Eligibility: To be eligible for the customer referral promotion an individual must: (i) be a legal resident of Canada, UK, or the United States (ii) must be 18 years of age or older in their state/province of residence at the time of entry. Employees, officers and directors of any of iWave Information Systems Inc. ("Sponsor"), the prize provider, their respective parents, affiliates and subsidiaries and their advertising and promotional agencies, and the immediate family (spouse, mother, father, sister, brother, daughter or son, regardless of where they live) or members of the households of such employees and directors (whether or not related) are not eligible. By participating, you agree to these Official Rules and the decisions of Sponsor, which are final and binding in all respects.
1. Email:
You may subsequently opt-out of the receipt of such email or communications by following the directions in the email. Whether you opt-in or opt-out will not affect your participation, or chances to win, in this promotion. During the promotion period, however, you may nevertheless receive emails which iWave Information Systems Inc. deems are related to the promotion and related programs.
2. Promotion Period:
Promotion begins on Feb 1, 2008 at 12:01 a.m. Eastern Time (EST), and ends on Dec 31st, 2008 at 11:59:59 p.m. (EST) ("Promotion Period").
3. To Enter Promotion:
(a) To enter, access the iWave web site at www.iwave.com either directly or by clicking on the icons, banners, or text links on iWave's partner web sites. To enter the Promotion, complete the customer referral form and hit the submit button.
(b) Entries must be received and recorded by Sponsor's computer by 11:59:59pm April 30, 2008 (EST). Any other attempt at Internet or email entry is void.
(c) Sponsor assumes no responsibility for lost, late, incomplete, stolen, misdirected, or illegible entries or email; or for any computer, telephone, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, availability or garbled or jumbled transmissions, service provider/Internet/web site/use net accessibility or availability, traffic congestion, or technical failures, or unauthorized human intervention, or the incorrect or inaccurate capture of entry or other information, or the failure to capture any such information.
4.
In order to qualify for your choice of a referral reward, the referred organization
must purchase a minimum of a one year subscription to Prospect Research Online
within 3 months of customer's referral form being submitted to iWave. Each
prize item has a retail value between $100 - $200 Cdn. The prize will be awarded
when the referred account is active and in good standing. The notice will
be sent to the email address used to submit the entry. Prizes are not transferable,
cannot be assigned and no substitutions or exchanges or cash equivalents will
be allowed except at the sole discretion of the Sponsor due to prize unavailability,
and then for a prize of equal or greater value. Void where prohibited. Limit
3 prizes per year per person.
5. General Conditions:
(a) If prize notification is returned as non-deliverable after three attempts, or if winner is found not to be eligible or not in compliance with these Official Rules, disqualification will result.
(b) Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion or web site; to be acting in violation of the Official Rules; to be acting in violation of the terms of the web site, or to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any use of robotic, automatic, programmed or the like entry methods will void all such entries by such methods, and disqualify any entrant using any such method. In the event of a dispute as to entries submitted by multiple users having the same email account, the authorized subscriber of the email account used to enter the Promotion at the actual time of entry will be deemed to be the participant and must comply with these rules. Authorized account subscriber is deemed to be the natural person who is assigned an email address by an Internet access provider, on-line service provider or other organization which is responsible for assigning email addresses or the domain associated with the submitted email address.
6. Limitations of Liability:
Sponsor is not responsible for any incorrect or inaccurate information, whether caused by web site users, tampering or by any of the equipment or programming associated with or utilized in the Promotion and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access the web site. Sponsor is not responsible for injury or damage to participants' or to any other person's computer related to or resulting from participating in this Promotion or downloading or copying materials from or use of the web site. If, for any reason, the Promotion or the Promotion draw is not capable of running as planned by reason of infection by computer virus, bugs, worms, tampering, unauthorized intervention, fraud, technical failures, or any other causes which, in the sole opinion of Sponsor, may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion, or draw, and select the winner of the Promotion from entries received prior to the action taken or in such other manner as deemed fair and appropriate by Sponsor.
IN NO EVENT WILL SPONSOR OR ITS PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF INTERNET SITE www.iwave.com OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
7. Choice of Law:
Except where prohibited, entrants agree that:
(1) any and all disputes, claims, and causes of action arising out of or connected with this Promotion, or any prize awarded, or the determination of the winner shall be resolved individually, without resort to any form of class action, and exclusively by iWave Information Systems Inc.;
(2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion but in no event attorneys' fees; and
(3) under no circumstances will promotionant be permitted to obtain awards for and promotion and 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 Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the Province of PEI and the laws of Canada applicable therein.
8.
Sponsored by iWave Information Systems Inc. 28 Hillstrom Ave. Charlottetown, PE C1E 2C5 Canada.