CONTEST RULES
1. The “Meet your personal stylist” Contest is held by The Cadillac Fairview Corporation Limited (the “Contest Organizers”). The Contest runs on the Internet from August 23, 2010 at 12:00 a.m. to October 3, 2010 at 11:59 p.m. (the “Contest Period”).
Elegibility
2. The Contest is open to Quebec residents who are 18 or over. Employees, agents and representatives of the Contest Organizers, of any company, corporation, trust or other legal entity controlled by or affiliated to them, of the following four Cadillac Fairview Fashion Centres: Carrefour Laval, Promenades St-Bruno, Galeries d’Anjou and Fairview Pointe Claire (the “Participating Centres”), their advertising and promotional agencies, suppliers of prizes, material and services related to this Contest, as well as members of their immediate family (brothers, sisters, children, father, mother), their legal or common-law spouse and any individuals with whom such employees, agents and representatives are domiciled, are not eligible.
HOW TO ENTER
No purchase necessary
3. Subscribe to the Fashion Centres’ personalized e-newsletter. To enter, you must subscribe to the Fashion Centres’ personalized e-newsletter. To do so, proceed as follows:
3.1 Go to www.fashioncentres.com and on the home page, click on “Register now”. Fill out the electronic entry form (the “Entry Form”) by entering your first name, last name, e-mail address, e-mail address confirmation, province, phone number including the area code, password, password confirmation, gender, age, specify how you heard about the Contest Organizers by using the different options of the scroll-down menu and if you wish to receive information from Cadillac Fairview Shopping Centres on upcoming contests, programs, promotions, and events;
3.2 Select at least one Cadillac Fairview Shopping Centre in Quebec you would like to receive email updates from;
3.3 Enter the characters which must be reproduced for security purposes and click on “Register”;
3.4 Fill out all the required information to create your personalized profile, notably your complete address including the postal code. Once you have completed this step, click on “Next” before the end of the Contest. A thank you page will appear and a confirmation email will be sent. You will then automatically obtain one (1) entry in the Contest.
You may also visit a Participating Centre at the dates and time mentioned hereinafter in order for a Participating Centre’s representative to help you subscribe to Fashion Centres’ personalized e-newsletter, in compliance with sections 3.1 to 3.4 of these Contest Rules.
Studio at Centre Court
Carrefour Laval and Fairview Pointe Claire
September 17, 18 or 19, 2010
Promenades St-Bruno and Galeries d’Anjou
October 1, 2 or 3, 2010
Friday: noon to 9 PM
Saturday: 9 AM to 5 PM
Sunday: 10 AM to 5 PM
4. Already a subscriber of Cadillac Fairview’s e-newsletter at the outset of the Contest. To enter, you must subscribe to the Fashion Centres’ personalized e-newsletter. To do so, you must click on “Answer the questions” in the Contest invitation e-mail received. Fill out all the required information to create your personalized profile, in compliance with section 3.4 of these Contest Rules. Once you have completed this step, you will automatically obtain one (1) entry in the Contest.
5. No purchase necessary. To enter without subscribing to Fashion Centres’ personalized e-newsletter, legibly write an original hand written letter of at least fifty (50) words explaining why you would like to win one of the prizes offered in this Contest, along with your last name, first name, complete address including postal code, phone number including the area code, e-mail address and age. Sign and send your letter in an envelope with sufficient postage to: “Meet your personal stylist” Contest, 1253 McGill College, 3rd floor, Montreal (Quebec) H3B 2Y5, no later than October 3, 2010, postmark bearing proof thereof, otherwise it will be null and void (letters postmarked Monday October 4, 2010 will also be accepted). Following the validation of your letter, you will automatically be registered in the Contest.
6. Limits. Entrants must respect the following limits otherwise they may be disqualified:
6.1 One (1) entry per person for the Contest Period, notwithstanding the entry method used;
6.2 The use of only one e-mail address when an entrant has more than one.
Prizes
7. Four (4) prizes are offered, one (1) prize per Participating Centre. Each prize, of an approximate value of $1,250, consists of the following elements:
7.1 A “Shopping Spree Experience at the Fashion Centres” package which consists of a shopping spree with a personal stylist, of an approximate value of $250, including:
· A 30 minute meeting with your stylist to assess your clothing needs;
· A look-out session by your stylist to make a preliminary selection of clothes in advance;
· A 3 hour shopping session accompanied by your stylist at the Participating Centre;
· A list of the stores visited at the Participating Centre where your package took place.
7.2 $1,000 in Cadillac Fairview shop! card® gift cards. See Schedule A of these Contest Rules or go to www.shops.ca to view the conditions which apply to the gift cards.
8. The following conditions apply to each prize:
8.1 If any portion of the package is not used, for whatever reason, no compensation will be awarded to the winner;
8.2 Choice of stylist is at the sole discretion of the Contest Organizers;
8.3 The package cannot be exchanged for another prize, is non refundable and has no cash value;
8.4 Any fee or expenses not included in the package will be the winner’s responsibility, notably transportation between his/her home and the different venues and personal expenses, as the case may be;
8.5 Subject to what is set forth in these Contest Rules and to availability, the package shall have to be taken, otherwise it will be void, within one (1) year following the draw, except during any period which may be communicated to the winner;
8.6 All arrangements regarding the package must be made by the winner at least fifteen (15) days in advance with a representative of the Participating Centre designated by the Contest Organizers. No modification will be accepted once the arrangements are duly completed.
9. Limit. There is a limit of one (1) prize per person and per household for the Contest Period.
Draw
10. At 10:00 a.m. on October 15, 2010, at the office of the agency in charge of the conduct of the Contest located in Montreal, a random draw of eligible entries will be held among all entries registered and received during the Contest Period in order to award the four (4) prizes described in these Contest Rules, in compliance with the following section.
11. Prizes will be awarded in the order of selection of entries, according to the proximity of the selected entrant’s residence with regards to a Participating Centre (entrant’s postal code), until all four (4) prizes are awarded. Upon the draw, in the case where the prize offered in a specific Participating Centre has already been given away and subsequently, an entry for the same Participating Centre is drawn, the entry will be disqualified and will not give the right to a prize. A new selection would then be conducted until an entry for one of the remaining Participating Centres is drawn.
12. Odds of winning. The odds of an entrant’s entry being selected depend on the number of eligible entries registered and received during the Contest Period.
AWARDING OF PRIZES
13. To be declared a winner, any selected entrant must:
13.1 Be reached by e-mail within fifteen (15) days of the draw. The selected entrant must reply in accordance with the instructions given in the e-mail, as the case may be. Return of an e-mail prize notification as undeliverable will result in disqualification and selection of an alternate entrant;
13.2 Have correctly answered, without help, the mathematical skill-testing question asked by phone or by e-mail, at the sole discretion of the Contest Organizers;
13.3 Fill out and sign a Declaration and Release Form (the “Declaration Form”) that the Contest Organizers will provide him/her by mail, fax or e-mail to the effect that he/she has fulfilled all the requirements of these Contest Rules, and return it to the Contest Organizers for them to receive it within fifteen (15) days of its receipt;
13.4 Upon request and in a timely manner, provide an identification card with photograph.
14. Failure to comply with one of the conditions mentioned in these Contest Rules or to accept the prize will cause the selected entrant to be disqualified. In such a case, the Contest Organizers may, at their sole discretion, cancel the prize or hold a new draw until an entrant is selected and declared a winner. In the event that no entrant has been declared a winner within sixty (60) days following the original draw, the Contest Organizers may cancel the prize.
15. Within two (2) to four (4) weeks following the receipt of the duly completed and signed Declaration Form, the Contest Organizers will contact the winners to provide them with information on how to claim their prize.
GENERAL CONDITIONS
16. Verification. Entry Forms, no purchase requests and Declaration Forms are subject to verification by the Contest Organizers. Any Entry Form, No Purchase Request or Declaration Form which is, as the case may be, incomplete, illegible, mutilated, fraudulent, registered or submitted late, bearing an invalid e-mail address or otherwise noncompliant shall be rejected and will not entitle to an entry or to a prize, as the case may be.
17. Disqualification. The Contest Organizers reserve the right to disqualify a person or to cancel one or several entries of a person who participates or tries to participate in this Contest by using methods that do not comply with these Contest Rules or that are unfair to other entrants (e.g. entries exceeding the authorized limit). Such a person may be reported to the appropriate legal authorities.
18. Conduct of the Contest. Any attempt to deliberately damage the Contest web site and/or any related web site or to sabotage the legitimate conduct of this Contest constitutes a violation of civil and criminal laws. Should there be any such attempts, the Contest Organizers reserve the right to reject the entrant’s entries and obtain legal or equitable relief under applicable laws.
19. Acceptance of prize. Prizes must be accepted as described in these Contest Rules and may not, in any case, be in whole or in part transferred to another person, replaced by another prize or exchanged for cash, except as provided in the section below.
20. Substitution of prize. In the event where it would be impossible, difficult and/or more costly for the Contest Organizers to award a prize (or a portion thereof) as described in these Contest Rules, they reserve the right to award a prize (or portion thereof) of the same kind and of equivalent value or, at their sole discretion, the cash value of a prize (or portion thereof) as indicated in the Contest Rules.
21. Liability limit: use of the prize. By entering the Contest, any entrant selected for a prize releases and holds harmless the Contest Organizers, any company, corporation, trust or other legal entity controlled by or affiliated to them, Participating Centres, their advertising and promotional agencies, their employees, agents and representatives (the “Released Parties”) from and against any damage resulting from the acceptance or use of the prize.
22. Prize warranty. Any entrant selected for a prize acknowledges the only warranty applicable to the products and services, as the case may be, obtained with a gift card is the standard warranty of the manufacturer or of the suppliers of services.
23. Web site. The Contest Organizers do not warrant that access to or use of the Contest web site will be uninterrupted during the Contest Period or error-free.
24. Liability limit: conduct of the Contest. The Released Parties disclaim all liability for any of the following that may limit or prevent any entrant’s participation in the Contest: malfunctioning of any computer component, software or communications line; loss or lack of a communications network; or any transmission that is faulty, incomplete, incomprehensible or erased by any computer or network. The Released Parties also disclaim all liability for any damages or loss that may be caused, directly or indirectly, in whole or in part, by the downloading of any web page or software or by the transmission of any information related to participation in the Contest.
25. Contest modification. The Contest Organizers reserve the right, at their sole discretion, to cancel, terminate, modify or suspend this Contest in whole or in part, should human intervention or an event take place that could alter or affect the administration, security, impartiality or conduct of the Contest as provided in these Contest Rules, subject to approval by the Régie des alcools, des courses et des jeux du Québec, if required.
26. Termination of participation in the Contest. In the event that the computer system cannot register all Contest entries during the Contest Period for whatever reason, or if participation in the Contest must be terminated in whole or in part before the closing date provided in these Contest Rules, the Contest Organizers may, at their sole discretion, proceed with the draw among the entries duly registered and received during the Contest Period or, as the case may be, up to the date of the event ending participation in the Contest.
27. Prize limit. In no event shall the Contest Organizers be required to award more prizes than indicated in these Contest Rules or to award a prize otherwise than in compliance with these Contest Rules.
28. Liability limit: participation in the Contest. Persons who enter or try to enter this Contest release the Released Parties from any liability for damage these said persons may incur as a result of their entry or their attempt to enter the Contest.
29. Authorization. By entering this Contest, any entrant selected for a prize authorizes the Contest Organizers and their representatives to use, if required, his/her name, photo, likeness, voice, place of residence and/or statement regarding a prize for publicity purposes, without any form of compensation.
30. Communication with entrants. No communication or correspondence related to this Contest shall be exchanged with entrants except as provided for in these Contest Rules or at the Contest Organizers’ initiative.
31. Personal information. Entrants’ personal information collected for the purpose of the Contest will only be used to administer the Contest. No commercial or other communications unrelated to the Contest will be sent to entrants unless they have otherwise agreed to receive such communications.
32. Property. No purchase requests and Declaration Forms are the property of the Contest Organizers and shall not in any case be returned to entrants.
33. Entrant identification. For the purpose of these Contest Rules, the entrant is the person whose name appears on the Entry Form or on the no purchase request, as the case may be, and it is to this person to whom the prize will be awarded if he/she is selected and declared a winner. In the event that no name was entered on the Entry Form, the entrant will be the authorized account holder of the email address entered on the Entry Form.
34. Contest Organizers’ decision. Any decision by the Contest Organizers or their representatives regarding this Contest is final and without appeal, subject to a ruling by the Régie des alcools, des courses et des jeux du Québec on any issue under its jurisdiction.
35. Litigation. Any litigation respecting the conduct or organisation of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux du Québec for a ruling. Any litigation respecting the awarding of a prize may be submitted to the Régie for the purpose of helping the parties reach a settlement.
36. Unenforceability. If a section of the Contest Rules is declared or deemed illegal, unenforceable or invalid by a competent court, that section shall be considered invalid, but all unaffected sections will be applied within the limits of the law.
37. Language. In case of any discrepancy between the French and English versions of these Contest Rules, the French version shall prevail.
SCHEDULE A
20100601QCENRF1.50
CARD AGREEMENT - TERMS AND CONDITIONS
Licensed under U.S. Patent Nos. 5,689,100 and
5,956,695 and Canadian Patent No. 2,215,969
IMPORTANT INFORMATION FOR CARD
RECIPIENT—DO NOT DISCARD
SECTION 1. GENERAL INFORMATION
This Agreement contains the terms and conditions of the Card. Please read this Agreement carefully and keep it for your records. By purchasing, accepting or using the Card, you agree to be bound by this Agreement. “Card” means the Card issued by Bank of America, N.A., an authorized foreign bank under the Bank Act (Canada). “Retailer” means a retail establishment that is at or near the Shopping Centre and is authorized to accept the Card. “Shopping Centre” means the shopping centre, shopping mall, or other shopping venue, district or association named on the Card; and, if the Card is usable at multiple Shopping Centers owned or operated by a common entity, then the term “Shopping Centre” collectively refers to all such Shopping Centres. “You” means the person who has received the Card. “We”, “us”, and “our” mean Bank of America, N.A., acting through its Canadian Branch.
The Card is a payment card that can be used to purchase goods and services at authorized Retailers located at or near the Shopping Centre. The funds loaded on the Card are collected by the Shopping Centre and held by us in a pooled account with funds associated with other cards. The funds on the Card are not insured by the Canada Deposit Insurance Corporation, nor are they insured by any other regulatory body. You will not be paid or earn interest on the amount of the Card. The issuance of the Card does not establish, and is not linked to, a deposit account.
The Card is not a credit card and can be used only for the amount of money loaded onto the Card. When you use the Card, the amount available on the Card will be reduced by the amount of each purchase until it reaches zero. The Card is subject to the fees described in Section 12 of this Agreement, except where such fees are prohibited by applicable law. You may not add any funds to the Card. Your ability to make purchases with the Card will end when the Card amount reaches zero.
SECTION 2. TYPES OF AVAILABLE TRANSACTIONS AND LIMITS ON TRANSACTIONS
Point-of-Sale Transactions. You may use the Card to purchase goods and services only at authorized Retailers located at or near the Shopping Centre. For information about the Shopping Centre and Retailers, please visit the Shopping Centre information desk, the Shopping Centre website, which may be identified on the back of the Card, or call 1.800.840.5604.
If you attempt to use the Card for a purchase amount that is greater than the amount on the Card, your transaction will be declined. However, if the purchase amount is greater than the amount on the Card, most Retailers will permit you to pay the difference with alternative methods. You must inform the Retailer before beginning your transaction if you wish to pay a portion of the purchase amount using the Card. You do not have the right to stop payment on any point-of-sale transaction originated by the use of the Card. You agree that we are not responsible for goods or services purchased with the Card, and we are not responsible if any Retailer refuses to accept the Card or for any other actions of the Retailer. The return policy of the Retailer at which the Card is used is the applicable return policy. You will resolve disputes directly with the Retailer on purchases made using the Card and returns thereof, and if you receive a refund relating to a Card transaction, you agree to accept a credit to the Card as the method of refund. Any credit to the Card may not be available for use by you for up to 10 business days. A credit to a zero balance Card will reinstate the Card.
Cash Transactions. The Card does not permit any type of cash transactions. Except as stated in this Section and in Sections 9 and 10 of this Agreement, the amount on the Card, including a small or de minimis balance, will not be redeemable or refundable for cash. Upon request by you, a Card with a balance of $5.00 or less will be refunded in the balance amount. Refunds will be made by StoreFinancial Services of Canada Co. Refunds may take up to 60 days to process. For information about refunds, call 1.800.840.5604.
Remaining Amount. It is important that you track the amount remaining on the Card. You may check the remaining amount on the Card at any time at no charge by calling 1.800.755.8608 or visiting www.getmybalance.com. The Maintenance Fee described in Section 12 will reduce and may exhaust the entire Card amount, except where such fee is prohibited by applicable law.
Legal Transactions. You agree that you will only use the Card for transactions that are legal. You agree that we may decline transactions we believe may be illegal or in violation of the applicable network rules. You also agree that if we do not decline the transaction, we may charge the Card and we are not liable to you if you engage in an illegal transaction.
Limitations on Use. You agree that you will not use the Card to pay tips or gratuities, to make recurring payments, to make preauthorized transactions (which are prepaying for a hotel stay, a car rental, or at the pump for gas or other transactions where the actual or final amount of the transaction is unknown at the time the Card is authorized for use), to make payment on a credit account, to pay for any gambling transaction or to pay for any illegal transaction. You agree that you will not use the Card for any “card not present” transactions, such as online purchases. You agree that you will not use the Card at any nonparticipating or unauthorized retailer locations. You agree that a purchase made by you may not be authorized or settled by us unless it complies with this Agreement. Unless prohibited by applicable law, the Card may be canceled, repossessed, locked or revoked at any time without prior notice. The Maintenance Fee will be assessed on a locked or revoked Card, except where such fee is prohibited by applicable law.
Authorized Use of Card. If you authorize someone else to use the Card, you will be responsible for any transactions initiated by such person(s) with the Card even if you intended to limit that person’s use of the Card to a particular amount or particular time. You agree to keep the Card in a safe place, and to report any suspected unauthorized use of the Card immediately to 1.800.840.5604. PROTECT THE CARD LIKE CASH.
Overdrafts. The amount on the Card will be reduced by the amount of your transactions plus applicable Maintenance Fees, except where such fees are prohibited by applicable law. Any transaction that will create a negative amount (overdraft) on the Card is not permitted. However, if an overdraft on the Card does occur, you agree to pay us on demand the amount of such overdraft. You agree that we may lock or revoke the Card, without notice, unless prohibited by applicable law, if we do not receive funds from you in the full amount of the activated balance on the Card.
SECTION 3. TELEPHONE NUMBER AND ADDRESS TO BE NOTIFIED IN EVENT OF A LOST OR STOLEN CARD
If you believe that the Card has been lost or stolen: call toll free 1.800.840.5604, 24 hours a day, 7 days a week, or write to: Bank of America, 3007 Kingston Road, Suite 123, Toronto, Ontario M1M 1P1.
Subject to acceptable proof of Card ownership, we will make reasonable efforts to lock a lost or stolen Card from further use. If you notify us promptly of a lost or stolen Card and we are able to lock it from further use, you will not be liable for any further transactions associated with the lost or stolen Card. You may request a replacement Card for a lost or stolen Card at the Shopping Centre. A replacement Card will not be issued unless you present adequate proof of purchase, the 16 digit Card number, and your full identification. Requests to replace a Card may be denied by us or the Shopping Centre, in either’s discretion, in the event we or the Shopping Centre suspects fraudulent or unlawful activity or improper Card use. If the replacement is approved, a new Card will be issued and activated in the amount remaining on the Card, if any, at the time of the replacement. You may be charged a Replacement Card Fee described in Section 12 of this Agreement, except where such fee is prohibited by applicable law. The Maintenance Fee will be assessed through the date, if any, when a replacement Card is issued, except where such fee is prohibited by applicable law.
SECTION 4. VALID THRU DATE
FUNDS DO NOT EXPIRE. The plastic card will be unusable after the “valid thru” date stated on the Card. The “valid thru” date is not an expiration date on the Card funds. The amount remaining on the Card will be available until the amount reaches zero. The Card funds will be temporarily unavailable after the “valid thru” date until you obtain a free replacement Card. You may present and exchange the unusable card at no charge for a replacement Card, which will be activated in the amount remaining on the Card at the time of the exchange. Replacements may take up to 30 days to process. For inquiries about exchanging an unusable card, call 1.800.840.5604.
SECTION 5. BANK’S LIABILITY; LIMITATION OF LIABILITY; ERROR RESOLUTION
PROCEDURES
a. Bank’s Liability.
If we do not complete a transaction arising from the use of the Card on time or in the correct amount according to this Agreement, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
(i) if, through no fault of ours, the amount on the Card is insufficient to complete the transaction; or
(ii) if the point-of-sale terminal was not working properly and you knew about the breakdown when you started the transaction; or
(iii) if circumstances beyond our control (such as power outages, equipment failures, fire or flood) prevent the transaction, despite reasonable precautions that we have taken; or
(iv) if the Card has been reported to be, or suspected of being, lost or stolen, and we have taken action to prevent transactions with the Card.
In addition, you acknowledge that we outsource various services in respect of the Card to affiliates and service providers which may be located outside of Canada. Accordingly, our ability to perform the services contemplated under this Agreement will depend upon the ability of our affiliates and service providers to perform the services contemplated under this Agreement, which will be subject to the laws of the foreign jurisdictions where those affiliates or service providers are located.
b. Limitation of Bank’s Liability for Unauthorized Transactions.
Our liability is limited to reimbursing you for the amount of an unauthorized transaction, up to the amount on the Card immediately before the unauthorized transaction occurs. However, we will only be liable for any such amount after you have notified us that the Card has been lost or stolen and if we were able to lock the Card from further use. For example, if you are unable to provide us with the Card number or other information that allows us to obtain the Card number, then we will be unable to lock the Card. We are not liable for any claims of special, indirect or consequential damages.
c. Error Resolution Procedures.
In case of errors or questions about your transactions:
Telephone us at 1.800.840.5604 or write to Bank of America, 3007 Kingston Road, Suite 123, Toronto, Ontario M1M 1P1.
Call or write us as soon as you can in case of errors or questions about transactions arising from the use of the Card. We must hear from you no later than 60 days after the date of the transaction in question.
(i) Tell us your name and Card number.
(ii) Describe the error or the transaction you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
(iii) Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.
We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit the Card within 10 business days for the amount you think is in error, so that you will have the use of that amount during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit the Card.
For errors involving Cards issued less than 30 days or point-of-sale transactions, we may take up to 90 days to investigate your complaint or question. For Cards issued less than 30 days, we may take up to 20 business days to credit the Card for the amount you think is in error.
We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of documents that were used in the investigation.
We reserve the right to correct the Card balance if we believe that a clerical, billing or accounting error has occurred.
SECTION 6. PERSONAL INFORMATION
You agree that we, our affiliates, and service providers may collect information about you from you when you purchase the Card, when you contact us, and through your use of the Card (“Personal Information”). You agree that we, our affiliates and service providers may collect and use your Personal Information and disclose it to third parties as necessary for the following purposes and in the following circumstances: (a) to provide the Card to you; (b) to authorize, process, and administer transactions and information in connection with the Card; (c) to verify your identity; (d) to respond to your inquiries and otherwise communicate with you; (e) in connection with detecting and preventing fraud, and otherwise in connection with risk management, security, and internal policy requirements; (f) to meet requirements under antimoney laundering and anti-terrorist financing laws and under other legal, regulatory, audit, processing and industry self-regulatory requirements, including as required by Canadian federal and provincial and foreign laws applicable to us, our affiliates and service providers; (g) to enforce this Agreement, collect any amounts owing by you to us, and to report losses incurred by us; (h) in compliance with any agreement between us and a professional, regulatory or disciplinary body; (i) in connection with the potential or intended sale of business by us, any of our affiliates or service providers, or inconnection with any other assignment of our rights and obligations under this Agreement; and (j) as otherwise permitted or required by law. You agree that we may disclose your Personal Information to our affiliates and service providers and to any assignees or successors for the purposes described above and that such parties may use and disclose your Personal Information as described above. Our affiliates and service providers may be located outside of Canada, and accordingly, your Personal Information may be transferred or processed outside of Canada for the purposes described above and your Personal Information may be subject to legal requirements in foreign jurisdictions, such as requirements to disclose information to government authorities of such jurisdictions. You consent to the collection, use, and disclosure of your Personal Information as described above for so long as required to fulfill the purposes described above. If you are a corporation or other entity, we may also use your Personal Information to market our prepaid card programs to you. Your Personal Information will be held at our premises or on our servers or those of our affiliates and service providers and only our employees and those of our affiliates and service providers who require it for the purposes of their duties or services will have access to your Personal Information. You may request access to your Personal Information and the correction of any inaccurate information by calling us at 1.800.840.5604.
SECTION 7. RECORDING AND MONITORING TELEPHONE CALLS
The telephone calls between you and us or our service providers may be recorded or monitored. We need not remind you of the recording or monitoring before each call unless we are required to do so by law.
SECTION 8. GOVERNING LAW; SEVERABILITY
This Agreement will be governed by the laws of Quebec and the federal laws of Canada applicable therein. All provisions of this Agreement are void where expressly and to the extent prohibited by applicable law. In the event that any provision of this Agreement shall be determined to be illegal or unenforceable, that provision will be eliminated or adjusted to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
SECTION 9. YOUR LIMITED RIGHT TO CANCEL
If the Card has not been used and you do not want the Card, you may cancel this Agreement and return the Card before it is used along with the original receipt, by mail postage prepaid, to ATTN: Card Refunds, 3007 Kingston Road, Suite 123, Toronto, Ontario M1M 1P1 within 30 calendar days after the Activation Date (as defined in Section 12). If the Card is timely returned before it is used, you will receive a refund in the amount on the Card. Time is of the essence in returning the Card. No refunds will be honored unless (a) the Card is returned unused by mail post-marked within the 30 calendar day period; and (b) you provide your name and mailing address with the returned Card and the original receipt. Information concerning this cancellation program may be obtained by calling 1.800.840.5604. Requests for cancellation may take up to 60 days to process.
SECTION 10. TERMINATION OF PROGRAM
We have the right to terminate the Card program at any time. If we have terminated the program and the Card can no longer be used, you may surrender the Card and redeem the remaining amount on the Card for a refund by returning the Card by mail, postage prepaid, to ATTN: Card Refunds, 3007 Kingston Road, Suite 123, Toronto, Ontario M1M 1P1. No refunds will be honored unless (a) the Card is returned, and (b) you provide your name and mailing address with the returned Card. Requests for refunds may take up to 60 days to process. For inquiries concerning surrenders and redemptions, call 1.800.840.5604. Until the Card is surrendered, all fees described in Section 12 will continue to apply, including the monthly Maintenance Fee, except where such fees are prohibited by applicable law.
SECTION 11. ASSIGNMENT
We may assign, without recourse, our duties and obligations as issuer of the Card to another entity.
SECTION 12. FEES
Unless otherwise noted below, all fees are imposed by and retained by us.
Purchase Fee: Except where prohibited by applicable law, the Shopping Centre may charge a fee directly to the purchaser of the Card for the purchase and/or activation of the Card in the amount disclosed to the purchaser at the time of sale. The purchase fee, if any, will be paid directly by the purchaser to the Shopping Centre and will not be deducted from the amount on the Card. We will not retain any portion of the purchase fee.
Maintenance Fee: Except where prohibited by applicable law, a non-refundable maintenance fee will be automatically deducted by us each month from the Card balance, as consideration for maintaining your Card account, in the amount of $2.50 commencing on the date stated on the Card back. For the Activation Date, which is the date when the funds are loaded on the Card in conjunction with the purchase of the Card, and the Card transaction history, visit www.getmybalance.com or call 1.800.840.5604.
Replacement Card Fee: If a replacement Card is issued for a lost or stolen card, a $1.50 Replacement Card Fee may be charged directly to the Cardholder, unless prohibited by applicable law.
SECTION 13. RESOLVING COMPLAINTS AND FCAC
If you have a complaint regarding a matter related to this Agreement, please call us at 1.800.840.5604. We will do our best to resolve your complaint or inquiry. If for some reason we are unable to do so to your satisfaction, you may communicate the complaint or inquiry in writing to: Ombudsman for Banking Services and Investments, P.O. Box 896, Station Adelaide, Toronto, Ontario M5C 2K3. If your complaint or inquiry concerns any consumer provision found in the federal banking legislation applicable to us, please contact the Financial Consumer Agency of Canada at 1.866.461.3222 or in writing at 6th Floor, 427 Laurier Avenue West, Ottawa, Ontario K1R 1B9.
SECTION 14. LANGUAGE
This Agreement is also available in French. To obtain the French version, visit www.getmybalance.com or call us at 1.800.840.5604. Cette entente est également disponible en français. Pour obtenir la version française, visitez le site www.getmybalance.com ou appelez-nous au 1.800.840.5604.