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Void where prohibited by law. Employees, representatives and agents of Sponsor and their immediate families and household members are not eligible and may not participate in this Program. The Program is subject to all applicable federal, state, provincial and local laws, and regulations. Participation constitutes each participant's full and unconditional agreement to be legally bound by these Official Rules and Sponsor’s decisions, which are final and binding (without right of appeal) in all matters related to the Program to the extent permitted by law. Winning an award is contingent upon fulfilling all requirements set forth herein.
The award is non-transferable and non-assignable, and no substitutions will be made, except as provided herein at the sponsor’s sole discretion. The Sponsor reserves the right to substitute the award or a component thereof for any reason with an award or an award component of equal or greater value.
POTENTIAL PROGRAM QUALIFIERS ARE SUBJECT TO VERIFICATION BY THE SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING (WITHOUT RIGHT OF APPEAL) IN ALL MATTERS RELATED TO THE PROGRAM PROVIDED THE DECISION IS REASONABLE. Verification of Potential Qualifiers
The potential qualifiers will be required to sign and return to the Sponsor, by email within three (3) days of the date of the notice (sent by email), the Sponsor’s prize affidavit and acceptance form or declaration and release in order to claim his/her prize. Each potential qualifier will also be required to correctly answer a mathematical skill-testing question without mechanical or other aid (which may, in the sole and absolute discretion of the Sponsor, be administered online, by email or other electronic means, by telephone, or in the Sponsor’s form of declaration and release). If the potential qualifier: (a) cannot be contacted as set out above or if the prize or prize notification is returned as undeliverable; (b) fails to sign and return the properly executed prize affidavit and acceptance form or declaration and release within the required time period; (c) fails to correctly answer the skill-testing question; and/or (d) cannot accept the prize for any reason, then he/she will be disqualified (and will forfeit all rights to the prize).
Participation Conditions and Release
Each qualifier agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsor which are binding and final (without right of appeal) in all matters relating to this Program; (b) release and hold harmless the Sponsor and each of its respective parents, subsidiary and affiliated companies, the prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Program and all of their respective past and present officers, directors, employees, agents, successors, assigns, and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses and liability, including (except where prohibited) but not limited to, negligence and damages of any kind to persons and property, invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant's entry, creation of an entry or submission of an entry, participation in the Program, acceptance or use or misuse of prize and/or the broadcast, exploitation or use of entry; and (c) indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses and liabilities (including reasonable attorneys’ fees) arising out of or relating to an participant’s participation in the Program and/or participant’s acceptance, use or misuse of prize.
Except where prohibited by local laws, participation in the Program constitutes the qualifier’s consent to the Sponsor's and its agents' use of qualifier’s name, likeness, photograph, voice, opinions and/or hometown, state or province and country for promotional purposes in any media, worldwide, without further notice, payment or consideration and where required the participant hereby grants to the Sponsor an unlimited, worldwide, royalty-free, non-exhaustive, perpetual, irrevocable license to use qualifier’s name, likeness, photograph, voice, opinions and/or hometown, state or province and country for promotional purposes in any media, worldwide, without further notice, payment or consideration. Where prohibited the Sponsor will request qualifier’s permission to use qualifier’s name, likeness and/or photograph for promotional purposes.
To the extent permitted by law the Sponsor reserves the right, in its sole and absolute discretion and in consideration of the participants’ interests, to cancel, suspend and/or modify the Program, or any part of it (including, without limitation, Official Rules), if any fraud, technical failures or any other factor beyond the Sponsor’s reasonable control impairs the integrity or proper functioning of the Program, as determined by the Sponsor in its sole discretion. The Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. In the event of any discrepancy or inconsistency between the terms and conditions of these Official Rules and disclosures or other statements contained in any Program-related materials, the terms and conditions of these Official Rules shall prevail, govern, and control.
Limitations of Liability
The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by participants, printing errors or by any of the equipment or programming associated with or utilized in the Program; (b) technical failures of any kind (including, but not limited to, malfunctions, interruptions or disconnections in phone lines or network hardware or software); (c) unauthorized human intervention in any part of the entry process or the Program; (d) technical or human error which may occur in the administration of the Program; or (e) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from participant's participation in the Program or receipt or use or misuse of any prize where (i) the act has resulted from negligence on the part of the Sponsor and (ii) the act has resulted in death or personal injury.
Each participant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Program, or any prizes awarded shall be resolved individually, without resort to any form of class action; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Program, but in no event attorneys' fees; and (c) under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim proven, 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
All disputes, claims and causes of action arising out of or connected with this Program, or any prizes awarded, and all issues and questions concerning the construction, validity, interpretation and enforceability of these Official, or rights and obligations of the qualifiers and the Sponsor in connection with this Program, shall be governed by and shall be construed in accordance with the substantive laws of the province of Ontario and the federal laws of Canada applicable therein without regard to principles of conflicts of law. The Parties specifically agree to the venue and jurisdiction being exclusively in the federal and provincial courts situated in Toronto, Ontario, Canada.
FOR RESIDENTS OF QUÉBEC ONLY: 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 board only for the purpose of helping the parties reach a settlement.
Participant’s Personal Information
Program result can also be accessed online at: https://recognition.plexusworldwide.com/spotlights
Plexus Canada, LP, 6500 Trans-Canadian Highway, Suite 400, Pointe-Claire, Quebec H9R 0A5, Canada.