Terms & Conditions
CONTEST TERMS AND CONDITIONS
**Submission Fee**
1. **Service Description**: The submission fee is a payment for the service of our team listening to and providing a fair review of your music.
2. **Review Process**: Upon receiving your submission, our team will carefully listen to your music and evaluate its suitability for our tournament.
3. **Notification**: If we determine that your music is not a great fit for our tournament, you will be notified accordingly.
4. **Submission Fees are non-refundable.
By submitting your music and paying the submission fee, you acknowledge and agree to these terms and conditions.
The WhozFire online artist competition platform offers you an opportunity from different creative verticals to participate in contests by showcasing your talents in a content form (Video, Images, or sound) and competing to win cash and career prizes.
By entering or participating (including voting) in a competition offered through WhozFire.com (the "Website") or the free Whozdope Application (the "Application") (each, a "Competition"), individuals accept and unconditionally agree to be bound by these terms and conditions (the "Terms and Conditions"). Winner(s) will be chosen and prizes, if any, will be awarded in accordance with these Terms and Conditions. Any violation of the Terms and Conditions may, at Sponsor's sole discretion, result in disqualification. All decisions of the Sponsor regarding this Competition are final and binding in all respects and are not subject to appeal.
These Terms and Conditions may be supplemented by additional rules applicable to the specified contest on the contest page (the "Contest Page"). Please see the Contest Page for more details. To the extent applicable, such additional rules are made a part of these Terms and Conditions and incorporated herein by reference. In case of any conflict between these general Terms and Conditions and the additional rules on the Contest Page, the additional rules on the Contest Page shall govern.
These Terms and Conditions may also be subject to additional rules such as those set out by the relevant social media platforms - please see below for more information.
GENERAL TERMS AND CONDITIONS:
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Sponsor. The Competition is hosted by WhozFire, and is sponsored by such party or parties indicated on the Contest Page (collectively, the "Sponsor"). The sponsor is typically a third party, although WhozFire may be the Sponsor in some cases
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Eligibility.
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Age. All individuals submitting entries (each an "Entrant") of the Competition must be (a) at least 18 years old, or (b) the Age of Majority in their jurisdiction of residence, (the "Age of Majority") on the earlier of (the “Threshold Date”): (i) the earliest date any Submitted Materials (as defined below) were created; and (ii) the date that the Competition began.
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Jurisdiction. This Competition is void where prohibited or otherwise restricted by applicable law or where bonding, registration, and other requirements would be required but have not been met. In particular:
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Entrants must not be from a province, state, or other jurisdiction which prohibits them from entering into contests or to meet age or other requirements (for example, minors residing in European Nations where national law prohibits minors under the age of 16 from entering into competitions may only enter the competition if they have reached the age of 16).
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Entrants must not be from Québec (Canada), Belgium, Cuba, Iran, Iraq, Italy, Myanmar, North Korea, Singapore, Sudan, Syria, Thailand, the Crimean region of Ukraine, or any other jurisdiction against which there are any relevant Canadian or U.S. sanctions.
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Promotion Entities. Employees, representatives, agents, and all other parties of Sponsor, and each of their respective parent companies, subsidiaries, affiliates, agents, and their advertising and production companies (as well as entities otherwise involved in any capacity in the development, production, distribution or implementation of competition) and any immediate family member or person residing with any of the foregoing (collectively, the "Promotion Entities"), are ineligible to participate either by submitting an entry or voting.
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How to enter.
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Submitted Materials. To enter, visit the Website or Application to complete and submit your official song submission form. You must provide all information requested, which may include photographs, videos, or any other materials as requested by Sponsor, including any Additional Materials (as defined below), (the "SubmittedMaterials") using the upload tool and instructions provided. Submitted Materials may be subject to format requirements as well as other restrictions (for example, duration of video), as set forth in the additional rules on the Contest Page.
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Consent of Others. Only the Entrant should appear in the Submitted Materials unless the Entrant has obtained the consent of other individuals (if any individual is a Minor, such individual’s parent or legal guardian) to appear in the Submitted Materials and to these Terms and Conditions. Entrants may be required to provide proof of such consent and failure to do so (or if such consent is determined by the Sponsor to be inadequate or incomplete in any respect) may result in disqualification.
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Requirements for Submitted Materials. Submitted Materials must be 100% original and not have been previously used in similar contests. Submitted Materials must not infringe or violate any right of any third party or entity, including but not limited to the copyright, right of publicity, and right of privacy. Submitted Materials may not use the intellectual property of third parties such as trademarks, music, pictures, or other material of third parties without the third party’s consent (where required). Please check with any relevant third party to make sure that you have the right to submit any material created by a third party, such as a photographer or videographer; as set forth above, the Sponsor may require proof of such consent as a condition of eligibility. Absent such consent, Submitted Material must be solely the original work product of the Entrant. Any Submitted Materials deemed to be crude, indecent, profane, offensive, vulgar, obscene or which contains nudity or pornography will be rejected at the sole and absolute discretion of the Sponsor (Offensive content includes but is not limited to hate speech of any kind; that is, material that disparages or denigrates an individual based on his/her/their race, religion, ethnicity, national origin, sexual orientation, gender/gender identification or any other personal characteristic). Submitted Materials will also be rejected in the sole discretion of the Sponsor if (a) they depict or reference the usage of alcohol, drugs, any illegal conduct, or violent or reckless behavior; (b) include any content which is irrelevant to the theme of the competition; (c) shows Sponsor in a negative light or adversely affects the goodwill and business reputation of either entity, other otherwise violates these Terms and Conditions. DO NOT INCLUDE PERSONAL INFORMATION (E.G., FULL NAME, E-MAIL ADDRESS, TELEPHONE NUMBER) IS SUBMITTED MATERIALS. For Submitted Materials that include photos or videos, such Submitted Materials will be rejected if the Sponsor determines in its sole discretion that the Entrant has overly relied on photo/video-editing software or similar programs. False, deceptive, or incomplete entries or other information provided by Entrants though the Competition may render the entry ineligible at any point in the Competition regardless of when the defect is actually discovered. While Entrants may have assistance in submitting Submitted Materials, each Entrant must otherwise complete the entry forms themselves.
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Additional Information. Sponsor reserves the right to contact an Entrant for any reason including to request resubmission of one or more of the Submitted Materials and/or to request that the Entrant submit Additional Materials (as such term is defined below). If an Entrant cannot be reached within a reasonable period of time at the contact information provided, their entry may be disqualified.
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Guidelines. The sponsor may establish additional guidelines with respect to the Submitted Materials, including respect to the quality and quantity of materials required to be submitted. By entering the Competition, you may be required to complete a consent and release to allow Sponsor and/or Promotion Entities to use your Submitted Materials. Should such a document be required, your submission shall not constitute a completed submission unless and until such consent and release have been duly executed by you and timely delivered to the Sponsor.
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Ownership of Submitted Materials. Submitted Materials become the property of the Sponsor and will not be returned. For greater certainty, Entrants retain ownership of their intellectual property in Submitted Materials but grant a license to WhozFire and Sponsor when they submit a qualifying entry to Sponsor. In particular, submission of a qualifying entry grants to Sponsor, each Promotion Entity, and each of their respective representatives and agents the right to publish, use, adapt, edit, and/or modify such entry in any way, in any and all media, without limitation and without consideration to Entrant. By submitting the Submitted Materials, you represent and warrant to Sponsor and each Promotion Entity that you have sufficient legal rights over such Submitted Materials to grant the aforementioned rights to Sponsor and each Promotion Entity. You further agree to indemnify and hold harmless Sponsor and each Promotion Entity from any and all claims of intellectual property infringement/violation of rights made by any party against Sponsor and/or a Promotion Entity for their use, possession, and/or dissemination of the Submitted Materials.
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Entry Period. Except as otherwise permitted herein, unlimited entries per person will be accepted. However, should the Sponsor determine in its sole discretion that a given Entrant has engaged in repeated, egregious or blatant violations, all entries by such individual in the corresponding competition will be declared void and they will be disqualified from the Competition and perhaps future Competitions offered on the Website and/or Application.
Social Media. If you are entering this Competition through a social media platform, additional rules may apply to your entry and your entry will be disqualified if it does not comply with such rules.
Please review the rules relevant to the applicable social media platform to ensure that your entry complies with the relevant requirements.
Mobile Devices. If you enter or participate (including voting) in a Competition using a mobile device, you are solely responsible for all wireless Internet access and other fees imposed by your wireless carrier. IT IS STRONGLY RECOMMENDED THAT YOU REVIEW YOUR WIRELESS CARRIER’S PRICING PLAN BEFORE ENTERING/PARTICIPATING VIA MOBILE DEVICE. Not all mobile devices offer the necessary service to enter/ participate in a Competition; and, wireless Internet access may not be available in all areas.
Preliminary Period.
Publication. After entering the Competition, eligible Submitted Materials will be publicly placed on the Website, the Application, or any other platform (the "Platform") as may be determined in the sole and absolute discretion of the Sponsor. Entrants may be requested to submit additional images or other materials (the "Additional Materials") for publication on the Platform. Upon submission of any Additional Materials, the Entrant agrees that such Additional Materials shall immediately constitute Submitted Materials for the purposes of these Terms and Conditions. The public placement of Submitted Materials on the Platform merely functions as Sponsor’s preliminary, non-binding determination that such Submitted Materials are eligible and in compliance with these Terms and Conditions; Sponsor reserves the right, without liability of any kind, to later conclude that Submitted Materials (or the Entrant responsible for same) are in violation of these Terms and Conditions. If publicly placed on the Platform, Entrant understands and agrees that (a) the Submitted Materials may differ from what they submitted to Sponsor when entering the Competition due to technological limitations or malfunctions; (b) Sponsor will use the Entrant’s first name, last initial (or, if provided and in compliance with Sponsor’s guidelines, the Entrant’s user name) to attribute Submitted Material to Entrant; (c) Sponsor may display Submitted Materials as well as “thumbnail” images of same in any pattern, sequence or order of Sponsor’s sole choosing which may be modified one or more times. Entrant releases indemnify and agree to hold harmless Sponsor from any and all liability in conjunction with the public placement of Submitted Materials on the Platform, regardless of underlying legal theory.
Ineligible Entries. WhozFire and/or Sponsor reserves the right to contact an Entrant for any reason. In the event that any Entrant is determined to be ineligible, she or he may be disqualified at the Sponsor's sole and absolute discretion and her or his Submitted Materials will be removed, but Sponsor is not obligated to replace her or him with another Entrant. If the Entrant does not own or control sufficient rights in the Submitted Materials to grant the requisite rights to Sponsor, the Submitted Materials in question will be removed from the Platform until such time that sufficient proof has been provided to establish copyright/intellectual property ownership. The selection of the Entrants shall be within the sole and absolute discretion of the Sponsor, whose decisions shall be final, and shall be based on the criteria listed in the additional rules on the Contest Page.
Voting and Selection of Winners.
Format of Contest. As set forth below in more detail, visitors to the Platform may have an opportunity to vote for their favorites among the eligible Entrants, and/or a panel of judges will be responsible for selecting the Winner(s) of the Competition (each, a "Winner") based on objective creative criteria, and the Competition may be held over multiple rounds. The specific format for a given Competition will be enumerated in the additional rules on the Contest Page.
Competition rounds:
Preliminary Pre-Judging Round. The sponsor will do a preliminary screen of all entries for compliance with the Terms and Conditions to determine the eligible Entrants to advance to the initial voting round. Voting begins on such date as set out on the Contest Page, and will end on the date specified in the Contest Page, or as otherwise determined by the Sponsor.
Voting Round(s). One or more rounds of voting will help determine the Winner(s), subject to such individuals' compliance with the Terms and Conditions and other applicable rules in connection with the Competition. The sponsor reserves the right to determine the number of rounds at its sole discretion. The sponsor may release information about the results of voting at any time during or following a round of voting; however, Sponsor is in no way obligated to do so. Any voting results provided by the Sponsor are subject to modification without notice or liability of any kind. IN ALL CASES, AN ENTRANT IS NOT A POTENTIAL PRIZE WINNER EVEN IF THEY HAVE THE HIGHEST VOTE TOTAL AS REFLECTED IN VOTING RESULTS; POTENTIAL PRIZE WINNERS WILL BE NOTIFIED PRIVATELY BY THE SPONSOR.
Voting. Voting for Selected Entrants shall occur in one of the following ways:
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Public Voting. During the Competition, each individual who has reached the Age of Majority as of the date of voting (each a "Voter" and collectively the "Voters") may cast up to 7 votes for the Entrant’s Submitted Material of their choice. Voters will have one free credit to vote. Qualifying votes shall only be cast in accordance with the instructions as listed on the Platform which is made a part of these Terms and Conditions and incorporated herein by reference. In case of any conflict between these Terms and Conditions and the voting instructions on the Contest Page, the voting instructions on the Contest Page shall govern.
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Panel Voting. Following Public Voting, a voting panel (each a “Panel”) will select the Winner(s) of the Competition. The winner (s) will be selected among the eligible Entrants based upon the evaluation of the Entrants' qualifications as well as the quality of the Submitted Materials. Winners are selected based on objective criteria as further detailed on the Contest Page. The rules of voting and the members of a Panel may be chosen and modified at Sponsor’s sole discretion and will be further detailed on the Contest Page. Winners may be required to provide additional information or proof of copyright and other intellectual property ownership.
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Prohibited Voting. Entrants may not vote for themselves/ their Submitted Materials "Bot" activity or any kind of robotic or automated voting mechanism is not an acceptable form of voting. If this type of false voting is detected, Sponsor reserves the right to take any action it deems necessary, including, but not limited to, initiating proceedings for fraud and/or banning the associated IP address from voting (as well as removing such “tainted” votes from the count of votes for affected Submitted Materials/Entrants in the applicable round/phase). Sponsor reserves the right to disqualify Entrants suspected of partaking in this type of activity, or any other voting activity Sponsor deems unfair in its sole and absolute discretion. Sponsor also reserves the right, at their sole and absolute discretion, to disqualify any individual they find to be tampering with the entry or voting process or the operation of the Competition. The sponsor may also prohibit such individuals from participating in future Competitions offered on the Website and/or Application.
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Voter Refunds, Rewards, and Other Incentives.
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When the Competition is based on public voting, no refunds will be issued once a vote is cast through the Platform; a vote is considered to be cast only after WhozFire has acknowledged receipt of the same. As a Voter, you are responsible for understanding this upon casting any votes in the Competition. To maintain the integrity of the Competition, there will be no exceptions to this Policy except for extraordinary circumstances as determined by the Sponsor in its sole discretion.
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Although some Competitions have a portion of their proceeds going to a specified charity, please note that purchased votes are not tax deductible (please see below).
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Entrants may not directly or indirectly offer financial or other rewards or incentives for their Voters or Panel or otherwise attempt to manipulate voting in any manner and any such offers or attempts will result in disqualification of the Entrant. Sponsor may also prohibit such Entrants from participating in future Competitions offered on the Website and/or Application.
General Criteria. Winning the Competition will not be determined by chance. The likelihood of being selected to proceed to each of the different rounds/phases of the Competition depends on the number of eligible Submitted Materials, the judging criteria for each round/phase, how well an eligible Entrant’s Submitted Material rates on each such criterion as compared to other eligible Entrants’ Submitted Materials, and the results of the voting in each round/phase.
Notification to Entrants. Eligible Entrants for each round/phase, if any, and the Winner(s), if any, will be notified by email, telephone, or other means reasonably calculated to provide notice. Entrants consent to verification by the Sponsor of all information provided by Entrants and compliance with these Terms and Conditions and any other applicable competition rules. If you are selected as a Winner, your information may also be included in a publicly available Winner's list.
Prizes.
Winner(s) will receive a prize as set out in the additional rules on the Contest Page and may be featured on the Platform or any other location, physical or electronic, by the Promotion Entities. No Winner may refer to themselves publicly in any manner that may suggest or create any confusion whatsoever that the Sponsor is endorsing or participating in any manner related to the use of the Winner’s name, logos, or fonts.
Prizes will be provided after receiving all necessary documentation in compliance with Competition eligibility and successful completion of any instructions set out by the Sponsor. The parent or legal guardian of a Winner who is a Minor must collect the prize for and on behalf of such Entrant and will be required to sign necessary documentation on the Minor’s behalf. No taxes will be withheld on behalf of the Winner or any other person who is given any prize, honorarium, or other compensation in connection with the Competition. The Promotion Entities shall not be responsible for or liable to any party on account of any applicable taxes or other charges payable on any prizes or other compensation in connection with the Competition.
Prizes will be distributed to the Winner(s) as soon as possible (typically within two (2) - six (6) months of the completion of the Competition).
Sponsors shall only be responsible for providing their portion of the prize(s) and shall not be liable where a third party does not supply all or a portion of a prize set out on the Contest Page.
Prizes must be accepted as awarded without substitution, are not transferable or for resale, and have no cash value. Whozdopeand/or Sponsor reserves the right, in its sole and absolute discretion, and for any reason whatsoever, to substitute a prize or any component of a prize without liability.
The sponsor will not be held liable for any injury, loss, or damages that could directly or indirectly incur by reason of acceptance of a prize.
The sponsor shall not be liable for any shipping or other delays in providing prizes to Winners.
Winners remain responsible for any income taxes for their prizes, whether in the form of cash or other consideration.
Participants acknowledge and agree that:
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WhozFire may cancel this Contest and/or the Series at any time and assumes no responsibility if this Contest and/or the Series does not proceed for whatever reason.
Participants release and save harmless WhozFire of all claims if this Contest and/or the Series does not proceed for whatever reason.
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If the Series does not proceed for whatever reason, WhozFire will endeavor to organize a subsequent contest for winning participants only to be eligible for up to $100,000 in prize money.
Conduct. Failure to comply with these Terms and Conditions may result in disqualification. Sponsor reserves the right, in its sole and absolute discretion, to disqualify any individual: (a) acting in any manner deemed by Sponsor to be in violation of these Terms and Conditions or the additional rules on the Contest Page; or (b) acting in any manner deemed by Sponsor to be unsportsmanlike, disruptive, and/or with intent to annoy, abuse, threaten, or harass any other person. ENTRANTS MAY NOT VOTE FOR THEMSELVES. ANY ATTEMPT BY A USER OR ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE COMPETITION IS IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND COSTS (INCLUDING WITHOUT LIMITATION, ATTORNEYS' FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
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Verification of Winner. Winners, or their parent or legal guardian, may be required to execute eligibility, release, and other documents ("Prize Claim Documents"), as may be required or permitted by law. If any Winners or their parent or legal guardian fail or refuse to accept all Prize Claim Documents within the number of days specified by the Sponsor, and in any case five (5) business days, from the such date the prize notifications were sent, the Winner may be disqualified and an alternate Winner may be determined/selected.
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Privacy and Collection of Information. By participating or voting in the Competition you consent to the collection, use, and disclosure of your information by the Promotion Entities in accordance with applicable laws and Whozdope’s Privacy Policy available on the Website. This information may include but is not limited to information including in your entry and name, address, phone number, email address, and amount paid per vote. Payments are processed through a service provider and financial information is not collected by the Sponsor. Please see Whozdope’s Privacy Policy for more information.
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DISCLAIMER AND RELEASE OF LIABILITY. SPONSOR AND PROMOTION ENTITIES ARE NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE ENTRY INFORMATION, HUMAN ERROR, TECHNICAL MALFUNCTION, FAILURES, OMISSION, INTERRUPTION, DELETION, OR DEFECT OF ANY TELEPHONE NETWORK, COMPUTER ONLINE SYSTEMS, COMPUTER EQUIPMENT, SERVERS, ACCESS PROVIDERS, OR SOFTWARE, INCLUDING ANY INJURY OR DAMAGE TO PARTICIPANT’S OR ANY OTHER PERSON’S COMPUTER RELATING TO OR RESULTING FROM PARTICIPATION IN THIS COMPETITION; INABILITY TO ACCESS THE ENTRY WEBSITE, APPLICATION (OR ANY OTHER PLATFORM) OR ANY PAGES THEREOF; THEFT; TAMPERING; DESTRUCTION; OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF ENTRIES; ENTRY SUBMISSIONS THAT ARE PROCESSED LATE OR INCORRECTLY OR ARE INCOMPLETE, GARBLED, JUMBLED, CORRUPTED, DAMAGED, INACCESSIBLE, DELAYED, MISDIRECTED OR LOST DUE TO COMPUTER OR ELECTRONIC MALFUNCTION OR TRAFFIC CONGESTION ON THE INTERNET OR ANY WEBSITE OR FOR ANY OTHER REASON. PROOF OF ENTERING INFORMATION ON THE WEBSITE OR THE APPLICATION IS NOT CONSIDERED PROOF OF DELIVERY OR RECEIPT. ALL DATES SET FORTH IN THESE TERMS AND CONDITIONS ARE APPROXIMATE. THE SPONSOR RESERVES THE RIGHT TO EXTEND OR SHORTEN ANY DEADLINES. FALSE AND/OR DECEPTIVE ENTRIES OR ACCOUNTS SHALL RENDER ENTRY INELIGIBLE.
ALL DECISIONS OF THE SPONSOR SHALL BE FINAL AND CONCLUSIVE ON ALL MATTERS RELATING TO THE COMPETITION.
ALL ENTRANTS, VOTERS, AND WINNERS RELEASE DEFEND, INDEMNIFY, AND HOLD HARMLESS SPONSOR AND PROMOTION ENTITIES FROM AND AGAINST ANY AND ALL LIABILITY WITH RESPECT TO, OR IN ANY WAY ARISING FROM, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, THIS COMPETITION, PUBLICATION OR USE OF THE SUBMITTED MATERIALS OR ADDITIONAL MATERIALS, ENTRANTS' NAMES AND LIKENESSES, AND/OR ACCEPTANCE, USE, MISUSE, LOSS, OR MISDIRECTION OF PRIZES, INCLUDING LIABILITY FOR PERSONAL INJURY, DEATH, DAMAGES, OR MONETARY LOSS.
IN NO EVENT SHALL SPONSOR OR PROMOTION ENTITIES BE LIABLE OR OBLIGATED TO AN ENTRANT, VOTER, WINNER, OR ANY THIRD PARTY IN ANY MANNER FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR INDIRECT DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST PRIZES) RELATED TO THE COMPETITION, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT PRODUCT LIABILITY, OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES IN ADVANCE OR IF THE EXCLUSIVE REMEDIES STATED HEREIN FAIL IN THEIR ESSENTIAL PURPOSE. ENTRANT/VOTER/WINNER/THIRD PARTY WAIVES ANY RIGHT TO RELIEF OTHER THAN THEIR ACTUAL COSTS OF PARTICIPATING IN THE COMPETITION (IF ANY), WITH ANY RIGHT TO INJUNCTIVE OR EQUITABLE RELIEF BEING EXPRESSLY WAIVED. THIS SECTION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING THE FAILURE OF ANY LIMITED REMEDY.
ENTRANT/VOTER/WINNER/THIRD PARTY UNDERSTAND THAT THESE TERMS AND CONDITIONS REPRESENT AN AGREED ALLOCATION OF RISK AND THE COMPETITION WOULD NOT BE POSSIBLE BUT FOR THIS AGREEMENT AND THAT SPONSOR IS RELYING ON THEIR COMPLIANCE WITH THESE TERMS AND CONDITIONS TO COMPLY WITH APPLICABLE LAW.
ALL APPLICABLE TAXES RELATING TO PARTICIPATION IN THIS CONTEST OR THE AWARDING OF THE PRIZES ARE THE RESPONSIBILITY OF THE WINNERS.
THERE ARE NO WARRANTIES EXPRESS OR IMPLIED MADE BY THE SPONSOR AND, ADDITIONALLY, NO IMPLIED INDEMNITIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPONSOR AND PROMOTION ENTITIES HEREBY DISCLAIM ANY WARRANTIES, OBLIGATIONS, LIABILITIES, RIGHTS, AND REMEDIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, ARISING BY LAW OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, INFRINGEMENT OR ANY IMPLIED INDEMNITIES. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE SPONSOR HAS NOT MADE, AND YOU ARE NOT RELYING ON, ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS TO YOU REGARDING THE VALUE OF THIS CONTEST OR THE ODDS OF YOU BECOMING A WINNER, OR ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS USED IN CONNECTION WITH THE PLATFORM. THE COMPETITION AND PLATFORM IS PROVIDED "AS-IS, WHERE-IS" WITHOUT TECHNICAL SUPPORT OF ANY KIND.
TO THE FULLEST EXTENT PERMITTED BY LAW, ALL CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE COMPETITION, OR ANY PRIZE AWARDED 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, EXCLUDING ATTORNEY'S FEES AND COURT COSTS.
Contact Information. If you have any questions or comments about the Competition as outlined above, or would like to request the name of the Winner(s), please contact Sponsor. Requests for Winner lists must be made within six (6) months of the Winner being selected. The sponsor reserves the right to not disclose any and all information.
Release of Third Parties. This Competition is not in any manner sponsored, endorsed, or administered by, or associated with, YouTube, Facebook, Instagram, or any other social media platform unless explicitly noted herein. By participating in this Competition, you agree to release the applicable social media platform from any liability in relation to your participation in the Competition.
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Terms of Use. This Competition is subject to the Terms of Use available on our website and by participating in the Contest you agree to the Terms of Use.
Force Majeure and Additional Sponsor Rights. Sponsor reserves the right to cancel, terminate, modify, or suspend in whole or in part this Competition at any time and in any way, without prior notice, for any reason in the sole discretion of Sponsor including, for example, if insufficient eligible Submitted Materials are received and/or in the event of any event beyond the reasonable control of Sponsor, including but not limited to natural disasters, epidemics, labor disputes or strikes, act of God or public enemy, equipment failures, riots or civil disturbances, terrorist activities, wars or any federal, provincial or local government laws, regulations, or orders (“Force Majeure” events).
Governing Law and Venue. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Terms and Conditions or otherwise in connection with the Competition shall be governed by, and construed in accordance with, the laws of the Province of British Columbia without giving effect to any choice of law or conflict of law rules, and (ii) irrevocably consent to the jurisdiction and venue of the federal, provincial, and local courts located in Vancouver, British Columbia. Any claim or cause of action arising out of or related to the Competition must be filed within one (1) year after such claim or cause of action arose regardless of any law to the contrary. In the event any such claim or cause of action is not filed within such one (1) year period, such claim or cause of action shall be forever barred.
Severability. If any provision of these Terms and Conditions shall be held invalid, illegal, or unenforceable, such provision shall be enforced to the maximum extent permitted by law and the Sponsor's fundamental intentions hereunder, and the remaining provisions shall not be affected or impaired, provided, however, that in such cases the parties oblige themselves to use their best efforts to achieve the purpose of the invalid provision by a new legally valid stipulation.