THE SOUTH AFRICA BBM STICKER CONTEST
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THESE OFFICIAL RULES APPLY TO THE SOUTH AFRICA BBM STICKER CONTEST (“CONTEST”), SPONSORED AND ADMINISTERED BY BLACKBERRY LIMITED (“SPONSOR”). BY ENTERING, YOU ARE DEEMED TO HAVE READ, ACCEPTED AND AGREED TO BE BOUND BY THESE OFFICIAL RULES AND THE DECISIONS OF SPONSOR, WHICH SHALL BE FINAL AND BINDING ON ALL MATTERS RELATING TO THIS CONTEST.
- CONTEST PERIOD: The Contest begins at midnight South Africa Standard Time (SAST) on November 22 2015 and ends at the end of the Voting Period (as defined in Section 3 below) (“Contest Period”).
2.1 To be eligible to win a Prize (as defined in Section 5) you must be a legal resident of South Africa, and be at least 18 years of age. Companies and/or other organizations are not eligible to participate in the Contest.
2.2 Additionally, to be eligible to participate in the Contest you must have signed up for a Facebook ID. If you are not eligible to sign up for Facebook ID, you are not eligible to participate in the Contest. The requirements to sign up for a Facebook ID, including the terms and conditions applicable to your Facebook ID, are set out at https://www.facebook.com/terms.php. You acknowledge and agree that Facebook Inc. provides Facebook IDs and Sponsor has no liability to you, or any third party, whatsoever arising from, or in association with, your use of a Facebook ID.
2.4 Employees, contractors, directors and officers of Sponsor and its affiliates, subsidiaries, distributors, sales representatives, retailers and advertising, promotion and judging agencies and all other service agencies and providers involved with the Contest, and members of the immediate family (spouse, parent, child, sibling and their respective spouses, regardless of where they reside) and households of each, whether or not related, are not eligible to participate or win. Void where prohibited by law.
- HOW TO PARTICIPATE:
3.1 Subject to rule 2, You may participate in the Contest either by submitting an original Sticker pack consisting of three (3) to twenty-five (25) Stickers (“Sticker Pack”) between November 23, 2015 and December 16, 2015 (the “Submission Period”) or by voting for your favourite Sticker Pack(s) between December 1, 2015 and December 20, 2015 (the “Voting Period”). Stickers Packs must be submitted to Sponsor by means of the Contest Portal and require an accompanying name and email address. Stickers Packs submitted using any other means will be disqualified. Further, all Stickers within the Sticker Pack must comply with technical requirements available at http://www.bbmstickathon.co.za and the BBM Content Guidelines available at http://global.blackberry.com/en/legal/bbm-channels-content-guidelines.html. Person(s) who submit a Sticker Pack containing Stickers which do not comply the foregoing shall automatically be disqualified. YOU ACKNOWLEDGE AND AGREE THAT BY SUBMITTING A STICKER PACK TO THE CONTEST, YOU GIVE UP ALL OF YOUR RIGHT, TITLE AND INTEREST (COLLECTIVELY “RIGHTS”) IN AND TO EACH AND EVERY STICKER INCLUDED IN THE STICKER PACK WITHOUT FURTHER COMPENSATION TO YOU AND YOU WILL NO LONGER BE ABLE TO COMMERCIALIZE, DISTRIBUTE OR FURTHER LICENSE SAME. IF YOU HAVE WISH TO RETAIN THE RIGHTS IN YOUR STICKERS OR THE UNDERLYING CHARACTERS, ILLUSTRATIONS, AND OTHER GRAPHIC IMAGES YOU SHOULD NOT INCLUDE SUCH STICKERS IN ANY STICKER PACK WHICH YOU ENTER INTO THE CONTEST. During the three week period commencing at the end of the Submission period the Contest Portal will allow participants to vote for their favorite sticker. Sponsor reserves the right to disqualify votes submitted in contravention of these Official Rules. “Sticker” means characters, illustrations, and other graphic images in still or animated form (a/k/a ‘stickers’, ‘emoji’ or ‘emoticons’) for use in mobile messaging communications.
3.2 There is no limit to the number of times you may vote during the Voting Period provided you may only: (i) vote from a single Facebook ID and (ii) vote for particular Sticker Pack once.
3.3 The use of automated devices or any other mechanism that will circumvent the proper conduct of this Contest, whether intentional or otherwise, is prohibited. Anyone found to be using multiple Facebooks accounts, aliases or other identification to submit multiple Sticker Packs or vote will be deemed ineligible to win a Prize, and their vote(s) will be disqualified, as applicable.
3.4 Sponsor is not responsible for any change of email address, address, or FaceBook ID by you.
- WINNER SELECTION AND REDEMPTION OF PRIZES:
4.1 At the end of the Voting Period, Sponsor will select, in its sole discretion, winning thirteen Sticker Packs (the “Winning Sticker Packs”) from the twenty Sticker Packs which receive the most votes. In the event that there is a tie such that more than twenty Sticker Packs should qualify to be judged by the panel (as set out in the next sentence), all such tying Sticker Packs will be so judged. The Winning Sticker Packs will be selected by a panel of judges consisting of representatives from the Sponsor using the following criteria: quality of Stickers, usefulness of Stickers and expressiveness of Stickers, each to be judged in the jury’s sole discretion. A Prize (as defined below) will be awarded to each of the eligible participants who submitted a Sticker Pack which is a Winning Sticker Pack.
4.2. If the Sticker Pack you submit is not a Winning Sticker Pack, you will not receive a Prize. If the Sticker Pack you submit is a Winning Sticker Pack you will be automatically notified by email (“Confirmation Email”) that you have won a Prize (and will be deemed a “Winner” for the purposes of these Official Rules), which may take up to six (6) weeks to occur. Winners must reply to the Confirmation Email with a valid South African shipping address (“Shipping Address”) within thirty (30) days. If Winner does not respond to Confirmation Email with a valid Shipping Address within thirty (30) days, or a Prize is returned as undeliverable, or the Winner is unable to accept the Prize for any reason, the Winner will be disqualified and the Prize will be forfeited. Sponsor will only send one Confirmation Email.
4.3 The odds of winning depend on the number of eligible participants and the relative number of Sticker Pack submissions by eligible participants.
- PRIZES: There are thirteen (13) prizes available to be won (each a “Prize”). The Prize for first place is an iMac 21.5 inch plus a Wacom Intuos Pro Medium Tablet, the prize for second place is a MacBook Pro 13 inch plus a Wacom Intous Pro Small Tablet, the prize for third place is a Wacom Intuos Pro Medium Tablet and the ten (10) runner up prizes are a Wacom Intuos Draw Pen Tablet shipped to the Winner. There is a limit of one (1) prize per person. Prizes are not transferable and must be accepted as awarded with no substitutions, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize of equal or greater value if a Prize cannot be awarded as described for any reason.
- ASSIGNMENT: You hereby irrevocably sell, assign, transfer and convey to Sponsor in perpetuity throughout the world and free of all claims and restrictions, all right, title and interest in and to any and all Sticker Packs, including all Sticker(s) contained therein, which you submit to the Contest Portal and You hereby waive (and agree not to enforce) all droit moral, moral rights of authors or other similar rights (collectively, “Moral Rights”) which You may now or later have in or relating to the Sticker Packs and Stickers. YOUR ENTRANCE IN THIS CONTEST IS YOUR FULL AND COMPLETE COMPENSATION FOR ALL OF THE RIGHTS ASSIGNED, GRANTED AND LICENSED, AND OBLIGATIONS UNDERTAKEN, BY YOU PURSUANT TO THESE OFFICIAL RULES.
- COVENANTS/REPRESENTATIONS/WARRANTIES: You hereby covenant, represent, and warrant that: (a) You have the capacity and authority to enter into this Contest and to grant the rights and licenses herein assigned and granted and (b) any Sticker Pack(s), including each and every Sticker contained therein, which you submit to the Contest Portal: (i) is original; (ii) is free of any liens, encumbrances or licenses to third parties; and (iii) does not and shall not violate any law or infringe the rights of any third party (including, without limitation, any third party’s Intellectual Property rights, Moral Rights, or rights of privacy, personality or publicity). Any Sticker Pack which is in breach of this Section 7 shall be automatically disqualified.
- Your Likeness. You hereby grant to Sponsor and Sponsor’s representatives the non-exclusive, perpetual, worldwide right and license to use, publish, reproduce, , and display, on and/or through any media in connection with the exploitation of any Sticker Pack, including the Stickers contained therein, which you submit to the Contest Portal your name. You further agree that Sponsor may disclose that you are a Winner..
- INTERNET: Sponsor is not responsible for lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered, or garbled correspondence or submissions or for any incorrect or inaccurate information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error or fraud which may occur. Sponsor is not responsible for computer system, phone line, hardware, software, cable, satellite, Internet Service Provider (ISP) or program malfunctions, or other errors, failures or delays in computer transmissions or network connections. Sponsor is not responsible for any errors whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to, or in connection with, the Contest including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing of BBM contacts or other relevant matters, the announcement of the Prizes, or in any Contest-related materials. Sponsor reserves the right at its sole discretion to disqualify any individual, and void his or her participation, who tampers with the contest process.
- RIGHT TO CANCEL, TERMINATE, MODIFY OR SUSPEND: Subject to applicable laws, Sponsor may in its sole discretion cancel, terminate, modify, suspend, or re-run the Contest and withhold the Prize(s), including without limitation, if there are insufficient eligible participants or for any reason, or any aspect of this Contest is not capable of running as planned, including by reason of computer virus, communications network failure, bugs, tampering, unauthorized intervention, fraud, technical failure or any other cause beyond the control of Sponsor,. In the event the Contest is cancelled or terminated, Sponsor reserves the right to conduct a random draw from among all eligible participants. In the event of such an occurrence Sponsor may post a notice on the Contest Site. Sponsor shall have the right to at its sole discretion and without notice (i) modify these Official Rules and/or (ii) extend the Submission Period and/or Voting Periods at its sole discretion.
- RELEASE: By participating, and to the extent permitted by applicable laws, you agree: (a) to release Sponsor and any third-party retained by or on behalf of Sponsor for the purposes of executing and administering the Contest and each of their respective parents, affiliates, subsidiaries, retailers, distributors, sales representatives, distributors, advertising, promotion and judging agencies and all other service agencies and providers involved with this Contest and each of their officers, directors, employees and agents (collectively, “Released Parties”) from any and all liability, loss or damage incurred with respect to their participation in the Contest and the awarding, receipt, possession, and/or use or misuse of any Prize; and (b) that under no circumstances will you be permitted to obtain awards for, and they hereby waive all rights to claim, any punitive, incidental, consequential or other damages including, but not limited to attorneys’ fees or other court costs, other than for actual out-of-pocket expenses. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to participants. By participating in the Contest, you agree that your participation is gratuitous and made without restriction and will not place Sponsor under any obligation.
- GOVERNING LAW: This Contest is governed by, subject to and is to be interpreted, construed and enforced in accordance with the federal, provincial, state, territorial and local laws of Ontario without regard to conflict of law principles. Any dispute under these Official Rules shall be subject to the non-exclusive jurisdiction of the courts of the Province of Ontario. You irrevocably waive any objection on the grounds of venue, forum non conveniens or any similar grounds and irrevocably consent to service of process by mail or in any other manner permitted by applicable law and consent to the jurisdiction of the courts of the Province of Ontario. You further hereby waive any right to a trial by jury with respect to any lawsuit or judicial proceeding arising or relating to these Official Rules.
- Severability: Any provision in these Official Rules which is held to be invalid or unenforceable for any reason by any court, governmental department, body or tribunal, or in any applicable jurisdiction shall be ineffective to the extent of such invalidity or unenforceability and will not invalidate or render unenforceable the remaining provisions hereof and should any provision be held invalid or unenforceable in an applicable jurisdiction such provision shall not be invalidated or rendered unenforceable in any other jurisdiction.