OFFICIAL CONTEST RULES GOVERNMENT OF PRINCE EDWARD ISLAND “HEART OF THE ISLAND” (“CONTEST”) 

ELIGIBILITY: 

Contest is open to legal residents of Prince Edward Island, British Columbia, Alberta, Saskatchewan, Manitoba, Ontario, Newfoundland and Labrador, New Brunswick and Nova Scotia including minors with parental consent in their province of residence at the time of entry.

CONTEST PERIOD: Contest begins on April 14, 2011 12:00 pm Atlantic Standard Time (AST) and ends on April 17, 2011 at 12:00 pm AST (the “Contest Period”).

HOW TO ENTER: No purchase necessary. To enter, you must submit a video, picture, or story (the “entry”) in one of the following two ways:

a. Online: You can upload your Entry at www.shareyourpei.com (the “Website”) during the Contest Period. When you upload your Entry, you will be asked to provide your first name, last name, postal code and email address; OR

b. Kiosk: You can visit our kiosk at the at the Scotties Tournament of Hearts between April 14, 2011 and April 17, 2011 during the hours of operation and a representative of the Sponsor will help you create your Video (i.e., film you). When you visit the kiosk you will be asked to provide your first name, last name, postal code and email address. Once your Video is complete, it will be uploaded to the Website (subject to compliance with these Rules) by a representative of the Sponsor.

Your Entry must be in accordance with the specific requirements listed below and must depict and/or describe what the heart of the Island means to you or why the Island is so special. You may only submit one (1) Entry per person/email address during the Contest Period. If it is discovered that you attempted to submit more than one (1) Entry per person/email address during the Contest Period, then all your entries will be void. In addition to meeting the eligibility requirements (above), you will not be eligible to enter the Contest unless your Entry: (i) is submitted during the Contest Period; and (ii) conforms to the specific requirements listed below. Without limitation, the Contest Parties are not responsible for late, lost, misdirected, delayed, incomplete or incompatible Entries.

ENTRY REQUIREMENTS: Your submitted Entry must never have been previously exhibited publicly or selected as a winner in any other contest. To be eligible for entry in the Contest, your Video must meet the following specific requirements:

Maximum Length: 3 minutes

Language: English

Specific Content Requirements: Entry must depict and/or describe what the heart of the Island means to you or why the Island is so special. By participating in the Contest, each entrant agrees to be bound by these Official Rules (the “Rules”) and by the interpretation of these Rules by the Sponsor, and further warrants and represents that his/her Entry:

i. is original to him/her and that the entrant has all necessary rights in and to the Entry and all of its components to enter the Contest. For example, you must have permission from the author/creator/owner/subject to use any and all pictures, photographs, and/or music contained in your Video, Picture or Story;

ii. does not violate any law, statute, ordinance or regulation;

iii. does not contain any reference to or likeness of any third parties, unless consent has been obtained from all such individuals (NOTE: if a Video or picture contains any reference to or likeness of any third parties who are under the age of majority in their jurisdiction of residence, then consent must also be obtained from any such persons parent or legal guardian);

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 for payment whatsoever; and

v. is not defamatory, trade libelous or obscene, and further that it will not contain, depict, include, discuss or involve, without limitation, any of the following:

• Nudity;
• Explicit, graphic or excessive sexual activity;
• Crude, vulgar or offensive language and/or symbols;
• Derogatory characterizations of any ethnic, racial, sexual or religious groups;
• Content that endorses, condones or discusses any illegal, inappropriate or risky activity, behaviour or conduct;
• Personal information of individuals, including without limitation, names and addresses (physical or e-mail);
• Conduct or other activities in violation of these Rules;
• Commercial messages, comparisons or solicitations for products or services;
• Any identifiable third party products and/or trade-marks, brands or logos. For example, any clothing worn by persons appearing in a Video must not contain any visible logos, trade-marks or other third party materials;
• URLs or links to any websites; and
• Any other content that is or could be considered inappropriate, unsuitable or offensive, all as determined by the Sponsor and/or the contest judges in their sole discretion.

By entering the Contest and submitting an Entry, each entrant: (i) grants to the Sponsor, in perpetuity, a non-exclusive license to publish, display, reproduce, modify, edit or otherwise use the Entry, in whole or in part, for advertising or promoting the Contest or for any other reason; (ii) waives his/her moral rights therein in favour of the Sponsor; and (iii) agrees to release and hold harmless the Contest Parties and each of their respective agents, employees, directors, successors, and assigns 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. For greater certainty, the Sponsor and/or the contest judges reserve the right, in their sole discretion, to modify, edit or remove any Entry, or to request an entrant to modify or edit his or her Entry, if a complaint is received with respect to the Entry, or for any other reason.

BY SUBMITTING AN ENTRY, THE ENTRANT AGREES THAT THE ENTRY COMPLIES WITH ALL CONDITIONS STATED IN THESE RULES. THE SPONSOR AND THOSE ASSOCIATED WITH THEM WILL BEAR NO LEGAL LIABILITY, EXPRESSED OR IMPLIED, REGARDING THE USE OF THE ENTRY BY THE SPONSOR AND THE SPONSOR SHALL BE HELD HARMLESS BY AN ENTRANT IN THE EVENT IT IS SUBSEQUENTLY DISCOVERED THAT THE ENTRANT HAS DEPARTED FROM OR NOT FULLY COMPLIED WITH ANY OF THE RULES. 

GRAND PRIZE:

There will be one (1) Grand Prize awarded consisting of a Gift Basket of PEI products. Approximate retail value is $200.00.

Without limiting the generality of the foregoing, the following general conditions apply to the Grand Prize: (i) Grand Prize must be accepted as awarded and is not transferable or convertible to cash (no substitutions except at Sponsor’s option); (ii) the costs of everything not stated above as included in the Grand Prize are the responsibility of the winner; (iii) Sponsor reserves the right at any time to substitute the Grand Prize for any reason with a prize or a prize component of equal or greater value, including without limitation, but solely at the Sponsor’s sole discretion, a cash award; (iv) by accepting the Grand Prize, the winner agrees to waive all recourse against the Sponsor, and those associated with the Sponsor, if the Grand Prize does not prove satisfactory, either in whole or in part.

SECONDARY PRIZES: 

There will be two (2) secondary prizes available to be won daily from April 14, 2011 and April 17, 2011, of a Confederation Bridge Pass. Approximate retail value is $44.75 each (the “Secondary Prize”). All prizes must be accepted as awarded. No substitutions except at Sponsor’s option. Sponsor reserves the right to substitute a prize or a prize component with one of equal or greater value, including without limitation, but solely at the Sponsor’s sole discretion, a cash award. Maximum of one (1) prize per person/email address permitted. Prizes will only be awarded to the person whose name and e-mail address was submitted at the time of entry. Without limitation, the Contest Parties are not responsible for the distribution of a prize between any persons who may have participated in making the Video.

WINNER SELECTION PROCESS: To determine the winners, the public will vote by clicking on “Like” from amongst all eligible Entries posted on the Website. Voting will commence on April 15, 2011 at 12:00 p.m. AST and end on April 19, 2011 at 12:00 p.m. AST (the “Voting Period”). There is no limit to the number of times you can vote during the Voting Period, but you can not vote on the same entry twice. Use of any automated, script, macro or robotic program to submit votes may result in the disqualification, in the sole discretion of the Sponsor, of the Entry to which such votes relate. On or about April 20, 2011, all votes will be tabulated and the entrant with the most votes will be eligible to win the Grand Prize (subject to compliance with these Rules). Entrants that were awarded the daily Secondary Prize are still eligible for the Grand Prize. In the event of a tie between two or more Entrants (based on the number of votes received), the Sponsor will judge all such entries that are tied on the basis of originality, creativity, uniqueness and appropriateness, and the entry with the highest total score as determined by the Sponsor, in its sole discretion, will be deemed to be the selected entrant for that prize. Odds of your Entry being selected depend on the number and calibre of Entries received and on the number of votes received.

 BEFORE BEING DECLARED A PRIZE WINNER, each selected entrant must sign and return within fourteen (14) days of notification a declaration and release prepared by the Sponsor, which, among other things: (i) assigns all intellectual property, including copyright, in and to his/her Video and waives his/her moral rights therein in favour of the Sponsor; (ii) agrees to indemnify the Contest Parties and each of their respective officers, directors, agents, representatives, successors and assigns against any and all claims, damages, liabilities, costs, and expenses incurred in connection with: (a) the Contest and the selected entrant’s participation therein; (b) the selected entrant’s acceptance, use or misuse of a prize or any portion thereof; and/or (c) use of the selected entrant’s Video, including without limitation, any claim that the Video infringes a proprietary interest of any third party; (iii) provides consent for the Sponsor to use the selected entrant’s name, address, voice, statements about the contest and/or photograph or other likeness without further notice or compensation, in any publicity or advertisement carried out by the Sponsor in any manner whatsoever, including print, broadcast or the Internet; and (iv) requires the selected entrant to correctly answer a time-limited mathematical skill-testing question. If there is a return of any notification as undeliverable or if a selected entrant: (a) cannot be contacted by phone or email by within ten (10) business days of selection; (b) fails to correctly answer the skill-testing question; or (c) fails to return the contest documents within the specified time, then he/she will forfeit the prize and their opportunity to be a winner and the next eligible entrant will be selected (based on the next highest number of votes received).

GENERAL CONDITIONS: Without limitation, the Sponsor, its advertising and promotion agencies and the contest judges will not be liable for any failure of the Website during the Contest; for any technical malfunction or other problems relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; for the failure of any entry to be received by the Sponsor, its advertising and promotion agencies or the contest judges for any reason including, but not limited to, technical problems or traffic congestion on the Internet or at any website; or any combination of the above. Further, the Sponsor, its advertising and promotion agencies and the contest judges will not be liable for any injury or damage to an entrant’s or any other person’s computer or data contained therein, related to or resulting from participating or downloading any material in the Contest. The Sponsor reserves the right to withdraw or amend this Contest 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 the Contest as contemplated by these Rules. Any attempt to deliberately damage any website 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 Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law. This Contest is subject to all applicable federal, provincial and municipal laws. The decisions of the contest judges with respect to all aspects of this Contest are final and binding on all entrants without right of appeal, including, without limitation, any decisions regarding the eligibility/disqualification of Entries.

In the event of a dispute, entries will be deemed to have been submitted by the authorized account holder of the email address submitted at the time of entry. “Authorized account holder” is defined as the person who is assigned an email address by an internet provider, online service provider, or other organization (e.g. business, educational institute, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. If the identity of an online entrant is disputed, the authorized account holder associated with the email account at the time of entry will be deemed to be the entrant. A selected entrant may be required to provide proof that he/she is the authorized account holder of the email address associated with the selected entry. The sole determinant of the time for the purposes of a valid online entry in this contest will be the contest server machine(s). The Sponsor reserves the right to cancel or suspend this Contest or to amend these Rules without prior notice or obligation, in the event of any accident, printing, administrative, or other error or any kind.

By entering this Contest, each entrant expressly consents to the Sponsor, its agents and/or representatives, storing, sharing and using the personal information submitted with his/her Entry only for the purpose of administering the contest and in accordance with Sponsor’s Privacy Policy (available at http://www.gov.pe.ca/copyright/index.php3), unless the entrant otherwise agrees. In accordance with its Privacy Policy, the Sponsor reserves the right to use your information in aggregated form (i.e., your personal information will not be identifiable) in order to create reports regarding entrant demographics, which reports may be disclosed to others. The Sponsor will not otherwise sell or disclose any entrant’s personal information.

CONSENT, WAIVER, INDEMNITY AND RELEASE

Photographs, Videos, Stories and Recordings

I hereby grant permission to Government of Prince Edward Island and its representatives, including Revolution Media, to film, produce and distribute a video, picture or story which features myself online for the purposes of the “Heart of the Island” Contest. I further grant to the producers and their representatives the right to reproduce, use, exhibit, display, broadcast and distribute and create derivative works of these images and videos in any media now known or later developed. I acknowledge that the Government of Prince Edward Island owns all rights to the images and recordings.

Waiver, Indemnity and Release

I hereby waive any right to inspect or approve the use of the images or recordings or of any written copy. I further waive all moral rights globally (to the extent permitted by law in each jurisdiction) in favour of Government of Prince Edward Island and all other persons associated with Government of Prince Edward Island and the making of this video. I also waive any rights to royalties or other compensation arising from or related to the use of the images, recordings, or materials. I hereby release, defend, indemnify and hold harmless the producers and Government of Prince Edward Island from and against any claims, damages or liability arising from or related to the use of the images, recordings, or materials, including but not limited to claims of defamation, invasion of privacy, or rights of publicity or copyright infringement, or any misuse, distortion, blurring, alteration, optical illusion or use incomposite form that may occur or be produced in taking, processing, reduction or production of the finished product, its publication or distribution. I am 18 years of age or older and I am competent to contract in my own name. I have read this document before signing below, and I fully understand the contents, meaning and impact of this consent, waiver, indemnity and release. By signing below, I acknowledge that (a) I have consulted with legal counsel or (b) I have had the opportunity to do so and have chosen not to seek such advice. I also acknowledge that I have read the attached Official Contest Rules for the “Heart of the Island” Contest. This consent, waiver, indemnity and release is binding on me, my heirs, executors, administrators and assigns.