WOW MOM CONTEST GENERAL CONDITIONS APPLICABLE TO ENTERING THE CONTEST NO PURCHASE OR MONETARY CONSIDERATION NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED BY LAW. ENTRY IS FREE. 1. CONTEST DATES The Wow Mom contest ( Contest ) is hosted and sponsored by Cirque du Soleil Inc., 8400, 2 nd Avenue, Montreal (Quebec) H1Z 4M6, Canada ( Cirque ). The Contest runs from April 14, 2014 at 11:00 AM HAE until May 11, 2014, at 11:59:59 PM PST ( Contest Period ) and is subject to the following general conditions ( Official Rules ). Cirque shall be responsible for the Contest, its organization and its Official Rules. By entering the Contest, Entrants (as defined below) agree to be bound by these Official Rules. 2. ODDS OF WINNING Odds of winning a prize depend on the number of eligible entries received during the Contest Period. One (1) entry per person during the Contest Period. One (1) entry equals to one (1) participation. Each Entrant will be invited to share the Contest by email with his/her mother. Entrants may choose to share the Contest with their mothers or any other person of their choice. The invited person will receive an email inviting them to participate in the Contest. This email will be deemed to have been sent by the Entrant. Sharing the Contest is optional, is not a prerequisite for participation in the Contest and provides no additional participation in the Contest. Sharing the Contest is limited to one (1) sharing by Entrant during the Contest Period. Any attempt or suspected attempt to submit more than one entry or to share the Contest more than once by using multiple email addresses or a pen name, or any use of robotic, automatic, programmed or any entry methods not authorized by these rules shall be deemed as tampering and will void all of your entries. 3. WHO CAN ENTER The Contest is open to all residents of the United States of America, excluding Puerto Rico and all United States territories and possessions which are not eligible, who have reached the age of majority in accordance with the laws of their state of residence at the time they enter the Contest. Employees, agents and representatives of Cirque, its subsidiaries, affiliated companies, controlling corporations, advertising or promotion agencies, sponsors, suppliers of materials, prizes and services related to the Contest, or any other person directly associated with the organization of the Contest, as well as members of their immediate families (father, mother, brothers, sisters, children), their legal or common law spouse, and any persons residing with these employees, representatives and agents are not eligible to participate. 4. HOW TO ENTER NO PURCHASE NECESSARY TO ENTER THE CONTEST. 1
4.1 Electronic Method of Entry There is one (1) way to electronically enter the Contest: You can enter the Contest via the following link: www.cirquedusoleil.com/wowmom, by completing the form with all the required information (your name, address, year of birth, e-mail), and by completing the Contest registration process ( Registration Form ). You will also be prompted to join Cirque Club. This is an optional opt-in and not a mandatory requirement for entering the Contest. 4.2 Alternative Method of Entry You may also enter the Contest by using the following method (the Alternative Method of Entry ): On a hand-addressed 4 x6 postcard, hand print in block letters the following information: your name, address, phone number, age, and e-mail address (if any) ( Mailin Entries ). Mail the postcard to: Wow Mom Contest Chantal Ouellet, Secretary, Strategy and Marketing Solutions Cirque du Soleil 8400, 2 nd Avenue Montreal(Quebec) H1Z 4M6 Canada All Mail-in Entries must be received no later than May 11, 2014 at 11:59:59 PM PST. Participants who have duly completed the Registration Form or those who used the Alternative Method of Entry shall be referred to collectively as the Entrants or individually as an Entrant. Entrants must at all times use the same e-mail address. The use of more than one (1) e-mail address by an individual will result in automatic disqualification of that individual. 5. PRIZES 5.1 Prizes Description Among all valid Registration Forms and Mail-In Entries received before the end of the Contest Period (collectively, the Eligible Entries ), FIFTEEN (15) prizes will be awarded, subject to the conditions below. Each Winner will receive ONE (1) prize consisting of: - Two (2) category 1 tickets to attend ONE (1) of any shows presented by Cirque du Soleil anywhere in the world, to be chosen by Winner. Each ticket has an approximate retail value not to exceed One Hundred Twenty United States Dollars (USD $120.00); AND - ONE (1) meet and greet access for two people with an artist of the show. Each meet and greet has an approximate retail value not to exceed Eighty United States Dollars (USD $80.00). (Collectively or individually, the Prize ). The total retail value of the Prizes is approximately Four Thousand Eight Hundred United States Dollars (CAD $4,800.00). 2
5.2 Conditions applicable to the Prize The following conditions apply to the Prize: (1) Each Winner must use his/her Prize before December 31, 2014. (2) All costs, charges or expenses, including without limitation all other traveling expenses, accommodation, money allocation, all taxes (including income, airport, hospitality or other taxes if applicable), insurance, fuel surcharges, travel related fees and items of a personal nature, passports and other travel documents, meals and beverages, internet access charges, bar and wine charges, room service, gratuities, and local and long distance telephone calls are the sole responsibility of the Winners and their respective guest. For the sake of clarity, Entrants acknowledge that their Prize does not include any travelling and/or accommodation expenses; (3) No compensation will be awarded to a Winner or his/her guest if the actual value of a Prize is less than the approximate retail value detailed hereinabove; (4) All seat locations to the show are subject to availability and seats shall be determined at the sole discretion of Cirque. Selected performance is subject to blackout dates, holidays and show extended dark periods; (5) If a Prize or any part of the Prize is not used, no compensation will be awarded to the Winner of this Prize and his/her guest; (6) A Prize may be accepted by a Winner in whole or in part. In the event that a Prize is accepted in part by a Winner, Cirque shall have no other obligation than to provide to such Winner such accepted part of his/her Prize. This Winner shall not be entitled to claim any part of the Prize that he/she has refused and Cirque shall be released of any obligations pertaining to such refused part of the Prize; (7) All accepted parts of a Prize must be used at the same time by a Winner and his/her guest; (8) All federal, state or local taxes are the sole responsibility of each Winner; (9) No prize substitution or cash redemption allowed by a Winner. The Prize is not transferable. Cirque reserves the right to substitute a prize of equal or greater value if any portion of a featured Prize becomes unavailable. 6. RANDOM DRAWINGS, WINNERS NOTIFICATION AND SELECTION OF ALTERNATE WINNERS Subject to the terms hereof, the Prize winners of the Contest will be determined by a computer generated random draws amongst all Eligible Entries (individually the Winner and collectively the Winners ). The random draws will be conducted by a representative of Cirque du Soleil at 8400, 2 nd Avenue, Montreal (Quebec) H1Z 4M6, Canada, on May 12, 2014 at 3:00 PM HAE. The Entrants randomly chosen for a Prize will be notified by telephone or by email within five (5) days following the Prize draw. In the event an Entrant is unreachable by telephone or by email within five (5) days following the draw and/or the notification is returned as undeliverable, or the chosen Entrant fails to comply with the provision of Section 7 below, such randomly selected 3
Entrant will forfeit the Prize. The forfeited Prize may be awarded to an alternate Entrant via a random draw conducted amongst the remaining Eligible Entries (the Alternative Draw ). For the sake of clarity, if a chosen Entrant for the Prize is unable to respond within five (5) days following the Prize draw, he/she forfeits the Prize and an Alternative Draw will be held to award the Prize. The Entrant randomly chosen for the Prize pursuant to such Alternative Draw will be notified by telephone and/or by email within five (5) days following the Alternative Draw and the aforementioned conditions to redeem the Prize will apply mutatis mutandis. Alternative Draws will be held until all Prizes are awarded. 7. WINNER QUALIFICATION In order to be declared Winner, each Entrant selected pursuant to Section 6 above must meet the following conditions: (1) Compliance with these Official Rules and conditions for eligibility; (2) Complete and return to Cirque, within five (5) days of receipt, an affidavit or other document of eligibility, liability/publicity release and compliance with the Official Rules, confirming his/her compliance with the Official Rules, releasing Cirque, its subsidiaries, affiliated companies, controlling corporations, employees, agents, representatives, administrators and officers, advertising or promotion agencies, sponsors, suppliers of materials, prizes and services related to the Contest, or any other person directly associated with the holding of the Contest from all liability, and except where prohibited by law, permitting Cirque and its representatives to use such selected Entrant s name, photographs, likeness, statement concerning a Prize, place of residence, without compensation, in any publicity carried out by Cirque and for any required disclosures without his/her consent ( Declaration Form ); (3) A declaration form similar to the Winner s Declaration Form must also be signed by the guest of each Entrant selected for a Prize; Failure of a selected Entrant to meet any of the above-mentioned conditions will result in such selected Entrant s automatic disqualification and loss of entitlement to his or her Prize. In such event, Cirque shall have the right to select another Entrant through an Alternative Draw pursuant to Section 6. 8. PRIZE DELIVERY Cirque shall determine with each Winner the method of delivering the Prize within thirty (30) business days following the receipt of the Declaration Form. Cirque may namely send the Prize to a Winner by email or make it available at the box office on the site of the selected show s location. 9. LIMITS OF LIABILITY; DISCLAIMERS BY ENTERING THE CONTEST, ENTRANTS AGREE TO BE BOUND BY THESE OFFICIAL RULES, AND AGREE TO RELEASE CIRQUE, ITS EMPLOYEES, AGENTS AND REPRESENTATIVES, ITS SUBSIDIARIES, ITS AFFILIATED COMPANIES, ITS CONTROLLING CORPORATIONS, ADVERTISING OR PROMOTION AGENCIES, SPONSORS, SUPPLIERS OF MATERIALS, PRIZES AND SERVICES RELATED TO THE CONTEST, OR ANY OTHER PERSON DIRECTLY ASSOCIATED WITH THE HOLDING OF THE CONTEST ( RELEASED PARTIES ) FROM ANY AND ALL 4
LIABILITY WHATSOEVER FOR LOSSES OR DAMAGES OF ANY KIND THAT RESULT FROM ACCEPTANCE, POSSESSION OR USE OF ANY PRIZE OR FROM ENTRY OR ATTEMPTED ENTRY INTO THE CONTEST. THE RELEASED PARTIES ASSUME NO LIABILITY FOR LOST OR MISDIRECTED ENTRIES, WHETHER DUE TO TECHNICAL OR COMPUTER MALFUNCTIONS OR OTHERWISE OR ANY OTHER TECHNICAL OR COMPUTER MALFUNCTIONS, FRAUD, OR OTHER ERRORS. CIRQUE RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO CANCEL, TERMINATE OR SUSPEND THE CONTEST IN ITS ENTIRETY, IN THE EVENT THAT THE WEBSITE IS INFECTED BY A VIRUS, A SOFTWARE BUG, THE WEBSITE IS HACKED, UNAUTHORIZED HUMAN INTERVENTION OCCURS OR THE INTEGRITY, ADMINISTRATION, IMPARTIALITY OR NORMAL OPERATION OF THE CONTEST IS COMPROMISED IN ANY WAY. ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF THE LAW. SHOULD SUCH AN ATTEMPT BE MADE, CIRQUE RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. 10. GENERAL 10.1 By entering the Contest, Entrants agree to abide by the Official Rules, and that the decisions of Cirque are final and without appeal with respect to all aspects of the Contest including, without limitation, the eligibility and/or the disqualification of Registration Forms and Mail-in Entries. All Registration Forms and Mail-in Entries submitted become the exclusive property of Cirque and will not be returned. 10.2 The Registration Forms and Mail-in Entries are subject to audit by Cirque. Any Registration Form or Mail-in Entry that, depending on the case, is incomplete, fraudulent, copied, received late, discriminatory, defamatory, offensive, obscene, vulgar or against good morals or prejudicial to Cirque, its subsidiaries, affiliated companies, parent corporations, its employees, agents, representatives, directors and officers, its advertising and promotion agencies or any other person related in any manner whatsoever to Cirque will automatically be rejected and will not be eligible for the Prizes. 10.3 The Prizes must be accepted as described in these Official Rules, and may not be sold, transferred to another person, assigned, substituted for another prize, or exchanged in whole or in part for cash. 10.4 For the purpose of these Official Rules, an Entrant is the person whose name appears on the Registration Form or Mail-in Entry and, in case of confusion, who owns the email address. 10.5 The use of any automated entry software or any other mechanical or electronic means that permits the participant to automatically enter repeatedly is prohibited. 10.6 The Winners are hereby advised that tax implications may arise from winning a Prize and they should seek independent financial advice prior to acceptance of a Prize. 11. PERSONAL INFORMATION RETENTION RULES FOR CONTEST When entering the Contest, Entrants agree that their personal information collected by Cirque ( Personal Information ) shall be used in accordance with applicable law in order for Cirque or its agent to contact the Entrants for the purposes of the Contest. The 5
Entrant s Personal Information shall not be used for any other purposes unless expressly agreed by Entrant and shall be subject to all applicable laws. In compliance with the Personal Data Protection Legislation in force, you are informed and you expressly consent to the incorporation of your Personal Information into Cirque s database and its automatic treatment for the purposes abovementioned. Cirque has adopted the technical and organizational measures necessary to ensure the security of the Personal Information and prevent their alteration, loss, unauthorized processing or access, having regard to the state of the technologic development. At any time you may revoke your consent and exercise your rights of objection, access, rectification and cancellation addressing your notice to Chantal Ouellet Secretary, Strategy and Marketing Solutions, Cirque du Soleil, 8400 2 nd Avenue, Montreal, Quebec, Canada, H1Z 4M6. Please, for your convenience and to hold our databases up to date, kindly notify us any change in your Personal Information. 12. OFFICIAL RULES/INFORMATION To obtain any information about the Contest such as the name of the Winners, to obtain a copy of the Official Rules or for any complaints, you may send a self-addressed stamped envelope with your written request to Cirque: Wow Mom Contest Chantal Ouellet, Secretary, Strategy and Marketing Solutions Cirque du Soleil 8400, 2 nd Avenue Montreal (Quebec) H1Z 4M6 Canada All complaints will be answered within a thirty (30) days period by mail or by email, as specified in the complaint. 13. DISPUTES, CHOICE OF LAW, CHOICE OF LANGUAGE AND SEVERABILITY As a condition of participation in this Contest, each Entrant agrees that any and all disputes that cannot be resolved between the parties, and all causes of action arising out of or in connection with the Contest shall be resolved individually, without resort to any form of class action, exclusively before a court located in New York, New York, having competent jurisdiction, which court shall apply the laws of the State of New York, without regard to the conflicts of laws principles thereof. If any provision of the Official Rules is declared or found by a court of competent jurisdiction to be illegal, unenforceable or void, then such provision will be null and void but each other provision hereof not so affected will be enforced to the full extent permitted by applicable law. 14. ASSIGNMENT Cirque may at any time assign all or part of its rights and obligations under these Official Rules, to any of its affiliated entities, which is any entity directly or indirectly controlled, controlling or under the same control as Cirque, provided that the assignee assumes all of Cirque s obligations hereunder. 6