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Official Rules

FEDEX® "X MARKS THE SPOT" SWEEPSTAKES

The FedEx "X Marks the Spot" Sweepstakes (the "Sweepstakes") is being conducted by Federal Express Canada Ltd. ("FedEx") and consists of the FedEx "X Marks the Spot" Online Game (the "Game").

1. HOW TO ENTER:
NO PURCHASE NECESSARY

To be eligible to play the Game, personally complete the online enrolment form at fedex.ca/treasure (the "Site"). The Game may be played no earlier than September 17, 2007 (12:01 a.m. EST) and up until the end of November 4, 2007 (11:59 p.m. EST) (the Sweepstakes Period").

If you have personally enrolled in the Game by completing the online enrolment form at fedex.ca/treasure on or before November 4, 2007, every time you send a Qualifying Shipment, as defined below, you will be eligible for one (1) play of the Game (a "Play"). In addition, provided you have personally enrolled in the Game by completing the online enrolment form at fedex.ca/treasure on or before November 4, 2007, you will receive one (1) bonus play of the Game (a "Bonus Play").

For the purposes of these Official Rules, a "Qualifying Shipment" means a FedEx International Next Flight®, FedEx International First®, FedEx International Priority™, FedEx® International Priority Freight, FedEx® International Economy, FedEx International Ground™ or FedEx Transborder Distribution®, shipment from Canada during the Sweepstakes Period by way of a revenue-generating FedEx tracking number with the transportation charges paid for by a FedEx account number associated with a Canadian address. In addition, for FedEx Express shipments, your FedEx account number is entered in the "Sender's FedEx Account Number" field on the air waybill and your name is entered in the "Sender's Name" field on the air waybill, and both match the information in your online enrolment form. For the purposes of these Official Rules, in order for a shipment to have been "shipped" prior to the end of the Sweepstakes Period, it must have been scanned by FedEx prior to the end of the last day of the Sweepstakes Period. For each Qualifying Shipment you will be credited with one (1) Play.

Once you have personally enrolled in the Sweepstakes, you may receive one (1) play of the Game (a "Free Play") without purchase by hand-printing your FedEx account number, your name, the name of your company, your complete address, including postal code, your telephone number, your e-mail address, and the words FedEx "X Marks the Spot" Sweepstakes on a plain piece of paper, by also hand-drawing, not mechanically reproducing, a facsimile of the FedEx logo on this paper, and by mailing this paper to FedEx "X Marks the Spot" Sweepstakes at PO Box 2 STN U, Etobicoke ON M8Z 5M4. If you agree with the following statement, please also hand-print the following statement on the paper: "I wish to receive further information and special offers by e-mail from FedEx". FedEx will not be responsible for entries that are illegible, lost, delayed or misdirected. To be eligible, each such no-purchase entry must be mailed separately bearing sufficient postage, and be received on or before November 4, 2007. Upon receipt of a proper no-purchase entry, FedEx will e-mail to you a number to be used in the FedEx Tracking Number field in order to facilitate one (1) Play. Limit of one (1) Play per no-purchase entry. Only original no-purchase entries will be accepted - no photocopies or reproductions.

2. IF YOU DO NOT HAVE A FEDEX ACCOUNT NUMBER:
If you do not have a FedEx account number, call 1.800.Go.FedEx 1.800.463.3339 and request one from a FedEx Customer Service Representative or visit our website at fedex.ca and complete the online form. Then follow the procedure set out in Paragraph 1 above. See the FedEx Service Guide for restrictions and details on setting up accounts.

3. HOW TO PLAY THE GAME:
To play the Game, visit fedex.ca/treasure, complete the registration form and hit the 'submit' button. The FedEx "X Marks the Spot" Game will appear on your screen. From the list of options presented on your screen, you will need to use your mouse or the menus provided to choose the continent where you'd like to dig. Then choose from one of the 228 countries and territories that FedEx delivers to. "X" will mark the spot and your Pirate First Mate will dig up your treasure box. Once revealed, the treasure box will open if your treasure box has been selected to receive a Game prize (a "Game Prize"). If your Play has been selected to receive a Game Prize, a Game Prize will be revealed. The treasure boxes containing a Game Prize are randomly pre-selected.

4. GAME PRIZES:
One thousand five hundred and two (1,502) winning "play times" during the Sweepstakes Period have been randomly pre-selected, with random assignment of prizes to those times. In addition, one (1) winning "play time" each week has been randomly pre-selected, with random assignment of prizes to those times. A Game Prize will be revealed to the contestant who undertakes a Play at the randomly pre-selected winning play time or, if no Play occurs at such time, is the first to undertake a Play after the randomly pre-selected winning play time. The odds of winning a Game Prize depend on the total number of persons ultimately participating in the Game during the Sweepstakes Period. The odds of winning a specifically assigned weekly Game Prize depend on the total number of persons participating in the Game at the randomly pre-selected winning time. The number of Game Prizes available to be won will diminish as Game Prizes are claimed during the period of the Game. The Game Prizes consist of the following:

  • One (1) European Vacation (7 nights, standard accommodations - double occupancy) and $1000.00 cash (approximate retail value $7,000.00 CDN each).
  • One (1) Vacation to China (7 nights, standard accommodations - double occupancy) and $1000.00 cash (approximate retail value $8,500.00 CDN each).
  • One (1) Vacation to Mexico (7 nights, 4.5 star accommodations) and $500.00 cash (approximate retail value $3,500.00 CDN each).
  • One (1) Vacation to Las Vegas (4 nights, 4 star accommodations) and $500.00 cash (approximate retail value $3,500.00 CDN each).
  • Three (3) $2000 Travel Vouchers, (approximate retail value $2,000.00 CDN each).
  • Five (5) 42" Panasonic Widescreen Plasma HDTV's, (approximate retail value $1,600.00 CDN each).
  • Thirty (30) Nintendo® Wii's™, (approximate retail value $289.00 CDN each).
  • Twenty (20) Olympus FE-220 7.1MP Digital Camera, (approximate retail value $189.00 CDN each).
  • Thirty Five (35) Apple iPod® 2GB nano™, (approximate retail value $155.00 CDN each).
  • Thirty (30) $150 Marriot Hotel Gift Certificate, (approximate retail value $150.00 CDN each).
  • One hundred and Twenty Five (125) $25 Esso Gas Cards, (approximate retail value $25.00 CDN each).
  • One hundred and fifty (150) $100 cash prizes, (approximate retail value $100.00 CDN each).
  • Two hundred (200) $50 cash prizes, (approximate retail value $50.00 CDN each).
  • One hundred and fifty (150) $25 cash prizes, (approximate retail value $25.00 CDN each).
  • One hundred and fifty (150) $5 Tim Horton's® Gift Certificates, (approximate retail value $5.00 CDN each).
  • Two Hundred and fifty (250) $10 Tim Horton's® Gift Certificates, (approximate retail value $10.00 CDN each).
  • Three Hundred and fifty (350) FedEx International Shipping Coupons, (approximate retail value $10.00 CDN each).

Individuals to whom a Game Prize has been revealed (a "Conditional Winner") will be required to correctly answer, without assistance of any kind, whether mechanical or otherwise, within ten (10) minutes, a mathematical, skill testing question, which will be administered online immediately after a Game Prize is revealed, in order to be eligible to win the Game Prize. A Conditional Winner who does not answer the skill-testing question correctly will forfeit his/her eligibility to win the Game Prize. A Conditional Winner who correctly answers the skill-testing question will receive his/her Game Prize once the eligibility of the Conditional Winner's account number, FedEx tracking number and other required information has been verified by FedEx.

Conditional Winners will receive email confirmation within twenty-four (24) hours of being declared a Conditional Winner. A Conditional Winner will be notified by phone, e-mail or by mail when his/her eligibility to win the Game Prize has been verified and is ready for delivery, which notification may take until the end of December, 2007. If a Conditional Winner cannot be contacted within fourteen (14) days, the Conditional Winner will forfeit his/her eligibility to win the Game Prize. If there are any Game Prizes remaining after the verification and delivery stage of the Game, a random draw may be made, at the discretion of FedEx, by Axis Database Marketing Group Inc., the independent judging organization ("Axis") on or before December 28, 2007 in Toronto, Ontario at approximately 10:00 a.m. from among all individuals who registered for the Game and played the Game at least once. In order to be awarded any such prize, the selected entrant(s) must first correctly answer, without assistance of any kind, whether mechanical or otherwise, a time-limited, mathematical, skill-testing question to be administered by telephone at a pre-arranged, mutually convenient time. The odds of being selected will depend on the total number of people who registered for the Game and played the Game at least once. Selected entrants will be notified by phone, e-mail or by mail. If a selected entrant cannot be contacted and the skill-testing question administered within fourteen (14) days, an alternate winner may be selected (who will be contacted, and if not will be subject to disqualification, in the same manner).

GENERAL RULES

1. COMPANY POLICY:

If a winner's company policy precludes him/her from receiving a prize, the prize or the approximate retail value thereof may be donated by FedEx to a registered charity of the winner's choice.

2. ELIGIBILITY:
By participating in the Sweepstakes, you agree to be bound by the provisions set out in these Official Rules and you warrant that you meet the eligibility requirements set out herein. To enter and be eligible to win, a person must be a resident of Canada who has reached the age of majority in his/her province or territory of residence and may not be a FedEx Authorized ShipCenter, an employee of FedEx, its affiliates, agents or advertising and promotional agencies or Axis, or a member of the immediate family or household of any such employee. For the purposes of these Official Rules, "immediate family" means the employee's parents, siblings, husband or wife and children. All travel prize winners will be required to sign an affidavit of eligibility, sign a consent, release and indemnity, which would include consent to the use of his/her name and photograph without further compensation in any publicity concerning the Sweepstakes, and have his/her travel companion sign such a consent, release and indemnity and have the winner's company sign a consent. The travel prize winner will be required to return such documents within fourteen (14) days of delivery, or the travel prize trip will be forfeited and an alternate entrant may be selected. To be a winner of a Game Prize, the person claiming the Game Prize must have correctly answered the skill testing question without assistance of any kind, whether mechanical or otherwise, and be in compliance with these Official Rules. Moreover, by accepting any Game Prize, a winner consents to the use of his/her name, photograph and city of residence, without further compensation, in any publicity concerning the Sweepstakes. Further, in order for any winner to be entitled to claim a prize, (i) the winner must be, at the time a prize is awarded, employed by the company, if any, indicated on the winner's enrolment/registration form, and (ii) the associated FedEx account number and e-mail address must be valid and must not be delinquent.

3. MISCELLANEOUS:
All entries become the property of FedEx and none will be returned. By participating in the Sweepstakes, entrants agree to abide by these Official Rules and the decisions of Axis, which are final. No correspondence will be entered into except with a Selected Entrant/Conditional Winner.

No responsibility will be taken for an entry, prize winning notification, or a claim for a prize which is lost, misdirected or delayed for any reason. Entries that are mutilated, altered or obtained through sources other than those depicted in these Official Rules are null and void.

A winner of a prize, and the guest of any travel prize assumes responsibility for any and all damages, losses or injuries of any kind that may arise in connection with the acceptance, use or misuse of a prize. and, in the case of a travel prize winner and his/her guest, when travelling as part of the travel prize. All prizes must be accepted as awarded, are non-refundable and are not convertible to cash. Subject to the paragraph above entitled "Company Policy", prizes are nontransferable and no substitution is allowed, except by FedEx who reserves the right to substitute a prize of equal or greater value if a prize described above is unavailable for any reason. FedEx does not endorse any product offered as a prize and is not responsible for the availability or performance of such products. A winner, nor the travel guest of a travel prize winner, may not initiate any claim or demand against FedEx, its affiliates, agents or advertising and promotional agencies arising from the use of a prize. FEDEX EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING THE PRODUCTS AWARDED AS PRIZES. FedEx, its affiliates, agents and advertising and promotional agencies assume no responsibility or liability for damages, losses or injury resulting from the acceptance, use or misuse of a prize.

Without limitation, FedEx will not be liable for any failure of the Site during the Sweepstakes; for any technical malfunction or other problem relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; for the failure of any entry to be received by FedEx for any reason including, but not limited to, technical problems or traffic congestion on the Internet or at any website; or for any combination of the above. FedEx will further not be liable for any injury or damage to a contestant's/entrants or any other person's computer related to or resulting from participating or downloading any material in the Sweepstakes.

FedEx reserves the right to withdraw or amend the Sweepstakes in any way, subject to obtaining approval from the Régie des alcools, des courses et des jeux for the province of Québec, including in the event of an error, technical problem, computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure or any other cause of any kind beyond the reasonable control of FedEx. If, for any reason more or other prizes are claimed other than as outlined above, FedEx reserves the right to conduct a random draw among all eligible claimants to determine the selected entrants for the applicable prize(s). Any attempt to deliberately damage any website or to undermine the legitimate operation of the Sweepstakes is a violation of criminal and civil laws, and should such an attempt be made, FedEx reserves the right to seek remedies and damages to the fullest extent permitted by law, including criminal prosecution. The Sweepstakes is subject to all applicable federal, provincial and municipal laws.

4. QUEBEC RESIDENTS:
Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of the prize may be submitted to the Régie only for the purpose of helping parties reach a settlement.

     
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