A WINTER TALE IN NEW YORK SWEEPSTAKES

OFFICIAL RULES

NO PURCHASE NECESSARY.
VOID WHERE PROHIBITED BY LAW.

1. SWEEPSTAKES DATES

The "A Winter Tale in New York " Sweepstakes (the "Sweepstakes") is sponsored by Cirque du Soleil Qannik, L.L.C. ("CDS"). The Sweepstakes runs from September 18, 2007 at 6 :00 A.M. Eastern Time until October 18, 2007 at 11:59 P.M. Pacific Time (the "Sweepstakes Period") and is subject to the following rules (the "Official Rules"). CDS shall be responsible for the Sweepstakes, its organization and its Official Rules. By entering the Sweepstakes, Entrants (as defined below) agree to be bound by these Official Rules.

2. ODDS OF WINNING

Odds of winning the Prize (as defined below) depend on the number of eligible entries received during the Sweepstakes Period.

3. WHO CAN ENTER

The Sweepstakes is open to legal residents of Canada and the United States of America who have reached thirteen (13) years of age at the time they enter the Sweepstakes.

If you are a minor, to enter the Sweepstakes you must have the consent of your parent or legal guardian who must comply with sections  4 (f) , 6 (i) to (xii), 8 (a) to (d) , and 11 hereof. Employees, agents and representatives of CDS and Madison Square Garden , L.P., and each of their subsidiaries, their affiliated companies, their controlling corporations, advertising or promotion agencies, sponsors, suppliers of materials, prizes and services related to the Sweepstakes, or any other person directly associated with the holding of the Sweepstakes, as well as members of their immediate families (father, mother, brothers, sisters, children), their legal or common law spouse, and any persons residing with these employees, representatives and agents are not eligible to participate.

Limited to one entry per person, irrespective of the method of entry. Any subsequent entries by or on behalf of any individual will be disqualified.

4. HOW TO ENTER

No purchase necessary. You may enter the Sweepstakes through the Sweepstakes page at www.cirquedusoleil.com (the "Website") during the Sweepstakes Period by filling out the entry form (the "Entry Form") or by the Alternative Method of Entry in Section 5. In order to enter on the Website, each Entrant (as defined below) must follow the instructions to access the electronic Entry Form and complete the Entry Form by entering his/her first and last name, complete address, country, postal code, phone number, age and e-mail address (collectively the "Personal Information"). Entrants must at all times use the same e-mail address. The use of more than one e-mail address by an individual will result in automatic disqualification of that individual.

All participants who have duly completed the Entry Form or duly complied with the Alternative Method of Entry shal l be referred to collectively as the "Entrants" or individually as an "Entrant".

To enter the Sweepstakes (other than by the Alternative Method of Entry) the Entrant must abide by the following :

  • To enter the promotion, it is not mandatory that you be a member of Cirque Club. If you are not a member and wish to become a Cirque Club member, you may complete the Cirque Club membership form available on www.cirquedusoleil.com. Cirque Club membership is free.
  • First complete the electronic entry form, making sure that your surname and first name are entered correctly (you can change your profile by clicking on the link) and adding your city of residence.
  • Draft or insert on screen in the box provided for that purpose, a story between 75 to 250 words about one of your childhood memories (the "Story"). Your Story must be creative, original and true. In addition, The Story and Photo (as defined below) are subject to the "Story Addendum" below.
  • At your discretion, you may insert a photo in the box provided for that purpose, (the "Photo"). The submission of a Photo is not obligatory and will not be considered or evaluated by the jury in the selection process.
  • Click on the "continue" icon by the deadline described in the Sweepstakes Period to be eligible for the promotion.
  • You must read and agree to the legal statement appearing on your screen by clicking on "I agree" to have your Entry Form, Story and Photo duly transmitted. By doing so, you represent that you have read and agreed to the Official Rules, that the Story and Photo (if any) are your original work, that the Story is true, that neither the Story nor the Photo has been published before, that they do not infringe, misappropriate or violate any third-party's intellectual property, personality, publicity or privacy rights, and that you authorize CDS to publish your name, city of residence and Story on its websites and, without limiting anything else in these Official Rules, you thereby waive any and all moral rights, and any rights based on privacy, personality or publicity that you may have throughout the world in or with respect to the Story and Photo that you are submitting, and assign and transfer all rights, including without limitation intellectual property rights, in the Story and Photo to CDS, as further provided in these Official Rules.

5. ALTERNATIVE METHOD OF ENTRY

You may also enter using the following method (the "Alternative Method of Entry"):

On a hand-addressed 3"x5" postcard, legibly hand print in block letters the following information: your first and last name, address, phone number, age and e-mail address (if any). Mail the postcard to:

Cirque du Soleil Qannik L.L.C.– A Winter Tale in New York Sweepstakes
8400 2e Avenue, Montréal, Québec H1Z 4M6 Canada

All mail-in entries must be postmarked by October 18, 2007 and received no later than October 25, 2007.

6. PRIZE

One (1) Prize will be awarded, subject to the conditions below, consisting of:

  • Round trip economy airfare for four (4) people from the international airport closest to the Winner's (as defined hereinafter) place of residence to New York City, NY, each airplane ticket having an approximate total retail value not to exceed Seven Hundred US Dollars (US$700);
  • Four (4) tickets to attend the 2007-2008 Wintuk® show to be presented at the WaMu Theatre at Madison Square Garden in New York City . The exact date shall be determined by the Winner and shall be subject to availability. The approximate total retail value of the tickets is Five Hundred US Dollars (US$500); and
  • One Thousand US Dollars ($1000) in cash.

(collectively, the "Prize")

The total estimated retail value of Prize is approximately Four Thousand Three Hundred US Dollars (US$4,300). The value of the airfare portion of the Prize may vary depending on the point and dates of travel. No compensation will be awarded to the Winner or his/her guests if the actual value of the airfare is less than the approximate retail value above.

The following conditions apply to the Prize:

  • Unless explicitly included in the Prize description above, all costs, charges or expenses, including without limitation all transportation to and from the international airport close to the Prize Winner's place of residence and chosen by CDS, all ground transportation, lodging and accommodation, money allocation, all taxes (including income, airport, hospitality or other taxes if applicable), insurance, fuel surcharges, travel related fees and items of a personal nature, passports and other travel documents, meals and beverages, internet access charges, bar and wine charges, room service, gratuities and local and long distance telephone calls are the sole responsibility of the Winner or his/her guests;
  • The Prize must be used between November 1, 2007 and December 31, 2007 or November 1, 2008 and December 31, 2008 ;
  • If the Prize Winner is a minor, one of the guests must be the parent or legal guardian, and the guests accompanying the Winner must have reached twenty-one (21) years of age or be accompanied by their parent or legal guardian or they will not be authorized to take part in the trip;
  • Travel arrangements shall be made by CDS. Prize Winner and his/her guests must travel together. The Winner must give CDS the name appearing on his/her passport or on his/her identification paper used to travel, as well as the name and contact information of his/her guests. Once the arrangements are completed, no modifications will be accepted;
  • Air carrier shall be chosen at CDS's sole discretion;
  • All seat locations are subject to availability and seats shall be determined at the sole discretion of CDS;
  • Dates are subject to availability;
  • The Winner shall notify CDS of his or her selected dates for the show at least fifteen (15) days prior to the desired departure date;
  • If the Prize or any part of the Prize is not used, no compensation will be awarded to the Winner or to the guests;
  • No prize substitution or cash redemption allowed by Winner. Prize is not transferable. CDS reserves the right to substitute a prize of equal or greater value if the Prize becomes unavailable;
  • All federal, state, provincial and/or local taxes are the sole responsibility of Winner; and
  • Other restrictions may apply.

7. DRAWING

The potential winner of the Sweepstakes (the "Winner") will be selected in a random drawing from among all eligible and compliant Entry Forms and Alternative Method of Entry submissions received before applicable deadline. The random drawing will be conducted by CDS at its head office in Montreal , Qc , Canada on or about October 26, 2007 . The Winner will be notified by phone or e-mail within two (2) business days after the drawing. In the event the Winner is unreachable, the Winner's Prize notification is returned as undeliverable or the Winner fails to comply with the provision of Section 8 below, the Winner will forfeit the Prize. A forfeited Prize may be awarded to an alternate Winner in a random drawing from all remaining eligible entries received for the Sweepstakes.

8. WINNER NOTIFICATION AND QUALIFICATION, AND SELECTION OF ALTERNATE WINNERS

In order to be eligible for and receive the Prize, the Winner must meet the following conditions:

  • Compliance with these Official Rules and conditions for eligibility;
  • If the Winner resides in Canada , the Winner (or, in the case of a minor, the parent or guardian) must correctly answer a time-limited mathematical, skill-testing question administered by telephone;
  • The Winner must complete and return to CDS, within five (5) days from receipt (which receipt will be deemed to have occurred on the earlier of actual receipt or five (5) business days after mailing), an affidavit or other document of eligibility, liability/publicity release and compliance with the Official Rules, confirming his or her compliance with the Sweepstakes rules and regulations, releasing CDS and its directors, officers, employees, subsidiaries, affiliated companies, parent companies and agents from all liability, and except where prohibited by law,permitting CDS and its representatives to use the selected Entrant's name, Photo or any photograph, likeness, statement concerning the Prize, place of residence and/or voice, without compensation, in any publicity carried out by CDS and for any required disclosures without the Winner's consent (the "Declaration Form"); and
  • The Winner may be required to furnish photographic identification in the form of a government-issued document.

Failure of the Entrant to meet any of the conditions mentioned in the Official Rules will result in the Entrant's automatic disqualification

Failure of the Winner to meet any of the conditions mentioned in the Official Rules will result in the Winner's automatic disqualification and loss of entitlement to his or her Prize. In such event, CDS shall have the right to draw or select another Winner as described in Section 6, until a Winner has been determined and qualified.

9. PRIZE DELIVERY

Within five (5) business days following the receipt of his/her duly completed Declaration Form, the Winner will be informed by phone or e-mail on how to take possession of the Prize and make the necessary reservations.

10. LIMITS OF LIABILITY; DISCLAIMERS

BY ENTERING THE SWEEPSTAKES, ENTRANTS AGREE TO BE BOUND BY THESE OFFICIAL RULES, AND AGREE TO RELEASE Employees, agents and representatives of CDS and MADISON SQUARE GARDEN, L.P. , Each of their subsidiaries, their affiliated companies, their controlling corporations, advertising or promotion agencies, sponsors, suppliers of materials, prizes and services related to the Sweepstakes, or any other person directly associated with the holding of the Sweepstakes ( THE "RELEASED PARTIES") FROM ANY AND ALL LIABILITY WHATSOEVER FOR INJURIES, LOSSES, OR DAMAGES OF ANY KIND THAT RESULT FROM ACCEPTANCE, POSSESSION, OR USE OF ANY PRIZE OR FROM ENTRY OR ATTEMPTED ENTRY INTO THE SWEEPSTAKES. THE RELEASED PARTIES ASSUME NO LIABILITY FOR LOST OR MISDIRECTED ENTRIES, WHETHER DUE TO TECHNICAL OR COMPUTER MALFUNCTIONS OR OTHERWISE, OR ANY OTHER TECHNICAL OR COMPUTER MALFUNCTIONS, FRAUD, OR OTHER ERRORS. THE RELEASED PARTIES ASSUME NO LIABILITY FOR TECHNICAL OR COMPUTER MALFUNCTIONS OF ANY KIND. CDS RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO CANCEL, TERMINATE OR SUSPEND THE SWEEPSTAKES IN ITS ENTIRETY AND SUBJECT TO COMPLIANCE WITH ANY APPLICABLE LEGAL / REGULATORY REQUIREMENTS, IN THE EVENT THAT THE WEBSITE IS INFECTED BY A VIRUS, THERE IS A SOFTWARE, HARDWARE OR NETWORK ERROR OR DISRUPTION, THE WEBSITE IS HACKED, UNAUTHORIZED HUMAN INTERVENTION OCCURS OR THE INTEGRITY, ADMINISTRATION, IMPARTIALITY OR NORMAL OPERATION OF THE SWEEPSTAKES IS COMPROMISED IN ANY WAY.

11. GENERAL CONDITIONS

  • Entrants, by entering the Sweepstakes, agree to abide by the Official Rules, and that the decisions of CDS or the Jury are final with respect to all aspects of the Sweepstakes including, without limitation, the eligibility and/or the disqualification of Entry Forms or Stories is final and without appeal. All Entry Forms , Alternative Method of Entry submissions, Stories and Photos become the exclusive property of CDS and will not be returned.
  • The electronic Entry Forms, Alternative Method of Entry submissions and Stories are subject to audit by CDS and the Jury (as defined below), as applicable. Any Entry Form or Alternative Method of Entry submission, or Story that, as applicable, is incomplete, fraudulent, copied, received late, discriminatory, defamatory, offensive, obscene, vulgar or against good morals or prejudicial to CDS, its subsidiaries, affiliated companies, parent corporations, their respective employees, agents, representatives, directors and officers, their respective advertising and promotion agencies or any other person related in any manner whatsoever to CDS will automatically be rejected and will not be eligible for the Prize or for posting as provided in the Stories Addendum below, as applicable.
  • The Released Parties are not responsible for technical, network, electronic, computer, hardware or software failures of any kind, including any injury or damage to and Entrant's or any other person's computer related to or resulting from participating in or downloading any materials in the Sweepstakes. The Released Parties are not responsible for incomplete, garbled or delayed Internet/e-mail computer or mailed-in entries.
  • The Prize must be accepted as described in these rules, and may not be sold, transferred to another person, assigned, substituted for another prize, or exchanged in whole or in part for cash. CDS may be relieved of its obligations hereunder to the extent that show performance is delayed or prevented by any cause beyond its reasonable control, including without limitation, acts of God, public enemies, war, civil disorder, fire, flood, explosion, labor disputes or strikes or any acts or orders of any governmental authority.
  • CDS reserves the right, in its sole discretion and subject to compliance with any applicable legal / regulatory requirements, to cancel, terminate or suspend this Sweepstakes in its entirety, in the event that a virus, software bug, or unauthorized human intervention occurs, or for any other cause beyond CDS's control that could compromise or affect the administration, security, impartiality or normal operation of the Sweepstakes.
  • For the purpose of these rules, the Entrant is the person whose name appears on the Entry Form and in case of confusion, who owns the email address.
  • Failure to comply with any of the aforementioned conditions or with any other condition stipulated in the Official Rules, the Entrant will be disqualified. By participating in this promotion, Entrants agree to comply with these Official Rules.
  • By participating in the Sweepstakes, E ntrants authorize CDS and its representatives to use, as required or applicable, the Entrant's name, photographs, images, Stories and Photos, declaration pertaining to the prize, place of residence for advertising purposes in relation to the promotion, without any form of remuneration. All Entrants agree to sign a declaration to that effect included in the assignment of rights.
12. PERSONAL INFORMATION RETENTION RULES FOR SWEEPSTAKES

The Entrant's Personal Information will be entered in the Sweepstakes database and CDS will use it to contact the Entrant for the purposes of the Sweepstakes. No other use will be made of the Entrant's Personal Information, with the exception of Entrants who have explicitly indicated that they wish to receive further information on CDS while completing the Entry Form.

At the end of the Sweepstakes, when and as permitted by law, all Personal Information in the Sweepstakes database will be purged.

13. OFFICIAL RULES & WINNER' LIST

For a copy of the Official Rules or name of the Winner, send a self-addressed stamped envelope (WA and VT residents may omit return postage) with a written request for the list to:

Cirque du Soleil Qannik L.L.C.– A Winter Tale in New York Sweepstakes
8400 2e Avenue
Montréal, Québec
H1Z 4M6 Canada

14. DISPUTES, CHOICE OF LAW, CHOICE OF LANGUAGE AND SEVERABILITY

As a condition to participating in this Sweepstakes, each Entrant agrees that any and all disputes that cannot be resolved between the parties, and all causes of action arising out of or in connection with the Sweepstakes shall be resolved individually, without resort to any form of class action, exclusively before a court located in Montreal, Qc, Canada having competent jurisdiction, which court shall apply the laws of the Province of Quebec, without regard to the conflicts of laws principles thereof. The Entrant and the CDS hereby waive any and all right to trial by jury. If any provision of the Official Rules is declared or found by a court of competent jurisdiction to be illegal, unenforceable or void, then such provision will be null and void but each other provision hereof not so affected will be enforced to the full extent permitted by applicable law.

15. QUEBEC RESIDENTS

A Québec resident participant may submit a complaint: (i) concerning this Sweepstakes for a ruling or (ii) concerning the awarding of a prize to help settle the complaint, to the Régie des alcools, des courses et des jeux.

16. SWEEPSTAKES SPONSOR

The Sweepstakes is sponsored by Cirque du Soleil Qannik, L.L.C.

STORIES ADDENDUM

NO PRIZES WILL BE AWARDED FOR, BASED ON, OR IN RELATION TO THE STORIES OR PHOTOS.

In addition to the terms set forth above, the Stories and Photos shall be subject to the following additional terms:

1. STORIES ELIGIBLE TO BE POSTED ON THE WEB SITE

An Entrant's Story may be drawn during the Sweepstakes Period and posted from September 19, 2007 to January 6, 2008 on the Sweepstakes website in addition to the first name and city of each Entrant and Photo (if submitted). The following criteria shall be considered before posting the stories on line:

  • The Story must be between 75 to 250 words;
  • The Story must be about a childhood memory;
  • The Story must be creative, original and true;
  • The Story must not in any way be discriminatory, defamatory, offensive, obscene, vulgar or contrary to good morals or prejudicial to CDS, its subsidiaries, affiliated companies, parent corporations, their respective employees, agents, representatives, directors and officers, their respective advertising and promotion agencies and any other person related in any manner whatsoever to CDS.

No prize will be awarded to the selected Stories.

2. CDS RIGHTS IN THE STORIES AND PHOTOS

By submitting a Story and/or Photo(s), each Entrant declares that he or she is the sole author and sole holder of all intellectual property rights, including the copyright in his or her submitted Story, Photo and warrants that the Story and Photo so submitted are original and do not infringe, misappropriate or violate any third-party's intellectual property, publicity and privacy rights. Accordingly, the participant undertakes to hold CDS, its subsidiaries, affiliated companies, parent corporations, their respective advertising and promotion agencies, their employees, agents, representatives, directors and officers harmless and to indemnify and defend them against any damage of any kind whatsoever that may be sustained by a third party in relation to the Story and Photo submitted by the Entrant. Furthermore, by submitting a Story and/or Photo(s), such Entrant irrevocably assigns and transfers, all his or her worldwide rights, titles and interests of any kind whatsoever, including the copyright, in, to or related to the Story and Photo submitted to CDS, for the duration of those rights and of the copyright, for use in connection with the Sweepstakes or otherwise, without any consideration. By submitting a Story and/or Photo(s), each Entrant waives, in favour of CDS or any related company, any and all moral rights, and any rights based on privacy, personality or publicity, including without limitation all copyrights, that such person may have throughout the world in or with respect to the Story and Photo, and acknowledges and agrees that his or her Story may be translated, edited and/or corrected.

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