Nintendo of America



1. Contest Period: The contest starts at 2:00 pm PT on June 18, 2008, and ends at 12:00 pm PT on August 29th, 2008, the Contest Closing Date. No purchase necessary.

2. Eligibility: This contest is open to all residents age 18 and over within the Provinces of British Columbia, Alberta, Ontario and Quebec excluding employees of Nintendo of Canada Ltd., ("Contest Sponsor"), its parent and affiliated companies, contest suppliers and judges, and those with whom such employees are domiciled. The contest is subject to all applicable federal, provincial and municipal laws and regulations.

3. How to Enter: During the Contest Period, visit or for the English version and, for the French version (the "Contest Website") to enter the Nintendo "Win the Key to Summer Fun" Contest Draw, and follow the instructions for entry. Limit one (1) entry per person per day.

4. Random Draw: A random draw will be conducted by an independent judging agency from all entries received by the Contest Closing Date at approximately 12:00 pm PT on September 3, 2008. Selected entrants will be contacted by telephone at the number listed on the entrant's online entry. If a selected entrant cannot be reached within three (3) business days of the Draw Date, incorrectly answers the skill-testing question, declines the prize or fails to return a Release of Liability as specified below, he/she will forfeit their prize and the Contest Sponsor reserves the right to randomly select another potential winner.

5. Prizes:

a) Grand Prize - There is a total of one (1) grand prize available to be won consisting of one (1) "smart fortwo coupé" automobile and one (1) Wii video game system. Total approximate retail of the grand prize is $22,280.00.

b) Secondary Prizing - There are a total of five (5) Key to Summer Fun Family Packs available to be won. Each Family Game Night Pack consists of one (1) Wii video game system, two (2) Nintendo DS portable video game systems, two (2) Wii games (of Contest Sponsor's choice), four (4) Nintendo DS games (of Contest Sponsor's choice), and one (1) Nintendo branded carrying bag. Total approximate retail value of each secondary prize is $1,190.00. Prizes are not transferable. No substitutions or exchanges (including for cash) of any prize or prize component will be permitted, except that Contest Sponsor reserves the right to substitute a prize of equal or greater value for any prize. Grand prize vehicle will be delivered to a Smart Canada dealership near winner's residence, at Contest Sponsor's option. Winner must hold a valid driver's license and will be responsible for license, insurance, registration and gas.

6. To be declared a winner, selected entrants must first correctly answer, unaided, a time-limited, mathematical skill-testing question posed by telephone at a mutually convenient time; and may also be required to return a signed release of liability and acknowledgment form. Contest judges' rulings are final and without appeal in all matters related to the Contest and the awarding of prizes.

7. By entering this Contest, entrants consent to the use of their entry, name, place of residence and/or any photograph of or that may be taken of them in publicity, advertising, and for any other commercial purposes carried out by the Contest Sponsor and/or its advertising agencies, without further notice or compensation.

8. To receive a copy of the list of the winners, send a postage-paid, self-addressed envelope on or before the Contest Closing Date to: NINTENDO "WIN THE KEY TO SUMMER FUN" CONTEST, 1054 Centre Street, P.O. Box 386, Thornhill, Ontario, L4J 8E5.

9. Odds of winning depend on the number of eligible entries received. All entries that are incomplete, illegible, damaged, irregular, have been submitted through illicit means, or do not conform to or satisfy any condition of the rules may be disqualified by the Contest Sponsor. Contest Sponsor takes no responsibility for lost, stolen, delayed, damaged, misdirected, late or destroyed entries, or for typographical or other production errors. Contest Sponsor is not responsible for any errors or omissions in printing or advertising of this Contest. All entries become the property of the Contest Sponsor and will not be returned.

10. Contest Sponsor is collecting personal data about entrants for the purpose of administering this Contest. No further informational or marketing communications will be received by entrants unless entrants provide Contest Sponsor with permission to do so. Please see Nintendo's Privacy Policy at for information on their policy towards maintaining the privacy and security of user information.

11. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed to be submitted by the "Authorized Account Holder" in whose name the e-mail account is registered, provided that person meets all eligibility criteria of this Contest. "Authorized Account Holder" shall mean the natural person assigned to an e-mail address and/or telephone number, by an Internet access provider, on-line service provider, telephone service provider or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.

12. By entering this Contest, entrants release and hold harmless Nintendo of Canada Ltd., its advertising and promotional agencies and the contest judge(s), Smart Canada Ltd., their affiliates and respective directors, officers, owners, partners, employees, agents, dealers, representatives, successors and assigns (collectively the "Releasees") from any liability in connection with this Contest or, if declared a winner, the prize(s). Before being declared a winner, entrants may be required to sign and return, within a stipulated period of time, a Declaration of Compliance with the Contest Rules and a Release of Liability. By accepting a prize, winners consent to the use by the Contest Sponsor of their name, place of residence, voice, statements, photographs or other likenesses for publicity, advertising or any other commercial purposes in any medium or format without further compensation or notice.

13. Contest Sponsor assumes no responsibility for failure of the internet or the website during the promotional period, for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, access providers, computer equipment, software, failure of any email or traffic congestion on the internet or at any website, or any combination thereof including any injury or damage to an entrant's or any other person's computer related to or resulting from playing or downloading any material in the promotion. Contest Sponsor reserves the right, subject to the approval of the Régie in Quebec, to cancel or suspend this Contest or to amend the contest rules should a virus, bug or other cause beyond their reasonable control corrupt the security or proper administration of the Contest. Any attempt to deliberately damage any web site or to undermine the legitimate operation of this promotion is a violation of criminal and civil laws. Should such an attempt be made, Contest Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law, including criminal prosecution.

14. This Contest will be run in accordance with these rules, subject to amendment by the Contest Sponsor. Contestants must comply with these rules, and will be deemed to have received and understood the rules by participating in the Contest. The terms of this Contest, as set out in these rules, are not subject to amendment or counter-offer, except as set out herein.

15. For 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 du Québec for a ruling. Any litigation respecting the awarding of a prize may be submitted to the Régie only for the purpose of helping the parties to reach a settlement.