brainTivity Official Rules 1. CHALLENGE DESCRIPTION The brainTivity Challenge consists of an “Online Game” whereby one of the existing brainTivity games is selected and offered as a Challenge for a fixed period of time. The time period is defined from a set start date to an end date, where time is identified local to each Participant. Participants are able to Register and Play for free within the Challenge period. The Online Game and related Challenges collectively are referred to as the "Game" in these Official Rules. Void where prohibited. As set out more fully elsewhere in these Official Rules, there is only one (1) way to play the Game: A. Online Game (the "Online Game"). Once a Game Participant completes Registration the Participant may access the Game Console to view the available Challenge Games. Participants can Play any of the available Challenge Games once a day for the duration set out for the specific Challenge. The winner and top ranking Participants are identified by the highest single Game score. For greater clarity, Game scores are NOT accumulated during the period of the Challenge; only a single Game Play is required to qualify for the Prize. 2. WHO IS ELIGIBLE TO PLAY brainTivity Challenges are open to residents of the U.S. and Canada who are eighteen (18) years of age or older as of the date they joined the Challenge; Prizes open to residents of the U.S. and Canada who are eighteen (18) years or older as of the date they joined the Challenge. Persons in any of the following categories are NOT eligible to participate or win or use a Prize in the Game: (a) any person who, on or after February 1, 2009, was or is a director, officer, employee, agent or franchise owner of any one or more of the following Game entities (collectively, the "Game Entities"): the Sponsor, brainTivity, Inc or of any one or more of the Game Entities' respective divisions, parents, subsidiaries, franchisees or affiliated companies, advertising and promotion agencies, representatives, service agencies, or independent contractors; (b) employees, directors or officers of brainTivity, Inc. and its subsidiaries; (c) any individual engaged in the development, production or distribution of materials or Prize supply for the Game; and (d) any person who is or purports to be an immediate family member (defined as spouse, dependent for federal income tax purposes, or step-, biological or adoptive mother, father, sister, brother, daughter or son) of, or who resides in the same household as, any person in any of the preceding categories. Note: The transfer of Game Stamps, Game Pieces and Codes, as defined in Rules 3 and 4 below, (individually a "Game Material" and collectively "Game Materials"), by an ineligible person to a Participant is strictly prohibited, except that a Participant who is under the age of eighteen (18) can transfer Game Materials to his/her parent/legal guardian but only for the purpose of playing the Online Game. 3. HOW TO PARTICIPATE IN A CHALLENGE No purchase is necessary to play the Challenge. Purchase will not improve your chances of winning. (i) Technical Requirements. A valid email address, and a computer with Internet access and the following minimum requirements are required to participate. Minimum Adobe Flash version 9.0.28. JavaScript must be enabled on the browser. Browsers: On PC IE6, IE7, IE8, Google Chrome, Firefox 2 and Firefox 3. On Mac: Firefox 3 and Safari 4. The Game is optimized for use with a 1024 x 768 screen resolution. Screens larger than 1024 x 768 will show more space around the board. Using a screen resolution lower than 800 x 600 may result in you not being able to play the Game. The Game cannot be played via mobile devices with Internet connections. Note respecting Official Website and Game Access: If a Participant does not have immediate Internet access, the Participant may choose to inquire in his/her locality about where and how that access can be obtained. The Sponsor understands that many public libraries in Canada do offer Internet access on terms adopted by each such library facility. If a Participant participates from a public computer, he/she should not check "Remember Me" as part of his/her Registration. Once a Game Participant completes Registration the Participant may access the Game Console to view the available Challenge Games. Participants can Play any of the available Challenge Games once a day for the duration set out for the specific Challenge. The winner and top ranking Participants are identified by the highest single Game score. For greater clarity, Game scores are NOT accumulated during the period of the Challenge; only a single Game Play is required to qualify for the Prize. (ii) How to access the Game. (a) Visit the Official Website. First, a Participant should access the Official Website. You will be required to enter a valid email address and check the box to confirm you are eighteen (18) years of age or older. Then, complete Registration (See Rule 4A).*** Online Survey: From time to time throughout the Game, you may see a screen pop up that invites you to participate in a survey. The "Survey" is a series of general questions aimed at helping the Sponsor learn what you think about the Sponsor, the Sponsor's products and the Sponsor's promotions. Accepting the Sponsor's invitation to participate in the Survey will not affect your Game Play in any way and it will not improve your chances of winning a Prize in the Game. (iii) Conditions/Limitations Applicable to the Game. There is a limit of one (1) Registration/My Account (see "My Account" explanation below) per person and/or email address. If Sponsor finds that any Participant has attempted or is attempting to secure more than one Registration by using different names, addresses, email addresses, or is using any device or artifice to circumvent these Official Rules, that Participant will be disqualified from participating in the Online Game and ALL of that Participant's online plays including potential winning or winning plays will be forfeited. My Account: When you register for the Online Game, a "My Account" will be created for you. The My Account will contain your online play activity record including, but not limited to how you rank within each available Challenge. The preferences you selected when you registered will also be maintained in your My Account. You can access your My Account by clicking on the Sign In link on the Official Website landing page and inputting your email address and password. When you view your My Account page, by following the directions, you will be able to change your personal preferences but you will not be able to change your play activity record. While reasonable efforts will be made to record, maintain and keep current the information in your My Account, due to technical or other problems, errors or failures, the information may not always be current and accurate; and the Sponsor accepts no responsibility or liability for any resulting misinformation or delay in displaying information. Passwords: You are solely responsible for the security of your email address and password. You should take precautions to keep your password private to prevent unauthorized use. Neither the Sponsor nor any other person or entity will be responsible for any losses, damages or consequences you may suffer due to careless or unauthorized use of your password. 4. PRIZES AND PRIZE LIMITATIONS, CHANCES OF WINNING ("Odds") Prizes in the Online Game as described herein are available to be won in the Canada and the U.S. The odds of winning any Prize in the Online Game depend on the Winning Score and Top Ranking Scores, where applicable. Challenges may define their own Prize structure, which could allow for multiple Prize allocations and a specific award structure. The standard Challenge Prize structure awards a single Prize to the Participant with the highest single Game Score, played within the Challenge period at the conclusion of the Challenge. 5. HOW TO REDEEM/CLAIM A PRIZE/DEADLINES IMPORTANT: In addition to complying in full with these Official Rules, including the Prize claim instructions set out in this Rule 5, a potential winning Participant first must: (a) correctly answer the Skill-Testing Question without assistance of any kind, whether mechanical, electrical, electronic or other; (b) complete and return to The Redemption Center, in a pre-paid envelope (when provided), the Prize Claim Document.. In these Official Rules the Prize Claim Document and the Game Materials collectively are called the "Prize Claim Materials". If the potential winning Participant is a Minor, he/she must have a parent/legal guardian complete the Prize Claim Document (including the Skill-Testing Question which appears in that document and which the Participant must answer correctly without assistance of any kind, whether mechanical, electronic or other). The deadline for claiming a Prize is sixty (60) days after the conclusion of the Challenge. Receipt after that date will invalidate Prize claim and will cause the Prize to be forfeited. By accepting the Prize, each Winner and his/her Guest acknowledge that the Prize is being supplied by, or through, the Sponsor which has the right, in its sole discretion, to substitute a Prize, or any part or parts thereof, of equal or greater value, and acknowledge that the Prize is not subject to the Sponsor's control. The Sponsor is not responsible for any delay, postponement or cancellation, for any reason, of any event(s), forming part of the Prize. If any part or parts of any event is cancelled or postponed, each Winner agrees to accept the balance of the Prize, and as full satisfaction of the Prize in its entirety and agrees that he/she shall have no claim against the Sponsor or any other person in respect of the cancelled or postponed portion of the Prize. 6. GENERAL AND PRIZE RESTRICTIONS PRIZES NOT CLAIMED OR THAT ARE FORFEITED WILL NOT BE AWARDED. Monetary Prizes will be awarded as a cheque, in the funds congruent with the Winner’s country of residence. A Prize is deemed won in the Winner's country of residence. Residents of Canada will be deemed to reside in Canada for purposes of determining Prize currency. No cash alternative or substitution of any non-monetary Prize will be provided (other than as may be expressly provided in the Prize descriptions), except that Sponsor, in its sole discretion, reserves the right to substitute a Prize of equal or greater value if any non-monetary Prize cannot be awarded as described due to unavailability or for any other reason. Prizes will be delivered only to an address in Canada. Any income or other taxes (including, without limitation, federal, Provincial/Territorial, and local income taxes) on or connected with any Prize, and the reporting consequences thereof, are solely the responsibility of the Prize winners. If required by law, Sponsor reserves the right to withhold and remit to the appropriate taxing authorities the amount of any taxes due. Any expenses which are applicable to any Prize, and which are not expressly included in the description of that Prize in these Official Rules are the sole responsibility of the Winner of that Prize. If a potential Prize Winner cannot accept a Prize as stated, that Prize will be forfeited in its entirety. If a winner of a Prize is a Minor, the applicable Prize will be awarded in the name of, or to, the Minor Winner's parent/legal guardian, who must execute all documents and agree to all obligations and undertakings of a potential (or actual) Prize Winner, both on behalf of himself/herself and the Minor, or the Prize will be forfeited in its entirety. Please note that shipping/courier companies may be unable to deliver to a Post Office Box. As a result, Participants must return their completed Prize Claim Materials using Canadian Postal Service mail, or, if provided, use the pre-paid envelope included with the Prize Claim Document. The mailing of Prize Claim Materials, or the use of the pre-paid envelope provided in the Redemption Package, does NOT constitute proof of actual delivery of the Prize Claim Materials to The Redemption Center and does NOT constitute proof of actual receipt by The Redemption Center of the Prize Claim Materials. When Participants send Prize Claim Materials by mail, it is strongly recommended that they use registered mail. When Participants send Prize Claim Materials to The Redemption Center, whether by mailing or in the pre-paid envelope provided in the Redemption Package, as the case may be, in accordance with the requirements contained in this paragraph, it is strongly recommended that they obtain insurance for the Prize Claim Materials. Proof of mailing, or if applicable, transmission in the pre-paid envelope provided in the Redemption Package of Prize Claim Materials does not constitute proof of receipt by The Redemption Center of those Prize Claim Materials. Prior to mailing Prize Claim Materials (or, if applicable, returning Prize Claim Materials using the pre-paid envelope provided), Participants should photocopy for their records all Prize Claim Materials being submitted, including without limitation the signed and completed Prize Claim Document. 7. VERIFICATION In the event of a dispute as to the identity of an online Participant, the online entry in question will be deemed submitted by the authorized account holder of the email account from which it was sent. The "authorized account holder" shall be the natural person to whom the applicable email address has been assigned by the Internet access provider, service provider, or other online organization responsible for assigning email addresses for the domain associated with the submitted email address. A potential winning Participant may be requested to provide the Sponsor with proof that the potential winning Participant is the authorized account holder of the email address associated with the winning entry. If a dispute cannot be resolved to the Sponsor's satisfaction, the Participant will be deemed ineligible. Subject to the provisions of these Official Rules, if any potential Prize Winner (or in the case of a Minor, such Minor's parent or legal guardian) fails or refuses to properly sign and return the Prize Claim Materials by the redemption deadline or if the Prize is declined or if the Prize Claim Document is returned as unclaimed or undeliverable to any potential Prize Winner or if the potential Prize Winner is ineligible or does not correctly answer or fails to answer the skill-testing question, such potential Prize winner will be disqualified, in which case he/she will forfeit his/her Prize and will have no further claim against the Sponsor or any other person in respect to the Prize or the Game. If the Sponsor so elects, a potential Prize Winner may be required to submit to, and by playing the Game agrees to fully cooperate in, a confidential background check to confirm eligibility and to help ensure that the use of any such person in advertising or publicity for the Game will not bring the Sponsor into public disrepute, contempt, scandal or ridicule, or reflect unfavorably on the Game or the Sponsor as determined by the Sponsor in its sole discretion. If a Prize Winner makes any false statement in any document related to the Game, the Winner will be required to promptly return to the Sponsor upon demand the Prize(s) or, at the Sponsor's option, the cash equivalent of the Prize(s) based on the ARV as stated in these Official Rules. 8. TRANSFERS A potential winning Participant may not transfer the Prize, unless authorized in writing by The Redemption Center before the transfer is made. Such authorization may be granted or withheld in the Sponsor's sole discretion. Any Participant must make any request for such authorization in writing and must sign and return the request to The Redemption Center in the Pre-paid envelope provided to the Participant by The Redemption Center for the return to The Redemption Center of the Prize Claim Materials. 9. GENERAL RELEASE AND CONDITIONS OF PARTICIPATION. Participants assume all risk of loss, damage, destruction, delay and misdirection of Prize Claim Materials and are advised to obtain insurance. The Sponsor is not responsible for illegible, misdirected, late, lost, damaged, stolen, or any postage-due submissions of Prize Claim Materials (or for any submissions which are sent on a ‘collect' basis), which may be judged void; for any damage to a Participant's computer system or wireless device which is occasioned by accessing the Official Website, by participating in the Online Game, or by redeeming or attempting to redeem an Online Prize; for lost, interrupted, inaccessible, incompatible or unavailable networks, servers, satellites, Internet Service Providers, wireless carriers, web sites (including the Official Website), or other connection; for availability or accessibility problems arising in connection with or over the course of the Game; for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions, or hardware or software malfunctions, failures or difficulties; for any technical malfunctions, failures, or difficulties, printing errors, clerical, typographical or other error(s) in any materials connected to the Game including, without limitation, in any Games, Game Console, Prize Claim Document, the offering or announcement of any Prize or in any Prize notification or email or letter; for any errors of any kind, whether human, mechanical, clerical, electronic, or technical in nature; or, for the incorrect or inaccurate capture of information, or the failure to capture any information. Proof of mailing or of transmission or of attempted transmission of Game Materials and/or Prize Claim Documents does not constitute proof of delivery of the Game Materials/Prize Claim Documents. Game Materials and Prize Claim Materials submitted become the property of the Sponsor and will not be returned. By participating in the Game and redeeming a Prize, each Prize Winner (or, if applicable, each Minor Winner's parent or legal guardian) hereby releases and agrees to hold the Game Entities and every director, officer, employee, agent or franchise owner of any one or more of the Game Entities and the Game Entities' respective divisions, parents, subsidiaries or affiliated companies, advertising and promotion agencies, representatives, service agencies, or independent contractors harmless from and against any and all costs, injuries, losses or damages of any kind, including, without limitation, death, bodily injury, and property or other damage or loss, due in whole or in part, directly or indirectly, to participation in the Game or in any Game-related activity, or participation in any Prize-related activity or activities, or due in whole or part to the receipt, use or misuse of any Prize. Participants waive the right to assert as a cost of winning any Prize, any and all costs of verification and redemption or travel to redeem said Prize and any liability and publicity which might arise from redeeming or seeking to redeem said Prize. By submitting Prize Claim Materials, except where legally prohibited, each verified Winner (or each Minor Winner's parent or legal guardian) hereby agrees and grants the Game Entities the right, but not the obligation, to use his/her name, voice, and likeness, along with his/her address (city/town and Province/Territory) and any statements made by or attributed to such Winner in any and all media (including the Internet), now known or hereafter devised, in perpetuity and throughout the universe for advertising and promotional purposes in connection with the Game and other promotions without further notice, review, approval or compensation, and releases the Game Entities and all directors, officers, employees, agents and franchise owners of one or more of the Game Entities and the Game Entities' respective divisions, parents, subsidiaries or affiliated companies, advertising and promotion agencies, representatives, service agencies, or independent contractors from any liability with respect thereto. 10. MISCELLANEOUS A. Disqualification. It is each Participant's responsibility to ensure that he/she has complied in full with all of the conditions and requirements contained in these Official Rules The Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or with the operation of the Game, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the apparent intent to disrupt or undermine the legitimate operation of the Game, or to annoy, abuse, threaten or harass any other person. The Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. B. Force Majeure/Printing and Production Errors. Subject to any governmental approval which may be required, the Sponsor reserves the right, without prior notice and at any time, to terminate the Game, in whole or in part, or modify, suspend or extend the Game in any way, if it determines, in its sole discretion, that the Game is impaired or corrupted or that fraud or technical problems, failures or malfunctions (including, without limitation, computer viruses, glitches, or printing or production errors) have destroyed or severely undermined the proper play, integrity, and/or feasibility of the Game. In the event the Sponsor is impeded or prevented from continuing with the Game as planned or intended by any event beyond its control, including, but not limited to fire, flood, natural or manmade epidemic or health hazard or crisis, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), any federal, Provincial, or local government law, order, or regulation, public health crisis, the order of any court or jurisdiction, or by any other cause not reasonably within the Sponsor's control, then subject to any governmental approval which may be required, the Sponsor shall have the right to modify, suspend, extend or terminate the Game. Subject to the provisions of these Official Rules, only the type and quantity of Prizes described in these Official Rules will be awarded in the Game. If, due to printing or production errors or for any other reason whatever, the number of potential Prize Winners coming forward seeking to claim Prizes exceeds the number of each type of Prize as set out in these Official Rules, the Prize Winners, or remaining Prize Winners, as the case may be, of the number of Prizes described in these Official Rules as being available in the Prize category in question, in the sole discretion of Sponsor, may be selected in a random drawing from among all persons making purportedly valid claims for such Prize(s). Inclusion in such drawing shall be each Participant's sole and exclusive remedy under such circumstances. C. Invalidity. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Headings and captions are used in these Official Rules solely for ease of reference, and shall not be deemed or considered to affect in any manner the meaning or intent of these Official Rules or any provision hereof. These Official Rules cannot be modified or amended in any way except in writing by a duly authorized representative of the Sponsor. Subject to the provisions of these Official Rules, employees of the Sponsor, or of any of its franchisees, are not authorized to modify, amend or waive these Official Rules. D. Governing Law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations as between one or more Participants and the Sponsor in connection with the Game shall be governed by and construed and interpreted in accordance with the internal laws of the Province of Ontario, Canada, including the procedural provisions of those laws, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction's laws. All Participants, the Sponsor, and all other parties hereby attorn to the jurisdiction of the courts of that Province, sitting in the City of Toronto, Ontario, in respect of the determination of any matter or dispute arising under or in respect of the Game or these Official Rules and agree that any such determination shall be brought solely and exclusively before such courts in the Province of Ontario. E. Language Discrepancy. In the event there is a discrepancy or inconsistency between the English language version and the French language version of these Official Rules or of any Game Materials or Prize Claim Documents, the English version shall prevail, govern and control. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Game Materials or Prize Claim Documents or advertising or other publicity or materials concerning the Game and the provisions contained in these Official Rules, the provisions in these Official Rules shall prevail, govern and control. F. Quebec Residents. RESIDENTS OF THE PROVINCE OF QUEBEC MAY SUBMIT ANY LITIGATION RESPECTING THE CONDUCT OF THIS PUBLICITY CONTEST 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. 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