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“Lotus Stock Exchange” (LSX) Contest Rules
  1. The “Lotus Stock Exchange” Contest (the “Contest”) is held by the Advertising Agency Association of British Columbia (the “Contest Organizer”). The Contest will be advertised in Marketing Magazine and on Lotusstockexchange.com (“Website”) and run on the Website from 7:00 a.m. (PT) on September 18, 2008, to 4:00 p.m. (PT) on November 12, 2008 (the “Contest Period”).
ELIGIBILITY
  1. Registration and participation in the Contest is free and open to residents of British Columbia who are nineteen years of age or older.
  2. Those directly involved (as representatives of or on behalf of the Contest Organizer) with the organizing of the Contest and/ or the back-end system involved in determining winners, as well as members of their immediate family (brothers, sisters, children, father, mother), legal or common-law spouse and any individuals with whom such persons are domiciled, are not eligible to win the Grand Prize, but may participate in creating a Portfolio. All other participants must enter correct personal information to be eligible for the grand prize. The person eligible to win the Grand Prize must sign a release and affidavit attesting to identity and age in order to collect the Grand Prize.
  3. Nominees of the 2008 Lotus Awards, members of their families, employees and representatives of member agencies of the Advertising Agency Association of British Columbia, and ticketholders of the 2008 Lotus Awards who are not excepted out by item 3, and meeting the requirements of item 2, are eligible to enter the Contest.
HOW TO PLAY/ENTER
  1. No purchase necessary and no actual money is used. Each Participant is given a fictional sum of $100,000 (one hundred thousand Lotus dollars) in order to buy Stocks and create their Portfolios. Participants are not required to use all of the fictional $100,000 given to them. The final value of the Portfolio depends on the judgment of the Participant about the likelihood of Stocks (as defined below) winning award(s) at the 2008 Lotus Awards.
    • Stocks: Every nominee of the 2008 Lotus Awards has been listed as a LSX Stock.
    • Stock value: Stocks are valued mathematically by the Stock’s performance at previous Lotus Awards from 2003-2007. All new Stocks (first time nominees) are valued at $2.00 each.
    • Register: Participants must go to the Website, follow the instructions and register to create an account. Once registered, Participants then create a Stock Portfolio by buying Stocks in anticipation of how well its Stocks (nominees) will fare at the 2008 Lotus Awards. The Grand Prize will be awarded to the Participant with the top performing Portfolio (by total net worth gains).
    Once you register on the Website, you have two ways to create your Portfolio.
    1. You can select for Stocks individually based on past performance to create your Portfolio (all pertinent information required to make your selections is available on the Website) ; OR
    2. Use the Randomizer function on the Website to create an computer generated randomly selected Portfolio.
  2. Changes to Portfolio. Participants can make changes to their Portfolios any time up until the end of the Contest Period.
  3. Restrictions. Each Participant can create only one (1) Portfolio for the duration of the Contest Period. Any attempt to acquire additional Portfolios (including individuals registering with multiple e-mail addresses) is grounds for disqualification from the Contest.
GRAND PRIZE
  1. One (1) Grand Prize will be awarded to the Participant whose Portfolio makes the highest gains after the 2008 Lotus Awards results are announced. The Grand Prize is:
    1. One (1) HTC Touch Diamond™ Cell Phone Package to be used on TELUS mobility network (valued at $449.99 plus applicable taxes). The HTC Touch Diamond™ Cell Phone Package includes a rechargeable battery and AC charger, USB sync and charging cable, mini USB splitter, stereo headset, carrying pouch, 2 styluses*; AND
    2. Five hundred Canadian dollars ($500.00) cash.
    * Some terms, conditions and restrictions apply to the use of the HTC Touch Diamond™, including that it can only be used on the TELUS mobility network; costs of monthly plans are not included in the Grand Prize; network activation charges may apply; and it is only available in English. Taxes and extra charges in using the Cell Phone may apply. Full terms, conditions and restrictions available when Grand Prize is awarded.
WINNING
  1. Determination of Winning Portfolio. After 4:00 p.m. (PT) on November 12, 2008, the gains in the Participants’ Portfolios will be calculated at the Contest Organizer’s offices in Vancouver, British Columbia on November 13, 2008 and the Participant with the highest gain in Portfolio will be eligible to win the Grand Prize. In the event of a tie between highest gain Portfolios, one (1) Grand Prize winner will be randomly drawn from the tied Participants.
  2. Announcement of Winner. The Contest Organizer aims to announce the Winner at the 2008 Lotus Awards event on November 14, 2008 (“Event”) if verification of the Winner is completed to the Contest Organizer’s satisfaction and requirements, and award the Grand Prize at that time. In the Event the Winner cannot be verified before the event, an announcement will be made of the name of the Participant with the winning Portfolio at the 2008 Lotus Awards event with verification to be completed and declaration of the Winner to be finalized upon complete verification, and the Grand Prize will not be awarded at the event but after verification has been completed. As such, the Contest Organizer reserves the right to declare a different Winner and award the Grand Prize to that new Winner after the initial announcement to ensure that the winning Portfolio holder fulfills the Contest requirements.
  3. Verification of Winner. The Contest Organizer will make every reasonable effort to contact the Participant of the winning Portfolio between 11:00am and 4:30pm (PT) on November 13, 2008 to have the Participant complete the affidavit of identity and sign the release (along with answering the skill-testing question contained on the release) in order to declare that person a winner before the Event.
  4. Attendance at the Event is not required to collect the Grand Prize.
  5. Chances/Odds of winning. The chance of winning the Grand Prize depends on the number of eligible Portfolios during the Contest Period and are dependent on the judgment and skill used in picking Stocks and on the 2008 Lotus Awards results.
AWARDING OF THE PRZIES
  1. To be declared the Winner, the Participant who has the highest Portfolio gain by the end of the Contest must sign an affidavit of eligibility and a liability/publicity release.
  2. Failure to comply with any one of the conditions above in these Contest Rules will cause the Winner to be automatically disqualified and forfeit the Grand Prize. In such a case, the Contest Organizer will award the Grand Prize to the Portfolio with the next highest total gains pursuant to these Contest Rules.
GENERAL CONDITIONS
  1. The Contest Organizer reserves the right to disqualify Participants who do not comply with these Contest Rules. Participants are subject to verification by the Contest Organizer. Any Registration which is, as the case may be, incomplete, illegible, fraudulent, submitted late, or otherwise noncompliant shall be disqualified and will not entitle the Participant to be registered in the Contest or to win the Grand Prize. Anonymous registrations are not permitted and falsification of registration is grounds for disqualification from the Contest.
  2. The Grand Prize must be accepted awarded and will be awarded only to a qualifying Participant with the highest total gains in his or her Stock Portfolio. Taxes and extra charges on the Grand Prize, if any, are the sole responsibility of the Winner. The Grand Prize may not be transferred to another person, replaced by another prize or exchanged in whole or in part for cash, unless in the sole discretion of the Contest Organizer.
  3. In the event of a tie between highest gain Portfolios, one (1) Grand Prize winner will be randomly drawn from the tied Participants by an independent person from the Awards at the Contest Organizer’s offices in Vancouver, British Columbia on November 13, 2008 at 11:00am (PT).
  4. The Contest Organizer reserves the right to substitute the Grand Prize (or portion thereof) with a prize of equivalent value or, at its sole discretion, with the cash value of the prize as indicated in the Contest Rules.
  5. By participating, you agree to release, discharge and hold harmless the Contest Organizer, its affiliates, and their respective officers, directors, employees and advertising and promotion agencies, from all claims or damages arising out of your participation in the Contest and/or acceptance, ownership or use of any prize. By participating in the Contest, you acknowledge that you will have no entitlement to any award or other prize unless and until you qualify and become eligible to receive such award as expressly stated in these Contest Rules.
  6. The Contest Organizer reserves the right, in its sole discretion at any time and for any reason, to terminate the Contest without further obligation or liability of any kind to any participant. Without limiting the generality of the foregoing, upon any termination of the Contest, your rights in and to receive any award or prize shall be terminated except to the extent already accrued as of the effective date of termination. In the event that participation in the Contest must be terminated in whole or in part before the ending date of the Contest as provided in the Contest rules, the Contest Organizer will proceed with the eligible Portfolios created up to the date of the event terminating participation in the Contest.
  7. If for any reason any portion of the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, the Contest Organizer reserves the right at its sole discretion, to cancel, terminate, modify or suspend the Contest, to disqualify any individual who tampers with any aspect of the Contest or acts in any way contrary to the spirit of the Contest and the Contest Rules, and to award the Grand Prize among eligible Participants not affected by the problem.
  8. In case of any dispute regarding identity of the Winner, the Winner will be the natural person who is the authorized holder of the transmitting email address at the time of registration on the Website. It is to this person to whom the Grand Prize will be awarded. To collect the Grand Prize, the Winner shall be required to sign an affidavit attesting to identity (with photo identification), residence and age.
  9. The Contest Organizer reserves the right, at its sole discretion, to cancel, modify or suspend this Contest in whole or in part, or to terminate it, should human intervention or an event take place that could modify or affect the administration, security, impartiality or conducting of the Contest as provided in these Contest Rules.
  10. In no event shall the Contest Organizer, its affiliates, their advertising and promotional agencies, the suppliers of prizes, materials or services related to this Contest be required to award more prizes than indicated in these Contest Rules or to award the Grand Prize other than in accordance with these Contest Rules.
  11. Each selected Participant authorizes the Contest Organizer and its representatives to use, if required, its name, photo, likeness, statement regarding the prize, place of residence and/or voice for publicity purposes, without additional compensation. The Winner shall be required to sign a liability/responsibility release to such effect.
  12. Any decision by the Contest Organizer or its representatives regarding this Contest final on all matters of fact, interpretation, eligibility, procedure and fulfillment. The Contest is governed by the laws of British Columbia. By participating in the Contest, you agree that any dispute, claim or controversy arising out of or relating to the Contest (including these Contest Rules) will be settled by the courts and law of British Columbia and Canada as applicable.
  13. No communication or correspondence related to this Contest shall be exchanged with Participants except as provided for in the Contest Rules or in the Contest Organizer’s sole discretion.
  14. Participants’ personal information collected for the purposes of the Contest will be used only to administer the Contest. No commercial or other communications unrelated to the Contest will be sent to Participants, unless they have otherwise agreed to receive such communications.
  15. If a section of the Contest rules is declared or deemed illegal, unenforceable or invalid by a competent court, that section shall be considered invalid, but all unaffected sections will be applied within the limits of the law.
  16. Any attempt to deliberately sabotage the legitimate course of this Contest constitutes a violation of civil and criminal laws. Should there be any threats of violations, the Contest Organizer reserves the right to reject the Participant’s registrations and obtain legal or equitable relief under the applicable laws.
  17. The content available through Website is the property of the Contest Organizer or its licensors, and is protected by copyrights, trademarks, service marks, patent or other proprietary rights and laws. The Content Organizer shall not be liable for any errors or delays in the content of any information on the Website. You hereby agree that all content located on Website is the sole property of the Contest Organizer or its licensors. You understand and hereby agree that the information in, or derived from, predictions and other information contained on the Website, including without limitation text, graphics, images, animations, computer programs, data, designs, logos and button icons and the arrangement, collection and assembly thereof, is the property of the Contest Organizer, and may not be copied, modified, adapted, translated, mirrored, reverse engineered, decompiled, disassembled, republished, redistributed, transmitted, altered, edited or exploited in any manner for any purpose without the express written permission of the Contest Organizer, except you are hereby permitted to display, print and store one (1) electronic copy of information provided by the Contest Organizer or its affiliates for your own personal use.
  18. “HTC Touch Diamond Cell Phone” and “Telus” are trade-marks owned by Telus Communications Inc. (TCI). TCI is not a sponsor, partner, affiliate or in any way related to or involved with the Contest or the Contest Organizer.