texi Contest (the “Contest”) OFFICIAL RULES

 

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN.

 

this contest is GOVERNED by Canadian law.

 

  1. DEFINITIONS

 (i) Entrant” means an individual who is eligible for the Contest, meeting all requirements set forth below under the heading “Eligibility”.

 (ii) Sponsor” means the The Dilawri Foundation.

 (iii) App” means the texi application.

 

  1. CONTEST PERIOD:

 

The Contest begins on May 1, 2017 at 12:00:01 am (Eastern Standard Time) and ends on December 31, 2017 at 11:58:59 pm (Eastern Standard Time) (the “Contest Period”).  The Contest Period consists of nine (9) consecutive and contiguous periods (each, a “Monthly Period”), as listed in the following table:

Monthly Period 1
Start Date (12:00:01 AM ET) – May 1, 2017
End Date (11:58:59 PM ET) – May 31, 2017

Monthly Period 2
Start Date (12:00:01 AM ET) – June 1, 2017
End Date (11:58:59 PM ET) – June 30, 2017

Monthly Period 3
Start Date (12:00:01 AM ET) – July 1, 2017
End Date (11:58:59 PM ET) – July 31, 2017

Monthly Period 4
Start Date (12:00:01 AM ET) – August 1, 2017
End Date (11:58:59 PM ET) – August 31, 2017

Monthly Period 5
Start Date (12:00:01 AM ET) – September 1, 2017
End Date (11:58:59 PM ET) – September 30, 2017

Monthly Period 6
Start Date (12:00:01 AM ET) – October 1, 2017
End Date (11:58:59 PM ET) – October 31, 2017

Monthly Period 7
Start Date (12:00:01 AM ET) – November 1, 2017
End Date (11:58:59 PM ET) – November 30, 2017

Monthly Period 8
Start Date (12:00:01 AM ET) – December 1, 2017
End Date (11:58:59 PM ET) – December 31, 2017
 

  1. ELIGIBILITY:

 

The Contest is open to all residents of Canada who have reached the legal age of majority in their province/territory of residence at the time of registration, except employees, representatives or agents (and those with whom such persons are living, whether related or not) of The Dilawri Foundation, its parent companies, subsidiaries, affiliates, prize suppliers, advertising/promotion agencies and any other entity involved in the development, production, administration, or fulfillment of the Contest (collectively, the “Contest Parties”).

 

 

  1. HOW TO OBATAIN THE APP:

 

No purchase necessary.  To obtain the App, go to [https://itunes.apple.com/us/app/texi/id1066960872?ls=1&mt=8] or [https://play.google.com/store/apps/details?id=ca.dilawrifoundation.texi]) and follow the on-screen instructions to download and register for the App for free using a compatible mobile device (a “Compatible Device”) during the Contest Period (collectively, a “Registration”).

 

IMPORTANT NOTE: Standard data use and service rates apply while an Entrant uses the App (including, without limitation, standard data use and services rates that apply when the App sends a text message on an Entrant’s behalf in response to a text message that is sent to the Entrant while the Entrant is driving) and may vary according to the Entrant’s Compatible Device package and service provider.  Entrants should contact their service provider for details before using the App and participating in this Contest using a Compatible Device.

 

  1. HOW TO OBTAIN POINTS:

 

No purchase necessary.  There are a total of four (4) ways to earn Contest points (each, a “Point”, collectively, “Points”).

 

Once an Entrant has submitted their Registration, they will be eligible to earn Points. To earn Points, the Entrant must open the App before they begin driving a motor vehicle and select “on” to begin a driving session (each, a “Driving Session”). Once the Entrant has completed a Driving Session, they must select “off” to end the Driving Session.  For each minute (which does not have to be a continuous minute) during a Driving Session that an Entrant drives over 7.5 km/hour without sending a text message via their Compatible Device (as determined by the Sponsor in its sole and absolute discretion on the basis of its official App records), the Entrant will earn one (1) Point. However, if the Entrant exits the app and interacts with their Compatible Device at any time during a Driving Session, such Driving Session will automatically end and the Entrant will forfeit any Points they may have otherwise earned during such Driving Session (regardless of who sends the text message; for example, a passenger in the Entrant’s vehicle).

 

After the Entrant submits their Registration, they can also earn Points by following the on-screen instructions provided within the App to “share” the App with friends during the Contest Period by the various methods set forth below:

 

  1. Email: To invite friends via e-mail, the Entrant must click on the “share on email” button and enter the unique e-mail address(es). Each friend will be sent an e-mail (an “Invitation E-mail”) from the Sponsor containing a link to download the App and the Invitation E-mail will identify the Entrant as having recommended that the Invitation E-mail be sent.  The Entrant may only refer friends or family members from whom they have received permission to provide their email address to the Sponsor and by whom an Invitation E-mail from the Entrant or the Sponsor would not be considered spam. The Entrant may only refer friends with whom they have had direct and voluntary two-way communications, and with whom it is reasonable to conclude they have a personal relationship considering shared interests, experiences, opinions and other relevant factors. The Entrant may only refer family members to whom they are related, whether it be by marriage, a common-law partnership, or parent-child relationship, and with whom they have had direct and voluntary two-way communications. The Entrant cannot invite the same friend or family member more than once. The referred email addresses will only be used by the Sponsor for the purpose of contacting the Entrant’s friend(s) or family member(s), on their behalf, to provide information about the App so they can register if they choose to do so.  They will not be added to any direct marketing list or used in any direct marketing programs without their consent. The Entrant, their friends or family members may withdraw consent for the Sponsor to use their personal information (see the Sponsor’s privacy policy below for details). For each Invitation E-mail that is sent on behalf of the Entrant to a unique friend in accordance with these Official Contest Rules (the “Rules”) (as determined by the Sponsor in its sole and absolute discretion), the Entrant will earn twenty-five (25) Points, subject to a maximum limit of twenty five (25) Points per day (where a “Day” begins at 12:00:01 AM ET and ends at 11:59:59 PM ET).
  2. Twitter: To invite friends via Twitter, the Entrant must click on the “share with Twitter” button and perform the following required steps: (i) click to tweet the predefined message that is provided by the Sponsor to the Entrant’s Twitter home page; (ii) enter their Twitter username; and (iii) press the “Tweet” button (collectively, a “Invitation Tweet”). For each Invitation Tweet that the Entrant sends in accordance with these Rules (as determined by the Sponsor in its sole and absolute discretion), they will earn twenty-five (25) Points, subject to a limit of one (1) Invitation Tweet per Day and a maximum limit of twenty-five (25) points per Day.
  3. Rating: To rate the app, the Entrant must click on the rate button and perform the required steps. The Entrant may rate the app once per version for a maximum limit of twenty-five (25) points per Day.

 

This Contest is in no way sponsored, endorsed, administered by, or associated with Facebook or Twitter. The Entrant is providing their information to the Sponsor and not to Facebook or Twitter. Facebook and Twitter are completely released of all liability from each Entrant in this Contest. Any questions, comments or complaints regarding the Contest must be directed to the Sponsor and not Facebook or Twitter.

 

  1. POINTS CATEGORIES:

 

The Points the Entrant has earned in accordance with these Rules across all of their Driving Sessions during any particular Monthly Period are cumulative during such Monthly Period (each, a “Cumulative Monthly Points Score”).  However, at the beginning of each Monthly Period, the Entrant’s Points will reset to zero.  What follows are the threshold Cumulative Monthly Points Score requirements for each Monthly Prize Category (defined below):

Monthly Prize Category – Participation
Minimum Cumulative Monthly Points Score – 15
Maximum Cumulative Monthly Points Score – 299

Monthly Prize Category – Bronze
Minimum Cumulative Monthly Points Score – 300
Maximum Cumulative Monthly Points Score – 599

Monthly Prize Category – Silver
Minimum Cumulative Monthly Points Score – 600
Maximum Cumulative Monthly Points Score – 999

Monthly Prize Category – Gold
Minimum Cumulative Monthly Points Score – 1000
Maximum Cumulative Monthly Points Score – 1,000 + (i.e. no maximum Cumulative Monthly Points Score)

 

  1. LIMITS AND VERIFICATION:

 

Limit of one (1) Registration per person/email address.  Limit of one (1) Monthly Entry per person/email address per Monthly Period. For greater certainty and the avoidance of any doubt, the Entrant can only use one (1) email address to enter and participate in the Contest.  If it is discovered by the Sponsor (using any evidence or information made available to or otherwise discovered by the Sponsor) that any person has attempted to: (i) exceed any of the limits stated in these Rules; and/or (ii) use multiple names, identities, email addresses and/or any automated, macro, script, robotic or other system(s) or program(s) to enter or otherwise participate in or to disrupt this Contest; then he/she may be disqualified from the Contest in the sole and absolute discretion of the Sponsor.  The Releasees (defined below) are not responsible for late, lost, misdirected, delayed, incomplete or incompatible Contest-related information (all of which are void).

 

All Registrations, Points and Entrants are subject to verification at any time and for any reason.  The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity, eligibility and/or of compliance with these Rules (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification): (i) for the purposes of verifying an individual’s eligibility to participate in this Contest; (ii) for the purposes of verifying the eligibility and/or legitimacy of any Registration, Points or other information entered (or purportedly entered) for the purposes of this Contest; and/or (iii) for any other reason the Sponsor deems necessary, in its sole and absolute discretion, for the purposes of administering this Contest in accordance with these Rules.  Failure to provide such proof to the complete satisfaction of the Sponsor within the timeline specified by the Sponsor may result in disqualification in the sole and absolute discretion of the Sponsor.  The sole determinant of the time for the purposes of this Contest will be the Contest server machine(s).

  1. THE PRIZES AND THEIR VALUE:

 

MONTHLY PRIZES: The following table outlines the prizes (each, a “Monthly Prize”) that have been allocated to each Monthly Period and their corresponding Monthly Prize Category (each, a “Monthly Prize Category”):

Monthly Prize Category – Participation
Number of Monthly Prizes per Monthly Period – 4
Monthly Prize Description – $25 CAD gift cards, phones, tablets, or electronic devices (applicable redemption option(s) to be selected by the Sponsor in its sole and absolute discretion). For example, the Participation Prize for the first Monthly Period could be a gift card valued at $25 CAD.

Monthly Prize Category – Bronze
Number of Monthly Prizes per Monthly Period – 3
Monthly Prize Description – $100 CAD gift card, phones, tablets, or electronic devices (applicable redemption option(s) to be selected by the Sponsor in its sole and absolute discretion). For example, the Bronze Prize for the first Monthly Period could be a $100 CAD gift card that can be redeemed at an electronics retailer or electronic devices valued at $100.

Monthly Prize Category – Silver
Number of Monthly Prizes per Monthly Period – 2
Monthly Prize Description – $250 CAD gift card and/or themed package and/or electronic devices (applicable redemption option(s) and/or package theme/elements to be selected by the Sponsor in its sole and absolute discretion). For example, the Silver Prize for the first Monthly Period could be a package on the theme of a weekend getaway that includes two (2) nights hotel accommodation and dinner at a restaurant (accommodation and restaurant to be selected by the Sponsor in its sole and absolute discretion) with a total approximate retail value of $250 CAD.

Monthly Prize Category – Gold
Number of Monthly Prizes per Monthly Period – 1
Monthly Prize Description – $500 – $900 CAD gift card and/or themed package and/or electronic devices (applicable redemption option(s) and/or package theme/elements to be selected by the Sponsor in its sole and absolute discretion). For example, the Gold Prize for the first Monthly Period could be a package on the theme of travel that includes a $500 CAD gift card that can be redeemed with an airline carrier and/or a luggage set with an approximate retail value from $500 CAD (airline carrier and luggage set to be selected by the Sponsor in its sole and absolute discretion) with a total approximate retail value from $500 CAD.

texi is wholly owned and sponsored by The Dilawri Foundation and is in no way sponsored by Apple. All prizes related to the monthly prize draws are furnished by independent partners of The Dilawri Foundation and in no way related to the operations and/or products of Apple Inc. 

 

The number of Monthly Prizes available to be won will decrease as they are claimed in accordance with these Rules. Each gift card, prize, electronic device and package is subject to the terms and conditions of the issuer. The Monthly Prizes must be accepted as awarded and are not transferable, assignable or convertible to cash (except as may be specifically permitted by the Sponsor in its sole and absolute discretion).  No substitutions except at Sponsor’s option.  Sponsor reserves the right, in its sole and absolute discretion, to substitute any Monthly Prize or a component thereof with a prize of equal or greater retail value, including, without limitation, and at the Sponsor’s sole and absolute discretion, a cash award.

 

Collectively, the Monthly Prizes will be referred to as the “Prizes”.

 

  1. MONTHLY WINNER SELECTION PROCESS:

 

At the end of each Monthly Period, if the Entrant obtains a Cumulative Monthly Points Score that corresponds to:

 

  1. the Participation Monthly Prize Category, the Entrant will receive one (1) entry (a “Participation Entry”) into the Participation Prize Draw (defined below) that corresponds to such Monthly Period (see below for details);
  2. the Bronze Monthly Prize Category, the Entrant will receive one (1) entry (a “Bronze Entry”) into the Bronze Prize Draw (defined below) that corresponds to such Monthly Period (see below for details);
  3. the Silver Monthly Prize Category, the Entrant will receive one (1) entry (a “Silver Entry”) into the Silver Prize Draw (defined below) that corresponds to such Monthly Period (see below for details); or
  4. the Gold Monthly Prize Category, the Entrant will receive one (1) entry (a “Gold Entry”) into the Gold Prize Draw (defined below) that corresponds to such Monthly Period (see below for details).

 

Collectively, Participation Entries, Bronze Entries, Silver Entries and Gold Entries will be referred to as “Monthly Entries”.

 

On each of the dates listed in the table below (each, a “Monthly Draw Date”), in Toronto, Ontario at 11:59:00 PM ET, the Sponsor will perform the following random draws (each, a “Monthly Draw”):

 

  1. four (4) random draws (the “Participation Prize Draw”) from among all Participation Entries received during the applicable Monthly Period to select four (4) potential Participation Prize winners. The odds of being selected as a Participation Prize winner depend on the number of Participation Entries received during the applicable Monthly Period;
  2. three (3) random draws (the “Bronze Prize Draw”) from among all Bronze Entries received during the applicable Monthly Period to select three (3) potential Bronze Prize winners. The odds of being selected as a Bronze Prize winner depend on the number of Bronze Entries received during the applicable Monthly Period;
  3. two (2) random draws (the “Silver Prize Draw”) from among all Silver Entries received during the applicable Monthly Period to select two (2) potential Silver Prize winners. The odds of being selected as a Silver Prize winner depend on the number of Silver Entries received during the applicable Monthly Period; and
  4. one (1) random draw (the “Gold Prize Draw”) from among all Gold Entries received during the applicable Monthly Period to select one (1) potential Gold Prize winner. The odds of being selected as a Gold Prize winner depend on the number of Gold Entries received during the applicable Monthly Period.

Monthly Period – 1
Draw Date – May 31, 2017

Monthly Period – 2
Draw Date – June 30, 2017

Monthly Period – 3
Draw Date – July 31, 2017

Monthly Period – 4
Draw Date – August 31, 2017

Monthly Period – 5
Draw Date – September 30, 2017

Monthly Period – 6
Draw Date – October 31, 2017

Monthly Period – 7
Draw Date – November 30, 2017

Monthly Period – 8
Draw Date – December 31, 2017

For greater certainty, any unselected Monthly Entries in a Monthly Draw will not carry over into any subsequent Monthly Draw(s).

 

  1. WINNER NOTIFICATION AND CONFIRMATION PROCESS:

 

Before being declared a confirmed Prize winner, the potential Prize winner must:

a) be reached by e-mail, telephone, or by the manner in which the potential Prize winner entered the Contest, by the Sponsor within ten (10) calendar days of the Draw Date as per section 9;

b) correctly answer without assistance of any kind, whether mechanical or otherwise, a time-limited mathematical skill-testing question to be administered by telephone, online through email or by any other means at the discretion of the Sponsor; and

c) sign and return, within twenty (20) calendar days of the Sponsor sending it, a Declaration and Release of Liability (the “Release”) to the potential Prize winner releasing the Sponsor, its affiliated and related companies, advertising and promotional agencies, and their respective shareholders, directors, officers, employees, agents, dealers, representatives, successors and assigns (the “Releasees”) from any liability in connection with the Prizes and the Contest. All personal and other information requested by and supplied to the Sponsor for the purpose of the 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 such an Entrant at any stage supply untruthful, incomplete, inaccurate or misleading personal details and/or information.

 

In the event that a potential Prize winner (a) cannot be contacted by the Sponsor within ten (10) calendar days of the Draw Date; (b) fails to correctly answer the skill-testing question; or (c) fails to return the properly executed Declaration and Release of Liability within twenty (20) calendar days of the Sponsor sending the Release to the potential Prize winner, (d) cannot accept (or is unwilling to accept) the applicable Prize (as awarded) for any reason; and/or (e) is determined to be in violation of these Rules (all as determined by the Sponsor in its sole and absolute discretion), then he or she will be disqualified and the Sponsor reserves the right at its sole and absolute discretion, but is in no way obligated, to randomly select an alternative potential Prize winner from among the remaining eligible Entrants.  The Sponsor shall not be responsible for failed attempts to contact a selected Entrant. The Prize may only be awarded to the Entrant who has provided the Sponsor with all contact information requested at the time of Contest Registration or at the time of completion of the Release.

 

  1. GENERAL CONDITIONS:

 

All Entries become the property of the Sponsor. This Contest is subject to all applicable federal, provincial and municipal laws.  The decisions of the Sponsor 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 Registrations, Points, Entries and/or Entrants.  By participating in this Contest, the Entrant is agreeing to be legally bound by the terms and conditions of these Rules. ANYONE DEEMED BY THE SPONSOR TO BE IN VIOLATION OF THESE RULES FOR ANY REASON IS SUBJECT TO DISQUALIFICATION IN THE SOLE AND ABSOLUTE DISCRETION OF THE SPONSOR AT ANY TIME.

 

By registering for the Contest, each Entrant agrees to: (a) release the Releasees from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to an Entrant’s Registration or participation in the Contest, acceptance or use or misuse of a Prize  (if applicable); and (b) indemnify, defend and hold harmless the Releasees from and against any and all claims, expenses, and liabilities (including reasonable attorneys fees) arising out of or relating to an Entrant’s participation in the Contest and/or Entrant’s acceptance, use or misuse of a Prize (if applicable).

 

The Releasees will not be liable for: (i) any failure of any website, social media platform or the App during the Contest; (ii) any technical malfunction or other problems of any nature whatsoever, including, without limitation, those relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; (iii) the failure of any Registration, Point, Entry or other information to be received, captured or recorded for any reason whatsoever, including, but not limited to, technical problems or traffic congestion on the internet, App, social media platform or at any website; (iv) any injury or damage to an Entrant’s or any other person’s computer or other device related to or resulting from participating in the Contest; and/or (v) any combination of the above.

 

In the event of a dispute regarding who is eligible to receive an Entry, the Sponsor reserves the right, in its sole and absolute discretion, to allocate the Entry to the authorized account holder of the email address submitted at the time of Registration.  “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. An Entrant may be required to provide proof (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification) that he/she is the authorized account holder of the email address associated with the Registration in question.

 

The Sponsor reserves the right, subject only to the approval of the Régie des alcools, des courses et des jeux (the “Régie”) in Quebec, to withdraw, amend or suspend this Contest (or to amend these Rules) in any way, in the event of any cause beyond the reasonable control of the Sponsor that interferes with the proper conduct of this Contest as contemplated by these Rules, including, without limitation, any error, technical problem, computer virus, bugs, tampering, unauthorized intervention, fraud or technical failure.  Any attempt to deliberately damage any website, the App or to undermine the legitimate operation of this Contest in any way (as determined by Sponsor in its sole and absolute discretion) 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.  The Sponsor, subject only to the approval of the Régie, reserves the right to cancel, amend or suspend this Contest, or to amend these Rules, in any way without prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind, or for any other reason whatsoever.  Without limiting the generality of the forgoing, the Sponsor reserves the right, in its sole and absolute discretion, to administer an alternate test of skill as it deems appropriate based on the circumstances and/or to comply with applicable law.

 

Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of a prize may be submitted to the board only for the purpose of helping the parties reach a settlement.

 

By using the App, the Entrant agrees to the collection, use, and disclosure of their personal information in accordance with the App Privacy Policy. Without limiting the effect of the privacy policy, the Entrant understands and agrees that their personal information, including instances where their Compatible Device was used to send a text message during a driving session, may be disclosed if required by law, or if required to cooperate with the authorities in the context of an investigation of a possible breach of the law. By entering this Contest, each Entrant expressly consents to the Sponsor, its agents and/or representatives, storing, sharing and using the personal information submitted at the time of Registration, or collected through the App, in connection with the use of the App for the purpose of operating the App, and administering the Contest and in accordance with Sponsor’s Privacy Policy. By accepting the Prize, a winner consents to the collection, use and disclosure to the public of his or her name, address (city, province/territory), voice, statements and photographs or other likenesses for publicity purposes in connection with the Contest in any media or formats including, but not limited to, the Internet, without further notice, permission or compensation. Personal information will not otherwise be used or disclosed without the consent of the Entrant.  This section does not limit any other consent(s) that an individual may provide the Sponsor or others in relation to the collection, use and/or disclosure of his/her personal information.

 

The Sponsor reserves the right, subject only to the approval of the Régie, to adjust any of the dates, timeframes and/or other Contest mechanics stipulated in these Rules, to the extent necessary, for purposes of verifying compliance by any Entrant, Registration, Point or Entry with these Rules, or as a result of any technical or other problems, or in light of any other circumstances which, in the opinion of the Sponsor, in its sole and absolute discretion, affect the proper administration of the Contest as contemplated in these Rules, or for any other reason.

 

In the event of any discrepancy or inconsistency between the terms and conditions of these English Rules and disclosures or other statements contained in any Contest-related materials, including, but not limited to: the French version of these Rules, the App, website, and/or point of sale, television, print or online advertising; the terms and conditions of these English Rules shall prevail, govern and control to the fullest extent permitted by law.