LAW. ENTRY IN THIS CONTEST CONSTITUTES ACCEPTANCE OF THESE CONTEST RULES (THE “CONTEST RULES”).

1. ELIGIBILITY.

(A) To be eligible to enter the Contest, an individual (“Contestant”) must:

(i) be a legal resident of British Columbia;

(ii) be nineteen (19) years of age or older at the time of entry; and

(iii) be the sole owner of all right, title and interest (including copyright) in and to the Work (as defined below) submitted in connection with the Contest.

(B) To be eligible to vote for a Contestant, an individual (“Voter”) must:

(i) be a legal resident of British Columbia; and

be nineteen (19) years of age or older at the time of entry.

Employees of Pacific Newspaper Group, a division of Canwest Publishing Inc. (“Canwest”) and Bosley’s Pet Food Plus (“Bosley’s” and together with Canwest, the “Sponsors”), their respective affiliates, subsidiaries, related companies, advertising and promotional agencies, judges of the Contest and the household members of any of the above, are not eligible to participate in the Contest.

The Sponsors shall have the right at any time to require proof of identity and/or eligibility to participate in the Contest from Contestants and Voters (collectively, “Entrants”). Failure to provide such proof may result in disqualification. All personal and other information requested by and supplied to the Sponsors for the purpose of the Contest must be truthful, complete, accurate and in no way misleading. The Sponsors reserve the right, in their sole discretion, to disqualify any entrant should such an entrant at any stage supply untruthful, incomplete, inaccurate or misleading personal details and/or information.

2. CONTEST PERIOD.
The Contest begins at 5:00 a.m. Pacific Daylight Time (“PDT”) on July 26, 2009 and ends at 11:59 p.m. PDT on September 13, 2009 (the “Contest Period”). Contestants for the Contest may enter the Contest beginning at 5:00 a.m. PDT on July 26, 2009 and ending at 11:59 p.m. PDT on August 23, 2009 (the “Entry Period”) after which the Entry Period will be closed and no further Contestants may enter. Voters may submit a vote (“Vote”) beginning 5:00 a.m. PDT on August 30, 2009 and ending at 11:59 p.m. on September 13, 2009 (the “Voting Period”) after which time the Contest will be closed and no further Votes shall be accepted.

3. HOW TO ENTER.
There is no purchase necessary to enter the Contest. Enter using any of the methods of entry outlined below. No entries will be accepted by any other means.

(A) CONTESTANTS.

(i) For Contestants to enter by mail or in person, clearly print your name, complete mailing address, daytime telephone number and age at time of entry on a plain piece of paper, along with the Work (described below) and submit it to the attention of “The Province Funniest Petcast Contest”, c/o The Province, 200 Granville St., Vancouver, BC V6C 3N3 or drop it off to the Promotions Counter Monday-Friday between 8:30 a.m. and 4:30 p.m.

(ii) For Contestants to enter online, complete and submit the entry form located at www.theprovincecontests.com (the “Contest Website”).

(iii) Each Contestant must submit an entry form together with (a) a recent video of his/her living pet (the “Pet”) in “mov” or “mpgs” format of a maximum file size of 10 MB, between fifteen (15) and sixty (60) seconds in duration and on a CD for non-online entries (the “Petcast”); (b) a recent full colour, high resolution, unaltered, unenhanced photograph of the Pet between 4”x5” and 8½”x11” in size, printed on good quality photographic paper or saved in “jpeg” format onto a CD and accompanied by a photocopy of the image on the CD (the “Pet Photo”); and (c) a description of why he/she has the funniest pet (maximum of one hundred and fifty (150) words) (the “Description”), (Petcast, Pet Photo and Description, collectively, the “Work”).

(iv) No other person or pet may appear in the Pet Photo with the Pet. Image of the Pet in the Pet Photo and in the Petcast must closely resemble the Pet at the end of the Contest Period, as determined by the Sponsors and/or Contest judges in their sole discretion. Pet must be living at the time of entry.

(v) No exotic pets allowed (including, but not limited to: (a) venomous invertebrates, amphibians and reptiles; (b) non-venomous invertebrates and amphibians; (c) small/non-venomous reptiles (including, without limitation, bearded dragons, chameleons, geckos, small snakes); (d) large parrots, macaws, cockatoos, raptors (eagles, hawks, owls); (e) turtles and tortoises; (f) boas >2ft adult size; (g) crocodilia (including, without limitation, alligators, crocodiles and gavials); (h) lagamorphs (rabbits and hares, except the domesticated rabbit); (i) rodentia (except domesticated species, such as mouse, rat, hamster, guinea pig); and (j) eranicids (tenrecs except hedgehogs).

(vi) By participating in this Contest, Contestant represents and warrants that: (i) the Work does not contain any material that is libelous, defamatory, profane or obscene; (ii) the Work is original and all right, title, and interest (including copyright) therein and thereto is owned and/or controlled by the Contestant to the full extent necessary to enable the Sponsors to use the Work as contemplated by these Contest Rules; and (iii) the Work does not infringe upon the intellectual property or other statutory or common law rights of any third party.

(vii) Contestant entries submitted by mail must be received by the Sponsors no later than the end of the Entry Period, and each Contestant’s entry must be in a separate outer envelope bearing sufficient postage.

(viii) Limit of one (1) Contestant entry per Pet during the Entry Period. In the case of multiple entries, only the first eligible Contestant entry received will be considered.

(B) VOTING.

(i) To view Contestant entries, (i) go to the Contest Website during the Voting Period; or (ii) pick up a copy of the August 30, 2009 edition of The Province newspaper.

(ii) To submit a Vote for a Contestant’s entry by mail or in person, clearly print your name, complete mailing address, daytime telephone number and age at the time of entry, the title of the Petcast and submit it to the attention of “The Province Funniest Petcast Contest”, c/o The Province, 200 Granville St., Vancouver, BC V6C 3N3 or drop it off to the Promotions Counter Monday-Friday between 8:30 a.m. and 4:30 p.m.

(iii) To submit a Vote for a Contestant’s entry online, complete and submit the entry form located at the Contest Website during the Voting Period at the Contest Website.

(iv) Limit of one (1) Vote per person during the Voting Period. In the case of multiple Votes, only the first eligible Vote received will be considered.

(v) Votes submitted by mail must be received by the Sponsors no later than the end of the Voting Period, and each Vote must be in a separate outer envelope bearing sufficient postage.

(C) All Contestant entries and Votes (each an “Entry” and collectively, “Entries”), including the Work, become the sole property of the Sponsors and none will be returned for any reason. Contestant entries must be received no later than the end of the Entry Period. Entries will be declared invalid if they are late, illegible, incomplete, damaged, irregular, mutilated, forged, garbled or mechanically or electronically reproduced. No communication or correspondence will be exchanged with entrants except with those selected as finalists.

(D) Entries received online shall be deemed to be submitted by the authorized account holder of the e-mail address associated with the entry. For the purpose of the Contest Rules, “authorized account holder” of an e-mail address is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Each selected entrant may be required to provide the Sponsors with proof that the selected entrant is the authorized account holder of the e-mail address associated with the winning entry.

4. PRIZES.

(A) Grand Prizes. There is one (1) grand prize (the “Grand Prize”) available to be won by the Grand Prize winner (the “Grand Prize Winner”), which consists of:

(i) a one thousand and five hundred dollar (CDN $1,500.00) gift certificate from Bosley’s Pet Food Plus redeemable at participating Bosley’s Pet Food Plus retails stores in British Columbia; and

(ii) a framed award from The Province newspaper that identifies the winning Pet.

The Grand Prize has an approximate retail value of one thousand seven hundred dollars (CDN $1,700.00).

(B) Consolation Prizes. There are nine (9) consolation prizes (each, a “Consolation Prize”) available to be won by the Consolation Prize winners (each, a “Consolation Winner”), each Consolation Prize consists of a one hundred dollar (CDN $100.00) gift certificate from Bosley’s Pet Food Plus redeemable at participating Bosley’s Pet Food Plus retails stores in British Columbia.

(C) Vote Prizes. There is one (1) voting prize (a “Vote Prize”) available to be won by the Voting Prize winner (the “Vote Winner”), consisting of three nights of luxury accommodation at The Fairmont Chateau Whistler in a pet-friendly room; a $200 dining certificate for The Wine Room; a $25 credit to be used for items from the ‘Furrmont Menu’; and complimentary valet parking. Prize is subject to availability and some blackout periods apply. The Voting Prize has an approximate retail value of two thousand two hundred dollars (CDN $2,200.00).

(D) Grand Prize, Consolation Prizes and Voting Prize are hereafter collectively referred to as “Prize” or “Prizes”. The Grand Prize Winner and Consolation Winners are hereafter collectively referred to as a “Winner” or “Winners”.

(E) Winner not entitled to monetary difference between actual Prize value and stated approximate Prize value, if any.

Winners may claim his/her Prize in Vancouver, British Columbia after each Winner has been successfully contacted and notified of his/her Prize and fulfilled the requirements set out herein. Winner’s name will also be announced in The Province newspaper. All Prizes must be claimed and picked up no later than December 23, 2009.

Prizes must be accepted as awarded and cannot be transferred, assigned, substituted or redeemed for cash, except at the sole discretion of the Sponsors. Any unclaimed Prize or unused portion of a Prize will be forfeited and have no cash value. The Sponsors reserve the right, in their sole discretion, to substitute a prize of equal or greater value if a Prize (or any portion thereof) cannot be awarded for any reason.

Shipped Prizes shall not be insured and the Sponsors shall not assume any liability for lost, damaged or misdirected Prizes.

5. WINNER SELECTION.

(A) Finalists. A total of ten (10) finalists (“Finalists”) shall be selected as follows:

(i) On or about August 29, 2009 in Vancouver, British Columbia, ten (10) Contestant entries shall be selected by a panel of judges from all eligible Contestant entries received during the Entry Period. Before being declared a Finalist, the selected Contestant shall be required to comply with the Contest.

The judges shall select the Finalists based on:

how well the Contestant entry exemplifies the overall Contest theme;

uniqueness;

portrayed personality of the Pet; and

how interesting the Description is.

(iii) The judges, in their absolute discretion, shall select the Finalists based on the above criteria. The decisions of the judges shall be final and binding and may not be challenged in any way.

(iv) THE CONTESTANTS SELECTED AS FINALISTS WILL BE NOTIFIED BY TELEPHONE OR E-MAIL NO LATER THAN AUGUST 24, 2009 AT 5:00 PM PDT AND MUST RESPOND WITHIN TWO (2) BUSINESS DAYS OF NOTIFICATION. Upon notification, the selected Contestants must respond by telephone to the contact number provided in the notification and the selected Contestants response must be received by Sponsors within two (2) business days of such notification. If the selected Contestant does not respond in accordance with the Contest Rules or the selected Contestant does not comply with the Contest Rules, he/she will be disqualified and will not move onto the Voting Period of the Contest and another Contestant will be selected in the Sponsors’ sole discretion until such time as a Contestant satisfies the terms set out herein. Sponsors are not responsible for the failure for any reason whatsoever of selected Contestant to receive notification or for Sponsors to receive a selected Contestants response.

(B) Grand Prize Winner. One (1) Grand Prize Winner shall be selected as follows:

(i) On or about September 15, 2009 in Vancouver, British Columbia at 9:00 a.m. PDT one (1) Finalist will be selected based on the most online votes received from eligible Voters during the Voting Period. One (1) Finalist shall be eligible to win one (1) Grand Prize. The odds of being selected as a potential Grand Prize Winner are dependent upon the number of eligible Votes received by the Sponsors.

(ii) Before being declared a Grand Prize Winner, the selected Finalist shall be required to correctly answer, without assistance of any kind, whether mechanical or otherwise, a time-limited mathematical skill-testing question to be administered during pre-arranged telephone call or by email and to comply with the Contest Rules and sign and return the Release (described below).

(iii) THE FINALIST SELECTED FOR A GRAND PRIZE WILL BE NOTIFIED BY TELEPHONE OR EMAIL NO LATER THAN SEPTEMBER 15, 2009 AT 2:00 PM PDT AND MUST RESPOND WITHIN TWO (2) BUSINESS DAYS OF NOTIFICATION. If the selected Finalist does not respond in accordance with the Contest Rules or the selected Finalist does not comply with the Contest Rules, he/she will be disqualified and will not receive a Prize and another Finalist will be selected in Sponsors’ sole discretion until such time as a Finalist satisfies the terms set out herein. Sponsors are not responsible for the failure for any reason whatsoever of selected Finalist to receive notification or for Sponsors to receive a selected Finalist’s response.

(i) On or about September 15, 2009 in Vancouver, British Columbia at 9:00 p.m. PDT the nine (9) remaining Finalists, after the Grand Prize Winner has been determined, shall each be eligible to win one (1) Consolation Prize. The odds of being selected as a potential Consolation Prize Winner are dependent upon the number of eligible Votes received by the Sponsors.

(ii) Before being declared a Consolation Winner, the selected remaining Finalist shall be required to correctly answer, without assistance of any kind, whether mechanical or otherwise, a time-limited mathematical skill-testing question to be administered during pre-arranged telephone call or by email and to comply with the Contest Rules and sign and return the Release (described below).

(iii) THE FINALISTS SELECTED FOR CONSOLATION PRIZES WILL BE NOTIFIED BY TELEPHONE OR EMAIL NO LATER THAN SEPTEMBER 15, 2009 AT 5:00 PM PDT AND MUST RESPOND WITHIN TWO (2) BUSINESS DAYS OF NOTIFICATION. If the selected Finalist does not respond in accordance with the Contest Rules or the selected Finalist does not comply with the Contest Rules, he/she will be disqualified and will not receive a Prize and another Finalist will be selected in Sponsors’ sole discretion until such time as a Finalist satisfies the terms set out herein. Sponsors are not responsible for the failure for any reason whatsoever of selected Finalist to receive notification or for Sponsors to receive a selected Finalist’s response.

(D) Vote Prizes. There is one (1) voting prize (a “Vote Prize”) available to be won by the Voting Prize winner (the “Vote Winner”), consisting of three nights of luxury accommodation at The Fairmont Chateau Whistler in a pet-friendly room; a $200 dining certificate for The Wine Room; a $25 credit to be used for items from the ‘Furrmont Menu’; and complimentary valet parking. Prize is subject to availability and some blackout periods apply. The Voting Prize has an approximate retail value of two thousand two hundred dollars (CDN $2,200.00).

(E) If, as a result of an error relating to the entry process, voting, judging, tallying, drawing or any other aspect of the Contest, there are more selected Entrants than contemplated in these Contest Rules, there will be a random draw amongst all eligible Prize claimants after the Contest’s closing date to award the correct number of Prizes.

6. RELEASE.
Winners will be required to execute a legal agreement and release (“Release”) that confirms Winner’s: (i) eligibility for the Contest and compliance with these Contest Rules; (ii) acceptance of the Prize as offered; (iii) release of each of the Sponsors and their respective parent companies, subsidiaries, affiliates and/or related companies and each of their employees, directors, officers, suppliers, agents, sponsors, administrators, licensees, representatives, advertising, media buying and promotional agencies (collectively, the “Releasees”) from any and all liability for any loss, harm, damages, cost or expense arising out of participation in the Contest, participation in any Contest-related activity or the acceptance, use, or misuse of any Prize, including but not limited to 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 the Sponsors of the unrestricted right, in the Sponsors’ collective or individual discretion, to produce, reproduce, publish, reproduce, convert, broadcast, communicate by telecommunication, exhibit, distribute, translate, adapt and otherwise use and re-use the Work and Winner’s name, photograph, likeness, voice and biography in any and all media now known or hereafter devised, in connection with the Contest and the promotion and exploitation thereof. The executed Release must be returned within two (2) business days of the verification as a Winner or the selected entrant will be disqualified and the Prize forfeited.

7. 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.

8. RIGHTS CLEARANCE.
By providing the Work to the Sponsors in connection with the Contest, each entrant shall retain all right, title and interest (including copyright) in and to the Work, and shall grant to the Sponsors a worldwide, gratuitous, 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. Sponsors assume no responsibility for any claims of infringement of rights to copyright, privacy and/or personality, and all such liability shall remain with the entrant. In addition, each entrant represents to Sponsors 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. Sponsors reserve 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 Sponsors in their sole discretion.

9. LIMITATION OF LIABILITY.
The Sponsors assume no responsibility or liability for lost, late, unintelligible/illegible, falsified, damaged, misdirected or incomplete entries, notifications, responses, replies or any Release, or for any computer, online, software, telephone, hardware or technical malfunctions that may occur, including but not limited to malfunctions that may affect the transmission or non-transmission of an entry. The 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. The 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. The 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 or otherwise. The Sponsors are not responsible for any injury or damage to entrant or to any computer related to or resulting from participating or downloading materials in this Contest. Entrant assumes 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. The Sponsors assume no responsibility or liability in the event that the Contest cannot be conducted as planned for any reason, including those reasons beyond the control of the Sponsors, such as infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or corruption of the administration, security, fairness, integrity or proper conduct of this Contest, the Contest Website, and/or canada.com.

10. CONDUCT.
By participating in the Contest, each entrant agrees to be bound by the Contest Rules, which will be posted at the Contest Website and made available at The Province Promotions Department at Suite 1 – 200 Granville Street in Vancouver or upon request by self-addressed, stamped envelope to The Province Suite 1 – 200 Granville Street in Vancouver, B.C., V6C 3N3 throughout the Contest Period. Entrant further agrees to be bound by the decisions of the judges and Sponsors, which shall be final and binding in all respects. The Sponsors reserve the right, in their sole discretion, to disqualify any entrant found 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 canada.com website; (c) violating the terms of service, conditions of use and/or general rules or guidelines of any canada.com property or service; and/or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE CONTEST WEBSITE, CANADA.COM OR ANY RELATED WEBSITE 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 SEEK REMEDIES AND DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING BUT NOT LIMITED TO CRIMINAL PROSECUTION.

11. PRIVACY / USE OF PERSONAL INFORMATION.

(a) By participating in the Contest, entrant: (i) grants to the Sponsors the right to use his/her name, mailing address, 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; publishing creative work, drawings, photographs; (ii) grants to the Sponsors 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 the Sponsors may disclose his/her Personal Information to third-party agents and service providers of any of the Sponsors in connection with any of the activities listed in (i) and (ii) above.

(b) By opting-in online you consent to Canwest’s disclosure of your Personal Information to Bosley’s so that you may be contacted to promote draws and contests similar to the Contest, promote opportunities to subscribe to newsletters or promotional clubs, and notify you about related products or services.

(c) The Sponsors 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 the Canwest Global Communications Corp. Privacy Policy at: http://www.canwestglobal.com/privacy.asp.

12. INTELLECTUAL PROPERTY.
All intellectual property, including but not limited to trade-marks, trade names, logos, designs, promotional materials, web pages, source code, drawings, illustrations, slogans and representations are owned by the Sponsors and/or their affiliates. All rights are reserved. Unauthorized copying or use of any copyrighted material or intellectual property without the express written consent of its owner is strictly prohibited. CANWEST MEDIA is a trade-mark of Canwest Global Communications Corp., used under license.

13. TERMINATION.
Sponsors reserve the right, in their 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.

14. LAW.
These are the official Contest Rules. The Contest is subject to applicable federal, provincial and municipal laws and regulations. The 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. All issues and questions concerning the construction, validity, interpretation and enforceability of the Contest Rules or the rights and obligations as between the entrant and the Sponsors in connection with the Contest shall be governed by and construed in accordance with the laws of the province of Ontario including procedural provisions 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.

15. LANGUAGE DISCREPANCY.
In the event of any discrepancy or inconsistency between the terms and conditions of the Contest Rules and disclosures or other statements contained in any Contest-related materials, including but not limited to the Contest entry form, or point of sale, television, print or online advertising, the terms and conditions of the Contest Rules shall prevail, govern and control.