QNX Automotive Trivia Sweepstakes
QNX Automotive Trivia Sweepstakes
Each Friday, starting on August 10, we'll tweet out an automotive trivia question at 1:00 pm ET from the @QNX_Auto Twitter account and look to you for answers. You'll have four hours to tweet us back with your guess; the official answer will be unveiled at 5:00 pm ET that same day. Those who respond to the @QNX_Auto Twitter account with the correct guess will be entered into a monthly draw where they’ll be eligible to win a BlackBerry® PlayBook®. Participants get one entry per week – that’s a maximum of four entries per month. See the official sweepstakes rules below. Good Luck!
OFFICIAL SWEEPSTAKES RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. PRIZE ACCEPTANCE AGREEMENT IS REQUIRED. THIS SWEEPSTAKES IS OPEN ONLY TO NATURAL PERSONS WHO ARE LEGAL RESIDENTS OF AND PHYSICALLY LOCATED IN ONE (1) OF THE FIFTY (50) UNITED STATES, PUERTO RICO, THE DISTRICT OF COLUMBIA OR CANADA (EXCLUDING QUEBEC) AND WHO HAVE REACHED THE LEGAL AGE OF MAJORITY IN THEIR JURISDICTION OF RESIDENCE. VOID IN QUEBEC AND WHERE PROHIBITED BY LAW. ENTRY IN THIS SWEEPSTAKES CONSTITUTES YOUR ACCEPTANCE OF THESE OFFICIAL SWEEPSTAKES RULES. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ELIGIBLE ENTRIES RECEIVED. BY PARTICIPATING IN THE SWEEPSTAKES , EACH ENTRANT REPRESENTS AND WARRANTS THAT HE OR SHE MEETS THESE ELIGIBILITY REQUIREMENTS AND HAS READ, ACCEPTS AND WILL COMPLY WITH THESE OFFICIAL SWEEPSTAKES RULES.
1. SWEEPSTAKES PERIOD:
The QNX Automotive Trivia Sweepstakes (the "Sweepstakes") begins on Friday August 10, 2012 at 1:00:00 p.m. Eastern Time ("ET") and ends on Friday December 28, 2012 at 5:00:00 p.m. ET (the "Sweepstakes Period").
THIS SWEEPSTAKES IS OPEN ONLY TO NATURAL PERSONS WHO ARE LEGAL RESIDENTS AND PHYSICALLY LOCATED IN ONE (1) OF THE FIFTY (50) UNITED STATES, PUERTO RICO, THE DISTRICT OF COLUMBIA OR CANADA (EXCLUDING QUEBEC) AND WHO HAVE REACHED THE LEGAL AGE OF MAJORITY IN THEIR JURISDICTION OF RESIDENCE. Sweepstakes may only be entered from and within eligible jurisdictions. Employees and agents of QNX Software Systems Limited (the "Sponsor"), its parent or subsidiaries, Research in Motion Limited, Breakaway Communications, and each of their respective affiliates, subsidiaries, successors, assigns and any entity involved in the development, production, implementation, administration, judging or fulfillment of the Sweepstakes (collectively, the "Sweepstakes Parties"), and the immediate family members and/or those persons living in the same household of such individuals (whether related or not), are not eligible to participate or win a prize in this Sweepstakes . For the purpose of this Sweepstakes , immediate family is defined as spouse, partner, mother, father, legal guardian, in-laws, grandmother, grandfather, brother, sister, children and grandchildren.
3. HOW TO ENTER:
a. To participate in this Sweepstakes, you must have a valid Account. If you do not have an Account, visit www.twitter.com and register in accordance with the enrolment instructions for a free Account. In addition, eligible entrants must become a "follower" (the "Follower(s)") of the official @QNX_Auto channel (the "Channel") on Twitter (note: you can un-follow at any time). To become a Follower, an eligible entrant must: (i) visit http://twitter.com/qnx_auto; OR (ii) from his/her Twitter home page, click on the "Find People" tab and perform a search for "QNX_Auto"; AND (iii) click on the "Follow" button corresponding to the Channel.
b. No purchase necessary. Starting on Friday August 10, 2012 and each Friday thereafter until December 28, 2012 at approximately 1:00:00 p.m. ET (the "Announcement Date(s)"), an announcement (the "Announcement") containing an automotive trivia question (the "Question") will be Tweeted to the Channel. On each Announcement Date between 1:00:00 p.m. ET and 5:00:00 p.m. ET (each, a "Tweet Period") Followers will have the opportunity to submit a Tweet (the "Tweet(s)") to the Channel offering the Follower's answer (the "Answer") to the Question. To be eligible to earn one (1) entry (the "Entry/Entries") in the Sweepstakes, the Tweet must:
i. be in accordance with the specific Submission Requirements listed below in Rule 4;
ii. contain an Answer that is determined by the Sponsor and/or its designated representative, in its sole and absolute discretion, to be the correct answer to the corresponding Question;
iii. comply with the Twitter Terms of Service and Twitter Rules available at www.twitter.com; and
iv. conform to Twitter's (140) character limitation.
c. Any Tweet that does not follow the above format (as determined by Sponsor and/or its designated representative in its sole and absolute discretion) will be discarded and will not earn an Entry in this Sweepstakes. Entrants must be the registered subscriber of the Account from which the Tweet is made. No third party entry or entry through a Sweepstakes service is permitted.
d. A Tweet will be considered to be void (and an Entry will not be granted) if the Tweet: (i) does not contain the correct answer to the corresponding Question (as determined by Sponsor and/or its designated representative in its sole and absolute discretion); (ii) is incomplete or illegible; (iii) is not submitted and received during the applicable Tweet Period following the applicable Announcement in accordance with these Rules; (v) does not conform to Twitter's (140) character limitation; (vi) does not comply with the Twitter Terms of Service and Twitter Rules; and/or (vii) is not in accordance with the specific Submission Requirements listed below in Rule 4 (all as determined by the Sponsor and/or its designated representative in its sole and absolute discretion).
e. Standard text messaging and/or data rates may apply to Followers who submit a Tweet via a wireless mobile device. Wireless service providers may charge for airtime for each standard text message sent and received. Please contact your service provider for pricing and service plan information and rates before mobile device participation.
f. There is a limit of one (1) Entry per person/email address/Account per week permitted during the entire Sweepstakes Period for a maximum of 4 Entries per month, regardless of how many Tweets you submit.
g. For greater certainty and the avoidance of any doubt, you can only use one (1) email address/Account to enter the Sweepstakes . If it is discovered that any person has attempted to: (i) obtain more than four (4) Entries per person/email address/Account during any one month within the Sweepstakes Period; and/or (ii) use (or attempt to use) multiple names, identities and/or more than one (1) email address or Account to enter the Sweepstakes ; then (in the sole and absolute discretion of the Sponsor) he/she may be disqualified from the Sweepstakes and all of his/her Entries voided. Use (or attempted use) of multiple names, identities, email addresses, Accounts and/or any automated, macro, script, robotic or other system(s) or program(s) to enter or otherwise participate in or disrupt this Sweepstakes is prohibited and is grounds for disqualification by the Sponsor. The Releasees (defined below) are not responsible for late, lost, misdirected, delayed, incomplete or incompatible Tweets and/or Entries (all of which are void).
h. IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL ANY PERSON/FOLLOWER BE PERMITTED TO OBTAIN MORE THAN FOUR (4) ENTRIES PER MONTH/DRAW IN THIS SWEEPSTAKES.
i. All Entries and Tweets are subject to verification at any time and for any reason. The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsor - including, without limitation, government issued photo identification) to participate in this Sweepstakes. Failure to provide such proof to the satisfaction of the Sponsor in a timely manner may result in disqualification. The sole determinant of the time for the purposes of a valid Tweet/Entry in this Sweepstakes will be the Sponsor's Official Clock.
4. SUBMISSION REQUIREMENTS:
BY SUBMITTING A TWEET, YOU AGREE THAT THE TWEET COMPLIES WITH ALL CONDITIONS STATED IN THESE RULES AND THE TWITTER TERMS OF SERVICE. THE RELEASEES (DEFINED BELOW) WILL BEAR NO LEGAL LIABILITY REGARDING THE USE OF ANY TWEET YOU SUBMIT. THE RELEASEES (DEFINED BELOW) SHALL BE HELD HARMLESS BY YOU IN THE EVENT IT IS SUBSEQUENTLY DISCOVERED THAT YOU HAVE DEPARTED FROM OR NOT FULLY COMPLIED WITH ANY OF THESE RULES.
Without limiting the generality of the requirements noted above in Rule 3, to be eligible for entry in this Sweepstakes , any Tweet you submit must be written in English only. By participating in the Sweepstakes, each entrant warrants and represents that any Tweet he/she submits:
i. is original to him/her and that the entrant has all necessary rights in and to the Tweet to enter the Sweepstakes ;
ii. does not violate any law;
iii. 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
iv. 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 Sponsor; any identifiable third party products, trade-marks, brands and/or logos, other than those of Sponsor; 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 Sponsor in its sole and absolute discretion.
By entering the Sweepstakes and submitting a Tweet, each entrant: (i) without limiting the Twitter Terms of Service and subject to applicable law, grants to the Sponsor, in perpetuity, a non-exclusive license to publish, display, reproduce, modify, edit or otherwise use his/her Tweet, in whole or in part, for advertising or promoting the Sweepstakes or for any other reason; (ii) waives all moral rights in and to his/her Tweet in favour of the Sponsor; and (iii) agrees to release and hold harmless the Sweepstakes Parties 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 Tweet. For greater certainty and the avoidance of doubt, the Sponsor and/or its designated representative reserves the right, in its sole and absolute discretion and at any time during the Sweepstakes , to modify, edit or disqualify any Tweet if a complaint is received with respect to the Tweet, or for any other reason. If such an action is deemed necessary at any point, then the Sponsor and/or its designated representative reserves the right, in its sole and absolute discretion, to disqualify the Tweet (and corresponding Entry) and/or the associated entrant. If the Sponsor and/or its designated representative determines, in its sole and absolute discretion, that any Tweet does not comply with these Rules for any reason at any time, then the Sponsor and/or its designated representative reserves the right, in its sole and absolute discretion, to disqualify the Tweet (and corresponding Entry) and/or the associated entrant. Tweets will NOT be judged.
5. THE PRIZES AND APPROXIMATE RETAIL VALUES:
There will be a total of a total of five (5) prizes (each, a "Prize") available to be won (one for each Draw Date - defined below), each consisting of one (1) BlackBerry® PlayBook® with an approximate retail prize value ("ARV") of $199 CAD/$198 USD. No wireless or data service is included.
Total ARV for all prizes: $995.00 CAD/$990.00 USD. Each Prize must be accepted as awarded and is not transferable, assignable or convertible to cash (except as may be specifically permitted by Sponsor in its sole and absolute discretion). No substitutions except at Sponsor's option. Sponsor reserves the right, in its sole discretion, to substitute any Prize or a component thereof with a prize or prizes of equal or greater value, including, without limitation, but at Sponsor's sole discretion, a cash award. Once confirmed as a winner in accordance with these Rules, the winner agrees to accept the applicable Prize "as is", and entrants hereby acknowledge that Sponsor has neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to a Prize, including, without limitation, to a Prize's quality, merchantability or fitness for a particular purpose or express warranties (if any) provided exclusively by a prize supplier that are sent along with the Prize. If a confirmed winner does not accept or use the entire Prize, the unaccepted or unused part of the applicable Prize will be forfeited and Sponsor will have no further obligation with respect to that Prize or portion of the Prize. In the case of a U.S. prize winner, the Prize winner will be solely responsible for all federal, state, and/or local taxes, and for any other fees or costs associated with the Prize he/she receives. Sponsor is not responsible for and winner will not receive the difference between the actual value of a Prize at the time of award and the stated ARV in these Rules or any Sweepstakes-related materials. If a confirmed Prize winner is a U.S. resident, he/she may be required to provide Sponsor with a valid taxpayer identification number or social security number before the Prize will be awarded for tax reporting purposes. Each Prize will only be awarded to the person who is verified as the "authorized account holder" (see below) of the Twitter account associated with the selected Entry. There is a limit of one (1) Prize per person. Any and all costs/expenses not specifically included in the Prize description are the sole and absolute responsibility of each confirmed winner.
6. RANDOM PRIZE DRAW AND WINNER SELECTION:
On each of Friday August 31; Friday September 28; Friday October 26; Friday November 30; and Friday December 28, 2012 (each, a "Draw Date") in New York, NY at 5:01 p.m. ET, one (1) eligible entrant will be selected by random draw from among all eligible Entries received in the immediately preceding month during the Sweepstakes Period. The odds of winning depend on the number of eligible Entries received during each such period within the Sweepstakes Period prior to each Draw Date. Non-winning entries from the preceding month will not roll forward to subsequent months.
The Sponsor or its designated representative will make a minimum of three attempts to contact each selected entrant by Twitter (using a personalized message to the Twitter account used to submit the corresponding selected Entry) within three business days of the applicable Draw Date. If a selected entrant cannot be contacted within three business days of the applicable Draw Date, or if there is a return of any notification as undeliverable; then he/she will be disqualified (and will forfeit all rights to the applicable Prize) and the Sponsor reserves the right, in its sole and absolute discretion, to randomly select an alternate eligible entrant from among the remaining eligible Entries received to date during the Sweepstakes Period prior to the applicable Draw Date (in which case the foregoing provisions of this section shall apply to such new selected entrant).
BEFORE BEING DECLARED A CONFIRMED WINNER OF A PRIZE, each selected entrant will be required to sign and return within seven business days of notification the Sponsor's affidavit of eligibility/liability release (declaration and release in Canada) form, which (among other things): (i) confirms compliance with these Rules; (ii) acknowledges acceptance of the applicable Prize as awarded; (iii) releases the Sweepstakes Parties and each of their respective officers, directors, agents, representatives, successors and assigns (collectively, the "Releasees") from any and all liability in connection with this Sweepstakes , the selected entrant's participation therein and/or the awarding and use/misuse of the applicable Prize or any portion thereof; (iv) agrees to indemnify the Releasees against any and all claims, damages, liabilities, costs, and expenses arising from use of his/her Tweet including, without limitation, any claim that his/her Tweet infringes a proprietary interest of any third party; and (v) agrees (except where prohibited by law or regulation) to the publication, reproduction and/or other use of the selected entrant's name, address, voice, statements about the Sweepstakes and/or photograph or other likeness without further notice or compensation, in any publicity or advertisement carried out by or on behalf of the Sponsor in any manner whatsoever, including print, broadcast or the internet, without time or territory restrictions. In addition, in the case of a Canadian selected entrant, he/she will be required to correctly answer a mathematical skill-testing question without mechanical or other aid to be administered via telephone at a pre-arranged mutually convenient time. If a selected entrant: (i) fails to return the properly executed Sweepstakes documents within the specified time; (ii) does not otherwise comply with these Rules (including, without limitation, the requirement to correctly answer a mathematical skill-testing question if a Canadian resident); and/or (iii) cannot accept the applicable Prize as awarded for any reason; then he/she will be disqualified (and will forfeit all rights to the applicable Prize) and the Sponsor reserves the right, in its sole and absolute discretion, to randomly select an alternate eligible entrant from among the remaining eligible Entries received to date during the Sweepstakes Period prior to the applicable Draw Date (in which case the foregoing provisions of this section shall apply to such new selected entrant).
7. GENERAL CONDITIONS:
By participating in this Sweepstakes , each entrant: (i) agrees to be legally bound by these Rules; (ii) agrees to release and hold harmless 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; and (iii) releases the Releasees from any and all liability in connection with this Sweepstakes and his/her participation therein.
The Releasees will not be liable for: (i) any failure of any website during the Sweepstakes ; (ii) any technical malfunction or other problems relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; (iii) the failure of any Tweet to be received and/or any Entry to be recorded for any reason including, but not limited to, technical problems or traffic congestion on the Internet or at any website or mobile network; (iv) any injury or damage to an entrant's or any other person's computer or other device related to or resulting from participating or downloading any material in the Sweepstakes ; and/or (v) any combination of the above.
In the event of a dispute regarding who submitted a Tweet, Tweets will be deemed to have been submitted by the authorized account holder of the Twitter account submitted at the time of entry (as determined in accordance with the official records of Twitter). An entrant may be required to provide proof (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification) that he/she is the authorized account holder of the Twitter account associated with the selected Tweet and, if applicable, that he/she has all necessary consents, permissions and/or licenses as required by these Rules.
The Sponsor reserves the right, in its sole and absolute discretion, to withdraw, amend or suspend this Sweepstakes (or to amend these Rules) in any way, in the event of an error, technical problem, computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure or any other cause beyond the reasonable control of the Sponsor that interferes with the proper conduct of this Sweepstakes as contemplated by these Rules. Any attempt to deliberately damage any website or to undermine the legitimate operation of this Sweepstakes in any way (as determined by Sponsor in its sole and absolute discretion) is a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law. The Sponsor reserves the right, in its sole and absolute discretion, to cancel, amend or suspend this Sweepstakes , or to amend these Rules, without prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind, or for any other reason.
This Sweepstakes is subject to all applicable federal, provincial/territorial, state and municipal laws. The decisions of the Sponsor with respect to all aspects of this Sweepstakes are final and binding on all entrants without right of appeal, including, without limitation, any decisions regarding the eligibility/disqualification of entrants and/or Tweets.
The Sponsor reserves the right, in its sole and absolute discretion, and without prior notice, to adjust any of the dates and/or timeframes stipulated in these Rules, to the extent necessary, for purposes of verifying compliance by any entrant, Entry and/or Tweet with these Rules, or as a result of any technical or other problems, or in light of any other circumstances which, in the opinion of the Sponsor, in its sole and absolute discretion, affect the proper administration of the Sweepstakes as contemplated in these Rules, or for any other reason.
In the event of any discrepancy or inconsistency between the terms and conditions of these Rules and disclosures or other statements contained in any Sweepstakes - related materials, including, but not limited to: website and/or point of sale, television, print or online advertising; the terms and conditions of these Rules shall prevail, govern and control to the fullest extent permitted by law.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules or the rights and obligations of entrants', Sponsor or the Releasees in connection with the Sweepstakes will be governed by and construed in accordance with the internal laws of the Province of Ontario, 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. The parties hereby consent to exclusive jurisdiction and venue of the courts located in Toronto, Ontario in any action to enforce (or otherwise relating to) these Rules or relating to this Sweepstakes.
BY ENTERING THE SWEEPSTAKES , EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TWO HUNDRED FIFTY U.S. DOLLARS ($250.00), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANTS' REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
OFFICIAL RULES: For a copy of these Official Rules prior to the end of the Sweepstakes Period, mail a self-addressed stamped envelope by first class mail to QNX Software Systems Limited, 1001 Farrar Road, Kanata, Ontario, Canada K2K 0B3 Attn: Marketing Department. United States and Puerto Rico residents may omit return postage.
WINNER'S LIST: A winner's list is available only within the ninety (90) days following the Sweepstakes Period. In order to obtain a winner's list, send a self-addressed, stamped envelope to QNX Software Systems Limited, 1001 Farrar Road, Kanata, Ontario, Canada K2K 0B3 Attn: Marketing Department. United States and Puerto Rico residents may omit return postage.