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Adventus Incorporated: The Great Homeschool Giveaway

OFFICIAL RULES

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. THE GREAT HOMESHOOL GIVEAWAY CONTEST IS CONDUCTED BY ADVENTUS INCORPORATED, 3008 OXFORD STREET, SUITE 101, HALIFAX, NS, CANADA B3L 2W5. IT IS A SKILL-BASED CONTEST. PLEASE NOTE THAT THIS IS NOT A PRIZE DRAW BUT AN ESSAY WRITING COMPETITION. THE GREAT HOMESHOOL GIVEAWAY CONTEST IS OPEN ONLY TO INDIVIDUALS WHO ARE, AS OF JULY 31, 2009, AT LEAST THE AGE OF MAJORITY IN THEIR ELIGIBLE JURISDICTION OF RESIDENCE, OR AT LEAST 18 YEARS OF AGE, WHICHEVER IS OLDER; AND WHO RESIDE IN THE SAME HOUSEHOLD WITH AT LEAST ONE CHILD BETWEEN THE AGES OF 3 AND 18 OF WHOM THEY ARE A LEGAL PARENT, GUARDIAN OR IMMEDIATE FAMILY MEMBER. VOID WHERE PROHIBITED BY LAW.

1. Contest Dates and Times: The Great Homeschool Giveaway (Contest) begins July 31, 2009 at 12:00:01 AM Atlantic Time, and ends on or about September 21, 2009 at 11:59:59 AM Atlantic Time (Contest Period). Adventus Inc. runs the official clock for the Contest and will solely determine the time by which an entry is received.

2. Contest Administrator:
Adventus Incorporated, 3008 Oxford Street Suite 101, Halifax NS B3L 2W5.

3. Eligibility: Participation in this Contest is open to individuals who, as of July 31, 2009, are at least the age of majority in the individual’s eligible jurisdiction of residence, or at least 18 years of age, whichever is older; and who reside in the same household with at least one child between the ages of 3 and 18 of whom they are a legal parent, guardian or immediate family member.

The Contest is void where prohibited by law. Also not eligible to enter or participate in the Contest are employees, officers, directors, agents, representatives of Adventus Inc., and their immediate family members (which means parents, spouses, children, siblings, in-laws, grandparents and grandchildren and their respective spouses, regardless of where they reside) or residents in the same household (whether legally related or not), and advertising and promotion agencies, legal and financial advisors, any and all other companies associated with this Contest.

4. How to Enter the Contest: NO PURCHASE NECESSARY. Individuals who wish to become a Contest entrant (Entrant) should write and submit a short essay of a minimum 100 words to a maximum of 500 words in length explaining why they want music for their child or children.

Entries may be submitted anytime during the Contest Period (see Section 1 for dates and times) at the Great Homeschool Giveaway webpage located at http://www.musiqhomeschool.com/great-homeschool-giveaway. Limit one (1) Entry per Entrant. Entries not submitted in accordance with the instructions provided on the Contest Site and in these Official Rules are subject to disqualification, in the sole discretion of the Contest Administrator.

By clicking the Contest submission button (Enter Me Now!), Entrants signify that they have read, accept, and agree to be bound by these Official Rules and the terms hereunder, including but not limited to the releases of liability, and the decisions of the Contest Administrator which are final and binding in all respects.

For purposes of these Official Rules, receipt of Entry occurs when the Adventus web servers successfully receive the Entry.

ALL ENTRIES SUBMITTED WILL BE BECOME PROPERTY OF ADVENTUS INCORPORATED.

5. Technical and Creative Requirements: Write an original essay that serves to define why the Entrant wants music for their child or children. Essay Length: minimum 100 words. Maximum 500 words. Entries shorter than 100 words or longer than 500 words are subject to disqualification at the sole discretion of Adventus Inc. Language: Entries must be submitted in English only.

6. Entry Terms: By entering, Entrants agree to comply with Adventus Inc. Terms and Conditions (http://www.adventus.com/policies/) all of which are incorporated by reference into these Official Rules. Any Entry/Entrant information collected during the Contest shall be used only in a manner consistent with the consent given by Entrants, at the time of entry, and with these Official Rules.

By entering, regardless of eligible country of entry, each Entrant represents and warrants that that his or her Entry conforms to these Official Rules, and that the Entry:

(i) is the original work of the Entrant;

(ii) has not previously been submitted in any competition and has not won an award or prize of any kind;

(iii) does not include copyrighted material not owned by Entrant or material that is used without permission or that otherwise infringes or violates the rights of any third party;

(iv) does not defame, misrepresent, or contain disparaging remarks, the determination of which shall remain in the sole discretion of Adventus Inc.;

(v) does not contain pornographic content, hateful content of any kind, content which promotes violence, or any other offensive, obscene or inappropriate content, the determination of which shall remain in the sole discretion of Adventus Inc.;

(vi) does not violate any applicable local, state, provincial, national or international law or include any content that would encourage or provide instructions for a criminal offense;

7. Technical Limitation of Liability: To the extent permitted by applicable law, the Contest Administrator is not responsible for incorrect or inaccurate entry of information, human error, technical malfunction, lost/delayed data transmission, omission, interruption, deletion, defect, line failure of any telephone, computer or other network, computer equipment, software or any combination thereof, inability to access the Contest web page, or the MusIQ HomeSchool Site, for problems uploading any Entries, or for late, lost, damaged, misdirected, incorrect, incomplete, delayed, garbled, stolen or inaccurate Entries or for any other problems or errors related to the Contest.

The Contest Administrator reserves the right to review all Entries received during the Contest Period and to use Entries on the Contest Site that conform to these Official Rules, as determined by the Contest Administrator in its sole discretion (Eligible Entries).

Entries that do not comply with these Official Rules as determined by the Contest Administrator, in its sole discretion, will be subject to disqualification from the Contest.

8. Determining the Grand and Second Prize Winners: At the end Contest Entry Period, all eligible entries received will be judged by a panel of representatives (Judging Panel) chosen by the Contest Administrator. The Judging Panel will rank each Eligible Entry based on the following judging criteria; 1) Creativity and Originality and 2) Overall Impression of Entry.

The Judging Panel will determine the top (6) Eligible Entries, of which the top entry will be the Grand Prize Winner. The Judging Panel’s decisions are final and binding in all matters relating to the Contest. In the event fewer than six (6) Entrants enter and/or comply with these Official Rules, Adventus Inc. reserves the right to extend the Contest Period.

The Grand and Second Prize Winners Entries will be named on the Contest Site on or about September 25, 2009. Designation as the Grand and Second Prize Winner is subject to verification of Entrants continued eligibility and compliance with these Official Rules. Contest Administrator’s decisions are final and binding in all matters relating to this Contest, including interpretation and application of these Official Rules.

9. Prizes:

One (1) Grand Prize (Approximate Retail Value: $1,000 USD): Lifetime MusIQ HomeSchool Software License (Winner will receive one copy of all current MusIQ HomeSchool software titles on CD); seven Lesson Plans books; M-Audio Keystation 88ES (88 full-sized, velocity sensitive, semi-weighted keys & USB connection); Prodipe VE instrument synthesis

Five (5) Second Prizes (Approximate Retail Value: $840 USD each): 3-year MusIQ HomeSchool Subscription; seven Lesson Plans books; MIDI Piano Keyboard – M-Audio KeyRig 49 (49 full-sized, velocity sensitive keys & USB connection); Prodipe VE instrument synthesis

Fulfillment/shipping of the Prizes is subject to the laws/restrictions of a Prize Winner’s jurisdiction of residence. Prizes are non-transferable; no substitutions or cash awards allowed. Except where prohibited by law, all federal, state, provincial, country or other tax liabilities are the responsibility of the Entrant.

Prizes are awarded as is and any and all guarantees and warranties for merchandise prizes are subject to the manufacturer’s terms and conditions, and each Prize Winner agrees to look solely to such manufacturer for any such warranty or guarantee claim except as otherwise provided by law.

Total ARV of all prizes to be awarded: $5,200 USD.

Prize Winners are responsible for any costs and expenses associated with prize acceptance and use not specified herein as being provided. All details of any prize not specified herein shall be determined solely by the Contest Administrator. All prizes will be shipped to the delivery address specified by the Prize Winner in his/her Entry Form (or as agreed by Adventus Inc.).

10. Prize Limitations: Limit one (1) Grand Prize and five (5) Second Prizes. Any Entrant is also only eligible to receive one Prize.

11. Notification of Prize Winners: Prize Winners will be notified of their selection via phone and/or email on or about Jan 22, 2010. If the Prize Winner is found not to be eligible or not in compliance with these Official Rules, the Prize Winner may be disqualified and the Judging Panel will determine who will be selected as the alternate Prize Winner. In the event that a potential Prize Winner is disqualified for any reason, Adventus Inc. may, in its sole discretion, award the prize to an alternate Entrant even if the disqualified Prize Winner’s name or Entry may have been shown or announced online.

12. Ownership of Entry Rights: By entering the Contest, and to the extent allowed by law, Entrants grant the Contest Administrator a non-exclusive, perpetual, royalty-free license to edit, modify, rearrange, add to, delete from, copy, reproduce, translate, adapt, publish, exploit, and use the Entries themselves and the content of, and elements embodied in the Entries, including any names, locations, in any and all media, in any language, throughout the world, in perpetuity, and in any manner, for trade, advertising, promotional, commercial, or any other purposes without further review, notice, approval, consideration, or compensation to Entrant or any third party. To the extent permitted by law, each Entrant waives and releases Adventus Inc., from and agrees to not exercise against Adventus Inc., any and all claims that each Entrant may now or hereafter have in any jurisdiction based on moral rights or droit moral or unfair contest with respect to Adventus Inc.’s exploitation of Entries without further notification or compensation to Entrants of any kind. Each Entrant unconditionally and irrevocably consents to any act or omission by the Adventus Inc. that would otherwise infringe his/her moral rights and present and future rights of a similar nature conferred by statute anywhere in the world whether occurring before or after this consent is given, and agrees not, unless there as been any use of an Entry or any derivative works thereof in a manner contrary to these Official Rules, to instigate, support, maintain, or authorize any action, claim, or lawsuit against Adventus Inc. or any other person in connection with this Contest, on the grounds that any use of any Entry or any derivative works thereof, infringe or violate any rights of any Entrant and/or any participant therein. For the avoidance of doubt, the Entrants agree to the publication of their Entries.

13. Rights of Publicity: By entering the Contest, except where prohibited by law, each Entrant agrees that Adventus Inc. shall have the right and permission to use and announce the name, picture, biographical data, photograph, testimonial, or other likeness and/or prize information or personal exposition (and/or any edited portion thereof), and/or any information contained in his/her Entry for promotional, advertising, publicity, and/or other contest purposes in relation to the Contest, in any media, now or hereafter known, including but not limited to digital and electronic media, computer, audio, and audiovisual media, throughout the world, in perpetuity.

14. Limitations of Liability: Except where prohibited by law and to the extent that the negative consequences described below are the foreseeable result of matters within Adventus’ reasonable control and are the direct consequence of negligence or default by any of them, Adventus is not responsible for any incorrect or inaccurate entry of information, human error, technical malfunction, lost/delayed data transmission, omission, interruption, deletion, defect, line failure of any telephone, computer or other network, computer equipment, software or any combination thereof, inability to access the MusIQ HomeSchool Site, for the inability to upload or download any Contest-related materials from the Contest Site, or for late, lost, damaged, misdirected, delayed, garbled, inaccurate, stolen, incorrect or incomplete Entries or votes.

EACH ENTRANT ACCEPTS THE CONDITIONS STATED IN THESE OFFICIAL CONTEST RULES, AGREES TO BE BOUND BY THE DECISIONS OF THE CONTEST ADMINISTRATOR, WITHOUT PREJUDICE OF ANY CLAIM THAT COULD BE FILED BEFORE THE COURTS, WARRANTS THAT S/HE IS ELIGIBLE TO PARTICIPATE IN THIS CONTEST, AND AGREES EXCEPT TO THE EXTENT THAT ANY PERSONAL INJURY OR DEATH IS CAUSED BY THE RELEASED PARTIES’ NEGLIGENCE OR BREACH OF THESE OFFICIAL RULES AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THAT THE RELEASED PARTIES SHALL NOT BE RESPONSIBLE FOR ANY CLAIMS, LOSSES, LIABILITY, AND DAMAGES OF ANY KIND (INCLUDING REASONABLE ATTORNEYS FEES AND EXPENSES), ASSERTED AGAINST ANY OF THEM, INCURRED, SUSTAINED, OR ARISING IN CONNECTION WITH THE USE, ACCEPTANCE, OR MISUSE OF ANY ENTRY MATERIAL, OR WHILE PREPARING FOR, PARTICIPATING IN, AND/OR TRAVELING TO OR FROM ANY CONTEST-RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON OR PROPERTY, OR FROM THE RESPECTIVE ENTRANT’S BREACH OF ANY AGREEMENT OR WARRANTY ASSOCIATED WITH THE CONTEST, INCLUDING THESE OFFICIAL CONTEST RULES. ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF THE LAW AND, SHOULD SUCH AN ATTEMPT BE MADE, THE CONTEST ADMINISTRATOR AND EACH OF THEIR LICENSEES RESERVE THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR ANY SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. NOTWITHSTANDING THE REVIEW OF ANY ENTRY BY THE CONTEST ADMINISTRATOR, EACH ENTRANT UNDERSTANDS AND AGREES TO BEAR SOLE LIABILITY FOR THE CONTENTS OF HIS/HER ENTRY AND AGREES TO REIMBURSE THE RELEASED PARTIES FOR ANY DAMAGES AND/OR COSTS INCURRED AS A RESULT OF A THIRD PARTYS CLAIM OR DEMAND RELATING TO THE CONTENT OF HIS/HER ENTRY., EXCEPT AND TO THE EXTENT THAT ANY SUCH CLAIM OR DEMAND RELATES TO USE IN THE ENTRY OF CONTENT TAKEN FROM THE MEDIA KIT OR PARTNER ASSETS.

15. General Conditions: The Contest Administrator decisions are final and binding in all matters relating to this Contest, including interpretation and application of these Official Rules, without prejudice of any claim that could be filed before the court. In the event of a dispute as to the identity of an Entrant based on an e-mail address, the Entry in question may be disqualified in the Contest Administrator sole discretion. The Contest Administrator reserve the right, in their sole discretion, to disqualify any individual found tampering with the entry process or entry materials or otherwise interfering with the proper administration of the Contest or violating these Official Rules and void all associated Entries. The Contest Administrator may cancel, modify, or suspend the Contest (or portion thereof) due to a force majeure event or any other event beyond the Contest Administrator’s reasonable control. In the event of termination, Contest Administrator reserves the right, at its sole discretion, subject to the approval of the RACJ in Quebec, to determine the Winners from among all non-suspect, eligible Entries received up to time of such action using the judging procedure set forth herein. Each Entrant hereby acknowledges and agrees that the relationship between the Entrant and the Contest Administrator is not a confidential, fiduciary, exclusive, or other special relationship, and that the Entrants decision to submit an Entry in connection with this Contest does not place the Contest Administrator in a position that is any different from the position held by members of the general public with regard to elements of the Entry, other than as set forth in these Official Rules.

16. Personal Data: Personal information collected from Entrants will be used in accordance with the Adventus Internet Privacy Policy at http://www.adventus.com/policies/ and in addition as otherwise set out in these Official Rules for the purpose of administering this Contest. Each Entrant expressly agrees to the use of his/her personal information for such purpose. Adventus Inc. will not sell, share, or otherwise disclose information collected in any manner with third parties, other than those parties necessary to fulfill the above purposes. Entrants have a right of access to modification and withdrawal of their personal data. To exercise such right, an Entrant may write to Adventus Inc.

17. Choice of Law: This Contest is governed by the laws of Canada and is subject to all applicable federal, state, provincial and local laws. Any and all legal actions or claims arising in connection with this Contest must be brought in a court of competent jurisdiction in Halifax, Nova Scotia, Canada.

18. Country Specific Notices: If any provision of these rules is invalid under the law, rules or regulations of a particular country, it will only apply to the extent permitted. In addition to the tax liability disclosures in these rules, Contest Winners are subject to abide by the income reporting and, if applicable, the payment of any taxes due per the laws, rules and regulations of the Prize Winner’s country of residence. For Canada: For Quebec, Canada residents only, all legal requirements concerning the Regie des alcools des courses et des jeux shall apply. If a Prize Winner is from Canada he or she may be required in writing to assign any copyright to the applicable Contest Entity. Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Regie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of a prize may be submitted to the Regie only for the purpose of helping the parties reach a settlement.

19. Contest Winners: On or about September 25, 2009 the names of the Prize Winners will be posted on the Contest Site.

© 2009 Adventus Inc. All rights reserved. These Official Rules may not be copied, edited or used for any other purpose, commercial or otherwise without the express written consent of Adventus Inc.

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