DIRTY DRIVER CONTEST OFFICIAL RULES
- How to Enter.
a. take the online “Dirty Driver Test” at www.drivesmartsavegreen.com;
b. take the hardcopy “Dirty Driver Quiz” (forms will be handed out by members of the Drive Smart Save Green street team at various locations around British Columbia) and return the completed form in person to the Drive Smart Save Green street team or mail it to the address set out on the form; or
c. refer a new entrant and have them confirm your referral on their online entry form, as set out in Section 3 below.
The contest commences at 5:30 am Pacific Standard Time (PST) on Monday June 1, 2009. Entries must be received by ICBC no later than the contest closing date of Saturday, October 31, 2009 at 11:59 p.m. Pacific Time. Limit of one entry by each of the methods listed above (maximum of 3 per person). ICBC will have no responsibility for lost, late, misplaced, misdirected and/or incomplete entries regardless of the reason or cause. No purchase is necessary to enter this contest.
- Entry Forms. Online Test entry forms are available at www.drivesmartsavegreen.com and hardcopy Quiz entry forms are available from members of the Smart Squad around British Columbia from time to time. All entries will be the property of ICBC and none will be returned. Upon submission, entrant assigns all rights and waives all moral rights, if any, in the entry to ICBC. No communications will be entered into with the entrants, other than those selected.
- Additional Entry for Referral. Each entrant (the “Referring Entrant”) has the opportunity to earn an additional entry by referring a new entrant (a “Referee”) to the Contest. The Referee must provide the name of the person who referred them in the applicable field in the online entry form. If the name provided matches that of an existing entrant, the Referring Entrant will be granted an additional entry by ICBC. No more than one additional entry in the Contest will be granted to a Referring Entrant.
- Multiple Online Entries. In the event duplicate online entries are received from any one person or e-mail address, the first entry processed will be considered the only valid entry received. Multiple entries from the same person or e-mail address in contravention of these Official Rules will be disqualified. In the event of a dispute, internet entries will be deemed made by the authorized account holder of the e-mail address submitted at the time of entry. The authorized account holder is the individual who is assigned to the e-mail address by an internet access provider, online service provider, or other organization that is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address.
- Prizes. There will be one (1) prize awarded.
The prize is a 2009 smart fortwo coupe. The prize has an approximate value of up to twenty-three thousand dollars ($23,000.00).
The prize will be awarded “as is” with no warranty or guarantee, either express or implied. The prize is non-transferable, non-convertible for cash and no substitutions will be made except at ICBC’s sole discretion. ICBC reserves the right to substitute a designated prize for one of equal or greater value if that prize should become unavailable for any reason.
- Winner Responsibilities. All costs associated with claiming and taking ownership of the prize, including but not restricted to licensing, insurance, registration, and any costs or expenses associated with taking delivery of the prize, are the responsibility of the winner.
- Chances. The chances of winning depend on the number of entries received.
- Eligibility.The contest is open to residents in British Columbia who are at least 19 years of age and who hold a valid B.C. driver’s licence. The following groups of people are not eligible:
- (a) Employees, directors and contractors of ICBC and persons acting as agents of ICBC for the purposes of the Insurance (Vehicle) Act and/or the Motor Vehicle Act of ICBC (collectively, “ICBC Personnel”)
- (b) Employees, directors and contractors of Wasserman + Partners Advertising Inc. or smart Canada, a division of Mercedes-Benz Canada Inc. (collectively, “Partner Personnel”)
- (c) Spouses, common-law partners, children, parents and siblings of ICBC Personnel, or Partner Personnel
- (d) Persons sharing a household with ICBC Personnel or Partner Personnel
- Draw. A random selection will be made by ICBC on November 16, 2009 in North Vancouver, B.C. from all eligible entries received. All decisions made by ICBC with respect to eligibility or the winner are final.
- Selected Entrant Notification. ICBC will contact the selected entrant(s) at the contact information provided on the entry form by telephone or in any other manner determined by ICBC. If ICBC is unable to contact a selected entrant after three (3) attempts to do so over a three week period from the first date of notification or attempted notification, such entrant will be disqualified and a new entrant will be randomly drawn by ICBC.
- Skill Testing Question. To win any prize, the selected entrant(s) must correctly answer unaided, a time-limited skill testing question, posed during a pre-arranged telephone interview or in person.
- Selected Entrant Requirements. Before being declared a winner, a selected entrant will be required to sign and return a declaration and release form:
- (a) confirming agreement and compliance with these contest rules and acceptance of prize(s) as offered;
- (b) agreeing to release and hold harmless ICBC, ICBC Personnel and smart Canada, a division of Mercedes-Benz Canada Inc., from any liability for any injury, damage, loss, cost or expense relating to the selected entrant’s participation in the contest or acceptance of a prize; and
- (c) acknowledging that ICBC has the right to publish the selected entrant’s name, voice, statement, image, likeness, biological information and city or region of residence in any medium, without further compensation beyond the prize awarded for any of ICBC’s business purposes, as ICBC may choose in its sole discretion, in perpetuity.
If the selected entrant fails to sign and return the declaration and release form to ICBC, or if ICBC fails to receive the signed declaration and release form, within two weeks from ICBC’s notification date, the selected entrant will be disqualified, their prize forfeited and another entrant will be chosen. Proof of sending is not proof of receipt by ICBC.
- Non-Compliance with Contest Rules. If the selected entrant does not or cannot comply with these contest rules, then the selected entrant will be disqualified, their prize forfeited and another entrant will be chosen.
- Cancellation, Suspension or Modification. ICBC reserves the right to cancel, suspend or modify the contest at any time for any reason without notice if fraud, technical failures or any other factor beyond ICBC’s reasonable control impairs the integrity of the contest, as determined by ICBC in its sole discretion.
- Laws. The contest is subject to all federal, provincial and municipal laws and regulations.
- Personal Information. By submitting his or her personal information on the contest entry form, entrant consents to ICBC using his or her personal information for the purpose of administering this contest. Personal information will not be used for any other purposes without the entrant’s consent.
- Contest Undermining. ICBC reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the contest or to be acting in violation of these rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage or undermine the legitimate operation of this contest is a violation of criminal and civil law, and, should such an attempt be made, ICBC reserves the right to seek damages from such person to the fullest extent permitted by law and/or to cooperate in the prosecution of such person. ICBC's failure to enforce any term of these rules shall not constitute a waiver of that provision.
- Disclaimer. ICBC Personnel are not responsible for: (i) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the contest; (ii) technical failures of any kind, including, but not limited to malfunctions, slow down, interruptions, or disconnections in phone networks or lines or network hardware or software connected to or related to the contest; (iii) any problems or technical malfunction or speed or quality of any telephone network or lines, computer online systems, servers, access providers, computer equipment, or software howsoever caused; (iv) failure of any email or transmission to be received by ICBC or its agents on account of technical problems or traffic congestion on the Internet or at any website; (v) any injury or damage to a registrant or any other person or property, related to or resulting from participating in this contest; (vi) unauthorized human intervention in any part of the entry process or the contest; (vii) technical or human error which may occur in the administration of the contest or the processing of entries; (viii) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the contest or receipt or use of any prize or while travelling to or from any prize-related activity; or (ix) any injury or damage related to the failure of Canada Post in its processing or delivery of a mail-in entry form, signed declaration and release form or the prize. If for any reason an entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant's sole remedy is another entry in the contest; provided that the contest has not been completed. In the event that it is not possible to award another entry due to discontinuance of the contest for any reason, ICBC, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the remaining prizes offered herein. No more than the stated number of prizes will be awarded. In event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these rules to be available and/or claimed, ICBC reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims to select potential winners.
- Dispute and Governing Law. Entrant agrees that: (i) any and all disputes, claims and causes of action (collectively, “Disputes”) arising out of or connected with this contest, or any prize awarded, shall not be brought after two years from the date that ICBC announces the winner(s) of the contest; (ii) if Disputes are brought within two years from the date that ICBC announces the winner(s), such Disputes shall be resolved individually, without resort to any form of class action, and exclusively by the Courts of British Columbia, Canada; (iii) any and all Disputes, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this contest but in no event attorneys' fees; and (iii) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these rules, or the rights and obligations of the entrant and ICBC in connection with the contest, shall be governed by, and construed in accordance with, the laws of Province of British Columbia.
