Terms And Conditions
The Freebies.com Membership Contest (the "Contest") is open to each Freebies.com Member in Good Standing who is a legal resident of Canada (excluding Quebec), United States, Australia, New Zealand or the United Kingdom who is at least 18 years of age or the age of majority in their jurisdiction of permanent residence, whichever is greater, as of June 23, 2014. Employees, officers, and directors of Sponsor and any administrator for the Contest appointed by Sponsor ("Administrator"), or any of their respective parents, affiliates, subsidiaries, franchisees, mandataries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment, and marketing agencies, web site providers, web masters, and members of their immediate families (spouses, parents, siblings and children, regardless of where they live) and those living in the same household (whether or not related) are not eligible to enter or win. Participation constitutes entrant's full and unconditional agreement to these Official Rules and to Sponsor's and/or Administrator's decisions, which are final and binding in all matters related to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth in these Official Rules. Sponsor reserves the right to verify the eligibility of winners. A "Freebies.com Member in Good Standing" is an individual with a valid current Freebies.com membership registration who has been active in opening emails in connection with the email address registered in connection with such membership during the previous 30 day period.
The Contest is sponsored by Bricormedia Inc. ("Sponsor"), PO BOX 20068 NORTHVILLE PO Paris ON N3L4A5.
How to Enter
No Purchase Necessary. To enter the Contest: (i) access the Freebies.com website during the Contest Period; (ii) read and agree to these Official Rules; and (iii) follow precisely the corresponding registration/entry instructions. Your full name and a valid email address will be required to enter. All existing Freebies.com Members in Good Standing are automatically entered into the Contest, subject to compliance with these Official Rules.
As applicable, entries must be complete to be eligible. Incomplete entries are void. Bulk, automated, third party, stolen, lost, late, misdirected, damaged, incomplete and inaccurate entries are prohibited and will be disqualified. Multiple participants are not permitted to share the same email address. Any attempt by any participant to obtain more than the permitted number of entries by using multiple and/or different identities, forms, registrations, email addresses, logins, or any other methods will void that participant's entries, and that participant may be disqualified at Sponsor's discretion. In the event of a dispute as to any online entry the authorized account holder of the email address associated with the entry will be deemed to be the entrant. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder to the Sponsor and/or Administrator or forfeit the prize. Entries that are incomplete, corrupted, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Contest at Sponsor's/Administrator's sole and absolute discretion. All potential winners are subject to verification before any prize will be awarded. Normal Internet access, phone, and usage charges imposed by your online or phone service may apply.
Selection of Winners:
On or about each June 23 and December 23 of the Contest Period, Sponsor and/or Administrator will conduct a random drawing to select one (1) potential Prize winner ("Winner") from among all eligible entrants. The odds of winning any prize are based on the number of eligible entrants in the draw.
For Canadian Residents: Potential Winners in Canada must correctly answer a mathematical skill-testing question without aid of mechanical device or otherwise, to be administered by the Sponsor or Administrator at a time and in a manner to be determined by the Sponsor or Administrator.
Potential Winners will be notified by email and/or telephone within ten (10) days of the corresponding draw date. Except where legally prohibited, each potential Winner may at the sole discretion of Sponsor be required sign and return, within seven (7) days of being notified, an Affidavit/Declaration of Eligibility, Liability & Publicity Release (where legal) in order to claim Prize. If a potential Winner fails to sign and return the Affidavit/Declaration of Eligibility, Liability & Publicity Release within the required time period, or the prize notification is returned undeliverable, or in the event that a potential Winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate Winner selected by a random drawing from among all remaining eligible entries.
All potential Winners are subject to verification by Sponsor and/or Administrator, whose decisions are final and binding in all matters related to the Contest. An entrant is not a winner of any prize unless and until entrant's eligibility has been verified and entrant has been notified that verification is complete.
One (1) prize will be awarded (the "Prize") for each drawing, for a total of two (2) prizes during the Contest Period. Each Prize consists of one (1) gift card valued at $500 of the Winner's choice from among a list of one or more available gift cards. The approximate retail value ("ARV") of each Prize is $500. The gift cards options available are at the sole discretion of the Sponsor and may change without notice. Each gift card prize is subject to any terms and conditions attached to the gift card by the issuer. Total ARV of all prizes to be awarded is $1,000 per year of the Contest Period.
Limit one (1) prize per person and per household.
Prize Restrictions: Prizes cannot be substituted, assigned, transferred, or redeemed for cash; however, Sponsor reserves the right to make equivalent value prize substitutions at its sole discretion.
Any tax liability, including disclosure connected with the receipt or use of the Prize is the sole responsibility of the Prize Winner. Certain restrictions apply and blackout dates may apply. Any and all applicable federal, state, provincial, territorial and local taxes and all fees and expenses related to acceptance and use of prizes not specifically stated herein are the sole responsibility of the individual prize Winner.
Sponsor shall have no liability for any personal injuries, death, property damage, or other damages or expenses resulting from or arising out of any PRIZE or any aspect of A Prize Winner's acceptance or use of A Prize OR ANY THIRD PARTY's use of a prize.
Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor's reasonable control impairs or threatens to impair the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion and in the event of cancellation, prizes will be awarded in a random drawing from among all eligible entries received prior to cancellation. Sponsor, Administrator and their agencies are not responsible for lost, late, incomplete, damaged, stolen or misdirected entries; lost, interrupted, or unavailable network, server, or other connections, garbled transmissions or miscommunications, telephone transmission problems; computer or software malfunctions or damage to a user's computer equipment (software or hardware); technical failures; or other errors or malfunctions of any kind whether human, mechanical, electronic, or otherwise. Proof of sending or submission of entry will not be deemed proof of receipt by Sponsor or Administrator. Sponsor's or Administrator's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE ASSOCIATED WITH THIS CONTEST OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the entry process, the Website, and/or the legitimate operation of the Contest; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. If, for any reason, the Contest is not capable of running as planned, Sponsor may, in its sole discretion, void any suspect entries and (a) modify the Contest or suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules; or (b) award the prizes at random from among the eligible, non-suspect entries received up to the time of the impairment.
Release and Limitations of Liability:
By participating in this Contest, entrants agree that Sponsor, Administrator, and their affiliates, subsidiaries, franchisees, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, web site providers, web masters, and their respective officers, directors, employees, representatives and agents (the "Released Parties") are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Contest or receipt or use or misuse of any prize. BY PARTICIPATING IN THIS CONTEST, ENTRANTS AGREE THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, ENTRY, OR PARTICIPATION IN THIS CONTEST OR IN ANY PROMOTION RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO TRAVEL CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM.
BY PARTICIPATING IN THIS CONTEST, PARTICIPANTS AGREE THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF ANY WEBSITE OF SPONSOR OR ANY THIRD PARTY IN CONNECTION WITH THIS CONTEST OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITES.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS CONTEST, INCLUDING THE ABOVE WEB SITES AND ALL PRIZES, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
EXCEPT WHERE PROHIBITED BY LAW, WINNERS GRANT TO SPONSOR AND ADMINISTRATOR (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR), AND THOSE ACTING PURSUANT TO THEIR AUTHORITY, THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLDWIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING BUT NOT LIMITED TO THE WORLD WIDE WEB, AT ANY TIME OR TIMES, EACH WINNER'S NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, AND BIOGRAPHICAL INFORMATION FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION. ENTRANTS AGREE THAT SPONSOR SHALL OWN THE ENTRIES, WHICH WILL NOT BE ACKNOWLEDGED OR RETURNED, AND THAT SPONSOR AND ITS DESIGNEES SHALL HAVE THE PERPETUAL, WORLDWIDE RIGHT TO EDIT, PUBLISH, AND USE THE ENTRIES IN ANY WAY AND IN ANY MEDIA FOR TRADE, ADVERTISING, PROMOTIONAL, AND/OR OTHER PURPOSES AS SPONSOR AND/OR ITS DESIGNEES MAY DETERMINE WITHOUT FURTHER CONSIDERATION TO ENTRANTS OR ANY THIRD PARTY.
Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the courts of Ontario located in Toronto; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys' fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, 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 issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of Ontario, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than Ontario.
Bricormedia Inc. shall not be liable for technical, pictorial, typographical or editorial errors or omissions contained herein. Bricormedia and other trademarks and/or logos used herein are trademarks/logos of Bricormedia Inc. in Canada and/or other countries. All rights reserved.