Challenge Game – Terms and Conditions

1. The Challenge Game (“Game”) is part of the INMUSIC channel of the website located at www.sympatico.msn.ca operated by Bell Canada, through its Sympatico Portal Division (“Sympatico”). The Game is offered by Sympatico at web pages located at www.enmusique.ca and www.inmusic.ca (the “Game Site”).

2. When you enter and participate in the Game you are bound to play and accept that you must participate in the Game in accordance with these Terms and Conditions and any other materials relating to the Game published in the Game Site. The Sympatico.MSN.ca Network Terms of Use which are available at http://privacy.sympatico.msn.ca/tou/ also apply. In addition, the personal information gathered about you in connection with your registration and participation in the Game is subject to Bell Canada’s privacy policies, which are available at http://privacy.sympatico.msn.ca/. If you do not accept these Terms and Conditions in their entirety, you may not enter or participate in the Game. Please note that the Terms and Conditions may be update from time to time without notice to you by posting such updated Terms and Conditions on the Game Site so please check back periodically. The most current version of the Terms and Conditions can be found at http://www.challengevideo.ca/lang/en.

3. To use the features of the Game Site and participate in the Game, you must acquire player status by completing a registration form. All information supplied on the registration form by you will remain accessible and can be updated by you at any time in the “Profile” section of the Game Site (“Player Profile”). The registration form contains both compulsory and optional fields as follows:

(A) Compulsory Fields:

1. E-mail address. You are the person whose name appears on the e-mail account.
2. First Name. Your first name as recognized by law.
3. Surname. Your surname as recognized by law.
4. Choice of a unique surname. By proposing a surname, you accept to conform to the availability of your surname on the Game Site (limit of one player per surname), that your surname must be limited to 250 characters and that your surname must not be used in any solicitation or promotion or be deemed as offensive, degrading, defamatory or discriminatory to any individual or group of individuals.
5. Birth Date. Your birth date as recognized by law.
6. Acceptance. You accept and acknowledge that you have read and understand the Terms and Conditions.

(B) Optional Fields:
(i) Photo. You can upload a Image or avatar (the “Image”) which Image shall be submitted in accordance with the Image Submission Guidelines set out in numbered paragraph 4 below.
(ii) Gender. Select M or F from drop box.
(iii) Address. Your home address.
(iv) City: Your city of residence.
(v) Province. Your province of residence.
(vi) Postal code. Your postal code.

1. Mobile phone number. You must be the person assigned to the mobile phone account and you commit to removing it from his/her profile if he/she is no longer the holder of the number.
2. Mobile phone provider. Select provider from drop box.

(viii) Acceptance via email. You agree to receive communications via email from Sympatico to the email address indicated in your Player Profile.
(ix) Acceptance via mobile. You agree to receive communications from Sympatico to the mobile phone number indicated in your Player Profile.

4. Image Submission Guidelines:

(i) By submitting the Image to Sympatico, you grant to Sympatico a royalty-free, non-exclusive license, in perpetuity, throughout the world, and in any media now known or hereafter devised, to use, modify, reproduce, exhibit, broadcast, communicate, transmit and distribute by electronic means, and to alter and otherwise combine the Image with other content in any manner and in any media whatsoever, including, on websites operated by Sympatico.

(ii) You represent to Sympatico that: (a) you own or control 100% of the rights in the Image; (b) the rights granted to Sympatico hereunder are free and clear of any claim, right and obligation; (c) that you have the right to grant to Sympatico the rights granted hereunder, and you do not require a consent of any third party; and (d) that there is no contract with any third party that could in any way interfere with Sympatico’s rights hereunder or require payment or any compensation to anyone by Sympatico, including, without limitation, to you.

(iii) You agree to indemnify and hold Sympatico harmless from and against all claims, demands, loss, damages and expenses (including reasonable attorney fees and disbursements) and liability arising from any third party claim brought against Sympatico alleging: (a) that the Image infringes any intellectual property right of any third party; (b) that the Image contains material or information that is obscene, defamatory, libelous, slanderous or violates any individual’s right to publicity, privacy or contains any virus; or (c) any inconsistency with your representations or in connection with Sympatico’s use of the Image.

(iv) The Image must not:
a. contain children or photographs of people who appear to be children;
b. copy, reproduce or otherwise use, in whole or in part, any trade-mark, copyright-protected work or other intellectual property of any third party;
c. contain the likeness, name, voice, statements or other identifying characteristics of any person; and
d. contain or depict any pornography, libel, slander, obscenity, profanity, threatening, degrading or demeaning language, symbols or behaviour or other material which may, in the opinion of Sympatico, in its sole and absolute discretion, offend prevailing community standards of decency or appropriateness.

(v) Sympatico reserves the right to remove any Image from the Game Site or from any other medium in which the Image has been posted which Sympatico believes might be unsuitable or is non-compliant with these Terms and Conditions or which otherwise might be the subject of complaints or concerns from Game Site users.

5. By submitting your registration form and each time during the Game you update your Player Profile, you authorize Sympatico in its sole discretion to identify you publicly on the Game Site (“Public Profile”) by showing your Image and player name.

6. During Game play you will perform certain actions and will be awarded a certain number of points (“Points”) based on the actions which Points shall be posted as a “players” score (“Score”) within the Game Site. This information is subject to change and Sympatico reserves the right to modify the nature and quantity of these actions and Points at its sole discretion and at any time during the Game. By participating in the Game, you accept that Sympatico offers no guarantee as to the allotment and preservation of Points. In the eventuality that you may lose part or all of your Points, Sympatico will not be held accountable for any damages that this loss may cause you. You also acknowledge being made aware that your Points have no monetary or exchange value.

7. At any time during the Game you can trade Points that you accumulate for a chance to enter and win a draw (“Draw”) as set out in the Game Site. To participate in a Draw, will have to complete an entry form and accept the Contest Rules & Regulations. Sympatico offers no guarantee as to the quantity, frequency or value of the prizes offered. Your chances of winning a Draw are acquired in exchange of Points that you accumulate in the Game, therefore your chances to win are directly proportional to Points exchanged by you and directly inversely proportional to the total number of chances assigned to other entrants in a Draw. By participating in a Draw, you acknowledges having understood that the Points you trade to enter a Draw will be removed from your Score and added to the number of chances received to win in a Draw. You also acknowledge and agree chances to win can never and under no circumstances be recovered.