THESE RULES GOVERN THE STOKED™ ENERGY GAMER CHALLENGE™ (THE “CHALLENGE”). YOUR PARTICIPATION IN THE CHALLENGE CONSTITUTES ACCEPTANCE OF AND AGREEMENT TO ALL OF THESE RULES. IF YOU DO NOT AGREE WITH EACH AND EVERY PROVISION OF THESE RULES, YOU MAY NOT PARTICIPATE IN THE CHALLENGE.
The Challenge
1. The Challenge is offered by Leading Brands, Inc. (“LBI”) of 1800-1500 West Georgia Street, Vancouver, British Columbia, Canada, V6G 2Z6, and commences on March 15, 2008 at 12:01 a.m. (Pacific Time) and ends on June 15, 2008 (the “Challenge Closing Date”) at 11:59 p.m. (Pacific Time) (the “Challenge Period”).
How To Participate
2. No purchase or payment is necessary in order to participate in the Challenge.
3. To participate in the Challenge, you must complete and submit the online registration form found at www.stokedenergy.com/challenge. Each registration form must include all mandatory information fields. Registration forms that are fraudulent are not permitted and will be declared invalid. Registrations are deemed to be submitted by the individual whose name appears on the registration form, regardless of the name of the person to which the e-mail address provided in the entry form is registered. Multiple registrations are not permitted. For purposes of these rules, the registration form will be considered to have been submitted by you only when you click the “submit” (or similar) button and LBI’s computer system receives all of the data required by the registration form.
4. Once you have registered for the Challenge, you can accumulate points in the Challenge in the following ways: (a) you will receive one (1) point when you register to participate in the Challenge; (b) you will receive one (1) point for each trivia question that you correctly answer at www.stokedenergy.com/challenge; (c) you will receive two (2) points for each bonus trivia question that you correctly answer at www.stokedenergy.com/challenge; and (d) you will receive five (5) points for each eligible individual who successfully registers to participate in the Challenge (multiple registrations are not permitted) by clicking on the link included with an email invitation that you send to them using the Challenge-a-Friend system accessible through the Challenge website at www.stokedenergy.com/challenge.
5. Each point you accumulate will constitute one (1) entry into each of the two prize draws – one draw for the Cash Prize and one draw for the Prize Package (see section 15), provided that if you are not eligible to participate in the Prize Package draw (see section 11) each point will constitute one (1) entry into the Cash Prize draw only. Multiple entries are permitted.
6. Registration forms must be submitted online by no later than 11:59 pm (Pacific Time) on the Challenge Closing Date. To result in eligible entries, points must be earned by no later than 11:59 pm (Pacific Time) on the Challenge Closing Date.
7. All registration forms become the property of LBI, and will not be acknowledged or returned.
8. If you do not have Internet access or an e-mail account, your local library may be able to provide access to the Internet and a number of companies offer free e-mail accounts.
9. The Challenge is not open to directors, officers, or employees of LBI or its affiliates, members of those individuals’ respective immediate families, or persons living in the same household as any of those individuals.
The Prizes
10. There are two (2) prizes available to be won (collectively the “Prizes”): (a) a cash prize of US$10,000 (the “Cash Prize”); and (b) a collection of prizes (the “Prize Package”) that will accumulate and be announced during the course of the Challenge. Details regarding the Prize Package (including information regarding items added to the Prize Package and their approximate value) will be available at www.stokedenergy.com/challenge/prizes.asp during the Challenge Period.
11. The Cash Prize is available only to eligible individuals who are legal residents of the United States of America or Canada. The Prize Package is available only to eligible individuals who are legal residents of the United States of America (excluding Florida, Rhode Island and New York) or Canada (excluding Quebec).
12. The Prizes are subject to all standard conditions, restrictions, requirements and regulations of the Prize suppliers. The Prizes do not include any other fees, charges or benefits (such as taxes, duties or insurance), all of which are the winners’ sole responsibility.
13. The Prizes are not transferable and will be awarded to the confirmed winners only. The Prize Package is not convertible to cash and must be accepted as awarded. If the Prize Package or a portion of it is not available at the time of the award, LBI may in its discretion make substitutions of equivalent kind or approximate value within thirty (30) days of the date on which the winner is selected.
14. The Prizes will be delivered to the winners at the residential address specified in their registration form within fifteen (15) business days after the selected entrant fully complies with the requirements of section 20. Risk of loss and damage to the Prizes will pass to the winners at the time of delivery.
The Challenge Draws
15. There will be one random draw for the Cash Prize and another random draw for the Prize Package. The draws will be made at the offices of LBI in Vancouver, British Columbia, Canada on or about June 17, 2008 at 12: p.m. (Pacific Time) from all eligible entries received.
16. Following the draws, the selected entrants for the Prizes will be contacted by email only at the email address provided in their registration forms.
17. LBI may in its discretion disqualify a selected entrant, and select a substitute entrant by random draw, if any of the following occur: (a) a prize notification email to the selected entrant is returned as undeliverable; (b) the selected entrant fails to respond to the prize notification email within five (5) business days; (c) the selected entrant fails to correctly answer the skill-testing question; or (d) the selected entrant fails to fully comply with these rules.
18. The odds of winning each Prize will depend upon the total number of eligible entries received for the applicable Prize draw.
How To Win
19. For each Prize, the winner will be the first entrant whose name is selected at random from eligible entries in the applicable draw and who: (a) within five (5) business days after the transmission of the prize notification email submits to LBI valid proof of identity, age and residence; (b) correctly answers, unaided by any other person, a time-limited, mathematical, skill-testing question administered by LBI during a pre-arranged, mutually convenient telephone call; and (c) fully complies with these rules.
20. Except where prohibited by a selected entrant’s local law, and subject to section 21, a selected entrant must comply with the following requirements within five (5) business days upon receipt of the applicable documents from LBI: (a) the selected entrant must sign a declaration of compliance with these rules and accepting the Prize as awarded, and an irrevocable release of LBI and its affiliates and all Prize suppliers and their respective directors, officers, employees, agents, representatives and each of them from and against any and all losses, damages, claims, demands, actions, proceedings, liabilities, expenses and costs (including without limitation, reasonable legal fees and expenses), and obligations of any nature and kind whatsoever and howsoever arising, whether known or unknown, which now or hereafter exists, which the selected entrant or any other person may suffer or incur arising out of, related to, or connected with the Challenge and the Prize; and (b) the selected entrant must sign a consent to the public announcement of the selected entrant’s name as a Prize winner and the use of the selected entrant’s name, address (city, and province, state or territory), photographs, biographical information, voice or statements by LBI for advertising and promotional purposes worldwide, using any and all media and technology now known or later developed whatsoever, without any further compensation to the selected entrant or any other person.
21. Except where prohibited by a selected entrant’s local law, if a selected entrant is under the age of majority in the selected entrant’s province, state or territory of residence, the Prize will be awarded to the selected entrant’s parent or legal guardian, provided that the parent or legal guardian fully complies with the requirements of section 20 as if they were the referenced “selected entrant”.
Personal Information Privacy
22. By entering the Challenge, you consent to LBI’s collection, use and disclosure of the personal information provided in Challenge registration forms for the administration of the Challenge and in aggregated form in order to create reports regarding Challenge entrant demographics, which LBI may in its discretion use and disclose the reports to others.
23. If you indicate on your registration form that you wish to receive information on upcoming specials and promotions from LBI and its affiliates, you consent to their use of your personal information (including email address) for that purpose.
24. You may invite your friends to participate in the Challenge by sending them an email using the Challenge-a-Friend system accessible through the Challenge website at www.stokedenergy.com/challenge, but you must first ensure that you have your friends’ consent to your use and disclosure of their email addresses for that purpose. Use of the Challenge-a-Friend system to send email to a recipient without his or her consent is strictly prohibited.
General
25. LBI reserves the right to withdraw, cancel, terminate, modify or suspend all or any part of the Challenge by publishing a notice on LBI’s website at www.stokedenergy.com/challenge if LBI in its discretion, and subject to the approval of the Régie des alcools, des courses et des jeux (if applicable), determines that for any reason the Challenge is not capable of being conducted as planned, including due to computer viruses, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other cause that corrupts or interferes with the administration, security, fairness, integrity or proper conduct of the Challenge.
WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE LBI’S WEBSITE OR INTERFERE WITH THE LEGITIMATE OPERATION OF THE CHALLENGE MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND LBI RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER RELIEF FROM ALL RESPONSIBLE PERSONS TO THE FULLEST EXTENT PERMITTED BY LAW.
26. To the extent permitted by law, LBI is not responsible or liable, jointly or severally, for any of the following:
(a) erroneous, damaged, destroyed, lost, late, incomplete, illegible, incorrectly addressed or misdirected registration forms or entries, regardless of the cause;
(b) failure for any reason whatsoever of a selected entrant to receive a prize notification email;
(c) changes in entrants’ email addresses after registration forms are submitted;
(d) computer, online, telephone, communication, or technical malfunctions or errors that may occur, regardless of the cause; or
(e) damage or loss, including any loss of use, loss of production, loss of profits (anticipated or otherwise), loss of markets, economic loss, special, indirect or consequential loss or damage or punitive damages, whether in contract, tort or under any other theory of law or equity, arising from, connected with, or relating to the Challenge, or the submission of registration forms or entries to the Challenge, or participation in the Challenge, or the Prizes, or the use of LBI’s website (including the submission of registration forms and entries), or the use or misuse of entrants’ personal information, and regardless of the cause or any negligence by LBI or any person or entity for whom any of them are responsible, and notwithstanding that any of those entities or persons may have been advised of the possibility of such loss or damage being incurred.
27. Decisions of LBI regarding any and all aspects of the Challenge (including the correct answers to all trivia questions) are final and binding on all entrants.
28. The name of the Challenge winners may be obtained by sending a self-addressed stamped envelope to Leading Brands, Inc., c/o Director of Marketing, of 1800-1500 West Georgia Street, Vancouver, British Columbia, V6G 2Z6 within thirty (30) days after the Challenge Closing Date.
29. LBI is not required to engage in correspondence regarding the Challenge with any person at any time other than the selected entrants or as provided in section 28.
30. The Challenge is subject to all applicable laws and regulations, and is void where prohibited by law. If any provision of these rules is found by any court of competent jurisdiction to be unenforceable, all other provisions will remain in full force and effect.
31. THE CHALLENGE AND ALL RELATED MATTERS ARE GOVERNED SOLELY BY THE LAWS OF BRITISH COLUMBIA, CANADA AND APPLICABLE FEDERAL LAWS OF CANADA, EXCLUDING ANY RULES OF PRIVATE INTERNATIONAL LAW OR THE CONFLICT OF LAWS WHICH WOULD LEAD TO THE APPLICATION OF ANY OTHER LAWS. ANY DISPUTE BETWEEN LBI AND YOU OR ANY OTHER PERSON ARISING FROM, CONNECTED WITH OR RELATING TO THE CHALLENGE, THE SUBMISSION OF REGISTRATION FORMS AND ENTRIES TO THE CHALLENGE, PARTICIPATION IN THE CHALLENGE, THE PRIZES, THE USE OF LBI’S WEBSITE (INCLUDING THE SUBMISSION OF REGISTRATION FORMS AND ENTRIES), THE USE OR MISUSE OF ENTRANTS’ PERSONAL INFORMATION, OR ANY RELATED MATTERS (COLLECTIVELY, “DISPUTES”) MUST BE RESOLVED BEFORE THE COURTS OF BRITISH COLUMBIA SITTING IN THE CITY OF VANCOUVER, BRITISH COLUMBIA, CANADA, AND YOU HEREBY IRREVOCABLY SUBMIT AND ATTORN TO THE ORIGINAL AND EXCLUSIVE JURISDICTION OF THOSE COURTS IN RESPECT OF ALL DISPUTES. PROCEEDINGS REGARDING DISPUTES MUST BE COMMENCED IN A COURT OF COMPETENT JURISDICTION IN THE CITY OF VANCOUVER, BRITISH COLUMBIA, CANADA WITHIN ONE (1) YEAR AFTER THE DISPUTE AROSE, AFTER WHICH TIME ANY AND ALL PROCEEDINGS REGARDING THE DISPUTE ARE BARRED.
32. For Québec residents only: 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 Régie for the sole purpose of helping the parties reach a settlement.
33. Participation in the Challenge constitutes irrevocable acceptance and agreement to all of these rules.