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TERMS AND CONDITIONS OF THE ACADIAN PASSPORT, DESTINATION: RESOLUTIONS PROMOTION OF THE ACADIAN PASSPORT PROGRAM

TICKET COUNTERS PARTICIPATING IN THE PROMOTION

1. The Acadian Passport, DESTINATION: RESOLUTIONS promotion (hereinafter referred to as the “promotion”) of the Acadian Passport Program of Acadian (“the program”) is available at ticket counters designated by Acadian Inc. (“Acadian”). The use of the www.acadianbus.com/passport Web site (hereinafter referred to as the “Web site”) is subject to the program rules. The DESTINATION: RESOLUTIONS promotion starts on November 30, 2009, and ends on January 31, 2010. The game codes included in ticket folders identified as DESTINATION: RESOLUTIONS will be valid from 12 midnight November 30 to 11:59 p.m. January 31 2010.


ELIGIBILITY
2. The promotion is open only to residents of New Brunswick, Prince Edward Island, Nova Scotia aged nineteen (19) years or older. Organizers may at any time require proof of age and residence.

3. The promotion is not open to the employees, representatives and agents of Acadian, of its advertising agencies and of its promotional or contractual partners, nor to their immediate family members (i.e., mother, father, brothers, sisters, sons, daughters, spouses).


ENTERING THE PROMOTION

4. To enter the promotion, a customer must become a member of the Acadian Passport Program via the Web site and satisfy the program rules. Registering in the program is free and no initial purchase is required. Simply completely and accurately fill in a program registration form found on the Web site (www.acadianbus.com/passport). Once the form has been filled in, the member has an Acadian Passport user account at Acadian (hereinafter referred to as the “user account”).

PRIZES FOR THE ACADIAN PASSPORT PROMOTION:

5. The following prizes will be awarded from all valid game code entries received between November 30, 2009, at midnight, and January 31, 2010, at 11:59 p.m. (Eastern Time)

DRAWS and INSTANT PRIZES

Grand Prize*

A 42 inch LCD television

A maximum value of $1000

* Prize is non exchangeable and non transferable. Acadian reserves the right to substitute another prize of its choosing. Prizes are not redeemable for cash.


6. Between November 30, 2009, at midnight, and January 31, 2010, at 11:59 p.m. (Eastern Time), 1 out of the 60,000 codes issued and distributed as part of the Acadian Passport Program will be winners. By entering a winning game code in the designated section of the user account, the program member will instantly know whether he has won one of the grand prizes and will receive confirmation of this as stipulated in the program rules and must comply with the terms and conditions of acceptance of the prize, which will be sent to him via e-mail.

If, by February 1st, 2010, at 12:01 a.m. (Eastern time), one or more winning game codes have not been entered in the Program Web site, random draws from all valid entries from the program Web site during the promotion will take place to choose winners for the non-validated codes, on February 3, 2010, at 3:00 p.m. (Eastern time), at Brain Intelligence Marketing, 55 Mont-Royal Ave. West, Suite 902, Montreal, Quebec, H2T 2S6.

The winner of a prize will be informed by e-mail and will have to confirm acceptance of the prize within two (2) days. If a winner cannot be reached by e-mail or does not accept the prize before this date, he will not receive any compensation. Another winner will then be selected.

Instant prizes*

5 Playstation 3

A maximum value of $300

2 high definition camcorders

A maximum value of $450

2 Blu-Ray players

A maximum value of $250

* Prize is non exchangeable and non transferable. Acadian reserves the right to substitute another prize of its choosing. Prizes are not redeemable for cash.

200 $10 discounts applicable on the Acadian electronic ticket system.Applicable on any transaction of $30 or more for the purchase of a ticket on the Acadian online ticket system for a trip on its system.
A $10 value

7. Between November 30, 2009, at midnight (Eastern time), and January 31, 2010 (Eastern time), 60,000 ticket folders will be issued and distributed as part of the Acadian Passport Program. These folders have a total of 209 winning game codes to win the instant prizes for the Acadian Passport promotional component. By entering a winning game code in the designated section of the user account, the program member will instantly know whether he has won one of the grand prizes and will receive confirmation of this as stipulated in the Program rules.


The winner shall comply with the terms and conditions for accepting prizes, which will be sent to him by e-mail.

Winners of prizes other than Acadian gift codes will have to confirm the acceptance of their prize by e-mail within two (2) days. If a winner cannot be reached by e-mail or does not accept the prize before this date, he will not receive any compensation. Another winner will then be selected.

8. The prizes won may be sent to one of the Acadian Express Courier counters (located closest to the winner’s home), by regular mail or by CanadaPost Xpresspost, at the discretion of Acadian. Winners whose prizes are sent by Acadian Express Courier shall be informed by the counter of the arrival of their prizes and can then claim them within fifteen (15) days after the package has been received at the Acadian Express Courier counter.

9. If a winner does not claim his prize at the place designated by Acadian (postal counter or Acadian Express Courier counter) within the period appearing in these rules, the prize shall be returned to Acadian, and Acadian can dispose of it at its own discretion.

10. Organizers reserve the right to reject any incomplete registration or a registration containing human or mechanical error, and draw another entry form.

11. To be declared a winner, the participant whose entry form has been selected in a random draw must answer a mathematical skill-testing question and respect the terms and conditions of entry and eligibility stipulated in these rules. Should one or more of these terms and conditions not be respected, the participant shall be disqualified, and another draw shall take place to choose a new winner.

12. It may take up to forty-five (45) days to receive a prize.


LIMITATIONS OF LIABILITY:

The Orléans Express group, Acadian division, its subsidiaries and authorized representatives assume no liability for any technical problem or technical defect whether it results from the following circumstances or is related thereto, which could affect or interrupt the running of the Web site or telephone systems: failures, without any limitation, of hardware or software; computer, telephone, cable, satellite, network or defective electronic component, problems of connectivity, the Internet or online communication; errors or restrictions from Internet service providers, servers, mainframes or telephones; unintelligible, garbled or defective data transmissions; problems in sending or receiving e-mail, messaging or telephone messages; intercepted, slow, late or lost messaging or e-mail; inaccessibility of the Web site or telephone system in full or in part, for any reason whatsoever; congestion on the Internet or on the Web site or telephone lines that prevents the game codes from being entered; unauthorized actions, human or otherwise, in running the Program, including, but not limited to, human error, unauthorized trafficking, piracy, fraud, theft, viruses, bugs and worms, or destruction of any part of the program or program data, including, but not limited to trafficking or piracy of telephone lines, or loss, calculation errors, erroneous instructions, inaccessibility or unavailability of an account used as part of the Program. The Orléans Express group, Acadian division, its subsidiaries and authorized representatives shall in no way be held liable for any bodily injury or any material loss or damage of any kind, which could arise from the user’s computer equipment or that of any other person after participating in the Program, or in using or downloading any information from the Web site. Use of the Web site is at the risk of the user. WITHOUT LIMITING THE SCOPE OF THE PRECEDING, ALL ITEMS ON THE WEB SITE ARE PROVIDED “AS IS”, WITHOUT ANY GUARANTEE OF ANY KIND, IMPLICIT OR EXPLICIT, INCLUDING, BUT NOT LIMITED TO IMPLICIT WARRANTIES OR MERCHANT QUALITY WARRANTIES, ADAPTION FOR A SPECIFIC USE, OR ABSENCE OF COUNTERFEITNG.

The Orléans Express group, Acadian division, its subsidiaries and its authorized representatives provide no representations or guarantees of any nature whatsoever regarding the appearance, safety or performance of any prize or item obtained as part of the Acadian Passport Program. Participants assume all risks of loss or damage related to a prize or item obtained as part of the Program after delivery thereof.


TERMS AND CONDITIONS OF THE ACADIAN PASSPORT PROGRAM

TICKET COUNTERS PARTICIPATING IN THE PROGRAM


1. The Acadian Passport Program (“the program”) is available at ticket counters designated by Acadian Group (“Acadian”). The use of the www.acadianbus.com/passport Web site (hereinafter referred to as the “Web site”) is subject to the program rules.


REGISTRATION IN THE PROGRAM

2. To enter the program, a customer must become a member. Registering in the program is free and no initial purchase is required. Simply completely, accurately and legibly fill in a program registration form found on the Web site. Once the form has been filled in, the member has an Acadian Passport user account at Acadian (hereinafter referred to as the “user account”).

3. Customers can only obtain a single user account per person.

4. The user account is the property of Acadian and the right to use it may be revoked at any time by Acadian at its sole discretion.

5. Each program user account has a user profile section. The user profile must be duly completed by the user and kept up to date.

6. Program members must inform Acadian immediately of any change in their personal information, in particular their name, address, telephone numbers and e-mail, by filling in the electronic entry form for the program.

7. Acadian reserves the right to refuse to open a user account for any customer who does not respect the established registration procedures.

8. Program participants must enter their Acadian Passport user name and password to enter program activities and obtain bonuses. Any unauthorized use of an Acadian Passport user profile, Web site or any other program material could result in legal proceedings and cancellation of the Acadian Passport user profile.

9. The user account is only available to individuals. It is not available to firms, companies, charity organizations, partnerships, businesses or any other entity unless Acadian, at its sole discretion, has sent its written approval ahead of time.


TO PARTICIPATE IN THE ACADIAN PASSPORT PROGRAM

10. To participate in the program after registering, a member must receive a valid game code from a printed matter given on board an Acadian bus, on boarding platforms at participating locations, on the Web, or at one of the designated ticket counters.

11. Each game code represents a right to participate in a given activity on the program activities calendar. The activity calendar is available at any time on the Web site.

12. For specific promotions from Acadian and/or partners participating in the program, the user account may enable a member to enter additional draws or secured activities (or to be eligible for other rewards, prizes or benefits), as shown on the activities calendar.

13. By entering a game code in the specific user account section, the program member will immediately know whether he has won an instant prize or if he is entered in a contest. If the member wins an instant prize, he will receive an e-mail confirming his winner status. If the member does not win an instant prize, he will not receive an e-mail. Should the system not work properly or should technical problems occur when validating a game code, the Telephone Support Centre (1-888-548-3977), must be informed immediately of any irregularities and of the context in which they occurred.

14. The program benefits are cancelled when a program member’s registration has been cancelled or revoked.

15. Should a program member not validate his game pieces for twelve (12) consecutive months, the member’s status shall be deemed inactive, and the user’s account could be suspended or cancelled.

16. The game codes found on Acadian Passport game pieces, and the communications items of Acadian and its partners can be validated on the Web site in order to participate in instant lottery activities and/or to register for draws as specified in the activity calendar.

17. The activity calendar shall be updated each quarter and shall communicate the upcoming activities and activity prize structure.

18. From time to time, and at its sole discretion, Acadian may announce exclusive offers to program members, and make new communication items or new game codes available.

19. Acadian Passport Program game pieces and codes have no monetary value and cannot be exchanged for money. Acadian Passport Program game codes cannot be bought or sold.


CONFIDENTIALITY OF INFORMATION

20. Acadian shall maintain the confidentiality, security and integrity of all personal information collected from Acadian Passport Program members, such as, but not limited to, their name, address, telephone numbers, birthdate and the information on their ticket purchase. This information shall be used to give or validate access to a user account, to communicate with the program member, to better understand his information needs to offer him relevant information, products, services and premiums that meet his needs.

21. From time to time, Acadian may request additional personal information from its program members, information that they will provide voluntarily through questionnaires or other methods. Program member status shall not be affected should a member refuse to provide this extra information.

22. Acadian shall not give, lease or sell its program member list to any organization or person. Acadian shall allow limited and secure access to information on its customers to authorized entities under strict supervision and only with the sole purpose of helping Acadian to process information on its customers. The program member acknowledges that a third party may have access to personal information to process it on behalf of Acadian, on condition that this information remains secure and confidential and is not retained.

23. Program members have the right to know the information that is stored in the member file and have the right to ask for and have corrections made to any erroneous information. A member may have access to his file free of charge. To access a member file, a written request must be sent to the following address: Acadian Passport Program, 55 Mont-Royal, Suite 902, Montreal, Quebec, H2T 2S6. Employees will answer any written requests within a reasonable period. If, for any reason, access to an account is not granted, the member will receive an explanation in writing. Acadian will make all necessary and reasonable corrections to program member files with due diligence.

24. Information on program members is stored in confidential databases at the Acadian head office in Montreal. Access to this information is restricted to authorized personnel of Acadian and its marketing agency.

25. From time to time, Acadian may share offers, information and special services with program members. Any member who does not wish to receive these offers can indicate it on the entry form in the appropriate section. He can also inform the Telephone Support Centre of his decision.The participant hereby acknowledges that his participation in the Acadian Passport Program or in one of the program promotions means that he consents to the use of his name for publicity purposes in identifying the prize winners.


GENERAL INFORMATION

26. The Acadian Passport Program from Acadian shall end on 11:59 p.m. (Eastern Time) on December 31, 2010 (“closing date”).

27. Program members can validate their game codes until March 31, 2011. Acadian’ Acadian Passport game codes shall be rendered null and void as of 11:59 p.m. (Eastern Time) on March 31, 2011. They will no longer be valid after this date.

28. Acadian reserves the right to extend the program to after the closing date, or to terminate the program at any time before the closing date, by announcing its intention of terminating the program 30 days in advance on the Web site, as well as by posting notices on the designated Acadian ticket counters. If circumstances beyond the control of Acadian materially affect the ability of Acadian to continue the program, it may be interrupted or stopped without notice.

29. Acadian may limit, interrupt or change any aspect of the program without notice. Any substantial change to these terms and conditions shall be posted on the Web site as well as the designated ticket counters, and a copy of the terms and conditions will be available upon request.
30. Entering a password and e-mail address on the program registration form means that the program member agrees with all terms and conditions in the program.

31. Acadian shall not be liable for poorly transmitted entry forms or any other problem (such as problems with a server, Internet access or Internet connection), for the impossibility for organizers for any reason, in particular congestion of the Internet or a Web site, or both, of being able to receive or send an e-mail, nor for damages caused to a participant’s computer system or another person by the contest entry material.

32. Any member of the program who abuses his privileges, does not follow the program rules and terms and conditions, or makes a false statement could, at the sole discretion of Acadian, may be expelled from the program.

33. In the event of an interruption or termination of the program for any reason whatsoever, Acadian shall in no way be held liable by its members and shall automatically be released from any claim resulting from said interruption or termination.

34. All measures possible were taken to ensure the accuracy of the information contained in this document. Acadian is not liable for errors or omissions.

35. No delay or omission or waiver by Acadian in exercising its rights or recourse under this program shall be considered a waiver of any other right or recourse.


 
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