Terms & Conditions
TREC BRANDS INC. CONTEST RULES
RULES & RESTRICTIONS: The following persons are not eligible to enter or win: employees (and those who reside in employees’ households whether related or not), officers and directors of TREC Brands Inc. (“Sponsor”), its parent companies, affiliates, subsidiaries, distributors, retailers, printers, advertising and promotion agencies, and any and all other companies associated with the design or execution of this promotion (collectively, the “Contest Parties” or “Releasees”).
By participating in this Contest, entrants agree to abide by and be bound by these Rules and the decisions of the Sponsor and/or its representatives, which shall be final in all matters relating to this Contest. 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, in the discretion of the Sponsor.
By participating, entrants agree to hold all Releasees harmless from any claims, losses, actions, or damages of any kind, whether actual, incidental or consequential, for injury (including but not limited to death), damages, losses or expenses arising out of or relating to an entrant’s participation in this Contest, or the acceptance, possession or use/misuse of the prize, or participation in prize-related activities (including but not limited to travel or activity related thereto), and to assume all liability therefore. The Releasees make no warranty, guaranty or representation of any kind concerning any prize and disclaim any implied warranty.
Releasees shall not be liable to winner or any other person for failure to supply the prize or any part thereof by reason of any acts of God, any actions, regulations, orders, or requests by any governmental entity, equipment failure, terrorist acts, war, fire, unusually severe weather, embargo, labour dispute or strike, labour or material shortage, transportation interruption of any kind, or any other cause.
Participants are restricted to use of ordinary and typical computer equipment and Internet access. Sponsor disclaims all liability for the inability of a participant to complete or continue an Entry due to equipment malfunction, busy lines, inadvertent disconnections, acts beyond the Sponsor’s control, or otherwise. The Sponsor disclaims any liability for failure to receive Entries due to technical difficulties or transmission errors. The Sponsor disclaims all liability for any delays, mis-delivery, loss, or failure in the delivery of any item sent by mail, courier, express, electronic transmission, or other delivery method. Releasees are not responsible for mechanical, technical, electronic, communications, telephone, computer, hardware or software errors, malfunctions or failures of any kind, including: 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. Releasees are not responsible for any other errors of any kind, whether computer, technical, typographical, printing, human or otherwise, relating to or in connection with the Contest, including, without limitations, errors which may occur in connection with the printing or advertising of this Contest, administration or execution of the Contest, the conducting of the prize drawing, the cancellation of any element of a prize, the processing of entries or in the announcement of the prize or prize winner. The Sponsor is not responsible for any injury or damage to entrant or, as applicable, to any computer related to or resulting from participating or downloading materials in this Contest. Entrant assumes liability for injuries caused or claimed to be caused by participating in the Contest, or by the acceptance, possession, use of, or failure to receive any Prize. The Sponsor assumes no responsibility or liability in the event that the Contest cannot be conducted as planned for any reason, including those reasons beyond the control of the Sponsor, such as, as applicable, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or corruption of the administration, security, fairness, integrity or proper conduct of this Contest, the Contest Website and, where applicable, any Social Media website.
In the event of a dispute regarding who submitted an Entry, Entries will be deemed to have been submitted by the authorized account holder of the email address submitted at the time of entry. “Authorized account holder” is defined as the person who is assigned an email address by an internet provider, online service provider, or other organization (e.g. business, educational institute, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. An entrant may be required to provide proof (in a form acceptable to the Sponsor — including, without limitation, government issued photo identification) that he/she is the authorized account holder of the email address associated with the selected Entry.
The Sponsor reserves the right, to withdraw, amend, terminate or suspend this Contest (or to amend these Rules) in any way, in the event of an error, technical problem, computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure or any other cause beyond the reasonable control of the Sponsor that interferes with the proper conduct of this Contest as contemplated by these Rules. Any attempt to deliberately damage any website or to undermine the legitimate operation of this Contest in any way (as determined by Sponsor in its sole and absolute discretion) is a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law. The Sponsor reserves the right to cancel, amend or suspend this Contest, or to amend these Rules, without prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind, or for any other reason.
The Sponsor reserves the right, in its sole and absolute discretion, and without prior notice, to adjust any of the dates and/or timeframes stipulated in these Rules, to the extent necessary, for purposes of verifying compliance by any entrant or Entry with these Rules, or as a result of technical problems, or in light of any other circumstances which, in the opinion of the Sponsor, in its sole and absolute discretion, affect the proper administration of the Contest as contemplated in these Rules.
All intellectual property used by the Sponsor in connection with the promotion and/or administration of the Contest, including, without limitation, all trade-marks, trade names, logos, designs, promotional materials, web pages, source code, drawings, illustrations, slogans and representations are owned (or licensed, as the case may be) by the Sponsor and/or its affiliates. All rights are reserved. Unauthorized copying or use of any such intellectual property without the express written consent of its owner is strictly prohibited.
In the event of any discrepancy or inconsistency between the terms and conditions of these English Rules and disclosures or other statements contained in any Contest-related materials, including, but not limited to: the Contest entry form, and/or point of sale, television, print or online advertising; the terms and conditions of these English Rules shall prevail, govern and control.
IN CASE OF DISPUTES: Except where prohibited by law, by participating, each entrant agrees that (1) any and all disputes, claims, and causes of action arising out of or in connection with this Promotion, or prize awarded, shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, and in no event will entrant be entitled to receive attorneys’ fees or other legal costs; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant 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.
PRIVACY CLAUSE: (a) By participating in the Contest, entrant: (i) grants to the Sponsor the right to use his/her full name, age, mailing address, telephone number and/or e-mail address and/or any other personal information provided (the “Personal Information”) for the purpose of administering the Contest, including but not limited to contacting and announcing the winners; (ii) grants to the Sponsor the right to use his/her Personal Information for publicity and promotional purposes relating to the Contest, in any and all media now known or hereafter devised, without further compensation unless prohibited by law; and (iii) acknowledges that the Sponsor may disclose his/her Personal Information to third party agents and service providers of any of the Sponsor in connection with any of the activities listed in (i) and (ii) above.
(b) Where an entrant opts-in online or on a ballot, they consent to the Sponsor’s and any of its corporate affiliate’s use of his/her Personal Information to be contacted to (i) promote draws, interactive features and contests similar to the Contest; (ii) promote opportunities to subscribe to the Sponsor’s newsletters or promotional information; (iii) be notified about programs, special events and related products or services; and (iv) be entered into other Sponsor draws and/or contests.
(c) Where an entrant opts-in online or on a ballot, they consent to the Sponsor’s disclosure of his/her Personal Information to third parties, to be contacted to (i) promote draws, interactive features and contests similar to the Contest; (ii) promote opportunities to subscribe to newsletters; (iii) be notified about programs, special events and related products or services; and (iv) be entered into other draws and/or contests.
LAW: These are the official Contest Rules. The Contest is subject to applicable federal, provincial and municipal laws and regulations. The Contest are subject to change without notice in order to comply with any applicable federal, provincial and municipal laws or the policy of any other entity having jurisdiction over the Sponsor. All issues and questions concerning the construction, validity, interpretation and enforceability of the Contest or the rights and obligations as between the entrant and the Sponsor in connection with the Contest shall be governed by and construed in accordance with the laws of the province of Ontario including procedural provisions without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction’s laws.