Terms & Conditions

The Atlantic Lottery Corporation (“ALC”) “Lotto Max Launch”

Promotion (the “Promotion”) provides an opportunity to win one of four regular prizes (each, a “Regular Prize”) and a Grand Prize, each as described below. One of the four Regular Prizes will be awarded at each of the four provincial events noted below. The Grand Prize will be awarded following the end of the Voting Period, as defined below.
The Promotion will begin with the first Promotion Event on September 25, 2009.

Particulars of the Promotion timetable are provided below.

No purchase is necessary to participate or to win.

HOW TO PARTICIPATE/ELIGIBILITY:

To participate in the Promotion, you must attend one of the following sphering events (the “Promotion Events”) and be selected to participate in such event as further described below:

St. John’s, Newfoundland.
Bowring Park
September 25th 2009, 5:30-8:30 pm.

Charlottetown, Prince Edward Island
Victoria Park
October 2nd 2009, 5:30-8:30pm

Halifax, Nova Scotia
Halifax Common
October 8th 2009, 5:30-8:30 pm

Fredericton, New Brunswick
Wilmot Park
October 16th 2009, 5:30-8:30pm
In order to participate in a Promotion Event, you must attend the Promotion Event, volunteer to participate and be selected by the event supervisors (the “Lotto Max Team”) at the event to participate. Selection will be performed on “first come, first served” basis. In order to be eligible to participate in a Promotion Event and to win a Regular Prize or the Grand Prize, a participant (a “Participant”) must (i) be a legal resident of Canada other than a resident of the Province of Quebec, (ii) be 19 years old or older, and (iii) meet the criteria set out below under the heading “Promotion Eligibility.” In addition, before participating, Participants must completely fill out and execute, in the presence of a witness, who must also sign, the Release of Liability Agreement, Waiver of Claims, Assumption of Risk and Indemnity Agreement (the “Agreement”) in the form provided by the Lotto Max Team. It is possible that not all persons who volunteer will be selected as Participants and that not all persons who are selected as Participants will in fact participate due to the limited time available for each event.
At each of the four events, videos will be taken of each of the participants’ sphering session. Each of the videos (collectively, the “Videos”) will be posted online at www.goingtothemax.com.
During the period beginning September 26, 2009 at midnight Atlantic Time and ending October 31, 2009 at noon Atlantic Time (the “Voting Period”), anyone may navigate to the Lotto Max Launch website at www.goingtothemax.com to view the Videos then posted at the website and vote for his/her favorite Video. Voting for each Video may occur commencing when a Video is posted on the Promotion website by ALC, and may continue until the end of the Voting Period. A person voting may only vote once every five minutes. Only manual voting is permitted; ALC may implement one or more pre-voting verification steps to deter or prevent other than manual voting. Please refer to paragraph 8, below, in respect of the resetting of the cumulative vote totals for the Participants in the first three Promotional Events at the date and time referred to in that paragraph so as to equalize the voting period pertaining to the selection of the Participant eligible to win the Grand Prize.
In respect of each Promotion Event, the Participant who garners the most votes as compared to the other Participants in that Promotion Event during the period from midnight on the Saturday following the Promotion Event (which is when the Videos from the Promotion Event will be posted at the contest website) until noon on the second Monday following the Promotion Event will be eligible to win the Regular Prize applicable to that event.
The Participant selected as eligible to win the Regular Prize at each Promotion Event will be notified by email or postal mail within approximately three weeks following the relevant Promotion Event. The potential winner must contact ALC within 14 days of the dispatch of the winning notification, as requested in the notification; failure to do this will result in the potential winner waiving his/her eligibility for the Regular Prize.
Before being awarded the Regular Prize, the potential winner will be required to correctly answer a time-limited skill-testing mathematical question and to sign a Declaration and Release Form provided by the Lotto Max Team, which will include among other provisions a full release and indemnity form including without limitation statements that he/she has read and understood these Rules, grants all consents required, authorizes ALC to broadcast, publish and disseminate his/her name, city of residence, photograph, likeness, sobriquet and voice, in connection with any promotion or publicity, and/or for general news, entertainment and information purposes at no additional compensation to the potential winner, beyond the awarding of or participation in the Regular Prize, accepts the Regular Prize as offered and releases and holds harmless ALC and all operators, organizers, advertising and promotional agencies and affiliates who provide or make available facilities, premises or services for ALC, including without limitation Agenda Managers Inc., Colour Creative Persuasion Inc. and their respective directors, officers, employees, owners, partners, agents, guides, volunteers, independent contractors, representatives, successors and assigns (collectively hereinafter referred to as the “Releasees”) from and in respect of any and all liability of any kind arising out of the potential winner’s participation in the Promotion and receipt and use of the Regular Prize. If the potential winner fails to fulfill the criteria referenced in this Rules or is otherwise ineligible to be a prize winner, the Participant with the next highest number of votes will be the potential winner, and this process will be followed until a potential winner wins the prize.
At midnight Atlantic time on October 17, 2009 (which is the same time that the videos in respect of the final Promotion Event will be posted), the cumulative vote totals for the Participants in the first three Promotional Events will be reset to zero so as to equalize the voting period pertaining to the selection of the Participant eligible to win the Grand Prize. The Participant whose aggregate number of votes received between midnight Atlantic time on October 17, 2009 and the end of the Voting Period will be eligible to be the Grand Prize winner.
The Participant selected as eligible to win the Grand Prize via the voting process will be notified by email or postal mail within approximately two weeks of the end of the Voting Period, as requested in the notification. The potential winner must contact ALC within 14 days of the dispatch of the winning notification; failure to do this will result in the potential winner waiving his/her eligibility for the Grand Prize.
Before being awarded the Grand Prize, the potential winner will be required to correctly answer a time-limited skill-testing mathematical question and to sign a Declaration and Release Form provided by ALC, which will include among other provisions a full release and indemnity form including without limitation statements that he/she has read and understood these Rules, grants all consents required, authorizes ALC to broadcast, publish and disseminate his/her name, city of residence, photograph, likeness, sobriquet and voice, in connection with any Promotion or publicity, and/or for general news, entertainment and information purposes at no additional compensation to the potential winner, beyond the awarding of or participation in the Grand Prize, accepts the Grand Prize as offered and releases and holds harmless the Releasees from and in respect of and all liability of any kind arising out of the potential winner’s participation in this Promotion and receipt and use of the Grand Prize. If the potential winner fails to fulfill the criteria referenced in these Rules or is otherwise ineligible to be a Grand Prize winner, the participant with the next highest number of votes will be the potential Grand Prize winner, and this process will be followed until a potential winner wins the Grand Prize.

PRIZES:

Each of the four Regular Prizes consists of $300 cash.

The Grand Prize consists of an Xbox 360 Elite and Guitar Hero World Tour, additional wireless controller and two games (Indian Jones and World Tour) and $500 cash with a total approximate retail value of $900.

A Participant is eligible to win one of the four Regular Prizes (one of which will be awarded to a Participant at each of the four Promotion Events) and the Grand Prize. It is possible for a Participant to win one (but not more than one) of the Regular Prizes together with the Grand Prize, a Regular Prize only, or the Grand Prize only.

PROMOTION ELIGIBILITY

An individual who is an employee of ALC or its affiliates, subsidiaries, advertising and promotional agencies or a member of the immediate family member (defined as mother, father, sister, brother, husband, wife and child) of, or living in the same household whether related or not as, any of the foregoing people is not eligible to participate or to win a prize.

GENERAL PROVISIONS

Each Participant acknowledges that his/her participation in the Promotion may be filmed, photographed and otherwise recorded, that all copyright and other intellectual property in such recordings shall be owned by ALC and that ALC and its authorized representatives may use, modify, reproduce and make available the recordings in all manner and media whether now known or hereafter devised throughout the universe in perpetuity. Without limitation, each Participant also agrees that the recordings may be used in contests, competitions and promotions which involve public review, voting and interaction in relation to the recordings.
The chances of being selected as a Participant for a Promotion Event, and of winning a prize, are dependent on the selection and voting processes described in these Rules. Those persons participating in later Promotion Events will have a shorter period to garner votes for their Videos than those persons participating in earlier Promotion Events.
Each Participant agrees: 

(a) to waive any and all claims that he/she has or may in the future have against the Releasees, and to release and hold harmless the Releasees from any and all liability for any loss, damage, expense or injury including death that the Participant may suffer, or that the Participant’s next of kin may suffer, resulting, either directly or indirectly, from either the Participant’s use of the facilities or the Participant’s presence on the relevant premises or participation in the Promotion or the awarding of a prize, due to any cause whatsoever, including without limitation negligence, breach of contract or breach of any statutory or other duty of care, including without limitation any duty of care under any occupier’s liability legislation, on the part of the Releasees, and including without limitation any failure on the part of the Releasees or any of them to safeguard or protect the Participant from the risks, dangers and hazards of the Promotion; 

(b) to hold harmless and indemnify the Releasees from any claims or demands resulting from any property damage or personal injury to any third party, which may be made against the Releasees resulting from the Participant’s participation in the Promotion, the Participant’s use of the relevant premises and facilities or the awarding of a prize;

 (c) that the provisions of this Section 3 shall be effective and binding upon the Participant’s heirs, next of kin, executors, administrators and assigns and representatives, in the event of the Participant’s death or incapacity; and 

(d) that the Participant assumes all risk of injury, loss or damage with respect to the Promotion and the activities associated with the Promotion and the use of the relevant premises and facilities, waives any and all claims arising from any cause whatsoever against the Releases on behalf of the Participant and his/her heirs, successors and assigns and will indemnify the Releasees if any such claims are brought against them.
Each Participant agrees, acknowledges and confirms that:

 (a) the Participant is required to wear an approved helmet and other safety equipment while participating in the Promotion, that there are instructors available to answer any questions that the Participant may have as to the proper use of the relevant equipment, that the physical exertion required of Participants and the forces exerted on the body can activate or aggravate pre-existing physical injuries, conditions, or congenital defects, and that the Participant should seek medical advice if the Participant knows or suspects that his/her physical condition may be incompatible with participation in the Promotion; 

(b) participation in the Promotion involves some risks, dangers and hazards including, but not limited to: changing weather conditions; changes or variations in the surface or sub-surface; exposed rock, earth, and other natural objects; collision with trees, fences, equipment or other natural or man-made structures; collision with other participants, guides or spectators; the failure to remain within designated areas; negligence of other participants or guides; and negligence on the part of the Releasees, including without limitation the failure on the part of the Releases to safeguard or protect the Participant from the risks, dangers and hazards of the Promotion, and that such risks, dangers and hazards exist throughout the terrain and may be uncontrolled, un-marked and not inspected; and 

(c) the Participant is aware of the risks, dangers and hazards associated with the Promotion and freely accepts and fully assumes all such risks, dangers and hazards and the possibility of personal injury, death or property damage resulting therefrom and accepts responsibility for any personal or property damages caused by or as a result of participation in the Promotion.
Decisions of ALC with respect to this Promotion are final on all matters.
ALC has the right, at its sole discretion, to make prize substitutions of equivalent kind and value in the event of unavailability of any specified prize for reasons beyond ALC’s control. Unclaimed prizes will not be awarded.
Winners must accept prizes as awarded. Prizes are not convertible to cash.
ALC assumes no responsibility for garbled, lost, late, delayed, destroyed, misdirected or unavailable Videos, mail, voice messages, e-mail or Internet connections, or any computer errors or malfunctions. ALC does not assume any responsibility for incorrect or inaccurate capture of information, technical malfunctions, human or technical error, seeding or printing errors, lost, delayed or garbled data or transmissions, omission, interruption, deletion, defect or failures of any telephone or computer line or network, computer equipment, software or any combination thereof. If for any reason, in the opinion of ALC, in its sole discretion, the Promotion is not capable of running as originally planned, or if the administration, security, fairness, integrity or the proper conduct of the Promotion is corrupted or adversely affected, including by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes beyond its control, ALC reserves its right to cancel, terminate, modify, amend, extend or suspend the Promotion or to select prize winners by mechanisms other than those set out in these Rules. ALC reserves its right to modify the Rules without materially affecting the terms and conditions hereof. ALC reserves its right in its sole discretion to disqualify any person it finds to be tampering with the entry process or the operation of the Promotion or to be acting in violation of these Rules or otherwise in a disruptive manner. ALC in its sole discretion, further reserves its right to terminate the Promotion at any time during the voting period and to conduct the Promotion based on votes received to the time of termination. Any attempts to deliberately damage the Promotion web site or to undermine the legitimate operation of this Promotion is a violation of criminal and civil laws and should such an attempt be made ALC reserves its right to seek remedies and damages to the fullest extent of the law. ALC shall not be held responsible for any errors or negligence that may arise or occur in connection with the Promotion including without limitation any damage to an entrant’s computer equipment, system, software or any combination thereof, as a result of their participation in this Promotion or from downloading any material from the Promotion web site, where applicable.
Personal information collected from Participants (including name, date of birth, address and contact particulars) will be used by ALC for the purpose of administering this Promotion, if applicable for independent verification of Participant eligibility, to handle any claims, and to provide such persons with marketing information relating to new and existing products and services, and upcoming activities promotions of ALC by mail, e-mail or otherwise. Participants are able to opt in with respect to receiving such marketing information online. ALC will not sell, share or otherwise disclose personal information of entrants with third parties, other than to third parties engaged by it to fulfil the above purposes or as permitted or required by law. By participating or voting in the Promotion, entrants consent to the manner of collection, use and disclosure of personal information as set out in ALC’s privacy policy http://www.alc.ca//English/Legal/#Privacy.
These Rules shall be governed by and interpreted in accordance with the laws of the Province of Nova Scotia, and that any claims shall be brought exclusively in the Courts within the Province of Nova Scotia, sitting at Halifax.
In the event of any discrepancy or inconsistency between the terms and conditions of these Rules and disclosures or other statements contained in any Promotion related materials, including but not limited to television, print or online advertising, the terms and conditions of these Rules shall prevail, govern and control. In the event of any discrepancy or inconsistency between the English language version and the French language version of these Rules, the English version shall prevail.