By participating in a contest (a “Promotion“) promoted by CAMRA BC Vancouver Branch. (“CAMRA Vancouver”) you agree to these Official Rules, which are a contract, so read them carefully before participating. Without limitation, this contract includes indemnities to the released parties from you and a limitation of your rights and remedies. The contract will refer to you as “you” or “Participant“.
The details and requirements for entry or participation in any Promotion shall be provided by CAMRA Vancouver in the discretion of CAMRA Vancouver. Participants must follow the directions provided by CAMRA Vancouver and otherwise be bound by and follow these Official Rules to be eligible to receive a prize in connection with any Promotion.
To be eligible you must be: (a) a legal resident of Canada, and (b) be at least 19 years of age to participate in a Promotion. Unless otherwise specified, a Participant must be a member of CAMRA Vancouver to be eligible to participate. Employees, officers, directors, representatives and agents of any Released Parties (defined below) and each of their respective parents, subsidiaries & affiliated companies and their immediate families and those living in their same household, whether or not related, are not eligible for any Promotion. CAMRA Vancouver will determine giveaway recipients in its sole and absolute discretion. If you have received a prize in connection with a Promotion in the last 30 days, you’re not eligible. If a Promotion prize recipient is determined to be ineligible, CAMRA Vancouver may, in its sole and absolute discretion, not give away the goods or may give the goods to the next eligible follower. You will be required to privately (through Twitter direct message, email, or other secure, private means) provide your name, address, age and other personal information necessary to receive the prize, if you are selected as a Promotion prize recipient. By participating in a Promotion, you are agree that CAMRA Vancouver may use your entry, including your name and any personal information disclosed in such entry, in future promotional material, industry reports or press activity. Promotions are subject to all applicable federal, state and local laws, rules or regulations and these Official Rules.
For and in consideration of being a Participant in the Promotion and other good and valuable consideration, the receipt of which you hereby acknowledge, you hereby confirm that any and all materials submitted by you in connection with the Promotion including, without limitation, any photographs, are and/or were created for CAMRA Vancouver and shall constitute “works made for hire” (as defined under the U.S. Copyright Act of 1976 and for the purpose of all other copyright laws throughout the world) and that CAMRA Vancouver shall be considered the author thereof and shall own all rights (under copyright and otherwise) in and to any and all such materials throughout the universe, in perpetuity, with all right to make such changes in, and such uses and exploitation thereof, for all media now known and hereafter devised, as CAMRA Vancouver may determine in its sole discretion (including without limitation the right to refrain from doing so). If it is determined that any such materials do not qualify as “works made for hire,” then you hereby irrevocably assign, transfer and convey such materials to CAMRA Vancouver to the full extent had they so qualified.
Participants may not take actions that are negligent, injurious or reckless in pursuit of any prize offered in connection with a Promotion. Participants who do not follow this rule or who otherwise participate in a Promotion in an unsportsmanlike manner will be disqualified from the Promotion. Participants are solely responsible for any injuries or other damages that are caused from their behavior. Participants agree to indemnify, release, discharge and hold harmless the Released Parties from and against any and all claims, liability, losses, damages or injuries of any kind with respect thereto.
Each winner of a prize in a Promotion is solely responsible for any and all applicable federal, provincial and local taxes (including income and withholding taxes on any prize), regardless of whether the prize, in whole or in part, is used. The approximate retail value of any prize is based on available information provided to CAMRA Vancouver and the value of any prize awarded to a Promotion winner may be reported for tax purposes as required by law.
By participating in a Promotion, you agree to (i) be bound by these Official Rules, including all entry requirements provided at the time the Promotion is announced and/or promoted, and (ii) waive any and all claims against CAMRA Vancouver, its subsidiaries and affiliated entities, or any entity which, now or in the future, controls, is controlled by, or is under common control with CAMRA Vancouver, and the directors, officers, employees and agents, licensees, distributors, dealers, retailers, printers, representatives and advertising and promotion agencies, and any and all other companies associated with the above entities (collectively, “Released Parties“) for any injury, damage or loss of any kind that may occur, directly or indirectly, in whole or in part, from participation in the Promotion or from receipt or use of any Promotion prize (including, without limitation, any property loss, damage, personal injury or death caused to any person(s)). Each winning Participant, by acceptance of prize, grants to CAMRA Vancouver and its designees the right to publicize his/her name, address (city and state of residence), photograph, voice, statements and/or other likeness and prize information for advertising, promotional and/or trade and/or any other purpose (“Winner Information“) in any media or format now known or hereafter devised, throughout the world, in perpetuity, without limitation and without further compensation, consideration, permission or notification, unless prohibited by law. The releases here under are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of participants or the Released Parties in connection with the Promotion will be governed by and construed in accordance with the internal laws of the province of British Columbia, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other province’s laws.
BY PARTICIPATING IN A PROMOTION, EACH PARTICIPANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED FIFTY DOLLARS ($50.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED FIFTY DOLLARS ($50.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) PARTICIPANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Participants agree to waive any rights to claim ambiguity of these Official Rules. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Promotion-related materials, privacy policy or terms of use on an applicable website and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in CAMRA Vancouver’s sole and absolute discretion. CAMRA Vancouver reserves the right to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Promotion. In the event that the Promotion is challenged by any legal or regulatory authority, CAMRA Vancouver reserves the right to discontinue or modify the Promotion, or to disqualify participants residing in the affected geographic areas. In such event, the Released Parties shall have no liability to any participants who are disqualified due to such an action.