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Koodo Mobile Our Privacy Commitment to You

At Koodo Mobile 1, we respect our customers’ privacy. Our Koodo Mobile Privacy Code sets out the principles that govern the collection, use and disclosure of our customers’ personal information.2 Our Code reflects the requirements of Canada’s privacy legislation, the “Personal Information Protection and Electronic Documents Act”, and our own continuing commitment to protecting our customers’ privacy. We’re providing this brochure to inform you about our privacy practices. We want you to understand the purposes for which we collect personal information about our customers. And we want to be sure that we have your consent to continue to collect, use and disclose your personal information for those purposes. The following is a brief summary of our privacy practices.

Why we collect personal information
If you are a Koodo Mobile customer, Koodo Mobile has some basic information about you. We understand that some of this information is private, which is why we collect personal information only for the following purposes:

  1. To establish and maintain a responsible commercial relationship with you and to provide ongoing service. For example, when you apply for services, we collect information that allows us to confirm your identity and credit history so that we can accurately bill and collect for the products and services that you receive from us. We may collect credit card or bank account information if you prefer the convenience of pre-authorized payment for services.
  2. To understand your needs and preferences. We maintain a record of the products and services you receive from us, and we may ask for additional information so that we can serve you better. For example, we will ask for your email address, if you wish to pay your bills electronically.
  3. To develop, enhance, market or provide products and services. For example, we look at how our customers use our products and services, so that we can understand how to improve them. From time to time, we may review and analyze your use of our products and services to help us provide better product recommendations and special offers that we think will interest you.
  4. To manage and develop our business and operations. For example, we analyze customer usage of our networks and facilities to help us manage them efficiently and plan for future growth. Telephone calls to or from Koodo Mobile Customer Service Reps may be monitored or recorded for quality assurance purposes.
  5. To meet legal and regulatory requirements. For example, we may collect information in response to a court order, or to satisfy a request by the Canadian Radio-television and Telecommunications Commission, herein referred to as the CRTC, for information about a customer complaint and how it was resolved.

When do we disclose personal information?
There is a variety of circumstances where we may need to disclose some personal information about our customers. Here are some examples:

  1. We may disclose a customer’s personal information to a person who, in the reasonable judgment of Koodo Mobile, is seeking the information as an agent of the customer. For example, we may provide information about a customer’s account to the customer’s legal representative if we are satisfied that the individual is requesting the information on behalf of the customer.
  2. Subject to applicable CRTC regulations, customer information may be shared among Koodo Mobile and other TELUS business units to help us serve our customers better and to provide them with services from different parts of our organization.
  3. We may disclose a customer’s personal information to:
    • Another telecommunications company for the efficient and cost-effective provision of telecommunications services.
    • A company involved in supplying the customer with communications or communications directory related services.
    • A company or individual employed by Koodo Mobile to perform functions on its behalf, such as research or data processing.
    • Or an agent used by Koodo Mobile to evaluate the customer’s credit worthiness or to collect the customer’s account.
  4. Any such disclosure of a customer’s personal information outside of Koodo Mobile is made on a confidential basis with the information to be used only for the purpose for which it was disclosed.

  5. Subject to applicable CRTC regulations, we may disclose a customer’s personal information to a credit reporting agency.
  6. We may disclose a customer’s personal information to a public authority or agent of a public authority, if in the reasonable judgment of Koodo Mobile, it appears that there is imminent danger to life or property which could be avoided or minimized by disclosure of the information. If a customer calls 911, we will provide the customer’s name, address and telephone number to the emergency agency.
  7. In conjunction with special offers or programs, we may disclose customers’ personal information to our program partners, or to third-party agents responsible for administering such offers or programs. Any such disclosure is made on a confidential basis with the customer’s express consent.
  8. We may disclose a customer’s personal information to meet legal or regulatory requirements. For example, we may disclose such information in response to a court order or to a government institution if required or authorized by law.
  9. From time to time we may sell parts of our business, sell or securitize assets, or merge or amalgamate part or all of our business with other entities. Since customer and account information will normally be a part of such transactions, we may use or disclose such information to other parties included in the transaction, as part of due diligence and/or on completion of the transaction.

How do we protect your personal information?
In order to protect your personal information and your right to privacy, Koodo Mobile:

  1. Will not collect, use or disclose your personal information for any purpose other than those identified above, except with your consent.
  2. Will protect your personal information with appropriate security safeguards.
  3. Will protect the confidentiality of your personal information when dealing with other companies.
  4. Will strive to keep your personal information as accurate and up-to-date as is necessary for the purposes identified above.
  5. Will honour any request you may make for access to your personal information. Personal information collected by Koodo Mobile may be stored and processed in Canada or another country. In either case, the information is protected with appropriate security safeguards, but may be available to government agencies under applicable law.

What are your choices?
We would like to have your consent to continue to collect, use and disclose your personal information for the purposes identified above. However, we want you to know that you do have choices and can refuse or withdraw your consent as follows:

  1. You may have your name removed from our telephone, mail or email marketing lists. We use these lists to inform you of relevant products, services and special offers that may be of benefit to you.
  2. You may refuse to provide personal information to us. You may also withdraw your consent at any time, subject to legal or contractual restrictions and reasonable notice. However, in either case, this may limit our ability to serve you. Visit www.koodomobile.com/legal for more information, and to view our Koodo Mobile Privacy Code.

If you have further questions or concerns about our privacy practices, please call us at 1-866-99-KOODO or email us at privacy@koodomobilie.com. Otherwise, we will assume that we have your consent to continue to collect, use and disclose your personal information for the purposes identified above.

1 In this brochure, the words “we” or “Koodo Mobile” refer to the division of TELUS Communications Company which operates under the Koodo Mobile business name. The words “we” and “Koodo Mobile” do not include independent dealers and distributors of Koodo Mobile products and services. 2 The Koodo Mobile Privacy Code does not limit the collection, use or disclosure by Koodo Mobile of information that is publicly available. This includes: (a) a customer’s name, address, telephone number, and email address, when listed in a directory or available through directory assistance; and (b) other information about the customer that is publicly available and is specified by regulation pursuant to the “Personal Information Protection and Electronic Documents Act”. The Koodo Mobile Privacy Code does not apply to information regarding Koodo Mobile corporate customers. However, such information is protected by other Koodo Mobile policies and practices and through contractual arrangements. The Koodo Mobile Privacy Code and the privacy practices described in this brochure are subject to the provisions of all applicable legislation and regulations. © 2008 Koodo Mobile.

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Koodo Mobile’s Kick it like a Koodo-ciser Contest Rules

OPEN ONLY TO INDIVIDUAL RESIDENTS OF CANADA, WHO HAVE REACHED THE AGE OF MAJORITY ACCORDING TO THE LAWS OF THE PROVINCE WHERE THEY RESIDE, VOID OUTSIDE THE ELIGIBILITY AREA AND WHERE PROHIBITED BY LAW.

1. 1. ELIGIBILITY: The Kick it like a Koodo-ciser contest ("Contest") is open only to individual residents of Canada. Employees of Koodo Mobile, their advertising and promotional agencies and the household members of any of the above, are not eligible to participate.

2. TO ENTER: No purchase necessary. Upload a photo of you dressed like a Koodo-ciser. Submit your photo between 12:00:01 am ET on September 1st, 2008 and 11:59:59 pm ET on September 28th, 2008 ("Contest Entry Period") by following the entry process below:

(a) REGISTRATION: To register for the Contest, go to koodomobile.com/kickit. This link will take you to the Contest website, click on the photo booth image, enter the required information on the registration form and complete the registration process by clicking on the "Submit" button. Registration must be completed by 11:59:59 pm ET on September 28th, 2008 or your submission will not be eligible for the Contest. For the purposes of this Contest, your submission includes your photo and any other media or material created in connection with your submission (“Submission”).

(b) CONFIRMATION OF ENTRY: Once you have clicked on the "Submit" button, a message that reads "Well Done" should appear on your internet browser. This page confirms that your Submission has been received. Please note that, at this point, your Submission is undergoing review, and is not yet a valid entry into the Contest. Once your Submission is reviewed, you will receive a Confirmation Email at the email address supplied on your registration form. If your Submission complies with the Contest Rules, the Confirmation Email will confirm that your Submission has been accepted as an Approved Entry. If your Submission is not accepted as an Approved Entry, the Confirmation Email will detail the reason(s) why your Submission was declined. An Approved Entry is a photo that has been properly registered on the Contest website and has received a corresponding Confirmation Email from Koodo Mobile confirming that it has been accepted into the Contest as an Approved Entry. The same photo may not be registered for the Contest more than once, but there is no limit to the number of unique photos that can be submitted. Submissions that do not include all required information and/or do not comply with the Contest Rules will be considered ineligible and will be excluded from the Contest.

3. CONDITIONS OF ENTRY: As conditions of entry, and by uploading and entering a Submission for this Contest, you warrant and represent that the Submission:

  • is original and has been created in a lawful manner;
  • includes only one person in the photo;
  • does not infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party;
  • has not been entered in any previous contest(s); and
  • has not been published or distributed previously in any media.

You further warrant and represent that you own all rights to your Submission. By uploading a Submission, you irrevocably grant Koodo Mobile and its affiliates, legal representatives, assigns, agents and licensees, the unconditional and perpetual right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, exhibit and/or otherwise use or reuse (without limitation as to when or to the number of times used), your Submission, as well as to use your name, likeness, photograph ("Likeness"), and/or statements regarding your participation in this Contest (with or without using your name) in any and all media without limitation as to time or territory, and without additional compensation or approval from you or any other party. You hereby waive all intellectual property rights, privacy/publicity rights or other legal or moral rights that might preclude Koodo Mobile or its affiliate’s use of your Submission, and you agree not to sue or assert any claim against Koodo Mobile for the use of your Submission or your Likeness or statements.

You agree to indemnify and hold Koodo Mobile, its affiliates and agencies and their respective affiliates, officers, directors, agents and any of their employees (collectively, the "Indemnitees"), harmless from any and all claims, damages, expenses, costs (including reasonable lawyers' fees) and liabilities (including settlements), brought or asserted by any third party against any of the Indemnitees due to or arising out of your Submission, or your conduct in creating a Submission or otherwise in connection with this Contest, including but not limited to claims for trademark infringement, copyright infringement; violation of an individuals right of publicity or right of privacy; or defamation. You further agree to release Koodo Mobile and its affiliates from any and all claims that any advertising subsequently produced, presented, and/or prepared by or on behalf of Koodo Mobile infringes your rights with regard to any elements, characters or ideas contained in any Submission.

You also agree that you won’t be paid for your Submission or receive any form of compensation from Koodo Mobile for your participation in the Contest. You acknowledge and agree that you will not use your Submission for any purpose other than this Contest. You agree not to post your Submission in or on any public forum (including but not limited to the Internet), or elsewhere or to show or otherwise distribute your Submission to any audience or to any party other than Koodo Mobile for the purposes of this Contest.

ANY SUBMISSION THAT INFRINGES THIRD PARTY RIGHTS INCLUDING INTELLECTUAL PROPERTY RIGHTS (FOR EXAMPLE, PICTURE COPYRIGHT) OR IS OTHERWISE UNLAWFUL WILL BE EXCLUDED FROM THE CONTEST.

4. SUBMISSION FORMAT AND CONTENT REQUIREMENTS

Creative Assignment – Your Submission: You are invited to submit a photo of yourself to show how you could be featured in an upcoming Koodo Mobile advertising campaign. The Contest winner will be flown to Toronto for a photo shoot where they will have the opportunity to be featured in our next campaign.

Judging Criteria: All Submissions will be judged by Koodo Mobile on Monday, September 29th. A shortlist of 10 Submissions (“Semi Finalists”) will be contacted to ensure they are eligible to participate in the Contest and to verify their availability for the trip to Toronto for the photo shoot. The winner will be selected based on the criteria below:

  • Suitability for the next Koodo Mobile advertising campaign; and
  • Embodiment and personification of the spirit of the Koodo Mobile brand.

Technical Requirements: The suitable format for your Submission(s) is a jpeg photo.

Additional Requirements: Submissions may not contain or refer to any company/brand logos other than Koodo Mobile. All Submissions will be reviewed, however, publication of a Submission does not mean the Submission has been deemed to be an Approved Entry or in compliance with these Rules. Submissions that do not comply with these Rules or that otherwise contain prohibited, inappropriate, or irrelevant content as determined by Koodo Mobile, in its sole discretion, will be disqualified from the Contest.

5. GRAND PRIZE: There is one (1) grand prize (“Grand Prize”) available to be won by the Contest winner (“Winner”) consisting of:

  • round-trip economy airfare for the Grand Prize Winner and his/her guest (“Guest”) leaving together from the same gateway from a Canadian International airport closest to Winner’s home to Toronto, Ontario;
  • ground transportation for the Grand Prize Winner and Guest from the airport in Toronto, Ontario to location of the photo shoot; and
  • two (2) nights hotel accommodation to be selected by Koodo Mobile in its sole discretion for the Grand Prize Winner and Guest based on double occupancy.

The Grand Prize has an approximate value of $2400 dollars (CDN). Prizing value will vary depending on Winner’s place of residence and place of departure. Winner is not entitled to monetary difference between actual Prize value and stated approximate Prize value, if any. Winner and Guest must be available to travel between October 6 and October 19, 2008 (dates subject to change). Should Grand Prize Winner and Guest be unable to travel on the dates and times designated by Koodo Mobile, the Prize will be forfeited and awarded to an alternate winner. Grand Prize Winner and Guest will be responsible for transportation to and from airport (except as outlined in the Grand Prize), travel and medical insurance, travel documentation, airport improvement fees, taxes, gratuities, telephone calls, in-room charges, spending money and any other expense not explicitly included in the Grand Prize. If the Grand Prize Winner's residence is within 300 km of Toronto, a flight will not be provided. In such a case Koodo Mobile shall not be liable for any difference in Grand Prize value. All Grand Prize travel arrangements will be handled by Koodo Mobile and are subject to availability. No responsibility is assumed by Koodo Mobile or it’s affiliates for cancelled, delayed, suspended or rescheduled flights or any other event after ticketing for any reason whatsoever beyond its control, or if other factors beyond their reasonable control prevent the Grand Prize trip or any part thereof from being fulfilled. In any such event, the Grand Prize Winner will not be provided with a substitute prize or cash equivalent or any part thereof.

6. SELECTION OF WINNERS: Approved Entries will be judged by a panel of judges from Koodo Mobile who will evaluate each Approved Entry based on the judging criteria (see above). Approved Entries will then be narrowed down to 10 Semi-Finalists, from which the Winner will be determined by October 1st, 2008. All Semi-Finalists and the Grand Prize are subject to verification, including without limitation, verification of eligibility, compliance with these Rules, completion of all required documents and a personal background check. You agree that Koodo Mobile has the sole right to decide all matters and disputes arising from this Contest and that all decisions of Koodo Mobile are final and binding.

THE WINNER WILL BE NOTIFIED BY TELEPHONE AND EMAIL BY FRIDAY, OCTOBER 3rd, 2008 AT APPROX. 12:00 P.M. (NOON) EST AND MUST RESPOND WITHIN TWENTY-FOUR (24) HOURS OF NOTIFICATION in order to claim the Grand Prize. Upon notification, the selected entrant must respond by telephone to the contact number provided in the notification, and the selected entrant’s response must be received by Koodo Mobile within twenty-four (24) hours of such notification. If the selected entrant does not respond in accordance with the Contest Rules, he/she will be disqualified and will not receive the Grand Prize and another entrant may be selected, in Koodo Mobile’s sole discretion, until such time as an entrant satisfies the terms set out herein. Koodo Mobile is not responsible for the failure for any reason whatsoever of a selected entrant to receive notification or for Koodo Mobile to receive a selected entrant’s response.

7. PRIVACY: The personal information that you provide in this Contest will be used in the administration of this Contest and may be used or disclosed by Koodo Mobile and its affiliates for the purposes identified in the Koodo Mobile’s Privacy Commitment which is available at koodomobile.com/legal.

8. GENERAL CONDITIONS: Semi-Finalists will be required to irrevocably assign and transfer to Koodo Mobile any and all rights, title and interest in his/her Approved Entry, including, without limitation, all copyrights, and agree to waive all moral rights in that Approved Entry. Semi-Finalists will be required to complete, sign and return a Release and a Rights Agreement. All completed documents must be returned to Koodo Mobile within five (5) days of the date that notice was sent or Semi-Finalist status will be forfeited and an alternate Semi-Finalist may be selected. Notification of Semi-Finalist or Winner status must be kept confidential until the Approved Entries are publicly revealed by Koodo Mobile. Prizes are non-transferable. If for any reason the Contest is not capable of running as planned, including without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Koodo Mobile reserves the right, at its sole discretion to cancel, modify or terminate the Contest. Further, Koodo Mobile reserves the right, at its sole discretion, to disqualify any individual deemed to be (a) tampering or attempting to tamper with the entry process or the operation of the Contest; (b) violating the Contest Rules or (c) acting in an inappropriate or disruptive manner or with intent to annoy, abuse, threaten or harass any other person. Koodo Mobile reserves the right to require Grand Prize Winner to submit to a confidential background check to confirm eligibility as a condition of awarding the Grand Prize to help ensure that the use of any person in advertising or publicity for the Contest or otherwise will not bring Koodo Mobile or any of its affiliates into disrepute, contempt, scandal or ridicule or reflect unfavorably on the Contest or Koodo Mobile as determined by Koodo Mobile, in its sole discretion. All decisions of the Koodo Mobile contest administrators are final. Koodo Mobile reserves the right to substitute or change any aspect of the Contest or its rules or terminate or withdraw the Contest without notice at any time. The Contest is subject to all Koodo Mobile policies and all applicable federal, provincial and municipal laws.

9. 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 a prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.

10. LIMITATIONS OF LIABILITY AND RELEASE: No liability or responsibility is assumed by Koodo Mobile or its affiliates or agencies and their respective affiliates, officers, directors, agents and any of their employees resulting from your participation in or attempt to participate in the Contest or ability or inability to upload or download any information in connection with the Contest. No responsibility or liability is assumed by Koodo Mobile for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the Contest: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any email transmissions to be sent or received; lost, late, delayed or intercepted email transmissions; inaccessibility of any web site in whole or in part for any reason; traffic congestion on the Internet or any web site; unauthorized human or non-human intervention of the operation of the Contest, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Contest, or loss, miscount, misdirection, inaccessibility or unavailability of an email account used in connection with the Contest. Koodo Mobile is not responsible for any typographical errors in the announcement of the Grand Prize or these Rules, or any inaccurate or incorrect data contained on any web site. Use of koodomobile.com and the Contest website is at your own risk. Koodo Mobile is not responsible for any personal injury or property damage or losses of any kind which may be sustained to your or any other person's computer equipment resulting from participation in the Contest, use of any web site or the download of any information from koodomobile.com or the Contest website. By participating in the Contest, you release Koodo Mobile and its affiliates and agencies and their respective affiliates, officers, directors, agents and any of their employees from any and all claims, damages or liabilities arising from or relating to such participation in the Contest. By accepting the Grand Prize, the Winner agrees that Koodo Mobile shall not be liable for any loss or injury resulting from participation in the Contest, acceptance and/or participation in the Grand Prize event or any other aspect of the Contest. Koodo Mobile is not liable in the event that any portion of the Contest is cancelled due to weather, fire, strike, acts of war or terrorism, or any other condition beyond their control (a "Force Majeure Event").

© 2008 Koodo Mobile.

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ENTERING THE CONTEST

What’s the very last day you can enter the contest?
Your photo must be uploaded and registered by 11:59:59 EST on September 28, 2008. Sorry! No exceptions.

How will I know my entry has been successfully submitted?
Once you’ve uploaded your entry you should see a verification page. This page confirms that your photo has been received and submitted into the review process where it will be evaluated to ensure it complies with the Contest Rules.

How will I know my entry has been accepted into the contest?
Once your photo is reviewed, you’ll receive a confirmation email at the address you provided on the registration form. If your photo complies with all Contest Rules, the confirmation email will state that your submission has been accepted as an entry into the contest. Then you can check yourself out in the gallery on the website.

If your photo is not accepted as an entry, the confirmation email will detail the reasons why your photo was declined. You should receive the confirmation email within 1 – 2 business days of your submission date.

If my entry is declined, can I alter my photo and resubmit it?
Yes, please do! Once submitted, it will go through the review process again, and again, you’ll receive confirmation that your entry has been accepted into the contest. Then you can check yourself out in the gallery on the website.

Can I modify my photo once it has been entered into the contest?
Yes, you can. But you’ll need to resubmit it and it will be counted as a separate entry if it meets the Contest Rules.

Can I submit more than one photo?
The more the merrier. Feel free to submit as many as you want. However, your number of entries does not affect your chances of winning – only your creativity does!

What is trademark infringement?
Generally, this would be showing a company's name or logo without their permission. Wear plain clothing with no logos to avoid any problems.

What is inappropriate content?
Inappropriate content is any content that:
- is obscene, pornographic or sexually explicit
- depicts violence
- makes threats of any kind or attempts to intimidate, harass, or bully anyone
- is derogatory, demeaning, malicious, defamatory, abusive, offensive or hateful

Can a group submit a photo?
No. Your photo can only contain one person.

ELIGIBILITY

Can I submit an entry if I don't live in Canada?
Sorry, but no. We would love to accept international photos, but for legal and other practical reasons, we have to limit the contest to only those who live in Canada.

Are there age limitations to entering the contest?
You have to be the age of majority in your province of residence.

JUDGING AND VOTING

How will my entry be judged?
The 10 semi-finalists will be chosen by our panel of judges on the basis of their suitability for the next Koodo Mobile advertising campaign and their embodiment and personification of the spirit of the Koodo Mobile brand.

Who will be judging the contest?
Members of the Koodo Mobile team will be judging the contest.

When will the winner be announced?
The winner will be notified by telephone and/or email no later than Friday October 3rd 2008 at 12 p.m. EST and must respond within two (2) business days of notification.