Official Rules of the ING DIRECT Interest Rate Monitor Contest
ELIGIBILITY: The ING DIRECT Interest Rate Monitor Contest (the "Contest") is open to residents of Canada who sign up to receive ING DIRECT's Interest Rate Monitor (hereinafter "IRM") updates. Entrants must have attained the age of majority in their respective province. Six (6) winners will be awarded a 1% mortgage up to three-hundred thousand Canadian dollars ($300,000) for up to five (5) years from ING DIRECT. Employees of ING DIRECT Canada or any of its affiliates (including ING GROUP), or other companies associated with the promotion of the Contest, as well as the immediate family (Spouse, parents, siblings, and children) and household members of each such employee are not eligible.
SPONSOR: The Contest is sponsored by ING DIRECT, ING Bank of Canada, a Schedule II bank under the Bank Act (Canada) with its head office at 111 Gordon Baker Road, Toronto ON, M2H 3R1 (the "Sponsor").
AGREEMENT TO OFFICIAL RULES: Participation in the Contest constitutes an entrant's full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein.
ENTRY PERIOD: The Contest begins 12:00:01am EDT on Thursday, July 1, 2010 and ends 11:59:59pm EDT on December 31, 2010 (the "Entry Period"). Entries that are submitted before or after the Entry Period will be disqualified.
HOW TO ENTER: There are two (2) ways to enter:
SIGN UP FOR ING DIRECT'S IRM: In order to receive an entry, you must sign up for, and remain enrolled in, ING DIRECT'S IRM updates during the Entry Period. Limit one entry per person, except where otherwise provided. Persons already receiving the IRM are automatically entered unless their subscription expired before the contest start date of July 1, 2010.
NO PURCHASE NECESSARY FOR CONTEST ENTRY: To enter during the promotion period without making a purchase or signing up for the IRM, please submit a handwritten 50 word essay on the value of home ownership. Please also print your name, address, daytime and evening telephone number, e-mail address and the prize that you are entering for a chance to win on a 3" x 5" card and mail your submission to to: "ING DIRECT, Interest Rate Monitor Contest, 111 Gordon Baker Road, Toronto, Ontario M2H 3R1, Attention Marketing Department. Limit one entry per person.
All mail-in entries must be handwritten and must be postmarked by the contest closing date. All entries become the exclusive property of the Sponsor, and none will be acknowledged or returned. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor.
DRAWING: The Sponsor will select one random winner each month during the contest period approximately 2 weeks after the month end, providing time for all mailed entries to be received during the Entry Period. The Sponsor will attempt to notify a potential winner within ten (10) days of a drawing via email and phone, according to the contact information existing on file. The potential winner will be advised of the procedure that he/she must follow to claim the prize. In the event the potential winner cannot be contacted via email and phone, another winner will be selected. The odds of being selected depend on the number of entries received. The earlier you sign up for the IRM or submit a handwritten essay, the more monthly draws your name will be included in.
REQUIREMENT OF POTENTIAL WINNERS: Except where prohibited, the potential winner must complete and return an Affidavit of Eligibility and Liability/Publicity Release (the "Affidavit/Release") within ten (10) days of notification. The potential winner must correctly answer a mathematical skill-testing question without assistance or mechanical aid and must return the completed skill testing question to the Sponsor along with the Affidavit/Release. It is strongly recommended that the potential winner photocopy all documents prior to sending and to send the original documents using insured Registered Mail with a receipt of mailing. If a potential winner cannot be contacted, fails to correctly answer the mathematical skill-testing question as directed, or fails to sign and return the Affidavit/Release within the required time period, an alternate entrant may be selected in his/her place in a random drawing of all entries received. Up to three (3) alternate entrants may be contacted. If at that point, no entrant has claimed the prize, the prize may not be awarded.
PRIZE: A total of 6 monthly prizes are available to be won. Each winner will receive a 1% fixed rate mortgage for 5 years from ING DIRECT for a mortgage valued up to $300,000. For mortgages greater than $300,000, the 1% rate will only apply to the first $300,000 of said mortgage and the ING DIRECT rates in effect at time of funding will apply to any balance above $300,000. The Prize must be claimed no later than December 31, 2011. In other words, the winner must fund a mortgage with ING DIRECT no later than December 31, 2011. The individual, property, and mortgage must meet ING DIRECT's current underwriting and funding qualification criteria. For winners with an existing mortgage, early cancelation penalties may apply. Please check with your current mortgage provider for details. The Prize is non-transferable, cannot be combined with any other offers, and must be accepted as is and cannot be substituted for cash or any other item. THIS PRIZE MAY BE REPORTED AS INCOME TO A WINNER AND THE WINNER MAY BE RESPONSIBLE FOR PAYMENT AND REPORTING OF ALL APPLICABLE TAXES ASSOCIATED WITH THE RECEIPT OF A PRIZE. CONSULT WITH YOUR TAX ADVISOR FOR MORE INFORMATION.
PRIVACY AND PUBLICITY: By entering the Contest, you authorize the transfer of your personal data to ING DIRECT, ING Bank of Canada for purposes of administration of the Contest. All information submitted to the Sponsor as part of this promotion will be treated in accordance with the Sponsor's Privacy Policy, available on www.ingdirect.ca/en/privacy/privacycode/index.html. Entrants have the right to access, withdraw, and correct their personal data. Entrants may request such action by sending an e-mail to clientservices@ingdirect.ca or a letter indicating your request to ING DIRECT Interest Rate Monitor Contest, Attention Marketing Department, 111 Gordon Baker Road, Toronto, Ontario M2H 3R1. Except where prohibited, by entering the Contest, you grant the Sponsor the right to use your name and/or photo in conjunction with the publication of any winners list or press release about the Contest.
GENERAL CONDITIONS: In the event that the operation, security, or administration of the Contest is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, the Sponsor may, in its sole discretion (and where applicable, with the consent of the Régie des alcools, des courses et des jeux in Québec), either: (a) suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules; or (b) award the prize at random from among the eligible entries received up to the time of the impairment. The Sponsor reserves the right in its sole discretion to disqualify any individual if finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Contest may be a violation of the criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Failure by the Sponsor to enforce any term of these official Rules shall not constitute a waiver of that provision. In the event of a dispute as to any entry, the authorized and registered broker name will be deemed the participant. The Contest is subject to federal and provincial and local laws and regulations and is void where prohibited.
RELEASE AND LIMITATIONS OF LIABILITY: Except where prohibited, in case of death or personal injury caused by the negligence of the Sponsor, or in cases of breach by the Sponsor of any of its obligations under these Official Rules, by participating in the Contest, you agree not to make any claim against the Sponsor, its affiliates, and their respective officers, directors, employees, and agents (the "Released Parties") relating to your participation in the Contest or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Contest; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) lost, late postage-due; misdirected, or undeliverable mail; (e) errors in the administration of the Contest or the processing of entries; or (f) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from your participation in the Contest or receipt or use of any prize. You further agree to compensate any of the Released Parties if they incur or suffer any loss, damage, or other liability as a result of your negligence or breach of these Official Rules. And you agree that in any cause of action, the Release parties' liability will be limited to the cost of entering and participating in the Contest, and in no event shall the Released Parties be liable for attorney's fees. You waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
DISPUTES: Except where prohibited, entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any prize awarded shall be resolved individually, without resort to or any form of class action; and exclusively by the appropriate court located in the Province of Ontario. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant's rights and obligations, or the rights and obligations of the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the Province of Ontario, without giving effect to any choice of law or conflict of law rules (whether Ontario or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than Ontario. Québec residents: Any litigation respecting the conduct or organization of a publicity contest in Québec may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of a prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement
CONTEST RESULTS: To request a winners list, send a self-addressed, stamped envelope to ING DIRECT, Interest Rate Monitor Contest, Attention Marketing Department, 111 Gordon Baker Road, Toronto, Ontario M2H 3R1." Requests must be received within four (4) weeks of the end of the Entry Period.