Site Terms and Conditions of Use
Welcome to Wavo!
A. Wavo.me General Terms and Conditions:
1. User's Acknowledgment and Acceptance of Terms
2. Description of Services
We make various services available on this site including, but not limited to, the ability to allow you to organize and share music links you find on the web from third party sources such as YouTube, Soundcloud. You can create collections of music and music videos. You can browse collections created by other people to discover new music and share those finds with followers of your own collections. You can submit music to group collections. You are responsible for providing, at your own expense, all equipment necessary to use the services, including a computer, modem, and Internet access (including payment of all fees associated with such access).
3. Registration Data and Privacy
In order to access some of the services on this Site, you will be required to use an account and password that can be obtained by completing our online registration form, which requests certain information and data ("Registration Data”). By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.
4. Conduct on Site
By posting content or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this Site, you agree that:
(i) Restrictions on Use - you will not upload, share, post, or otherwise distribute or facilitate distribution of any content that:
a. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies
b. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
c. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
d. constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
e. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
f. impersonates any person or entity, including any of our employees or representatives, or misleads other users as to your identity or the origin of any content or communication; or
g. is harmful to minors in any way; and
(ii) Grant of Rights - By posting content, or engaging in any other form of communication through the Site, you agree that we may copy, sub-license, adapt, transmit, publicly perform or display any such content to provide and/or promote the Site and/or to respond to any legal requirement, claim or threat. If our use of such content exploits any proprietary rights you may have in such material, you agree that we have an unrestricted, royalty-free, non-exclusive and perpetual worldwide right to do so. You represent and warrant that you own or otherwise control all applicable rights to the content that you post, upload, transmit or display; that the content is accurate; that use of the content you supply does not violate third party rights or the terms and conditions of any agreement you may have with a third party, and will not cause injury to any person or entity. You also agree you will defend indemnify and hold harmless wavo.me Inc and its Affiliates, officers, directors, employees, label partners, and agents, as applicable, for all claims resulting from content that you supply. You agree that any claim, loss or damage of any kind that occurs as a result of the use of any content that you upload, post, transmit, display or otherwise make available through your use of the Site, including as a result of your use of a third party website or service provided through the Site, is solely your responsibility.
In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the site may be available to you or other authorized users of the Site. You shall not interfere with anyone else’s use and enjoyment of the Site or other similar services. Users who violate systems or network security may incur criminal or civil liability.
5. Third Party Sites and Information
6. Intellectual Property Information
Copyright (c) September 1st, 2011 wavo.me Inc. All Rights Reserved.
Neither we nor our Affiliates warrant or represent that your use of content displayed on, or obtained through, this Site will not infringe the rights of third parties. See "Unauthorized Use of Content " below for a description of the procedures to be followed in the event that any party believes that content posted on this Site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
7. Unauthorized Use of Materials
Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.
We respect the intellectual property of others, and we ask you to do the same. If you or any user of this Site believes its copyright, trademark or other property rights have been infringed by a posting on this Site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed).
2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above.
3. Provide information reasonably sufficient to permit us to contact you (email address is preferred).
4. Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).
5. Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
6. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
7. Sign the paper.
8. Send the written communication to the following address:
Designated Agent for Claimed Infringement:
Contact: Conor Clarke
Address: 51 Sherbrooke W Montreal, Canada
Phone: 514 531 2766
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
8. Disclaimer of Warranties
ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the Site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandize and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the content and services available on this Site are provided "AS IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. Limitation of Liability
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN THAT EVENT, WE SHALL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND LIMITATIONS ON DAMAGES AVAILABLE AT LAW OR IN EQUITY IN SUCH PARTICULAR CIRCUMSTANCE.
Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates, officers, directors, employees and agents harmless from all liabilities, claims, and expenses, including attorneys’ fees, that arise from your use or misuse of this Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
11. Security and Password
You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.
12. Participation in Promotions
From time to time, this site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
13. E-mail, Messaging, Blogging, and Chat Services
We may make email, messaging, blogging, or chat services (collectively, "Communications") available to users of our site, either directly or through a third-party provider. We make available separate supplemental agreements characterizing the relationship between you and us that, except where expressly noted or contradictory, includes these Terms.
We may employ automated monitoring devices or techniques to protect our users from mass unsolicited communications (also known as "spam") and/or other types of electronic communications that we deem inconsistent with our business purposes. However, such devices or techniques are not perfect, and we will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.
Mailboxes may have a limited storage capacity. If you exceed the maximum permitted storage space, we may employ automated devices that delete or block email messages that exceed the limit. We will not be responsible for such deleted or blocked messages.
14. International Use
Although this Site may be accessible worldwide, we make no representation that materials on this Site are appropriate or available for use in locations outside Canada, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.
15. Termination of Use
Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
16. Governing Law
This site (excluding any linked sites) is controlled by us from our offices within Quebec, Canada. It can be accessed from all 10 provinces and 3 territories, as well as from other countries around the world. As each of these places has laws that may differ from those of Quebec, by accessing this site both of us agree that the statutes and laws of the Province of Quebec, and the federal laws of Canada applicable therein, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue any court of competent jurisdiction within Quebec with respect to such matters.
All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at [email protected], if by email, or at wavo.me Inc 51 Sherbrooke W, H2X1X2, Montreal, Canada if by conventional mail. Notices to you may be sent to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.
18. Entire Agreement
You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this site, or use of or access to this site.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
20. Contact Information
B. Wavo.me Contest Rules:
This Section B contains the official Contest Rules (“Official Rules” for all Wavo.me contests, including Remix Contests and Opening DJ Contests (collectively, the "Contest(s)").
Specific details about individual Contests, including the Contest name, dates, Sponsor, prizes and rules that are specific to each Contest may be found on the Contest specific webpages for each Contest (“Contest-Specific Terms”). All of the terms and conditions of Section A above, and any Contest-Specific Terms for the applicable Contest, apply in addition to these Official Rules. If Contest-Specific Terms conflict with these Official Rules on any matter, the Contest-Specific Terms shall govern for that particular Contest only.
No purchase is necessary to enter.
All prizes are non-transferable and no substitutions or exchanges or cash equivalents will be allowed except by the official sponsor(s) of the applicable Contest ("Sponsor"). Sponsor reserves the right to substitute prizes of equal or greater value or approximately similar features for any prize identified in the Contest Rules due to unavailability. The Sponsor for each Contest will be identified within the Contest-Specific Terms. If no Sponsor is identified, then “Sponsor” shall refer to both Wavo.me and the participating Label (if applicable). Where the Contest-Specific Terms require that entries be uploaded using a third party service (i.e. SoundCloud or YouTube), the Contest is not sponsored, endorsed, administered by or associated with such third party services, and Participant releases all third party services from any and all claims and damages or liabilities arising from or relating to such Participant’s participation in the Contest. The Sponsors have full responsibility for the Contest, and no correspondence should be directed to any third party regarding the Contest.
1. Who Can Enter?
Contest participants ("Participants") must first be registered users of Wavo.me. You are eligible if you are 18 years of age or older as of the Contest start date or are between the ages of 13 and 18 years of age and have your parent's permission. For Opening DJ Contests only, additional age restrictions may be set out in the Contest-Specific Terms if the contest involves a licensed venue.
You are not eligible to enter and will be disqualified if:
a) You are: (i) an employee, representative, agent or director of Label, Wavo.me, Sponsor and/or other prize sponsors, an advertising, promotion, judging, production or publicity agency doing business with any of the above, or any of their respective parents, subsidiaries, and affiliated companies, or a member of the immediate family (parent, children, sibling, spouse, regardless of where they live), or live in the same household of such persons (whether related or not), or of anyone connected with the production and distribution of the Contest (including a judge or jury member); (ii) an artist who has previously signed a contract with Label or Sponsor; or (iii) or an artist who is presently signed to any record label or publisher under an exclusive agreement and/or contractual arrangement which would prohibit you from participation;
b) You have not complied with these Official Rules or the final decisions of Sponsor, in Sponsor's sole discretion;
c) You are selected as the winner but fail to respond to the Sponsor in a timely manner, as determined by the Sponsor, or refuse to sign any required waiver or releases, for distribution of the winning remix, in which case the Sponsor may choose an alternate winner;
d) You have used works of music that are subject to copyrights of third parties and for which you have not obtained a license to use it for the purposes of the Contest; or
e) You reside in a location where the Contest is prohibited, either by law, regulation or prohibition, or by the Contest-Specific Rules.
2. How Do I Enter?
Fill in all the information requested on the online entry form completely. All entries must be received by the deadline specified on the entry form. Each entry should be submitted only once, and use of automatic devices to submit the same entry more than once is not permitted. Only original, complete, and timely electronic entries submitted via the electronic entry form provided on the website above, and received by the Sponsors, will be accepted. A "Participant" is considered to be a participant who provided all of the following criteria:
a) For Remix Contests:
Uploaded and titled remix;
Remixes can be uploaded via a Soundcloud or Youtube link;
Remix is in MP3 format and less than 20MB;
Parts from the original track, obtained from wavo.me, are used;
Remix is exclusive to Wavo and has not been previously published; and
Any additional musical or other works used are either: (i) original and owned and created by you; or (ii) properly licensed by you (i.e. each sample that is subject to copyright protection or licence from a third party is properly credited, and the right to use that sample has been obtained).
b) For Opening DJ Contests:
Uploaded and titled mix;
Mixes can be uploaded via a Soundcloud or Youtube link;
Mix is in MP3 format and less than 100MB; and
Any musical or other works used are either: (i) original and owned and created by you; or (ii) properly licensed by you (i.e. each sample that is subject to copyright protection or licence from a third party is properly credited, and the right to use that sample has been obtained).
Stems, parts, sound pack, or any other content downloaded from the Contest page in conjunction with a Remix Contest (the “Sponsor Stem Content”) are being provided for the purposes of the identified Contest only. No further rights are granted in the downloaded parts or sound pack or vested in you by the act of downloading the provided parts or sound pack. Sponsor may prohibit any individual from participating in the contest or winning a prize if, in Sponsor's sole discretion, Sponsor determines that said individual is attempting to undermine the legitimate operation of the contest by: cheating, deception, or other unfair practices; violation of the Official Rules; or acting in any disruptive manner during the contest.
By submitting your entry, you accept the terms of the Official Rules and agree to be bound by the decisions of the judges, which will be final.
3. License to Entries
Participant hereby grants to Sponsor (and for clarity, to Wavo.me to be posted on the Site) an irrevocable, fully-paid, perpetual world-wide license to reproduce, edit, adapt, copyright, publish, transfer, distribute, perform, stream, display and use any or all of the entries, without compensation to you or any third party. For Remix Contests, this license granted by Participant is exclusive. Entries will not be acknowledged or returned. All rights in and to the Sponsor Stem Content are reserved by the Sponsor (or copyright holder if different than Sponsor), and Participants agree that the Sponsor or copyright holder shall, from inception, own all right, title and interest in the sound recording and musical composition embodied in each entry, in perpetuity, and free from any claims by Participant. All such entries shall be deemed “works made for hire” for the Sponsor or copyright holder, and the Participants shall have no ownership rights or interest whatsoever in the applicable entry. All entrants, including the winner, will not be entitled to make their remixes derived from or incorporating the stems provided for participation in the Contest available in any way (other than as uploaded for the purposes of the Contest). Participants acknowledge that Sponsor has no obligation to use or post any entries. Participants shall own the rights to the original elements of their entries, when such original elements are separated from the Sponsor Stem Content and so long as such original elements do not infringe the Sponsors’ or copyright holders’ rights in the Sponsor Stem Content.
4. Judging Criteria
There is one selected winner for each Contest. The following sets out how a winner is selected for each Contest, unless the Contest-Specific Terms state otherwise. One winner will be selected by a judge or judges. Judge(s) shall be provided by the participating Label unless stated otherwise in the Contest-Specific Terms. Judging criteria may vary for individual Contests. Factors judges may consider include but are not limited to: feedback, tune selection, originality, demonstration of technical abilities, votes (taken into account, but not determinative), and overall positive reflection of Sponsor. Sponsor may provide additional judging criteria in the Contest-Specific Terms. The prize for each Contest is identified in the Contest-Specific Terms.
5. Winner Obligations
Winners will be notified via email and will be required to provide to Sponsor the following (by signing and returning additional supporting documentation to Sponsor within a specified time period) before Participant will be named the winner: (i) an assignment from Participant to the Sponsor of all rights of ownership, including copyright, in any such entry where required by Sponsor; (ii) an affidavit certifying that the Participant’s entry is his or her original creation and that it has not been previously published or distributed (and, for Remix Contests only, that it is exclusive to Sponsors); and (iii) proof of age and residency (i.e. copy of passport, driver’s licence, birth certificate). In the event of failure to return the above documents, if requested, in the time permitted or if notification is returned as undeliverable, Participant may, at Sponsor's sole discretion, be disqualified, in which case an alternate Participant may be selected as the winner, in Sponsor’s sole discretion. Where the winner is a minor, the parents or legal guardian of such minor will be required to sign and return the documentation referenced in this section as a condition of such minor being declared the winner.
6. Release and Indemnity
Neither Wavo.me nor Sponsor is responsible for any damages, taxes, or expenses that any Participant or winner might incur as a result of participation in any Contest or receipt of any prize. All Participants agree to release, indemnify, defend and hold harmless Wavo.me and the Sponsor, or any of their Affiliates, directors, officers, employees and representatives, from all claims, losses, liabilities and demands arising out of or in connection with (i) participation in any Contest, (ii) the downloading or accessing of Contest or entry materials, (iii) acceptance, possession, or use of any prizes, and, without limiting the generality of the above, from any loss of or damage to property or injury or death to any person while using the prize or participating in the Contest, or (iv) any claim that Participant's entry or Sponsor's use, distribution or commercialization of the entry violates any copyright, intellectual property right or other proprietary right of any party. All costs or liability connected to the redemption of the prize are solely the Participant’s. Participants agree that: (i) their contact information may be shared with Sponsor and Sponsor's representatives for the purpose of contacting Participant in connection with the Contest; and (ii) other information provided along with Participant’s entry may also be shared with the Sponsor and Wavo.me users, or made public on the Site or Wavo’s social media pages, for the purpose of implementing, administering, promoting and fulfilling the Contest.
Sponsor is under no obligation to the winners other than as expressly set forth in these Official Rules. The winners are solely responsible for all taxes and fees associated with the receipt of any prize. If for any reason a Participant's submission is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Participant's sole remedy is the opportunity to provide another entry in the applicable Contest provided the Contest has not expired.
Sponsor may revise these Official Rules, including the Contest-Specific Rules (and/or cancel, modify or suspend a Contest (including altering prizes)) without prior notice if, in its sole discretion, the Contest cannot reasonably be conducted as specified at any time, subject to any required approvals by the Regie des Alcools, des courses et des jeux du Quebec. Such changes will be posted online and you agree to be legally bound by the Official Rules as updated, modified and/or amended.
Participants agree that:
(i) any and all disputes, claims and causes of action arising out of or connected with a Contest or any prize awarded shall be resolved individually, without resorting to any form of class action, and exclusively by the courts in the province of Quebec, Canada. For Quebec residents, any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des Alcools, des courses et des jeux du Quebec for a ruling. Any litigation respecting the awarding of a prize may be submitted to the Regie only for the purpose of helping the parties reach a settlement; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering Contest(s) but Participants may not recover any attorneys' fees, costs, punitive, incidental or consequential damages; and (iii) to the extent not prohibited by applicable law, Participants waive any right to a jury trial in any forum in respect to any issue, claim or cause of action arising out of or based on the subject matter hereof. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligation of the Participant and the Sponsor in connection with a contest, shall be governed by, and construed in accordance with, the laws of the province of Quebec and the federal laws of Canada applicable therein, without giving effect to any choice of law or conflict of law rules. Failure by the Sponsor to enforce any of its rights or these Official Rules at any stage does not constitute a waiver of those rights. Participants hereby represent and warrant that they have read these Official Rules and are fully familiar with the contents.
9. Contest is void where prohibited.
Any Contest is void in whole or in part where prohibited, restricted or regulated by law.
Last updated April, 2018.