IMPORTANT: PLEASE READ THESE OFFICIAL RULES AND REGULATIONS ("OFFICIAL RULES") BEFORE ENTERING THE HSBC CELEBRATION OF LIGHT SWEEPSTAKES (THE "SWEEPSTAKES"). BY ENTERING THE SWEEPSTAKES, AN ENTRANT REPRESENTS THAT HE OR SHE SATISFIES ALL OF THE ELIGIBILITY REQUIREMENTS IN SECTION 2 BELOW AND AGREES TO BE BOUND UNCONDITIONALLY BY THESE OFFICIAL RULES AND ALL DECISIONS OF EXPONENTIA COMMUNICATIONS CORPORATION ("EXPONENTIA"), WHICH ARE FINAL WITH RESPECT TO ALL MATTERS RELATING TO THE SWEEPSTAKES.
1. Sweepstakes Period: The Sweepstakes will run from 12:00 a.m. PST, July 6, 2007, until 11:59 p.m. PST August 2, 2007.
Entrants may not play the Sweepstakes with multiple wireless phone numbers to play multiple times or as multiple entrants. Limit of three (3) Sweepstakes entry per entrant and per wireless phone number. In the event of a dispute as to the identity of the entrant who submitted a selected entry with a mobile phone, the selected entry will be deemed to be made by the Authorized Account Holder (defined below) of the mobile phone number at the time of entry. The "Authorized Account Holder" is the natural person who is assigned a mobile telephone number by a wireless provider, telecommunications carrier or other organization responsible for assigning the submitted mobile telephone number. If you submit entries then you may be required to provide Exponentia with proof that you are the Authorized Account Holder of the mobile telephone number associated with the selected entry.
2. Eligibility: NO PURCHASE NECESSARY TO ENTER OR WIN; PURCHASE WILL NOT INCREASE ODDS OF WINNING. THE SWEEPSTAKES IS ONLY OPEN TO RESIDENTS OF CANADA (EXCLUDING QUEBEC) AND THE UNITED STATES (EXCLUDING PUERTO RICO, FLORIDA AND NEW YORK) WHO ARE 13 YEARS OF AGE OR OLDER. To be awarded the prize, the winner must be able to attend the Celebration of Light Grand Finale on August 4th, 2007. An entrant under the age of majority in the province and/or state in which he or she resides is eligible to participate in the Sweepstakes, provided that such entrant's parent or legal guardian agrees to comply with these Official Rules (compliance by such parent or guardian including, but not limited to, the execution of the Declaration and Release referred to below) and, if such minor entrant is declared a Winner (as defined below), accept the prize on his/her behalf. This Sweepstakes is not open to (i) employees of Exponentia and its advertising and promotional agencies and (ii) members of the respective immediate families of, and any person domiciled with, any of the persons described in (i) above.
3. How to Enter: To enter the Sweepstakes by mobile phone, you may take the following steps. First, generate a new text or SMS message with your mobile phone. With many phones, you may generate a new text or SMS message by opening your phone's main menu and selecting Messages, then Text, then Write New. After you have generated a new text or SMS message, send the keyword "LIGHT" to the short code 24365. You will receive a message asking you to confirm participation and there will be a maximum of 6 messages, including registration. Each pick costs twenty-five cents ($.25) in the currency of the country in which your mobile phone subscription is active. To confirm your participation, reply with the message "GO" to the short code 24365. Once registered you will receive a text message after every fireworks display (maximum of 3), asking you to rate the display on a scale of 1-10. Reply to the message with your rating in order to register your vote and record an entry to the sweepstakes. Only the first vote by any registered user for each night of the HSBC Celebration of Light will be recorded for judging purposes, and as an entry to the sweepstakes.
Not all phones offer text messaging or SMS. Your phone may require different procedures to send an SMS or text message. Consult your phone's instruction manual to determine how to send an SMS or text message with your phone. To enter the Sweepstakes via text message/SMS, you must have a mobile telephone that has a two-way text messaging capable handset and digital service feature. Text messaging/SMS is not available in all areas. Standard text messaging/SMS service charges apply. Check your carrier plan for your standard text messaging fees.
Eligible persons may enter the Sweepstakes without purchase by completing all of the following information on a plain white sheet of paper and mailing it to Exponentia Communications Corporation, 610-425 Carrall Street, Vancouver, BC, V6B-6E3, Attn: "HSBC Celebration of Light Sweepstakes". The required information includes: indication of the HSBC Celebration of Light night for which you would like to participate (identified by date), your full name, age, complete mailing address, daytime address, daytime phone number and your e-mail address. To be eligible, entries must be received no later than 11:59 p.m. PST on Thursday, August 2nd. Exponentia will only accept one (1) mailed-in entry per residential address for each of the 3 nights of the HSBC Celebration of Light Sweepstakes. The 3 nights are July 25th, July 28th and August 1st, 2007. Exponentia will not accept any mail-in entries for the Sweepstakes by phone, fax, e-mail or otherwise.
4. Prizes: One (1) prize will be awarded for HSBC Celebration of Light during the Sweepstakes Period. The prize consists of a 2 Passes to the August 4th, 2007 Grande Finale from the official judges' seating area..
Odds of a particular entrant winning a prize in a given Prize Period are dependent upon the number of Entrants during such Prize Period. No prize may be redeemed for cash or transferred. All prizes are awarded "AS IS" and WITHOUT WARRANTY OF ANY KIND, express or implied, (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). No prize substitutions allowed, except at Exponentias sole discretion. If for any reason a prize cannot be awarded as described in these Official Rules, a prize of equal or greater value may be substituted by Exponentia in its sole discretion. All incidental costs and expenses not specifically referred to herein are not included and are the sole responsibility of the Winner. ALL WINNERS ARE SOLELY RESPONSIBLE FOR USE OF ANY PRIZES.
5. Winner selection: Exponentia will randomly select one (1) entry from all entries to be conducted at 9:00 a.m. PST August 3rd, 2007 and the winner will be contacted by phone. The winner will be given three (3) hours to respond and confirm eligibility and be declared a winner. If the winner is not confirmed in time then a second random entry will be drawn and given three (3) hours to respond and confirm eligibility. This process will continue until a winner is confirmed.
To be declared a Winner, a potential winner must sign and return a standard form Declaration and Waiver confirming his or her acceptance and compliance with these Official Rules and releasing Exponentia, HSBC Celebration of Light and each of their respective employees, directors, officers, governors, affiliates, representatives, parent companies, subsidiaries, professional advisors, and advertising and promotional agencies (collectively, the "Released Parties") from any and all liability arising out of, pursuant to, or as a result of the carrying out of the Sweepstakes, including, without limitation, liability arising from the acceptance of and usage of the prizes as awarded, the administration of the Sweepstakes and the selection of Winners. If a potential winner is under the age of majority in his or her state or province of residence, his/her parent or legal guardian must sign the Declaration and Waiver prior to being awarded a prize. Upon Exponentia's receipt of an executed Declaration and Waiver from the potential winner's parent or legal guardian, such potential winner will be deemed a "Winner" and the parent or legal guardian may claim the prize on such Winner's behalf.
6. Exponentia Ownership of Entries: All entries and materials submitted to Exponentia in connection with the Sweepstakes (collectively, "Entry Materials"), along with all copyright, trademark and other proprietary rights associated therewith, become the property of Exponentia upon submission, and Entry Materials will not be returned to any Entrant. All entrants agree to take, at Exponentia's expense, any further action (including, without limitation, execution of affidavits and other documents) reasonably requested by Exponentia to effect, perfect or confirm Exponentia's ownership rights as set forth above in this Section 6.
7. Use of Winner's Name, Likeness, Etc.: Except where prohibited by law, by entering the Sweepstakes, all entrants hereby grant to HSBC Celebration of Light and Exponentia the unlimited right (but not the obligation) to publish and use, without payment or other compensation and without notice, consent or approval, his/her name, photograph and likeness, address (city/town, province, state), voice, and the whole or part of any statement or statements he/she has made or makes about the Sweepstakes or a prize in any publicity, program or advertising, without geographic limit and in perpetuity, in any medium now known or hereafter devised (including, without limitation, the Internet), and hereby consents unconditionally to any such publication or use without further notice, consent, approval or compensation.
8. General Release: By entering the Sweepstakes, each Entrant hereby releases the Released Parties from any and all liability whatsoever, and waives any and all causes of action, related to any injuries, loss or damage of any kind to any person or persons (including, without limitation, death or personal injuries, property damage, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional) resulting in whole or in part, directly or indirectly, from acceptance, possession, use and misuse of, and inability to use, any prize or any part of any prize or otherwise related to participation in the Sweepstakes.
IF YOU ARE A MINOR, YOUR PARENTS OR LEGAL GUARDIANS FURTHER AGREE TO INDEMNIFY EACH OF THE RELEASED PARTIES FROM ANY CLAIMS, COSTS, INJURIES, LOSSES, OR DAMAGES DESCRIBED IN THE PRECEDING PARAGRAPH WHICH MAY BE SUFFERED BY YOU.
9. Indemnification: By entering the Sweepstakes, each Entrant agrees to fully indemnify and hold harmless the Released Parties against any and all liability, damages or causes of action (however named or described) with respect to or arising out of: (i) such Entrant's participation in the Sweepstakes, (ii) the receipt or use of any prizes awarded therein; and (iii) the administration of the Sweepstakes and distribution of the prizes awarded therein.
10. Limitation of Liability: The Released Parties shall not be liable any damages caused or alleged to be caused by: any entry, prize or other correspondence or data that is lost, stolen, late, garbled, distorted, delayed, damaged or misdirected for any reason; for any failure, interruption, technical malfunction or delay; any e-mail, text or SMS message or other communication sent or received to or from Exponentia or any of its agents or designees, for any reason; for any incorrect, untimely or inaccurate information, whether caused by the Site, users or by equipment or programming errors associated with or utilized in the Sweepstakes; for any technical or human error which may occur in the processing of any entry or entries in the Sweepstakes; for problems with the function of any website or website feature (including, without limitation, the Site or any features thereon), howsoever caused; for the malfunction of, or damage caused to, any telephone network or lines, computer equipment, data, software, online systems, servers or access providers; for any functionality lost due to not having cookies enabled; for traffic congestion on the Internet; for the security or privacy of information transmitted via computer networks; or for breaches of privacy due to interference by third party computer "hackers" or for any damage caused to or incurred by any Entrant or any other person by reason of any such event or occurrence. Nor is responsibility assumed for printing errors appearing in these Official Rules or related Sweepstakes materials.
11. General Rules: The Sweepstakes is subject to all applicable provincial, local, state and federal laws and regulations. The Sweepstakes is void wherever prohibited by law or wherever registration, taxing or bonding of the Sweepstakes is required. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations as between Entrant and Exponentia and any of the Released Parties in connection with the Sweepstakes shall be governed by and construed in accordance with the laws of the Province of British Columbia, 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.
Any attempt by any person to tamper with the entry process, to interfere with the proper administration and enforcement of these Official Rules or the Sweepstakes, to deliberately damage the Site or any other website, to use or promote any portion of the Site or the Sweepstakes for purposes of conducting or promoting illegal gambling, to undermine the administration, security or legitimate operation of the Sweepstakes or to engage in any conduct that is unfair or detrimental to the Sweepstakes or Exponentia, may constitute a violation of law, and Exponentia reserves the right to seek damages and/or other relief from all persons responsible for such acts to the fullest extent permitted by law, which may include, without limitation, banning or disqualifying entrants and other persons from participating in this Sweepstakes and future games, promotions, contests and competitions offered by Exponentia. Exponentia reserves the right to lock out persons whose eligibility is in question or who have been disqualified or are otherwise ineligible to enter the Sweepstakes.
Exponentia may provide a schedule for the HSBC Celebration of Light on the Site or in printed or other materials. Any schedule provided by Exponentia is provided as a convenience only and is not official. The HSBC Celebration of Light may be rescheduled by the Celebration of Light management group. While Exponentia will attempt to update any schedules on its Site or otherwise as warranted, it cannot guarantee that any dates or times in such schedule(s) are accurate, timely or complete.
Exponentia reserves the right to substitute prizes of equal or greater value and/or to terminate, modify or withdraw this Sweepstakes, in whole or in part (including, but not limited to, by altering the manner in which prizes are distributed), at any time, without prior notice and for any reason including, but not limited to, the delay, postponement, forfeiture or cancellation of any event, or if viruses, bugs, malicious software, network failures, tampering or other causes beyond Exponentia's control may, as determined by Exponentia in its sole discretion, affect the administration, security, fairness or proper play or conduct of the Sweepstakes. In the event that a substitute prize is awarded, such prize must be accepted as awarded and cannot be exchanged for cash or otherwise. Further, Exponentia reserves the right to disqualify any Entrant and void any entries of that Entrant who it believes has tampered with the entry process or any other component of the Sweepstakes, whose conduct or action may affect the administration, security or fairness, integrity or proper conduct of the Sweepstakes, or who fails to meet or abide by these Official Rules. All entries are subject to verification and may be declared invalid if they are determined by Exponentia to have been forged, falsified, altered, improperly submitted, violative of these Official Rules or tampered with in any way.
The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
12. Winners List; Rules Request: For a copy of the Winners list, send a stamped, self-addressed, business-size envelope after August 4, 2007 and before August 4, 2008 to Exponentia at the address listed below, Attn: HSBC Celebration of Light Sweepstakes Winners List. To obtain a copy of these rules, send a stamped, self-addressed business-size envelope to Exponentia at the address listed below, Attn: HSBC Celebration of Light Sweepstakes Rules Request. Residents of VT may omit return postage.
13. Copyright Notice: The Sweepstakes and all accompanying materials are copyright © 2006 by Exponentia Communications Corporation or its licensors. All rights reserved.
14. Sponsor: The sponsor of the Sweepstakes is Exponentia Communications Corporation, 610-425 Carrall Street, Vancouver, BC, V6B 6E3.