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The Datepad™ Dream Date ’08 Contest

Official Rules

OFFERED ONLY IN CANADA (EXCLUDING QUEBEC) AND THE UNITED STATES; VOID ELSEWHERE AND WHERE PROHIBITED BY LAW.

NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR ODDS OF WINNING. The Datepad™ Dream Date ’08 (the “Contest”) begins on or about June 1, 2008 at 12:01 a.m. MST and ends on Decenmber 31, 2008 at 11:59 p.m. MST (the "Contest Period"). Open only to legal residents of Canada (excluding Quebec) and the United States who have reached the age of majority in jurisdiction of residence as of the first day of the Contest Period. Internet access and valid email address required.

How to Enter

To enter the random draw, you must first become a member of Datepad.com and thereafter accumulate points.

(A) How to Become a Member

There is no cost to membership. To become a member, click on “Become a Datepadder” and follow the steps. During the steps you will be asked to provide the following information: (a) a username (the name by which you want to be publicly identified on Datepad.com); (b) your email address; (c) your date of birth; (d) your postal or zip code; and (e) your password*. For Sponsor to verify your membership, you will be asked to identify your city of residence and to confirm that you agree to abide by the Terms of Use of Datepad.com. IF YOU DO NOT AGREE TO THE TERMS OF USE OF DATEPAD.COM, YOU WILL NOT BE VERIFIED AS A MEMBER. You will also be asked to confirm that you want to participate in Datepad's promotions, which include the Contest, and that you agree to abide by the terms and conditions that govern Datepad’s promotions, which include these Official Rules. IF YOU DO NOT AGREE TO THESE OFFICIAL RULES, YOU WILL NOT BE PERMITTED TO PARTICIPATE IN THE CONTEST. You may remain a member and opt out of participation in this Contest at any time by logging in to Datepad.com with your username and password and editing your preferences under the “My Preferences” tab found under the “Datepadders” tab in the upper toolbar of Datepad.com. By opting out of the Contest, you will be disqualified from the draw, and any points/entries you may have accumulated up to the date of your opting out will be disqualified from the draw, and no further points may be accumulated by you.

*You are solely responsible for the security of your password. You should take precautions to keep your password private to prevent any unauthorized use. Neither Sponsor nor any other Releasee, defined below, will be responsible for any losses, damages or consequences you may suffer due to careless or unauthorized use of a password.

(B) How to Accumulate Points

There are four (4) ways to accumulate points as described below. One (1) point equals one (1) entry. All accumulated points will be automatically converted to entries for the draw. Points are personal to the person accumulating them and are not transferable or assignable (and any attempted transfer/assignment of points is null and void). Points cannot be redeemed or exchanged for cash or credit; points may only be used in accordance with these Official Rules. Points expire at the end of the Contest Period, do not carry forward for any purpose, and cannot be used for any other promotions. Any use/attempted use of points other than in accordance with these Official Rules constitutes fraud and will result in disqualification as well as possible prosecution under applicable law. Each member’s points will be tallied by Sponsor or its agent or independent judging organization, whose determinations as to point totals are final and binding. Members’ point balances can be viewed on their “pad” (as part of his/her Datepad.com membership).

There are four (4) ways for you to accumulate points. LIMIT: There is a maximum allowable limit of 1500 points per participant per month. (Once a Datepad.com member reaches the 1500 point threshold in any given month, no further points will be accumulated by such member for that month.)

  1. New member of Datepad.com – 300 points
    If you become a member of Datepad.com during the Contest Period, you can accumulate 300 points. DEADLINE: Your membership must be verified by Sponsor by 11:59 p.m. MST on December 31, 2008. You are prohibited from having multiple memberships and/or canceling your membership and rejoining to qualify as a “new” member. Should any participant attempt to do so or to otherwise create more than one Datepad.com membership, that participant will be disqualified.
  2. Visit to Datepad.com – 50 points per day
    As a member of Datepad.com, you can accumulate 50 points per day by visiting Datepad.com. To qualify as a visit, you must login to your Datepad.com account at least once on a given 24-hour calendar day (12:01 a.m. MST - 11:59 p.m. MST). DEADLINE: You must make your last daily visit by 11:59 p.m. MST on December 31, 2008.
  3. Refer a Friend to Datepad.com – 300 points
    As a member of Datepad.com, you can accumulate 300 points for each friend that you refer to Datepad.com who subsequently registers as a member of Datepad.com during the Contest Period. Points will only be accumulated through the “Refer a Friend” method if Sponsor determines in its sole discretion that you have fully adhered to Datepad.com’s “Refer a Friend” Policy; such policy being made a part of these Official Rules and incorporated herein by reference. If two or more Datepad.com members refer the same friend, only the Datepad.com member who first referred the friend to Datepad.com (as determined by Sponsor or its agent or independent judging organization in its sole discretion) will receive 300 points. To receive points, friend must not already be a Datepad.com member (as per Sponsor’s records) at time of referral. DEADLINE: In order for you to receive points, your referred friend(s) must be verified as member(s) of Datepad.com by Sponsor by 11:59 p.m. MST on December 31, 2008.
  4. Submit a description* of your “Dream Date” – 100 points
    As a member of Datepad.com, you can accumulate 100 points for each description of your “Dream Date” that you submit by the indicated deadline. To submit a description of your Dream Date, head to our “Alternate Entry Page” and provide (a) your Datepad Username, (b) your date of birth, (c) your email address, (d) your city of residence, (e) your postal or zip code, and (f) a description of any length of your Dream Date. Then press “submit” to submit your description. You will retain all rights to your description, and your description will not be used for any purpose other than administration of the Contest. Be sure to obtain the consent of third parties before identifying them (or their property) in description. LIMIT: One (1) description per calendar month. DEADLINE: Your description(s) must be successfully submitted by 11:59 p.m. December 31, 2008.

    *To qualify for points descriptions must: (a) be authored solely by the entrant without violating the rights of any third party, (b) not have been previously published or submitted to another competition or contest, and (c) not of an explicit nature or in bad taste (as determined by Sponsor or its agent or independent judging organization in its sole discretion).

Random Draw

A random draw will be conducted by an independent judging organization on or about January 15, 2009 in Calgary, Alberta from all eligible entries received. Initially selected entrant will be contacted by email or by telephone within five (5) business days of the date of the draw. Odds of winning depend on the number of eligible entries received. If the first selected entrant cannot be confirmed a winner as described below, subsequently selected entrant(s) will be contacted by email in the sequence in which they were drawn. It is the sole responsibility of each entrant to maintain as current his/her registration and contact information; and, Sponsor will have no responsibility or liability for an entrant’s failure to do so.

Prize

(1) “Dream Date”: There is one (1) “Dream Date” prize available to be won. The “Dream Date” prize consists of a maximum budget of $5,000 USD (“$5000 Budget”) for the Winner to use for his or her “Dream Date” with one other individual. Dream date must include a travel component; i.e., travel to and accommodation at a destination other than the winner’s residence. Winner’s travel companion must be of the age of majority in his/her jurisdiction of residence and must be an individual with whom the winner wants to go on a “Dream Date” (and, conversely, travel companion must want to go on “Dream Date” with winner): a romantic dating experience. Accordingly, the travel companion cannot be a member of the winner’s immediate family, with the sole exception of a spouse. All travel arrangements, including air and ground transportation (as applicable) and accommodation, must be made through Sponsor and/or its appointed agent. Destination and other elements (including transportation and accommodation) of “Dream Date” are subject to Sponsor’s approval. Winner will be solely responsible for applicable taxes and insurance, as well as any expenses that exceed the $5,000 Budget, including, by way of example only, meals and attendance at tourist attractions. If final cost of “Dream Date” is less than $5,000 US, winner will not receive the difference in value. Prize must be redeemed and travel must occur within 12 months of the selected entrant being confirmed as a winner.

Sponsor reserves the right to substitute a prize of equal or greater value in the event that the prize cannot be awarded as described due to unavailability for any reason. Prize is non-transferable, must be accepted as awarded by Sponsor, and may not be exchanged by winner for cash or other substitutes.

Eligibility

Open to legal residents of Canada (excluding Quebec) and the United States who have reached the age of majority in their jurisdiction of residence as of the first day of the Contest, and who have internet access and a valid email address. You are not eligible if you are an employee, officer, director, representative or agent of Datepad Inc. (“Sponsor”), its affiliates, subsidiaries, parent or related companies, advertising or promotional agencies, the independent judging organization, or you are a member of the immediate family or same household of any such employee, officer, director, representative or agent. For these Official Rules, “immediate family” means spouse, mother, father, son, daughter, sister and brother regardless of where they reside. Groups, clubs, organizations, commercial entities, and businesses cannot participate.

Winner Confirmation

To be confirmed a winner, selected entrant must (a) reply to potential winner notification email or by telephone call within five (5) business days of it being sent (as per Sponsor’s records); (b) if he/she is a Canadian resident, correctly answer, without mechanical or other assistance, a time-limited mathematical skill-testing question to be administered by telephone (telephone call will be administered during a pre-arranged, mutually convenient time); (c) provide proof of identity in the form of government-issued photo identification that confirms selected entrant’s birth date and postal code (as per Sponsor’s records); (d) be in full compliance with these Official Rules; and (e) sign and return via express mail or courier delivery within ten (10) business days of it being sent by email, a Declaration of Compliance with these Official Rules and a Release of Liability / Consent to Publicity form. If a selected entrant cannot be contacted and confirmed as a winner as described above, the prize will be forfeited and will be awarded to an alternate entrant.

Release of Liability / Publicity Consent

As set out above, to be confirmed a winner, selected entrant must sign and return within ten (10) business days of the Date on the Notification:

  1. a Declaration of Compliance with these Official Rules;
  2. a Release of Liability form releasing Sponsor, its affiliates, subsidiaries, parent and related companies, advertising or promotional agencies, the independent judging organization, and all of their respective directors, officers, owners, partners, employees, agents, representatives, successors, and assigns (collectively, the “Releasees”) from any liability in connection with this contest or the prize; and
  3. a Publicity Consent and Release Form. By accepting the prize, where legal, winner will be required to sign a Publicity Consent and Release Form consenting to the copying, reproduction, distribution, use, publication, broadcast, transmittal, public performance and telecommunication of his/her name, city of residence, voice, statements, photographs, likenesses taken during the Dream Date and/or other indicia of persona (collectively, “Images”) for any advertising/trade/publicity conducted by the Sponsor in connection with this Contest or future promotions, without further compensation and releasing Sponsor and the other Releasees from any and all claims and demands arising out of or in connection with any such use of the Images, including but not limited to claims for libel, invasion of privacy, copyright or other intellectual property infringement, or a violation of right of publicity. For publicity purposes, winner and his/her travel companion will be required to provide Sponsor with photographs of the Dream Date.

To participate in the Prize, travel companion will also be required to execute and return without compensation a Release of Liability and Consent to Publicity and Release Form prior to travel.

Dispute Regarding Identity of Entrant

If the identity of an entrant is disputed, the entry will be deemed to have been submitted by the “Authorized Account Holder” of the email address provided at time of registration as a member of Datepad.com. The individual assigned to the email address for the domain associated with the submitted email address is considered to be the Authorized Account Holder. Entrant may be required to provide proof that he or she is the Authorized Account Holder of the email address associated with the selected entry.

Prohibitions, Etc.

Entrants are prohibited from engaging in the following activities (collectively, “Prohibited Activities”):

  1. violating these Official Rules;
  2. tampering or attempting to tamper with the entry process or the operation of the Contest or the Contest Website, including without limitation, the use of macros, internet bots, automated scripts or other automated means to accumulate points/entries;
  3. acting in an unsportsmanlike or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person (including but not limited to in conjunction with the Refer a Friend component of Contest); and,
  4. unfairly increasing his/her odds of winning in a manner that is contrary to these Official Rules or the Terms of Use of Datepad.com, for example, and without limitation, by having multiple memberships. Any participant engaging in such conduct will be disqualified.

Sponsor reserves the right, in its sole discretion, to disqualify any entrant it finds to have engaged in Prohibited Activities or to have not fully complied with these Official Rules. If Sponsor suspects that an entrant has engaged in Prohibited Activities, or in an unsportsmanlike or disruptive manner, the entrant will be notified accordingly.

CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS CONTEST OR TO UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS. SHOULD ANY SUCH ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW AND TO BAN OR DISQUALIFY AN ENTRANT FROM THIS AND FUTURE CONTESTS, AND TO REVOKE AN ENTRANT’S DATEPAD.COM MEMBERSHIP.

Conduct

By entering, entrants acknowledge that they have read and understood these Official Rules, and agree to abide by them and all decisions of the independent judging organization and Sponsor, which shall be final and binding in all matters relating to this Contest. Entrants who have not fully complied with these Official Rules are subject to disqualification.

General

Sponsor’s computer is the official clock for purposes of determining timeliness of online participation in Contest. All accumulated points and entries remain at all times the exclusive property of the Sponsor, and are subject to verification by Sponsor. Entrants will not be individually contacted except for selected entrant(s) who will be contacted by email or telephone as described above. Accumulated points (and submissions in conjunction with attempted accumulation of points/accumulation of points) that are late, lost, stolen, damaged, incomplete, postage-due, illegible or misdirected or that are altered, contain false information or are otherwise irregular, will be deemed invalid and void.

While every reasonable effort will be made to maintain and accurately reflect one’s participation in the Contest (i.e., the number of points and entries he/she has accumulated), Sponsor and its agencies assume no responsibility for delays or technological or other errors which result in inaccurate or incomplete information being calculated or displayed at any time. Should an error be found (either by participant or Sponsor and its agencies), Sponsor and its agencies may correct such error without any liability to affected participants. You are encouraged to maintain your own records as to your participation in the Contest.

If, for any reason, the Contest is not capable of running as planned by reason of, but not limited to, infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which Sponsor, in its sole opinion deems could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest and proceed with the Contest in such modified form and make the prize available to be won in a manner deemed by Sponsor in its sole discretion, to be fair, appropriate and consistent with the spirit of these Official Rules. Notice of such action by Sponsor will be posted on the website.

The disqualification of an entrant, invalidation of points or entries, or refusal by an entrant to accept the prize for any reason releases and forever discharges the Sponsor and the other Releasees of all obligations to the entrant. This contest is void where prohibited by law and is subject to all applicable federal, state, provincial and municipal laws and regulations. The Contest and these Official Rules shall be exclusively governed by and construed in accordance with the internal laws of the Province of Ontario, Canada. Any dispute shall be adjudicated individually (NOT AS PART OF A CLASS ACTION) in the courts sitting in Toronto, Ontario. To the fullest extent permitted by law, by participating, entrant agrees to be subject to the jurisdiction of the courts sitting in Toronto, Ontario and waives any objection to a court in Toronto, Ontario being the venue/situs of any action. Copyright in contest materials is owned by Sponsor.

Releases, Etc.

By entering the Contest, you agree that the Releasees will not be responsible for:

  1. late, lost, stolen, damaged, incomplete, postage-due, illegible or misdirected communications and/or other conduct intended to result in accumulation of points, points or entries or communications, and/or other conduct intended to result in accumulation of points, points or entries that are altered, contain false information or are otherwise irregular, have been submitted through illicit means or do not conform with or satisfy any or all of the conditions of these Official Rules:
  2. any errors, omissions, incorrect or inaccurate information in any Contest-related materials, including without limitation, printing or advertising errors;
  3. failure of or problems with any equipment or programming associated with or used in the Contest however caused; and
  4. failure of or problems with the Internet or a website at any time however caused;
  5. problems or technical malfunctions of any telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software;
  6. failure, interruption, or delay of any entry or email or post to be transmitted or received or processed whether the failure is the result of technical or human error or for theft, unauthorized access to, destruction or alteration of entries;
  7. traffic congestion on the Internet or at any website or combination;
  8. injury or damage to an entrant’s computer or to any other individual’s computer related to or resulting from participating in, or downloading any material regarding the Contest or accepting the prize;
  9. the security or privacy of information transmitted via computer networks or for breaches of privacy due to interference by third party computer “hackers” or otherwise; and,
  10. any claims associated with the accepting, awarding, or use of the prize.

Sponsor

Datepad Inc. 13-4 Alliance Blvd., Suite 437, Barrie, ON, L4M 7G3.

Winner’s List

Within two (2) weeks of confirming a winner, winner’s name (first name, last initial) and state/province will be posted online.

Privacy

Datepad.com respects privacy rights. By entering the contest, you consent to the collection, use and disclosure of personal information for the purposes of administering and publicizing the contest. You may opt out of participation in the Contest at any time by logging in to Datepad.com with your username and password and editing your preferences under the “My Preferences” tab found under the “Datepadders” tab in the upper toolbar of Datepad.com; by opting out of participation in the Contest you will be disqualified from the draw. Email addresses of referred friends will be used to send an email on your behalf FROM YOUR EMAIL ADDRESS FROM THE DATEPAD SERVER notifying them about Datepad’s free online dating services but, thereafter, will not be retained by Sponsor unless referred friend chooses to become a Datepad.com member. Please read our Privacy Policy.

Revision Date

This document was last revised on June 1, 2008.