Legal

Participants agree to be bound by the Terms and Conditions. The Terms and Conditions will apply to the BlackBerry® Cashback Reward with Purchase (“Promotion”), running for the Promotion Period stated below. By entering this Promotion you are deemed to have accepted the Terms and Conditions and any applicable Promotion notices posted at www.blackberry.co.uk/devicecashbackoffer (together the “Terms and Conditions”). These Terms and Conditions will have priority over any inconsistent terms in any applicable Promotion notice.

1. PROMOTION PERIOD

The Promotion will commence at 00.00 on 1/06/10 and close at 00.00 on 31/08/10 (the "Promotion Period").

2. ELIGIBILITY

2.1  To be eligible to participate in the Promotion you must be a legal resident of Great Britain and have reached the age of eighteen (18) as at the start date of the Promotion.

2.2 Offer is only open to one representative of each company that purchases a BlackBerry® Bold™ 9700 smartphone or a BlackBerry® Curve™ 8520 smartphone from participating Resellers within the Promotional Period.

2.3  Participants who purchase (on behalf of their company) a BlackBerry® Bold™ 9700 smartphone or a BlackBerry® Curve™ 8520 smartphone from a participating Reseller (the “Recipient”) on or before 31st August 2010 shall be entitled to receive a cash credit of £25 or £15 respectively loaded on to a Mastercard Pre-Paid Card at no additional cost. To claim the reward, the participant must complete a claim form, submitting proof of their purchase, at www.blackberry-rewards.com between 15 and 45 days of the date on the invoice. All claims must be received within 45 days of the end of the Promotional Period end to be eligible for the Cashback Reward. Offer is capped at the first 500 Recipients. Mastercard Pre-Paid Card usage subject to Mastercard Pre-Paid Cardholder Agreement.

2.4  Only ten (10) Cashback Rewards per business per week can be awarded. All claims must be made by 00.00 on 14/10/10.

3. CASHBACK REWARD(S)

3.1  There are a total of 500 cashback rewards available (each a “Cashback Reward”, and collectively, “Cashback Rewards”).

3.2  Individuals will receive their Cashback Reward within SIXTY (60) days of submitting their claim.

4. GENERAL CONDITIONS

4.1  The validity of any sale is subject to verification by RIM. Any illegible, incomplete or fraudulent purchases will be disqualified.

4.2  Limitation of Liability – General

By participating in this Promotion, you agree, to the maximum extent permitted by applicable laws, to release and hold Promoter(s) and promotion administrators and their respective parent companies, affiliates, subsidiaries, officers, directors, agents, representatives, and employees (collectively, “Released Parties”), harmless from any and all liability whatsoever for any injuries, losses or damages of any kind arising from participation in or in connection with the Promotion, including, without limitation: (i) awarding, acceptance, receipt, possession, use and/or misuse of the Cashback Reward awarded herein; or (ii) participation in any related activities and travel of any kind. The above limitation of liability shall not apply to death or personal injury caused as a result of Promoter’s negligence.

4.3  Limitation of Liability – Promotion Operation

By entering the Promotion and to the maximum extent permitted by applicable laws, you release and discharge Released Parties from any and all liability resulting from: (i) late, lost, delayed, stolen, misdirected, unreadable, incorrect, inaccurate, garbled or unintelligible communications, including without limitation, entries and entry information, regardless of the method of transmission, including the failure to send a notification email and/or shipping of Cashback Reward to the Recipients; whether caused by website users or by any of the equipment or programming associated with or utilized in the Promotion; (ii) any error, omission, interruption, deletion, defect, or delay in operation or transmission on any website related to the Promotion, or for communications line failure, theft or destruction, tampering, or unauthorized access to entries and/or entry information; (iii) printing, human, typographical or other errors in any Promotion material or the administration of the Promotion; and (iv) any computer, software, website or electronic defect, error or failure regardless of reason.

4.4 Disqualification

4.4.1  Promoter reserves the right, in its sole discretion, to disqualify any individual it finds to be:

1. tampering with the operation of the Promotion or any website related to the Promotion;
2. acting in violation of the Terms and Conditions; or
3. acting in a disruptive manner, or with intent to annoy, abuse, threaten or harass any person participating in or connected with the Promotion.

4.4.2 Any attempt by any participant to obtain more than the stated number of entries by using multiple or different identities, or any other prohibited methods will void that participant’s entry and that participant may be disqualified.

4.4.3 Use of any automated system to participate is prohibited and will result in disqualification.

4.4.4 In the event of a dispute as to entries submitted by multiple users having the same email account, the authorized account subscriber of the email account used to enter the Promotion will be deemed to be the participant. For the purpose of these Terms and Conditions, the authorised account subscriber shall be the natural person who is assigned an email address by an internet access provider, online service provider or other organisation, which is responsible for assigning email addresses for the domain associated with the submitted email address. The unauthorized subscriber(s) will be disqualified.

4.4.5 Winner may be required to provide Promoter with proof of identity or that they are the authorised account subscriber of the email address associated with the winner.

4.4.6 The Promoter’s or promotion administrator’s server shall be the official time stamp for the purposes of determining the validity of any on-line entries (where applicable). Proof of submitting an on-line entry is not proof of receipt by the Promoter. The Promoter accepts no responsibility in the event that an entry fails to be submitted for any technical reason.

5. MODIFICATION

The Promoter reserves the right to cancel, withdraw, modify, terminate or temporarily suspend the Promotion in whole or in part, in its sole discretion in the event of a computer virus, computer bug, tampering, unauthorized human intervention, fraud, technical or other failure or any other cause or act beyond the reasonable control of the Promoter that could affect the administration, operation, security, fairness, integrity and/or proper conduct of the Promotion. In the event of such occurrence the Promoter will post a notice at www.blackberry.co.uk/devicecashbackoffer and shall have no liability to any entrants or third parties in such circumstances.

6. ACCEPTANCE AND SUBSTITUTION OF CASHBACK REWARDS

Cashback Rewards are as stated, non-transferable and not redeemable for cash by winners. In the unlikely event that Cashback Rewards offered are discontinued or become otherwise unavailable, the Promoter reserves the right to award a Cashback Reward of equal or greater value.

7. TAXES

The winner will be solely responsible for any and all applicable taxes and any other costs, expenses and fees which are not stated in the Terms and Conditions as included in the Cashback Reward.

8. USE OF CASHBACK REWARD(S)

You acknowledge and agree that:

1. the use of the third party products and services (including but not limited to the remote installation of BlackBerry® Enterprise Server Express) is subject to terms and conditions, including, if applicable, any license agreement provided with the third party software, hardware, products and/or services (collectively, the "Third Party Information");
2. your use of Third Party Information shall be governed by and subject to your agreement to the terms of separate Third Party Information licenses and/or agreements;
3. any Third Party Information that is provided with or without Promoter’s products and/or services is provided "as is". Promoter makes no representation, warranty or guarantee whatsoever in relation to the Third Party Information and Promoter assumes no liability whatsoever in relation to the Third Party Information even if Promoter has been advised of the possibility of such damages or can anticipate such damages;
4. the inclusion of Third Party Information herein does not imply endorsement by Promoter of the Third Party Information or the third party in any way; and
5. the Promoter does not control and is not responsible for any Third Party Information, including without limitation, the content, accuracy, intellectual property issues, compatibility, performance, trustworthiness, legality, decency, links, or any other aspect of the Third Party Information.

9. PERSONAL INFORMATION

By completing and submitting the information requested for participation in the Promotion, you consent to the collection, use, and disclosure of your personal information by the Promoter or promotion administrators on behalf of Promoter for the purposes of (i) their internal use to facilitate administration of the Promotion, (ii) if you have so elected, to allow Promoter or service providers on behalf of Promoter to provide you with information on Promoter products, services or rewards; and (iii) the purposes set out in Promoter’s Privacy Policy.  The collection, use and disclosure of any personal information you provide is subject to Promoter’s Privacy Policy which is set out at:  http://uk.blackberry.com/legal/privacy_policy.jsp.

10. GOVERNING LAW

These Terms and Conditions shall be governed by and construed under the laws of England and Wales, and any dispute under the Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of England.

11. PROMOTER

The Promoter is intuitive group, 400 Thames Valley Business Park, Reading, Berkshire, RG6 1PT.

If you have any questions regarding the operation of the Promotion please contact Melanie Leach melanie.leach@igroup-plc.com . Please ensure you state the name of the promotion in your correspondence.