LEGAL (TERMS & CONDITIONS, DISCLAIMERS, ETC.)
SESQUI understands how important your privacy is. We acknowledge responsibility and accountability for the protection of personal information. We are committed to protecting your privacy and any personal information we collect about you.
Personal Information is personally identifiable information such as your name, address and e-mail address, and may include information you provide to us when you participate in or subscribe to any of our online or other meeting spaces, blogs, forums, challenges, polls and surveys, newsletters or emails, or when you attend an event or use our web site.
Personal Information collected by SESQUI may include any of the following:
- Billing and shipping address
- Email address
- Telephone number
- Answers to questions (i.e. specific questions or survey questions)
- Password and computer information (i.e. IP address, operating
- system, web browser software, screen resolution, and referrer web site)
- Credit card information, including card number, card type, cardholder name and expiration date (when you purchase products or services from us or our partners)
- Photographs, motion pictures and videos taken of you in public areas at SESQUI or at partner events
- Any content that you provide to SESQUI through the website or social media, including but not limited to, images, videos, or comments
- Personal Information from our business partners and other third parties, provided they have agreed to obtain your consent before disclosing your Personal Information to us.
Personal Information may also include information provided to us when applying for a job or volunteer position with SESQUI. Once we have identified Personal Information that has been submitted to us for such an application, we store it in a secure environment that is not shared or used other than for our staffing and administrative purposes.
Collection of Personal Information:
The purposes for which Personal Information is collected shall be identified by SESQUI at or before the time the Personal Information is collected. The collection of Personal Information shall be limited to that which is necessary for the purposes identified by SESQUI.
We collect Personal Information that is voluntarily provided to us by our customers, members, sponsors, web site users and the public in general when they contact us via telephone, e-mail, web browser, or in person (“Users”).
As mentioned above, we may collect Personal Information that Users provide to us when participating in or subscribing to any of our online or other meeting spaces, blogs, forums, challenges, polls and surveys, newsletters or emails, or when Users attend an event or use our web site. We may also collect Personal Information from our business partners and other third parties who have agreed to obtain the consent of the User.
SESQUI may also collect Personal Information through the following means:
Photographs, motion pictures and videos. Photographs, motion pictures and videos taken in public areas at events, or in our offices and locations.
Web beacons. To assess the effectiveness of promotional and marketing e-mails we send, we may attach a web beacon to the email that provides us with confirmation when the recipient opens the e-mail. This only occurs if the recipient’s computer supports such technology.
Other technical information from your computer is collected each time you request a page during a visit to our web site www.SESQUI.ca. This information is collected from your computer’s web browser to enhance your experience on our web site and may include your IP address, operating system, web browser software, screen resolution, and referrer web site.
Personal Information shall be retained only as long as necessary for the fulfilment of those identified purposes.
Consent to the collection of Personal Information:
Use of your Personal Information:
Personal Information shall not be used for purposes other than those for which it was collected, except with the consent of the User, or as required by law. SESQUI may collect Personal Information following purposes:
- To provide products and services to you, to inform you of event changes and other relevant information pertaining to your purchase(s), to bill you when you make a purchase from us, to acknowledge your support.
- To provide you with services or recognition.
- To administer your submissions and applications for our promotions, programs and events.
- For marketing purposes. We may use your contact information to send you emails about promotions, surveys, contests and special events or providing other marketing information to you. Promotional e-mails are intended to inform you of new or unique opportunities, events or special deals that are available from SESQUI. You can opt not to receive these emails from us by either clicking “unsubscribe” at the bottom of the email when you receive it or by sending an e-mail that includes your e-mail address and a request that you not receive our promotional e-mails. In addition, we may send you postal mail notifying you of promotions, surveys, contests or special events or providing other marketing information to you. You can unsubscribe from this postal mail service by sending an e-mail with “unsubscribe” in the subject line to firstname.lastname@example.org, including your e-mail address and street address. This information will only be used to remove your from our list of recipients of marketing emails and mail.
- To improve our service offerings. We monitor and analyze the use of our service offerings in order to determine which services are popular and useful to our customers, members and website visitors so that we can improve them.
- To better understand your interests. SESQUI also may prepare aggregated user statistics or information summaries to describe our services and their popularity to our business partners, sponsors and prospective stakeholders and for other lawful purposes. The aggregated User statistics and information will not contain any personally identifiable information.
- To provide a secure and safe environment for our visitors and employees.
- To co-operate with law enforcement and to protect against violations of criminal or civil laws.
- Photographic, video and film cameras are only used to (a) protect SESQUI, its customers and employees against security issues, including potential violations of civil and or criminal laws and (b) for our marketing purposes with respect to SESQUI events and services.
- We may use your personal information to respond when you submit a question or suggestion to us, or when you request assistance at SESQUI.ca.
The Personal Information you provide to us when participating in these promotions, research, collaborative initiatives and contests may be used for marketing purposes.
Disclosure of Personal Information:
Personal Information shall not be disclosed for purposes other than those for which it was collected, except with the consent of the User, or as required by law.
SESQUI does not sell or rent any Personal Information collected. SESQUI may disclose some Personal Information we collect to service providers who help us provide personalized content and advertising to Users.
SESQUI will not otherwise disclose Personal Information unless:
- User provides consent and the User is above the age of 14 (if the User are below the age of 14, we will never convey such information except for the reasons below);
- We reasonably believe such disclosure is necessary or appropriate to the operation of SESQUI.ca.
- We are required to do so pursuant to any applicable legal or governmental order, rule, or law;
- We reasonably believe that use or disclosure is necessary to prevent or lessen a serious or imminent threat to an individual’s life, health, safety, or well-being or to public health and safety; or
- We reasonably believe unlawful or improper activity has been or may be engaged and such disclosure is to aid in the investigation or prevention of such activity.
- Protection of Your Personal Information:
All information submitted to our website or email addresses is transferred to the SESQUI computer servers. During an online transaction, this information is submitted using the Secure Socket Layer (SSL) technology. SSL-enabled web browsers employ a security protocol between the client and the server computer in order to ensure that information will be transferred to the intended recipient secured servers only.
The Internet is, by its nature, inherently open and subject to interception of information. We cannot guarantee that information you provide to us over the internet or otherwise will not be intercepted by third parties while it is being communicated by means that are outside of our control.
Third-Party Social Media
SESQUI’s use of social media serves as an extension of its presence on the Internet. Social media account(s) are public and are not hosted on SESQUI servers. Users who choose to interact with the SESQUI via social media should read the terms of service and privacy policies of these third-party service providers and those of any applications used to access them.
Access to Personal Information:
We will make readily available to Users any specific information about our policies and practices relating to the management of Personal Information.
SESQUI is committed to ensuring Users’ Personal Information is as accurate, complete, and up-to-date as is necessary for the purposes for which it is to be used. Upon request, a User shall be informed of the existence, use, and disclosure of his or her Personal Information and shall be given access to that information.
Users may challenge the accuracy and completeness of the information stored by SESQUI, and have it amended as appropriate.
Resolution of Your Concerns
If you have any questions or concerns about SESQUI’s Personal Information collection, use and disclosure practices, please let us know and we will do our best to help you.
Your trust and confidence are our highest priorities.
SESQUI’s TERMS OF SERVICE (version 1.0, February 2017)
SESQUI, a non-profit corporation, maintains this web site at www.SESQUI.ca (the “Site”) to provide information to the public about our mission, learning programs and activities that support the storytelling, immersive technology and celebration of Canada. We hope you will enjoy our web site, learn about our mission, and attend events we present.
Please read these Terms of Service carefully before using the SESQUI content and services. These terms of service set forth the legally binding terms and conditions for your use of the SESQUI content and uses. You agree to be bound by these Terms of Service to the exclusion of all other terms. If you are entering into this agreement on behalf of an entity, then you represent and warrant that you are authorized to bind such entity to these Terms of Service. If you do not agree to or are uncomfortable with these Terms of Service, please do not visit the Site.
SESQUI reserves the right, at its sole discretion, to amend these Terms of Service from time to time. You are responsible for proactively checking for any changes. If you continue to use our site and services after changes have been posted, you agree to be bound by the changes.
Please respect the Site and its contents, enjoy viewing it, be educated by it, and please attend one of our events or download our apps. But please do not regard the Site as a source of content for your own use without our prior written permission.
We allow full public access to our website on a non-commercial and educational basis, on the understanding that viewers of the website will not infringe our copyright and trademark rights by taking or using the content in unauthorized or inappropriate ways, such as commercial uses without our consent, or make any use of our trademarks in any ways that falsely imply we endorse, sponsor, or are affiliated with you or your company.
All content included on this Site, such as text, graphics, logos, button icons, images, audio and video clips, and software is owned by and the property of SESQUI, or other parties that have licensed their materials to SESQUI, and is protected by Canadian and United States copyright laws. Unless otherwise stated, no material from this Site or any website owned, operated, licensed or controlled by SESQUI or its affiliates, subsidiaries, successors and assigns may be copied, reproduced, downloaded, republished, uploaded, posted, transmitted, framed, commercially exploited or distributed in any way or by any means whatsoever.
As a condition of use, you promise not to use our website, content or other uses for any purpose that is prohibited by the Terms of Services. The services (including, without limitation, any Content, or User Generated Content) is provided only for your own personal, non-commercial use. You are responsible for all of your activity in connection with the Site. By way of example, and not as a limitation, you shall not, and shall not permit any third party to: take any action, upload, download, post, submit, or otherwise distribute or facilitate distribution of any content on or through the Site, that:
- Infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity;
- Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, profane, or is engaging in any anti-social or inappropriate online behaviour;
- Constitutes unauthorized or unsolicited advertising, junk, spam or bulk e-mail (including without limitation any postings to third party social media uses which are linked to the service);
- Contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of SESQUI or any third party; or
- Impersonates any person or entity, including any employee or representative of SESQUI.
While we do not have the obligation to police and monitor user comments, we reserve the right to remove postings and/or to block users.
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Site, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Site, or (iii) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder. You shall abide by all applicable local, provincial, national and international laws and regulations.
Additionally, you shall not: (i) take any action that imposes or may impose (as determined by SESQUI in its sole discretion) an unreasonable or disproportionately large load on SESQUI’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of SESQUI or any activities conducted on the Site; (iii) bypass any measures SESQUI may use to prevent or restrict access to the SESQUI’s Services (or other accounts, computer systems or networks connected to the SESQUI’s Services); or (iv) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of SESQUI’s Services.
UNLESS OTHERWISE PROVIDED, THE MATERIALS ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SESQUI, ITS AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE, ANY INFORMATION CONTAINED THEREON OR ACCESSIBLE THEREFROM AND ANY WEBSITE WITH WHICH IT IS LINKED. SESQUI, IT’S AFFILIATES AND LICENSORS DO NOT WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON THE SITE OR THAT ITS CONTENTS WILL MEET YOUR REQUIREMENTS, THAT THE SITE, OR ITS CONTENTS, ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATIONS OF THE SESQUI NETWORK OR ITS CONTENTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS. SESQUI, ITS AFFILIATES AND LISCENSORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS AND/OR SERVICES (INCLUDING, WITHOUT LIMITATION, SERVICES FOR THE TRANSFER OF INFORMATION AND DATA) ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, SECURITY OR OTHERWISE. YOU (AND NOT SESQUI) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
User Generated Content
By submitting any content, including but not limited to, an image, video, or comment (the “Content”), to the Site, through the Site or social media, you agree to the following terms. If you do not agree with these terms, please do not submit any Content. You represent and warrant to SESQUI by submitting Content that you have the authority and the right to assign or convey the rights granted herein, and
a. That you are the owner of the Rights, you have full power and authority to agree to these terms and have not assigned or granted a licence of the Rights to any third party;
b. Although the Content need not be exclusively submitted, you warrant that the submission of the Content does not violate any agreements with third parties;
c. You have the permission to use the name and likeness of each identifiable individual person and to use such individual’s identifying or personal information;
d. That the Content is not obscene, discriminatory or racist;
e. That the Content is not libellous, slanderous or defamatory;
f. That the Content will not infringe upon any rights of privacy, publicity, contract or other rights of any person or entity;
g. Content that is inaccurate, offensive, indecent, inaccurate, objectionable, or otherwise inappropriate may be flagged and removed without notice; and
h. Your content may be modified or adapted (for example, photos may be cropped) in order to meet design and technical requirements of the Service or for any other reason.
For the purpose of these Terms of Service, “Rights” shall mean all right, title and interested in and to any copyright, or any other protectable intellectual property right arising anywhere in the world in the Content or any portion of the Content.
If you do not have the right to submit content for such use, it may subject you to liability. SESQUI will not be responsible or liable for any use of your Content by SESQUI in accordance with these Terms of Service. You will be held solely responsible and liable for your Content and conduct on the SESQUI website, uses and service.
Your content may be publicly visible throughout the SESQUI’s Service. Your Content, including your public account information such as your display or screen name or profile picture, may be indexed by third party search engines, such as Google, which may not remove it immediately (or ever), even if it is removed from the SESQUI Services.
Because other SESQUI users may have acted on your content (for example, commenting on a photo you uploaded), you may not be able to remove or edit your content once you’ve contributed it to SESQUI. We have made reasonable efforts to enable you to delete your Content and disassociate your content from you, but we cannot guarantee complete removal. You are responsible for retaining original copies of your content.
Your Rights to the Submitted Content
Your Content always belongs to you. You retain copyright and any other rights you already hold in your Content, but by uploading, posting, contributing, or otherwise providing your Content to SESQUI, you grant SESQUI a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sub-licensable and transferable license to use, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit your Content in connection with the Service and SESQUI’s (and its successors’ and assigns’) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) or the Site in any media formats and through any media channels (including, without limitation, third party services).
For clarity, the foregoing license grant to SESQUI does not affect your other ownership or license rights in your Content, including the right to grant additional licenses to the material in your Content, unless otherwise agreed in writing. We will encourage any third parties to whom we sublicense your content to attribute you, in addition to SESQUI, but you acknowledge that this may not always be possible depending on the context. By submitting Content to SESQUI, you agree to permanently waive in favour of SESQUI, your moral rights in the Content, pursuant to s.14.1(2) of the Copyright Act.
SESQUI reserves the right to remove any Content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if SESQUI is concerned that you may have violated the Terms of Service), or for no reason at all.
This brief summary of our terms of service does not limit our right to invoke any and all other applicable provisions, laws, and regulations available to us at any time. Our headquarters are in Toronto, Ontario, and the laws of the province of Ontario shall govern this agreement, as well as providing exclusive venue and jurisdiction of any disputes.
If you have any questions or concerns about these terms of service, please contact email@example.com and we will do our best to address them. Thank you for visiting www.SESQUI.ca.
SESQUI CONTEST & CHALLENGES RULES & REGULATIONS
The VIA Rail people’s Choice Contest
Official Contest Rules (the “Rules”)
NO PURCHASE NECESSARY TO ENTER OR WIN. THE CONTEST IS VALID IN CANADA ONLY (AND IS OPEN ONLY TO ELIGIBLE PERSONS, AS SPECIFIED IN THE RULES BELOW). VOID ELSEWHERE AND WHEREVER PROHIBITED. DO NOT PARTICIPATE IN THE CONTEST IF YOU DO NOT FALL WITHIN THE ELIGIBILITY REQUIREMENTS AS SET FORTH BELOW.
This Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook, Inc. (and its platform Facebook and Instagram) or Twitter Inc.. Information is being provided to the Sponsor (defined below), not to Facebook, Inc. or Twitter, Inc. Any questions, comments or complaints regarding the Contest must be directed to the Sponsor and not to Facebook, Inc. or Twitter, Inc. Your participation in this Contest must at all times comply with all applicable Facebook, Instagram and Twitter terms of service. In the event of any violation of such terms of service, the Sponsor may, in its sole and absolute discretion, disqualify you from the Contest.
- The “People’s Choice Ballot” Contest (the “Contest”) is sponsored by SESQUI, 1166A Dundas Street West, Toronto, ON M6J 1X4 (Sponsor).
Contest Dates and Times
- The Contest commences at May 4, 2017 @ 11:01 AM EST until August 16th, 2017 at 11:59 PM EST (the “Contest Period”). All entries must be received by closing date 11:59 PM EST on August 16th, 2017 (the “Contest Closing Time”). Entries submitted after the Contest Closing Time will not be accepted.
- This Contest is only open to legal residents of Canada who are over 13 years of age at the time of entry, excluding: (a) employees, directors, officers, representatives and agents of: (i) SESQUI (the “Sponsor”); (ii) any independent contest management organization appointed by the Sponsor to administer the Contest (the “Contest Administrator”); (iii) any affiliates of the Sponsor or the Contest Administrator; (iv) any of the Sponsor’s advertising, promotion and fulfilment agencies involved in the development or execution of the Contest in any way; and (v) any persons or entities involved in judging the Contest; and (b) all persons with whom those specified in (a) are domiciled or immediately related. The persons and entities specified in (a) and (b) are referred to collectively herein as the “Contest Entities”. For the purposes of these rules, two people are “immediately related” if one is the husband, wife, spouse, common-law partner, son, stepson, son-in-law, daughter, stepdaughter, daughter-in-law, sister, stepsister, sister-in-law, brother, stepbrother, brother-in-law, mother, stepmother, mother-in-law, father, stepfather or father-in-law of the other. For clarity, groups, clubs, organizations, businesses and commercial and non-commercial entities cannot enter the Contest.
- An entrant must meet the eligibility requirements set out in these Rules from the time of entry until the time he/she is confirmed a winner (if he/she becomes a winner).
How to Enter
- NO PURCHASE NECESSARY. This Contest takes place at tour event or online and requires you to have provided contact information, typically email. If you do not have internet connection, many public libraries, retail businesses and others offer free computer and internet services.
- During the Contest Period, go to SESQUI tour sites, SESQUI.ca contest area (the “Website”), or its social media extensions and sign up to make your submission.
- You must then follow the ballot instructions to fully complete the registration for the Contest (an “Entry”) and providing ballot to SESQUI staff or volunteer.
- If entering via Facebook, Instagram or Twitter, your Facebook, Instagram and Twitter account must be set to Public and you must share your email address. If you opt to NOT to eventually share your email address, you will not be allowed to create a submission and will be informed of this by the website which will then ask you to try again. Limit one (1) account profile/email address per person during the Contest Period.
- All entries are subject to verification at any time. The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility from any entrant, which proof shall be in the form required by the Sponsor. Failure to provide proof of identity and/or eligibility to the satisfaction of the Sponsor in a timely manner may result in disqualification.
How to Play
- Entrants are encouraged to participate in the contest by submitting a ballot through SESQUI tour locations.
. Each ballot submitted will result in additional entries into the contest.
- Submitting a ballot for the contest will garner an entry..
- Every additional image submitted, up to a maximum of 15, will garner an additional entry.
- If an Entrants does not initially participate in the contest due to missing information at the time of registration (whether intentional or not), they will not retroactively gain any entries. Entries can only be collected from the time they have completed all required information.
- All entries are automatically entered into the draw.
Prizes and Odds of Winning
- There are a total of ten (10) Prizes (each, a “Prize”) available to be won,, 8 prizes for each Tour Contest Locations and two contests online. The approximate value of the Prize, a limited SESQUI collector’s t-shirt and a $500 VIA rail certificate is $520. The approximate retail value of the Prize corresponds to the estimated price including applicable taxes & fees. A Prize winner will not be entitled to the difference, if any, between the actual and approximate retail value. Prizes must be accepted as awarded and have no cash value. All Prizes are non-refundable, cannot be replaced if lost or stolen and are provided on an “as is” basis, without any representation or warranty of any kind. The Sponsor reserves the right, in its sole and absolute discretion, to make substitutions of equivalent or greater kind or value in the event of the unavailability of all or part of a Prize or for any other reason whatsoever.
- Acceptance of a Prize is subject to the following terms and conditions:
- Colour, accessories, and other specifics of each Prize will be at the Sponsor’s sole discretion.
- Upon notification, each winner will personally be asked to provide address to receive the Prize from SESQUI.
- Each winner assumes any and all liability for any injury or damage caused, or claimed to be caused, by entering, participating in this Contest or use or redemption of a the Prize.
- The approximate odds of winning a Prize depends on the total number of eligible entries received during the applicable Contest Period.
- All amounts and costs related to any Prizes, including but not limited to all income, sales, use and other taxes (and the reporting thereof) imposed as a result of the award of a Prize, which are not expressly covered by the Sponsor are the responsibility of the individual winner. It is the individual winner’s responsibility to understand and abide by any federal, provincial, territorial, local or foreign tax laws that may apply to receipt of a Prize.
How Prizes are Awarded
- Ten (20) Prizes will be available to be won, during the Contest Period.The Period shall run from May 4 11:01 AM EST to Sept 1, 2017 @ 11:59 PM EST. For each Contest, ten (10) potential winners will be drawn.
- A random draw (a “Prize Draw”) to award each Prize, subject to these Rules (including verification and skill-testing question requirements) will be conducted within 5 business days after Contest Period has ended, at approximately 2:00 PM ET in Toronto, Ontario from all eligible Contest entries received during the Contest Period. Five (5) potential winners will be randomly selected in a Prize Draw for each Contest Hashtag. Each Prize Draw will be conducted by the Contest Administrator.
- If, for any reason whatsoever, by the time of a Prize Draw for each Contest tour location (collectively, the “Prize Draws”), no eligible entries have been received or there are an insufficient number of eligible entries to award all of the Prizes allocated to that Prize Draw, any un-awarded Prizes shall remain un-awarded.
- The Sponsor and/or its representatives may respond to entries on the Website or otherwise engage with Contest participants during the Contest Period, but such interactions will have no impact on the process through which Prizes are awarded in accordance with those rules.
- Each potential winner of a Prize will be notified initially by email or web connection beginning within five (5) days of the date on which his or her entry was selected as a potential winner. If the Contest Administrator is unsuccessful in its attempts to reach and speak directly with a potential winner by email, social media connection or phone after three (3) attempts over a seven (7) day period to the email address listed in that potential winner’s Entry Form, then, at the Sponsor’s sole and absolute discretion, that potential winner may be disqualified without liability to the Sponsor. In the event of such a disqualification, an alternate potential winner will be randomly selected from among the remaining eligible entries, the exact process to be determined by the Sponsor in its sole and absolute discretion, subject to these Rules. Through the winner notification process, the potential winner must confirm his/her eligibility and indicate his/her willingness to accept the applicable Prize. The potential winner will then receive official notification via email.
- Before being confirmed as a winner of a Prize, each potential winner must complete and return, within ten (10) days of date of receipt, a Declaration and Release Form (the “Declaration and Release”), which (among other things):
- confirms compliance with all Contest Rules;
- acknowledges acceptance of the Prize as awarded;
- releases the Contest Entities and each of their respective officers, directors, employees, agents, advertising and promotional agencies, counsel, marketing partners, representatives, successors and assigns (collectively, the “Releasees”) from any and all liability in connection with this Contest, the potential winner’s participation therein and the awarding and use/misuse of the Prize or any portion thereof; and
- confirms the potential winner’s consent to the publication, reproduction and/or other use of his/her name, address, voice, statements about the Contest and/or photograph and/or other likeness without further notice or compensation, in any publicity or advertisement carried out by or on behalf of the Sponsor in any manner whatsoever, including, without limitation, print, broadcast and/or the internet.
- Further, prior to being confirmed as a winner of a Prize, each potential winner must also correctly answer a mathematical skill-testing question in the Declaration and Release, without assistance of any kind, whether mechanical, electronic or otherwise.
- In the event the selected entrant is a minor, all communication will be done with a parent/legal guardian. The selected entrants will be contacted by via telephone number provided by the participant to enter the Contest, where a parent/legal guardian can be reached in order to be given the skill-testing question. Arrangements will be made for the awarding of the Prize at the time the skill-testing question is administered and correctly answered by the parent/legal guardian.
- If a potential winner fails to return the properly executed Declaration and Release within the specified time period, the Sponsor may, in its sole and absolute discretion, disqualify the potential winner, thereby forfeiting any and all rights the potential winner may have to the Prize. In the event of such a disqualification, an alternate potential winner will be randomly selected from among the remaining eligible entries, the exact process to be determined by the Sponsor in its sole and absolute discretion, subject to these Rules.
- If a selected potential winner does not meet the eligibility requirements, does not correctly answer the mathematical skill-testing question, does not complete and return the Declaration and Release, is unable or unwilling to accept the Prize as offered or elects to decline the Prize, he/she will be disqualified and an alternate potential winner will be randomly selected from among the remaining eligible entries, subject to these Rules. Any disqualified winner will not receive any alternate prize, substitution or compensation.
- Upon satisfaction of all requirements of these Rules, including, without limitation, receipt of the completed Declaration and Release, winners will be contacted to make further Prize delivery arrangements.
Additional Rules and Restrictions
- By participating in this Contest, entrants agree to abide by and be bound by these Rules and the decisions of the Sponsor and the Contest Administrator, which shall be final and binding on all entrants in all matters relating to this Contest, where applicable. In the event an entrant wins a Prize and is later found to be in violation of these Rules, he/she will be required to forfeit the Prize or to reimburse Sponsor for the stated value of the Prize if such violation is discovered after winner has used the Prize. False, fraudulent or deceptive entries or acts shall render entrants ineligible for the Prize.
- The Sponsor reserves the right to terminate or amend this Contest at any time and in any way, without prior notice to Entrants. Without limiting the foregoing, if, for any reason, the Contest is not capable of running as originally planned for any reason, the Sponsor reserves the right to cancel the Contest and conduct a random draw from all previously received eligible entries received by the Contest End Date.
- Proof of sending (regardless of method) is not proof of receipt by the Sponsor or Contest Administrator. Incomplete, altered, mutilated or garbled entries will be disqualified. The Releasees are not responsible for lost, late, misdirected, garbled, stolen, incomplete, invalid, unintelligible or damaged entries, or for entries submitted in a manner that is not expressly allowed under these Rules, or for any entry not submitted or received due to any technical error or failure, unauthorized human intervention, inaccurate capture or mis-entry of any required information, the effects of hackers, the failure of any electronic equipment, computer transmissions and/or network connections or any other reason beyond Sponsor’s reasonable control; all of which will be disqualified. The Releasees are not responsible for mechanical, technical, electronic, communications, telephone, computer, hardware or software errors, malfunctions or failures of any kind, including, without limitation: failed, incomplete, garbled or delayed transmission of online entries, traffic congestion on telephone lines, the Internet or at any website or lost or unavailable network connections which may limit an online entrant’s ability to participate in the Contest, and any injury or damage to entrant’s or any other person’s computer related to or resulting from participating in or downloading any information necessary to participate in the Contest. Entrants are restricted to use of ordinary and typical computer equipment and internet access use in respect of the Contest.
- The Releasees are not responsible for the cancellation or postponement of any component of this Contest or any associated programs and materials. The Releasees are not responsible for any other errors of any kind, whether computer, technical or typographical.
- For residents of Quebec, any litigation respecting the conduct or organization of the 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 board only for the purpose of helping the parties reach a settlement.