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CANWEST MEDIAWORKS INC. SALES & MARKETING CLIENT “USABILITY QUESTIONNAIRE” CONTEST
THE CANWEST MEDIAWORKS INC. SALES & MARKETING CLIENT “USABILITY QUESTIONNAIRE” 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 ONLY (EXCLUDING THE PROVINCE OF QUEBEC). DO NOT ENTER THIS CONTEST IF YOU ARE NOT A LEGAL RESIDENT OF CANADA (EXCLUDING THE PROVINCE OF QUEBEC). NO PURCHASE IS NECESSARY. PARTICIPANTS MUST BE OF THE AGE OF MAJORITY IN THEIR PROVINCE OR TERRITORY OF RESIDENCE OR OLDER AT THE 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”)
1. ELIGIBILITY. To be eligible for this Contest, an individual must:
  a. be a legal resident of Canada (excluding the province of Quebec); and
  b. be of the age of majority in his/her province or territory of residence or older at the time of entry.
  Employees of CanWest Global Communications Corp., CanWest MediaWorks Inc., and CanWest MediaWorks Publications Inc. (collectively, the "Sponsors"), their respective affiliates, subsidiaries, related companies, advertising and promotional agencies, and the household members and/or the immediate family of any of the above, are not eligible to participate in the Contest. For the purpose of the 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.
  Sponsors 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 Sponsors for the purpose of this Contest must be truthful, complete, accurate and in no way misleading. Sponsors reserve the right to disqualify any entrant in its and their sole discretion, should any entrant at any stage supply untruthful, incomplete, inaccurate or misleading personal details and/or information.
2. CONTEST PERIOD. The Contest begins at 12:00 p.m. Eastern Daylight Time (“EDT”) on Thursday, May 31, 2007 and ends at 12:00 p.m. EDT on Friday, June 22, 2007 (the "Contest Period").
3. HOW TO ENTER. There is no purchase necessary to enter the Contest. To enter, complete and submit the online usability questionnaire (the “Questionnaire”) located at https://canwestmediaworks.com/surveys/usability2007/questionnaire.asp (the “Contest Website”). To enter without completing and submitting the Questionnaire, clearly print your name, complete mailing address and telephone number on a plain piece of paper and mail it to the attention of the CanWest MediaWorks Inc. Sales & Marketing Client “Usability Questionnaire” Contest c/o Anne Denomme, Directory of Consumer Communications at 250 Yonge Street 17th Floor, Toronto, Ontario, M5B 2L7. Submission of the Questionnaire or a mail-in entry constitutes an entry in the Contest. No entries will be accepted by any other means.
  a. Limit of one (1) entry per person with respect to entries submitted online. Multiple entries by the same person, using one or more e-mail accounts or otherwise, shall result in disqualification. 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.
  b. Limit of one (1) entry per person with respect to entries submitted by mail. Each mail-in entry must be in a separate outer envelope bearing sufficient postage.
  c. All entries become the sole property of the Sponsors and none will be returned for any reason. All Entries, including entries submitted by mail, must be received by the Sponsors no later than the end of the Contest Period. Entries will be declared invalid if they are late, illegible, incomplete, damaged, irregular, mutilated, forged, garbled or mechanically or electronically reproduced. No communication or correspondence will be exchanged with entrants except with those selected for a Prize.
4. PRIZES.
  a. Prizes. There are five (5) prizes (each, a “Prize” and collectively, the “Prizes”) available to be won by the Contest winners (each, a “Winner” and collectively, the “Winners”) consisting of one (1) gift card to be redeemed at any Cadillac Fairview Mall in Canada within one (1) year of the date of issue. Each Prize has a retail value of Fifty dollars (CDN $50.00).
  b. Prizes will be distributed no later than ten (10) business days after the Winner has been successfully contacted and notified of his/her Prize and has acknowledged compliance with the Contest Rules.
  c. Prizes must be accepted as awarded and cannot be transferred, assigned, substituted or redeemed for cash, except at the sole discretion of the Sponsors. Sponsors reserve the right, in its and their sole discretion, to substitute a prize of equal or greater value if the Prize cannot be awarded for any reason.
5. WINNER SELECTION.
  Five (5) Winners shall be selected as follows:
  a. On Friday, June 29, 2007, in Toronto, Ontario at 10 a.m. EDT, five (5) potential winners will be selected by a random draw from all eligible entries received. Each entrant shall be eligible to win only one (1) Prize. The odds of being selected as a potential winner are dependent upon the number of eligible entries received. Before being declared a Winner, the selected 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, to comply with these Contest Rules and sign and return the Release (described below).
  b. EACH SELECTED POTENTIAL WINNER WILL BE NOTIFIED BY TELEPHONE OR E-MAIL NO LATER THAN FRIDAY, MAY 4, 2007 AT 1:00 P.M. EDT AND MUST RESPOND WITHIN TWO (2) BUSINESS DAYS OF NOTIFICATION. Upon notification, the selected potential winner 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 winner does not respond in accordance with the Contest Rules, he/she will be disqualified and will not receive a prize and another potential winner may be selected in the Sponsors’ sole discretion. 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.
6. RELEASE. Each Winner will be required to execute a legal agreement and release (“Release”) that confirms Winner’s: (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 but not limited to 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 produce, reproduce, publish, broadcast, communicate by telecommunication, exhibit, distribute, adapt and otherwise use or re-use the Winner’s name, photograph, likeness, voice and biography, in any and all media now known or hereafter devised, in connection with the Contest and the promotion and exploitation thereof. The executed Release must be returned within two (2) business days of the verification as a Winner or the selected potential winner will be disqualified and the Prize forfeited.
7. INDEMNIFICATION BY ENTRANTS. 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.
8. 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, software, telephone, hardware 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 any related website.
9. 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 related 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.
10. PRIVACY / USE OF PERSONAL INFORMATION. By participating in the Contest, entrant: (a) grants to the Sponsors the right to use his/her name, mailing address, telephone number and e-mail address (“Personal Information”) for the purpose of administering the Contest, including but not limited to contacting and announcing the Winners; (b) grants to the Sponsors the right to use his/her Personal Information, photograph, likeness, voice, and/or Prize information for publicity and promotional purposes relating to the Contest, in any media now known or hereafter devised, without further compensation unless prohibited by law; (c) acknowledges that the Sponsors may disclose his/her Personal Information to third-party agents and service providers of any of the Sponsors in connection with any of the activities listed in 10(a) or 10(b). The Sponsors will use the entrant’s Personal Information only for identified purposes, and protect the entrant’s Personal Information in a manner that is consistent with the CanWest Global Communications Corp. Customer Privacy Statement available at http://www.canwestglobal.com/privacy.html.
11. INTELLECTUAL PROPERTY. All intellectual property, including but not limited to trade-marks, trade names, logos, designs, promotional materials, web pages, source code, drawings, illustrations, slogans and representations are owned by the Sponsors and/or their affiliates. 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. CANWEST MEDIAWORKS is a trade-mark of CanWest Global Communications Corp., used under licence.
12. TERMINATION. Sponsors reserve the right, in its and their sole discretion, to terminate the Contest, in whole or in part, and/or modify, amend or suspend the Contest, and/or the Contest Rules in any way, at any time, for any reason without prior notice.
13. 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 and municipal laws or the policy of any other entity having jurisdiction over the Sponsors. All issues and questions concerning the construction, validity, interpretation and enforceability of the Contest Rules or the rights and obligations as between the entrant and the Sponsors in connection with the Contest shall be governed by and construed in accordance with the laws of the province of Ontario 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.
14. LANGUAGE DISCREPANCY. In the event of any discrepancy or inconsistency between the terms and conditions of the Contest Rules and disclosures or other statements contained in any Contest-related materials, including but not limited to the Contest entry form, or point of sale, television, print or online advertising, the terms and conditions of the Contest Rules shall prevail, govern and control.
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