CONTEST RULES AND REGULATIONS
OFFICIAL RULES AND REGULATIONS
December 17 - 18, 2012
1. TO ENTER the @DiscoveryCanada Kal Tire Twitter contest (the "Contest") from your Twitter account, follow Discovery Canada's official Twitter account ("@DiscoveryCanada") and tweet your original (i.e. not copied) answer to the following phrase "How often do you check your vehicle's battery? #KalTireDriving @DiscoveryCanada" (each an "Entry Tweet"). Your Entry Tweet must include your original answer, the "#KalTireDriving" hashtag (the "Hashtag") and "@DiscoveryCanada" (the "Mention") The Mention is required so that your Entry Tweet appears in Discovery Canada's Mentions tab. Note: You will need to create a Twitter account if you don't already have one. Membership on Twitter is free, and registration for Twitter can be obtained by logging on to www.twitter.com (the "Twitter web site") and following the on-screen instructions to open an account. In addition, eligible entrants will need to become a "follower" of @DiscoveryCanada (the "Follower(s)") in order to be notified that you are the potential Prize winner (if applicable) in accordance with the procedure outlined below. To become a Follower, an eligible entrant must: (i) visit www.twitter.com/DiscoveryCanada; or (ii) from his/her Twitter home page, click on the "Find People" tab and perform a search for "Discovery Channel Canada"; and (iii) click on the "Follow" button corresponding to @DiscoveryCanada. Any Entry Tweet that does not follow the above format will be discarded and will not be eligible for entry in this Contest. Incorrect and/or incomplete Entry Tweets and Entry Tweets received outside the applicable Contest Period, and/or Entry Tweets that contain obscene, offensive, or any language communicating messages inconsistent with the positive images to which Contest Sponsors wish to associate themselves (all as determined by Contest Sponsors in their sole discretion) will be void. All Entry Tweets must comply with the Twitter Terms of Service and Twitter Rules available at www.twitter.com. By following @DiscoveryCanada and sending your Entry Tweet you agree to comply with and be bound by these official rules and regulations (the "Rules"). Use of any automated, script, macro, robotic or other program(s) to enter or otherwise participate in this Contest is prohibited and will automatically result in disqualification. All entries are subject to verification. Limit of one (1) entry per individual and per Twitter account. If it is discovered that you attempted to enter more than one time during the Contest Period, all of your entries will be void. In the event of a dispute, entries received on-line shall be deemed to be submitted by the "Authorized Account Holder" of the Twitter account submitted at the time of entry. "Authorized Account Holder" is defined as the person who is assigned to a Twitter account by www.twitter.com. An entrant/Follower may be required to provide proof that he/she is the authorized account holder of the Twitter account associated with the selected Entry Tweet. All entries become the property of Contest Sponsors and will not be acknowledged or returned. Creating multiple Twitter accounts in order to exceed the limits on entries permitted by these Rules may result in the disqualification of such entries from such accounts. Important note: If your Twitter account is set to "protected mode", your Entry Tweet and/or responses may not be visible in Contest Sponsors' inbox and may not thus be received by Contest Sponsors unless you previously consented to permit Contest Sponsors to see your Entry Tweet and/or responses. If you opt to use Twitter via your wireless mobile device (which may only be available via participating wireless carriers and is not required to enter the Contest), standard text messaging and/or data rates may apply for each message sent or received from your handset according to the terms and conditions of your services agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges) and may appear on your mobile phone bill or be deducted from your prepaid account balance. Wireless carriers' rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans and charges relating to your participation in this Contest. Participation in this Contest by mobile device means that you understand that you may receive additional messages by mobile device relating to this Contest, including notifying you if you are the potential Prize winner, which may be subject to charges pursuant to your carrier's rate plan. Text messaging and/or compatible data services may not be available from all mobile phone service carriers and handset models. Mobile device service may not be available in all areas. Check your phone's capabilities for specific instructions.
2. Contest starts at 3 am (ET) on Monday, Dec. 17, 2012 and closes on Tuesday, Dec. 18, 2012 at 2:59:59 am ET (the "Contest Period"). There is one prize (the "Prize") to be won from among all the eligible entries received during the Contest Period. No purchase necessary. Void where prohibited. The sole determinant of the time for the purposes of determining the eligibility of an Entry Tweet in this Contest will be the time-stamp attributed to the applicable Entry Tweet by Twitter. The Contest Sponsors and/or Twitter will not be responsible for any technical malfunctions, technical error, lost, delayed or garbled data or transmissions, omission, interruption, deletion, defect or failures of any telephone or computer line or network, computer equipment, software or any combination thereof that may result in an inaccurate time-stamp being attributed to an Entry Tweet or the delayed delivery of an Entry Tweet.
3. The contest sponsors are Bell Media Inc. (Discovery Canada) and Kal Tire (hereinafter referred to as the "Contest Sponsors").
4. To enter and to be eligible to win, entrant must be a legal resident of Canada (excluding Quebec) and be of the age of majority in the province or territory in which he/she resides. Employees and their parents, siblings and children, and persons domiciled with an employee of the Contest Sponsors, their respective agents, parent, affiliated or related companies, subsidiaries, divisions, prize sponsors, and promotional and advertising agencies and administrators, are ineligible to enter. A winner of a previous Bell Media Inc. contest within the three (3) months preceding the start of this Contest (including persons designated by such winners to take ownership of prizes) and persons domiciled with a winner are not eligible to enter.
5. Prize - There is one (1) Prize, consisting of one (1) two hundred fifty dollar ($250) CAD Kal Tire gift certificate. The gift certificate is subject to the terms and conditions printed on the gift certificate and of the issuer. The gift certificate is valid at any Kal Tire location and expires on April 30, 2013.
6. The Prize must be accepted as awarded. The Prize may not be sold, transferred and is not convertible to cash. Contest Sponsors reserves the right to substitute the Prize in whole or in part in the event that all or any component of the Prize is unavailable. Prize winner is solely responsible for all costs not expressly described herein.
7. On Tuesday, Dec. 18, 2012 at approximately 3 pm ET, a random draw for the Prize will take place at Bell Media Inc., Toronto, Ontario from among all eligible entries received during the Contest Period. The first entry drawn will be eligible to win the Prize. The odds of winning the Prize will depend upon the total number of eligible entries received during the Contest Period. Bell Media Inc., acting reasonably, will attempt to contact the potential Prize winner to notify potential winner that he or she may have won the Prize by using the direct message feature on Twitter for the user account that submitted the potentially winning Entry Tweet, within two (2) business days from the draw. The potential winner must respond within two (2) business days according to the instructions in the notification, or he or she will be disqualified. If the potential winner is not a Follower, then the potential winner will have to become a Follower (so that Contest Sponsors will be able to send a private direct message via Twitter) within the time stated in the Contest Sponsors' submission of an @Reply to the potential winner or else Contest Sponsors may disqualify the potential winner at its sole discretion. Potential winner may discontinue following @DiscoveryCanada after the completion of the notification, eligibility verification and Prize fulfillment procedures outlined in these Rules. It is each entrant's responsibility to set his or her account settings to accept contacts by Contest Sponsors and to timely check his or her Twitter account for any such direct messages or @Replies. Proof of identification must be provided upon request. In order to be declared the Prize winner, the potential winner must first correctly answer, unaided, a time limited mathematical skill testing question administered by Bell Media Inc. Before being awarded the Prize, the potential winner will be required to sign and return within the time stipulated by the Contest Sponsors, a full release and indemnity form in the Contest Sponsors' form stating, among other things, that he/she has read and understood these official rules and regulations ("Rules"), grants all consents required by the Contest Sponsors, authorize the Contest Sponsors to broadcast, publish, disseminate and/or otherwise use his/her name, city/town/village and province/territory of residence, photograph, likeness, sobriquet and voice and all other indicia of personality, in connection with any promotion and/or publicity, and/or for general news and/or for entertainment and/or information purposes at no additional compensation to the potential winner, beyond the awarding of or participation in the Prize, accepts the Prize as offered and releases the Contest Sponsors from any and all liability of any kind arising out of the potential winner's participation in this Contest and receipt and/or use of the Prize. In the event that the potential winner does not comply with all the provisions as contemplated in these Rules, Contest Sponsors shall have the right to disqualify the potential winner, and draw an alternate potential winner, and the Contest Sponsors shall be fully and completely released and discharged from any liability or responsibility in this regard. The provisions and procedures referred to above relating to selection and notification of a potential winner shall be applied, with the necessary amendments, until a qualified winner has been duly selected, but in any event, no later than Thursday, Dec. 27, 2012.
8. By entering this Contest the entrants and participants automatically agree to accept and abide by these Rules. All decisions of the Contest Sponsors with respect to any aspect of this Contest, including without limitation the eligibility of entries, entrants and Entry Tweets, are final and binding on all entrants in all matters as they relate to this Contest. By participating in the Contest, each entrant warrants and represents that his/her Entry Tweet:
i. is original to him/her and that the entrant has all necessary rights in and to the Entry Tweet
to enter the Contest;
ii. does not violate any law;
iii. does not contain any reference to any identifiable third parties, unless consent has been obtained from each such individual and his/her parent/legal guardian if he/she is under the age of majority in his/her jurisdiction of residence;
iv. will not give rise to any claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party, or give rise to any claims whatsoever; and
v. is not defamatory, trade libelous, pornographic or obscene, and further that it will not contain, include, discuss or involve, without limitation, any of the following: nudity; alcohol/drug consumption or smoking; explicit or graphic sexual activity, or sexual innuendo; crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups; content that endorses, condones and/or discusses any illegal, inappropriate or risky behaviour or conduct; personal information of individuals, including, without limitation, names, telephone numbers and addresses (physical or electronic); commercial messages, comparisons or solicitations for products or services other than products of the Contest Sponsors; any identifiable third party products, trade-marks, brands and/or logos, other than those of the Contest Sponsors; conduct or other activities in violation of these Rules; and/or any other content that is or could be considered inappropriate, unsuitable or offensive, all as determined by the Contest Sponsors in their sole and absolute discretion.
By entering the Contest and submitting an Entry Tweet, each entrant: (i) without limiting the Twitter Terms of Service grants to the Contest Sponsors, in perpetuity, a non-exclusive license to publish, display, reproduce, modify, edit or otherwise use his/her Entry Tweet, in whole or in part, for advertising or promoting the Contest or for any other reason; (ii) waives all moral rights in and to his/her Entry Tweet in favour of the Contest Sponsors; and (iii) agrees to release and hold harmless the Contest Sponsors and each of their respective agents, employees, directors, successors, and assigns (collectively, the "Releasees") from and against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related cause of action that relate in any way to the Entry Tweet. For greater certainty, the Contest Sponsors reserve the right, in their sole and absolute discretion and at any time during the Contest, to modify, edit or disqualify any Entry Tweet if a complaint is received with respect to the Entry Tweet, or for any other reason. If such an action is necessary at any point, then the Contest Sponsors reserve the right, in their sole and absolute discretion, to disqualify the Entry Tweet (and corresponding entry) and/or the associated entrant. If the Contest Sponsors determine, in their sole and absolute discretion, that any Entry Tweet does not comply with these Rules for any reason at any time, then the Contest Sponsors reserve the right, in their sole and absolute discretion, to disqualify the Entry Tweet (and corresponding entry) and/or the associated entrant. Entry Tweets will NOT be judged.
9. All entries become property of Contest Sponsors who assume no responsibility for garbled, lost, late, delayed, destroyed or misdirected entries, mail, voice messages, e-mail or any computer errors or malfunctions. No correspondence will be entered into except with entrants requesting Rules by mail or requesting the name of the Prize winner (for which a self-addressed, postage paid envelope must be included). Contest Sponsors do not assume any responsibility for incorrect or inaccurate capture of entry information, technical malfunctions, human or technical error, seeding or printing errors, lost, delayed or garbled data or transmissions, omission, interruption, deletion, defect or failures of any telephone or computer line or network, computer equipment, software or any combination thereof. Entry materials or data that have been tampered with or altered are void. If for any reason, in the opinion of the Contest Sponsors, in their sole discretion, the Contest is not capable of running as originally planned, or if the administration, security, fairness, integrity or the proper conduct of the Contest is corrupted or adversely affected, including by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes beyond its control, Contest Sponsors reserve their right to cancel, terminate, modify, amend, extend or suspend the Contest, and select a winner from previously received eligible entries. Contest Sponsors reserve their right to modify the Rules without materially affecting the terms and conditions hereof. The Contest Sponsors reserve their right in their sole discretion to disqualify any individual they find to be tampering with the entry process or the operation of the Contest or to be acting in violation of the Rules or otherwise in a disruptive manner. Any attempts to deliberately damage the Contest web site or to undermine the legitimate operation of this Contest is a violation of criminal and civil laws and should such an attempt be made the Contest Sponsors reserve their right to seek remedies and damages to the fullest extent of the law. Contest Sponsors shall not be held responsible for any errors or negligence that may arise or occur in connection with the Contest including any damage to an entrant's computer equipment, system, software or any combination thereof, as a result of their participation in this Contest or from downloading any material from the Contest web site, where applicable.
11. 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.
12. All intellectual property, including but not limited to trade-marks, trade-names, logos, designs, promotional materials, web pages, source codes, drawings, illustrations, slogans and representations are owned by the Contest Sponsors and/or their respective 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.