THESE RULES ARE THE STANDARD TERMS AND CONDITIONS APPLICABLE TO THE CONTEST AND GIVEAWAY (EACH A “CONTEST” AND COLLECTIVELY THE “CONTESTS”) ADMINISTERED BY 1504377 ONTARIO LIMITED O/A AUDIO CONNEXION (ACX). THE CONTESTS SHALL BE CONSTRUED AND EVALUATED ACCORDING TO APPLICABLE CANADIAN LAW. NO PURCHASE IS NECESSARY. VOID IN WHOLE OR IN PART WHERE PROHIBITED BY LAW. ENTRY IN THE CONTESTS CONSTITUTES ACCEPTANCE OF THESE CONTEST RULES (THE “CONTESTS’ RULES”).
- ELIGIBILITY. To be eligible to enter the Contests, an individual must: (a) be a legal resident of Canada; (b) be of the age of majority in their province or territory of residence, or older at the time of entry; and (c) have a valid email address at the time of entry.
ACX shall have the right at any time to require proof of identity and/or eligibility to participate in the Contests. Failure to provide such proof may result in disqualification. All personal and other information requested by and supplied to ACX for the purpose of the Contests must be truthful, complete, accurate and in no way misleading. ACX shall reserve the right, in their sole discretion, to disqualify any entrant should such an entrant at any stage supply untruthful, incomplete, inaccurate or misleading personal details and/or information.
- CONTESTS’ PERIOD. The Contests entry period shall be between December 13, 2023 at 12:01 am EST to December 17, 2023 at 11:59 pm EST after which time the Contests will be closed and no other entries shall be accepted.
- HOW TO ENTER. (a) There is no purchase necessary to enter the Contests. To enter, complete and submit a Contest entry form as instructed. Entries must be received prior to the end of the Contests’ Period to be eligible for entry. (b) Limit of one (1) entry per household per Contest. In the case of multiple entries, only the first eligible entry per Contest will be considered and the remainder will be void. (c) All entries become the sole property of ACX. Entries must be received prior to the indicated Contests’ Period entry deadline. Entries will be declared invalid if they are late, illegible, incomplete, irregular, garbled or mechanically or electronically reproduced. No communication or correspondence will be exchanged with entrants except with those selected as a potential Contest winner. (d) Entries received online shall be deemed to be submitted by the authorized account holder of the e-mail address. For the purposes of these Contests’ Rules, “authorized account holder” of an e-mail address is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider or other organization responsible for assigning e-mail addresses for the domain or account associated with the submitted e-mail address. Each selected entrant may be required to provide ACX with proof that the selected entrant is the authorized account holder of the e-mail address associated with the winning entry.
- PRIZES. (a) The 3 Contest prizes are as follows: (i) SCANSONIC N10 Bookshelf Speakers with an approximate retail value of $1,100.00 Canadian dollars (CDN $1,100.00) plus shipping up to $40 Canadian dollars (CDN $40.00); (ii) BLUESOUND Node Streamer with an approximate retail value of $700.00 Canadian dollars (CDN $700.00) plus shipping up to $40 Canadian dollars (CDN $40.00); and, (iii) TEAC TN-280BTA3B Turntable with an approximate retail value of $530.00 Canadian dollars (CDN $530.00) plus shipping up to $40 Canadian dollars (CDN $40.00) and shall be announced and described on the Canuck Audio Website Forum by December 18, 2023. Winners shall not be entitled to receive the difference between the actual prize value and the approximate prize value. Winners will be contacted by ACX by email with instructions on how to claim the prize. (b) The Giveaway is a Tim Hortons gift card with a retail value of $2 Canadian dollars ($2.00) plus applicable cost of postage. (d) Prizes/Giveaways must be accepted as awarded and cannot be transferred, assigned, substituted or redeemed for cash, except at the sole discretion of ACX. Any unused portion of a prize will be forfeited and have no cash value. ACX reserves the right, in their sole discretion, to substitute a prize/giveaway of equal or greater value if a prize (or any portion thereof) cannot be awarded for any reason. (e) ACX shall not assume any liability for lost, damaged or misdirected prizes or giveaways. (f) The terms by which the gift cards may be redeemed are governed by the retailer. ACX is not responsible for administering or ensuring compliance with the terms and conditions of the gift cards.
- PRIZE CONDITIONS. (a) All incidental costs and expenses not specifically referred to herein as part of the prize description (the “Expenses”) are the sole responsibility of the prize winner where applicable. All prize elements are subject to availability and substitution. The winner shall not seek reimbursement for the Expenses from ACX.
- WINNER SELECTION FOR CONTEST. (a) Following the end of the Contests’ Period, ACX will select three (3) entrants to the Contest by a random draw from all eligible entries received during the Contest Period, unless otherwise indicated. Each entrant shall be eligible to win only one (1) prize. The odds of being selected as a potential winner are dependent upon the number of eligible entries received for the Contest. Any remaining entries will not be carried over for entry in any subsequent Contests. (b) Before being declared a winner, the selected entrant(s) shall be required to correctly answer, without assistance of any kind, whether mechanical or otherwise, a time-limited mathematical skill-testing question to be administered during a pre-arranged telephone call or by e-mail, to comply with these Contests Rules and may be required to sign and return the Release (described below). (c) If the selected entrant does not respond within three (3) business days of notification, he/she will be disqualified and will not receive a prize and another entrant may be selected (as determined by ACX in its sole discretion) until such time as an entrant satisfies the terms set out herein. ACX is not responsible for the failure for any reason whatsoever of a selected entrant to receive notification or for ACX to receive a selected entrant’s response. (d) If, as a result of an error relating to the entry process, drawing or any other aspect of the Contests, there are more selected entrants than contemplated in these Contests Rules, there will be a random draw amongst all eligible prize claimants to award the correct number of prizes.
- GIVEAWAY. (a) ACX will mail the Giveaway to all eligible entrants in January 2024.
- RELEASE. Winners (and if applicable, any guest of the winner) may be required to execute a legal agreement and release (“Release”) that confirms his or her: (i) eligibility for the Contests and compliance with these Contests’ Rules; (ii) acceptance of the prize as offered; (iii) release of ACX, and each of their respective parent companies, subsidiaries, affiliates and/or related companies and each of their employees, directors, officers, suppliers, agents, administrators, licensees, representatives, advertising, media buying and promotional agencies (collectively, the “Releasees”) from any and all liability for any loss, harm, damages, cost or expense arising out of participation in the Contests, participation in any Contest-related activity or the acceptance, use, or misuse of any prize, including but not limited to costs, injuries, losses related to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light, or from any and all claims of third parties arising therefrom; and (iv) grant to ACX of the unrestricted right to produce, reproduce, convert, publish, broadcast, communicate by telecommunication, exhibit, distribute, translate, adapt, and otherwise use or re-use his or her name, image, likeness, comments, voice and/or biography in any and all media now known or hereafter devised in connection with publicity related to the Contests. The executed Release(s) must be returned within two (2) business days of the date indicated on the accompanying letter of notification or verification as a winner, or the selected individual(s) will be disqualified and any rights he or she may have to the prize will be forfeited.
- INDEMNIFICATION BY ENTRANT. By entering a Contest, each entrant releases and holds the Releasees harmless from any and all liability for any injuries, loss or damage of any kind to the entrants or any other person, including personal injury, death, or property damage, resulting in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of any prize, participation in the Contests, any breach of the Contests Rules, or in any prize-related activity. Each entrant agrees to fully indemnify Releasees from any and all claims by third parties relating to the Contests, without limitation.
- LIMITATION OF LIABILITY. ACX assumes no responsibility or liability for lost, late, unintelligible/illegible, falsified, damaged, misdirected or incomplete entries, notifications, responses, replies or any Release, or for any computer, online, software, telephone, hardware or technical malfunctions that may occur, including but not limited to malfunctions that may affect the transmission or non-transmission of an entry. ACX is not responsible for any incorrect or inaccurate information, whether caused by website users or by any of the equipment or programming associated with or utilized in the Contests or by any technical or human error which may occur in the administration of the Contests. ACX assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. ACX is not responsible for any problems, failures or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, e-mail, players, or browsers, on account of technical problems or traffic congestion on the Internet, at any website, or on account of any combination of the foregoing or otherwise. ACX is not responsible for any injury or damage to any entrant or to any computer related to or resulting from participating or downloading materials related to the Contests. Entrant assumes liability for injuries caused or claimed to be caused by participating in the Contests, or by the acceptance, possession, use of, or failure to receive any prize. ACX assumes no responsibility or liability in the event that the Contests cannot be conducted as planned for any reason, including those reasons beyond the control of ACX, such as infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or corruption of the administration, security, fairness, integrity or proper conduct of the Contests and/or the Contests Website.
- CONDUCT. By participating in the Contests, each entrant agrees to be bound by the Contests’ Rules. Entrants further agree to be bound by the decisions of ACX, which shall be final and binding in all respects. ACX reserves the right, in their sole discretion, to disqualify any entrant found to be: (a) violating the Contests’ Rules; (b) tampering or attempting to tamper with the entry process or the operation of the Contests, the Contests Website, or any related promotional website; (c) violating the terms of service, conditions of use and/or general rules or guidelines of any ACX’s property or service; and/or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE CONTESTS’ WEBSITE OR ANY RELATED WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTESTS MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, ACX RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING BUT NOT LIMITED TO CRIMINAL PROSECUTION. If applicable, winners (and guests, if applicable) must at all times behave appropriately when taking part in the prize and observe the Contests’ Rules and any other rules or regulations in force at any prize-related locations, including but not limited to any COVID-19 requirements in force. ACX reserves the right to remove from any prize-related locations, any winner and/or guest who breaks such rules and/or fails to behave appropriately and to disqualify such winner and/or guest.
- PRIVACY / USE OF PERSONAL INFORMATION. (a) By participating in the Contests, each entrant: (i) grants to ACX the right to use his/her personal information provided when he/she enters the Contests for the purpose of administering the Contests, including but not limited to contacting and announcing the winners and coordinating the provision of the Contest prize; and, (ii) grants to ACX the right to use his/her Personal Information for publicity and promotional purposes relating to the Contests in any and all media without further compensation unless prohibited by law. (b) ACX will use each entrant’s Personal Information only for identified purposes.
- INTELLECTUAL PROPERTY. All intellectual property, including but not limited to trademarks, trade names, logos, designs, promotional materials, web pages, source code, drawings, illustrations, slogans and representations are owned by ACX and/or their affiliates. All rights are reserved. Unauthorized copying or use of any copyrighted material or intellectual property without the express written consent of its owner is strictly prohibited.
- TERMINATION. ACX reserves the right, in their sole discretion, the Contests, in whole or in part, and/or modify, amend or suspend the Contests, and/or the Contests’ Rules in any way, at any time, for any reason without prior notice.
- LAW. These are the official Contests’ Rules. The Contests is subject to applicable federal, provincial and municipal laws and regulations. The Contests’ Rules 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 ACX and/or the Contests. All issues and questions concerning the construction, validity, interpretation and enforceability of the Contests’ Rules or the rights and obligations as between the entrant and ACX in connection with the Contests shall be governed by and construed in accordance with the laws of Canada 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.
- LANGUAGE DISCREPANCY. In the event of any discrepancy or inconsistency between the terms and conditions of the Contests’ Rules and disclosures or other statements contained in any Contests-related materials, including but not limited to the Contests entry form, or point of sale, television, print or online advertising, the terms and conditions of the Contests’ Rules shall prevail, govern and control.