Terms and Conditions for the participation in the Weekly Crestock Contest Games
BY PARTICIPATING IN A WEEKLY CRESTOCK CONTEST ("CONTEST"), YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND CONDITIONS AND AGREE TO BE BOUND BY THEM AND ALL DECISIONS OF CRESTOCK CORPORATION, WHICH SHALL BE FINAL AND BINDING.
NO PURCHASE NECESSARY.
VOID WHERE PROHIBITED.
1. Eligibility and Registration
1.1 The organizer of the Contests is Crestock Corporation ("Crestock"), 3 Concorde Gate, 4th Floor, Toronto, Ontario M3C 3N7 Canada.
1.2 Participants must be a legal resident of any country in which images can be ordered from Crestock (excluding the Province of Quebec) and be the age of majority where the participant is a legal resident in order to participate in a Contest or to claim a prize(s), unless the participant barred from entering into a Contest under the laws of the country in which the participant resides.
1.3 The following are not eligible to participate in a Contest or to claim a prize(s): The employees and/or agents of Crestock or Masterfile Corporation ("Masterfile"), or their subsidiaries, affiliates, international licensees and distributors; the employees of Crestock's or Masterfile’s competitors (as determined by Crestock); any person involved in the development, production, implementation, and/or the administration of a Contest; and/or a member of the immediate family or household of any of the foregoing. For a Contest, "immediate family" means spouses, common law spouses, parents, children, siblings, and their respective spouses and common law spouses.
1.4 Crestock reserves the right to verify eligibility at any time. Any participant may be required to provide verification of eligibility.
2. How to Enter a Contest
2.1 Please refer to Crestock’s website for the specific rules and entry information relating to each Contest.
2.2 It is absolutely necessary to provide all of the information requested on the entry and registration page. Each participant can only enter each Contest once, but a participant may enter more than one Contest.
3. Prizes and Selecting a Winner(s)
3.1 Please refer to Crestock’s website for information about the prizes for each Contest, including the respective approximate retail value of each prize in US dollars.
3.2 Only eligible entries actually received by Crestock before a Contest deadline will be included in each Contest. The selected winner(s) will be determined within ten days from each respective Contest’s deadline. The odds of winning depend on the total number of entries received prior to each Contest deadline.
3.3 The selected winner(s) will be notified by email. The selected winner must respond to Crestock’s prize notification email within seven (7) days to maintain eligibility. If the selected winner does not respond within that time period or declines the prize, another participant will be selected.
3.5 The selected winner(s) hereby expressly allows Crestock and its subsidiaries, affiliates, international licensees, distributors and/or agents (the "Crestock Parties") to use and publish, in any media now known or hereafter devised, without further notice, the selected winner's(s') information, including his/her name, image, company and city, in connection with any Crestock related promotion or publicity without further consideration beyond the awarding of the prize(s).
3.6 Each selected winner(s) is deemed to acknowledge that, if and to the extent that the Crestock Parties, including suppliers, sponsors, prize manufacturers, agents and their respective directors, officers, employees and agents (collectively the "Released Parties") are legally obliged to provide a third party with details of any prize(s) claimed by or on behalf of, or paid to the selected winner(s), the Released Parties shall be entitled to do so.
3.7 The prize(s) will be shipped to the winner's(s') residence, using standard delivery. Crestock will not be responsible and will not replace prize(s) if lost, stolen or damaged after shipping.
3.8 All expenses and costs not specifically described as included in the prize(s) will be the sole responsibility of the winner(s), including, without limitation, all applicable taxes, fees, surcharges, etc. The prize(s) will be awarded "AS IS" and Crestock makes no warranty, guaranty or representation of any kind expressed or implied, (including without limitation, any implied warranty of merchantability or fitness for a particular purpose) with respect to the prize(s). Winner(s) shall bear the sole responsibility for all costs and expenses associated with or resulting from winner's(s') acceptance and use, service, or maintenance of the prize(s).
3.7 The prize(s) must be accepted as awarded and may not be assigned, transferred or converted to cash, except at Crestock's sole discretion. Crestock reserves the right to substitute a prize(s) of equal value if the prize(s) or a component of the prize(s) cannot be awarded as described. There are no cash alternatives to the prize(s).
3.8 In order for a Canadian resident to be confirmed a winner, the selected participant must correctly answer, without assistance of any kind, a time-limited, mathematical skill-testing question.
4. Personal Information
4.1 The participant agrees that the Crestock Parties may collect and use personal information of the participant in order to conduct a Contest, including without limitation, to register him/her as a participant in a Contest, to administer a Contest, to contact the participant by email should the participant be selected as a winner, to ask the participant to confirm/amend the information Crestock holds on the participant, and to provide the participant with relevant information in regards to a Contest.
4.2 The participant agrees that the Crestock Parties may also use personal information of the participant to personalize marketing or other notifications to the participant. In providing its personal data, the participant hereby consents to being contacted by the Crestock Parties in relation to all matters and for processing participant's personal information for the above purposes.
5. Term of this Contest
5.1 Crestock expressly reserves the right to cancel a Contest at any time or to replace it with another contest. Notwithstanding the foregoing, if for any reason, in Crestock's sole discretion, a Contest is not capable of running as originally planned, or as contemplated by these Terms and Conditions or if the administration, security, fairness, integrity or the proper conduct of the draw(s) and/or a Contest is corrupted or adversely affected, including, without limitation, by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, force majeure or any other causes beyond Crestock's control, Crestock reserves its right to cancel, terminate, modify, amend, extend or suspend a Contest.
6.1 By participating in a Contest, each and every participant releases and holds harmless the Released Parties from any and all liability, including without limitation, for any injuries, loss or damage of any kind to persons, including death, or property damage, resulting in whole or in part, directly or indirectly, from participation in a Contest and/or acceptance, possession, use or misuse of any prize(s). Each and every participant agrees to fully indemnify the Released Parties from any and all claims by third parties without limitation.
7. Limitation of Liability
7.1 Without limiting the generality herein, the Released Parties will not be responsible for:
7.1.1 incomplete, late, lost, stolen, delayed, damaged, misdirected, incorrect or inaccurate capture of any entry information, or for any registration information not received or processed for any reason, including any technical or human error;
7.1.2 any errors, omissions, incorrect or inaccurate information in these Terms and Conditions or other information relating to a Contest, including printing or advertising, and other equipment or programming associated with or used in connection with a Contest.
7.1.3 failure of the Internet or the Crestock Parties' websites at any time; problems or technical malfunctions of any telephone network or lines, computer on-line systems, servers, address providers, computer equipment or software; failure of any email to be transmitted or received; technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to participant's computer or to any other individual's computer related to or resulting from participating in, or downloading any material regarding a Contest or accepting a prize(s).
8. Compliance with Terms and Conditions
8.1 By participating in a Contest each participant automatically agrees to accept and abide by these Terms and Conditions. All decisions of Crestock with respect to any aspect of a Contest, including without limitation the eligibility of entries, are final and binding on each and every participant in all matters as they relate to a Contest. Crestock reserves the right at its sole discretion to disqualify any person it finds to be tampering or attempting to tamper with a Contest or the Crestock Parties' websites; violating these Terms and Conditions, acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Crestock reserves its right to modify these Terms and Conditions. Any attempts to deliberately damage the Crestock Parties' websites or to undermine the legitimate operation of a Contest is a violation of criminal and civil laws and, should such an attempt be made, the Crestock Parties reserve their right to seek remedies and damages to the fullest extent of the law.
9.1 Each and every participant agrees that any and all disputes, claims and causes of action arising out of or connected with a Contest, or any prize(s) awarded, other than the administration of a Contest or the determination of prize(s) recipients, which will remain in Crestock's sole discretion, shall be resolved individually, without resort to any form of class action, and any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in a Contest but in no event attorneys' fees, and under no circumstances will any person be permitted to obtain awards for, and each and every participant hereby waives all rights to claim, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All applicable federal, provincial or local laws and regulations apply. Restrictions, conditions, and limitations may apply.
9.1.2 Any dispute shall be governed by the laws of the province of Ontario, without regard to its conflicts of laws, and applicable Canadian law.
All tradenames, trademarks, registered trademarks, product names and company names or logos mentioned or displayed in connection with a Contest are registered or unregistered trademarks of their respective owners, and/or the property of their respective owners and are not affiliated with nor have they endorsed a Contest. The foregoing may not be used in any manner whatsoever without the express written consent of the respective owners.