TERMS
AND CONDITIONS
1.
ELIGIBILITY
To
be eligible for this Contest, an individual must:
1.1
be a
legal resident of either Canada or the United States of America
1.2
be of
the age of majority in his/her province, territory or state of residence or
older at the time of entry.
Employees of XYNYTH Manufacturing Corp., their respective
affiliates, subsidiaries, related companies, advertising and promotional
agencies, and the household members of any of the above, are not eligible to participate
in the Contest.
The Sponsor shall have the right at any time to require proof of
identity and/or eligibility to participate in the Contest. Failure to provide
such proof may result in disqualification. All personal and other information
requested by and supplied to the Sponsor for the purpose of the Contest must be
truthful, complete, accurate and in no way misleading. The Sponsor reserves 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.
2.
CONTEST PERIOD
The Contest begins on June 1, 2021 and ends on December 15, 2021 (the "Contest Period") after which time the Contest will be closed
and no further entries shall be accepted.
3. HOW
TO ENTER
There is no purchase necessary to enter the Contest. Enter using
any of the methods of entry outlined below. No entries will be accepted by any
other means.
3.1. Enter online, complete and submit the entry form located at
www.XYNYTH.com (the "35th Year Anniversary Giveaway!" Contest). To enter online, the
entrant must provide their name, company, email address, and phone number. Phone
numbers are needed to contact the winner. You may also click
on the Like Us On Facebook icon at the XYNYTH Manufacturing Corp. facebook page for an update on the announcement of winners.
3.2. Limit of two (2) entries per person.
3.3. All entries become the sole property of the Sponsor and
none will be returned for any reason. Entries must be received no later than
the end of the Contest Period. Entries will be declared invalid if they are
late, illegible, incomplete, damaged, irregular, mutilated, forged, garbled or
mechanically or electronically reproduced.
3.4. Entries received online shall be deemed to be submitted by
the authorized account holder of the e-mail address associated with the entry.
For the purpose of the Contest 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
associated with the submitted e-mail address. Each selected entrant may be required
to provide the Sponsor with proof that the selected entrant is the authorized
account holder of the e-mail address associated with the winning entry.
4.
PRIZE
4.1. Multiple prizes to be awarded.
4.2. Winner is not entitled to monetary difference between
actual Prize value and stated approximate Prize value, if any.
4.3. Prize must be accepted as awarded and cannot be
transferred, assigned, substituted or redeemed for cash, except at the sole
discretion of the Sponsor. Any unused portion of a Prize will be forfeited and
have no cash value. The Sponsor reserves the right, in its and their sole
discretion, to substitute a prize of equal or greater value if a Prize (or any
portion thereof) cannot be awarded for any reason
5.
WINNER SELECTION
5.1. One (1) Winner shall be selected as follows:
On or about December 15, 2021 in Burnaby, BC, one (1) entrant will be
selected by a random draw from all eligible entries received during the Contest
Period. 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 by the Sponsor.
5.2. THE SELECTED ENTRANT WILL BE NOTIFIED BY TELEPHONE or
E-MAIL NO LATER THAN December 20, 2021 AND MUST RESPOND WITHIN TWO (2) BUSINESS DAYS
OF NOTIFICATION. Upon notification, the selected entrant must respond by telephone
to the contact number provided in the notification, and the selected entrant's
response must be received by the Sponsor within two (2) business days of such
notification. If the selected entrant does not respond in accordance with the
Contest Rules, he/she will be disqualified and will not receive a Prize and
another entrant may be selected in the Sponsors' sole discretion until such
time as an entrant satisfies the terms set out herein. The Sponsor is not
responsible for the failure for any reason whatsoever of a selected entrant to
receive notification or for the Sponsor to receive a selected entrant's
response.
5.3. If, as a result of an error relating to the entry process,
drawing or any other aspect of the Contest, there are more selected entrants
than contemplated in these Contest Rules, there will be a random draw amongst
all eligible Prize claimants after the Contest's closing date to award the
correct number of Prizes
5.4. RELEASE. Winner will be required to execute a legal
agreement and release ("Release") that confirms Winner's: (i)
eligibility for the Contest and compliance with these Contest Rules; (ii)
acceptance of the Prize as offered; (iii) release of each of the Sponsor and
their respective parent companies, subsidiaries, affiliates and/or related
companies and each of their employees, directors, officers, suppliers, agents,
sponsor, 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 Contest, 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
there from; and (iv) grant to the Sponsor of the unrestricted right, in the
Sponsors' collective or individual discretion, to produce, reproduce, publish,
broadcast, communicate by telecommunication, exhibit, distribute, adapt and
otherwise use or re-use the Winner's name, photograph, likeness, voice and
biography, in any and all media now known or hereafter devised, in connection
with the Contest and the promotion and exploitation thereof. The executed
Release must be returned within two (2) business days of the verification as a
Winner or the selected entrant will be disqualified and the Prize forfeited.
6.
INDEMNIFICATION BY ENTRANT
By entering the Contest, entrant releases and holds Releasees
harmless from any and all liability for any injuries, loss or damage of any
kind to the entrant 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
Contest, any breach of the Contest Rules, or in any Prize-related activity. The
entrant agrees to fully indemnify Releasees from any and all claims by third
parties relating to the Contest, without limitation.
7.
LIMITATION OF LIABILITY
The Sponsor 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. The Sponsor 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 Contest or by any
technical or human error which may occur in the administration of the Contest.
The Sponsor 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. The Sponsor 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. The Sponsor is not
responsible for any injury or damage to entrant or 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
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.
8.
CONDUCT
By participating in the Contest, each entrant agrees to be bound
by the Contest Rules, which will be posted at the Contest Website and made
available at www.XYNYTH.com
Throughout the Contest Period. Entrant further agrees to be
bound by the decisions of the Sponsor, which shall be final and binding in all
respects. The Sponsor reserves the right, in their sole discretion, to
disqualify any entrant found to be: (a) violating the Contest Rules; (b)
tampering or attempting to tamper with the entry process or the operation of
the Contest the Contest Website www.XYNYTH.com; (c) violating the terms of
service, conditions of use and/or general rules 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
CONTEST WEBSITE, XYNYTH.COM OR ANY RELATED WEBSITE OR UNDERMINE THE LEGITIMATE
OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD
SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND
DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING BUT NOT LIMITED TO
CRIMINAL PROSECUTION.
9.
PRIVACY / USE OF PERSONAL INFORMATION
9.1. By participating in the Contest, entrant: (i) grants to the
Sponsor the right to use his/her name, mailing address, telephone number, and
e-mail address ("Personal Information") for the purpose of
administering the Contest, including but not limited to contacting and
announcing the Winner; and (ii) 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) above.
9.2. By opting-in online you consent to XYNYTH Manufacturing
Corp. disclosure of your Personal Information so that you may be contacted to
promote draws and contests similar to the Contest, promote opportunities to
subscribe to newsletters or promotional clubs, and notify you about related
products or services.
9.3. The Sponsor will use the entrant's Personal Information
only for purposes identified with the opt-in consent box, and protect the
entrant's Personal Information in a manner that is consistent with the privacy
act of British Columbia.
10. INTELLECTUAL
PROPERTY
All intellectual property, including but not limited to
trade-marks, trade names, logos, designs, promotional materials, web pages,
source code, drawings, illustrations, slogans and representations are owned by the
Sponsor 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.
11. LAW
These are the official
Contest Rules. The Contest is subject to applicable federal, provincial and
municipal laws and regulations. The Contest 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 the Sponsor.
All issues and questions concerning the construction, validity, interpretation
and enforceability of the Contest Rules 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 British Columbia
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.
12. LANGUAGE
DISCREPANCY
In the event of any discrepancy or inconsistency between the
terms and conditions of the Contest Rules and disclosures or other statements
contained in any Contest-related materials, including but not limited to the
Contest entry form, or point of sale, television, print or online advertising,
the terms and conditions of the Contest Rules shall prevail, govern and
control.
Schedule "B"
I: Use of Entrant Information:
Unless otherwise permitted hereunder Entrant Information may be
used solely for the following purposes:
1. XYNYTH Manufacturing Corp. may use Entrant Information to
contact Entrant to: (i) promote draws, interactive features and contests
similar to the Contest; (ii) notify Entrants about programs and special events.