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THE Thrive Fitness CONTEST (THE "CONTEST") IS INTENDED TO BE CONDUCTED IN CANADA ONLY AND SHALL BE CONSTRUED AND EVALUATED ACCORDING TO APPLICABLE CANADIAN LAW. THE CONTEST IS OPEN TO LEGAL RESIDENTS OF CANADA (EXCLUDING QUEBEC). DO NOT ENTER THIS CONTEST IF YOU ARE NOT A LEGAL RESIDENT OF CANADA. NO PURCHASE IS NECESSARY. PARTICIPANTS MUST BE OF THE AGE OF MAJORITY OR OLDER IN THEIR PROVINCE OF RESIDENCE AT TIME OF ENTRY. VOID IN WHOLE OR PART WHERE PROHIBITED BY LAW. ENTRY IN THIS CONTEST CONSTITUTES ACCEPTANCE OF THESE CONTEST RULES (THE "CONTEST RULES").
- ELIGIBILITY.
To be eligible to participate in the Contest, an individual must be a legal resident of Canada (Quebec residents excluded).
To be eligible to win the Contest, an individual must:
a. be over the age of majority in their province or territory of residence, or have a parent or legal guardian willing to claim the prize;
b. be otherwise eligible pursuant to these Contest Rules.
Employees, representatives, or agents of Penguin Group (Canada) (the “Sponsor”), their respective affiliates, subsidiaries, related companies, advertising and promotional agencies, the Jury as defined in Rule 5 below, and the household members and/or the immediate family of any of the above, are not eligible to participate in the Contest. For the purposes of these Contest Rules, “immediate family” means husband, wife, spouse, mother, father, brother, sister, son, and/or daughter, whether or not they reside in the same household.
The Sponsor shall have the right at any time to require proof of identity and/or eligibility to participate in the Contest. Failure to provide such proof may result in disqualification. All personal and other information requested by and supplied to the Sponsor for the purposes of this Contest must be truthful, complete, accurate, and in no way misleading. The Sponsor reserves the right, in its sole discretion, to disqualify any entrant should any entrant at any stage supply untruthful, incomplete, inaccurate, or misleading personal details and/or information.
- CONTEST PERIOD.
The Contest begins at 9:00 a.m. Eastern Standard Time ("EST") on February 13, 2009 and closes at 5:00 p.m. EST on May 31, 2009 (the "Contest Period").
- HOW TO ENTER.
There is no purchase necessary to enter the Contest. To enter, visit http://www.thrivediet.com/thrivecontest.html (the "Contest Website"). To enter by mail, clearly print your name, complete mailing address and telephone number on a plain piece of paper and mail it to the attention of Library Contest c/o Penguin Books at 90 Eglinton Avenue East, Toronto, Ontario M4P 2Y3. Submission of the entry constitutes an "Entry" in the Contest. No Entries will be accepted by any other means.
Limit of one (1) Entry per household. 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 these 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. Potential winner may be required to provide Sponsors with proof that the potential winner is the authorized account holder of the e-mail address associated with the winning Entry.
- PRIZE.
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Grand Prize. There will be one (3) Grand Prizes ("Grand Prize") awarded to the Contest winners ("Winners") per month consisting of a prize packs (each prize pack includes one copy of Thrive Fitness, one copy of The Thrive Diet, and one 454g tub of Berry Vega Whole Food Health Optimizer)
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Prizes will be distributed within sixty (60) days after each Winner has been successfully contacted and notified of their prize and has complied with all Contest Rules and requirements.
All prizes must be accepted as awarded and cannot be transferred, assigned, substituted or redeemed for cash. Sponsors reserve the right, in their sole discretion, to substitute a prize of equal or greater value if the described prize cannot be awarded for any reason.
- WINNER SELECTION.
Three (3) Winners shall be selected as follows:
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On or around March 31, 2009, April 30, 2009 and May 31 2009 in Toronto, Ontario at 1:00 p.m. EST, three (3) potential winners for the Grand Prizes will be selected by a random draw from all eligible entries received. The odds of being selected as a potential Winner are dependent upon the number of eligible Entries received. Before being declared a Winner, potential winner shall be required to answer, without assistance of any kind, whether mechanical or otherwise, a time-limited mathematical skill-testing question during a pre-arranged telephone call, and to comply with these Contest Rules.
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THE SELECTED POTENTIAL WINNERS WILL BE NOTIFIED BY TELEPHONE NO LATER THAN March 31, 2009, April 30, 2009, and May 31 2009 AND MUST RESPOND WITHIN TWO (2) BUSINESS DAYS OF NOTIFICATION. Upon notification, the selected potential winners must respond by telephone to the contact number provided in the notification, and the selected potential winner’s response must be received by Sponsors within two (2) business days of such notification. If the selected potential winners do not respond in accordance with these Contest Rules, he/she will be disqualified and will not receive a prize and another potential winner will be selected. Sponsors are not responsible for the failure for any reason whatsoever of a selected potential winner to receive notification or for Sponsors to receive a selected potential Winner's response.
- RELEASE.
Winners will be required to execute a legal agreement and release ("Release") that confirms Winners': (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, employees, directors, officers, suppliers, agents, sponsors and administrators (collectively, the "Releasees") from any and all liability for any loss, harm, damages, cost or expense arising out of participation in this Contest, participation in any Contest-related activity or the acceptance, use, or misuse of any prize, including without limitation 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 Sponsors of the unrestricted right, in the Sponsors' collective or individual discretion, to publish without any further compensation the name, picture, portrait, likeness, audio and/or video recording, interview and voice and any website dissemination or broadcast thereof of that entrant for advertising and promotional purposes. The executed Release must be returned within two (2) business days of the date indicated on the accompanying letter of notification or the selected potential winner will be disqualified and the prize forfeited.
- 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, Releasees 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 this Contest, any breach of these 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.
- LIMITATION OF LIABILITY.
Sponsors assume no responsibility or liability for lost, late, misdirected or incomplete Entries, notifications, responses, replies or any Release, or for any computer, online, telephone, hardware, software or technical malfunctions that may occur, including but not limited to malfunctions that may affect the transmission or non-transmission of an Entry. 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. 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. 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. 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. 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.
- CONDUCT.
By entering this Contest, entrant agrees to be bound by these Contest Rules, which will be posted at the Contest Website throughout the Contest Period. Entrant further agrees to be bound by the decisions of the Sponsors, which shall be final and binding in all respects. 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 or 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 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, SPONSORS RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING BUT NOT LIMITED TO CRIMINAL PROSECUTION.
- PRIVACY / USE OF PERSONAL INFORMATION.
Entrant grants Sponsors the right to: (a) use his or her personal information for the purpose of administering the Contest; (b) use his or her name, photograph, likeness, voice, prize information and/or biographical information for publicity and promotional purposes without further compensation unless prohibited by law; and (c) use his or her name and his or her respective city and province of residence in connection with the Contest Website, other related websites and/or any other media now known or hereafter devised. Personal information will not be provided to any third party other than as provided for in these Contest Rules. Sponsors and any third party agents of the Sponsors will use personal information only for purposes related to this Contest and will be required to protect all personal information in a manner that is consistent with the Pearson Canada Inc. Privacy Policy available at: www.penguin.ca.
- INTELLECTUAL PROPERTY.
All intellectual property, including but not limited to trade-marks, trade names, logos, designs, promotional materials, web pages, source code, drawings, illustrations, logos, slogans and representations are owned by Sponsors and/or their affiliates, or other materials which are owned by. 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.
- LAW.
These are official Contest Rules. This Contest is subject to applicable federal, provincial and municipal laws and regulations. These Contest Rules are subject to change without notice in order to comply with any applicable federal, provincial or municipal laws or the policy of any other entity having jurisdiction over the Sponsors.
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Copyright © 2009 Penguin Group (Canada), a division of Pearson Canada Inc.
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