STANDARD CONTEST RULES & REGULATIONS
THESE RULES ARE THE STANDARD TERMS AND CONDITIONS APPLICABLE TO CONTESTS AND GIVEAWAYS (COLLECTIVELY, THE “CONTESTS”, EACH A “CONTEST”) ADMINISTERED BY MONSTERCAT INC. (“MONSTERCAT”). EACH CONTEST SHALL BE GOVERNED BY, AND CONSTRUED AND EVALUATED ACCORDING TO, THE LAWS OF THE PROVINCE OF BRITISH COLUMBIA AND THE LAWS OF CANADA APPLICABLE THEREIN, EXCLUDING ALL CONFLICT OF LAWS RULES. 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 “CONTEST RULES”).
1. ELIGIBILITY.
a. To be eligible to enter a Contest, an entrant must be a legal resident of that individual’s country and province and/or state of residence. Each entrant must be at least 18 years of age at the time they enter the Contest. No Quebec residents are eligible to enter any Contests.
b. Entrants may not be a person residing in any country embargoed by Canada and/or subject to Canadian export controls or sanctions (including without limitation Iran, Iraq, Sudan, Syria and North Korea), or any other jurisdiction where the applicable Contest is otherwise prohibited, licensed restricted and/or taxed by applicable federal, state, territorial, provincial or local laws, rules or regulations. It is each Contest entrant’s responsibility to ensure that he/she is legally eligible to enter each Contest and to receive a prize under any laws applicable to such Contest entrant’s jurisdiction of residence or otherwise.
c. Monstercat 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 Monstercat for the purpose of the Contests must be truthful, complete, accurate and in no way misleading. Monstercat reserves the right, in its sole and absolute discretion, to disqualify any entrant should such an entrant at any stage supply untruthful, incomplete, inaccurate or misleading personal details and/or information.
d. Monstercat will reasonably provide any other eligibility requirements applicable those to entering a Contest.
2. CONTEST PERIODS.
Each Contest entry period (each a “Contest Period”) shall start and end as prescribed by Monstercat, which Monstercat shall make clear in its communications to entrants, after which time the Contest will be closed and no other entries shall be accepted.
3. HOW TO ENTER.
a. There is no purchase necessary to enter a Contest.
b. Limit of one (1) entry per person per Contest Period, unless otherwise indicated. In the case of multiple entries where one (1) entry is allowed, only the first entry will be considered and the remainder will be void.
c. All entries become the sole property of Monstercat and will not be returned for any reason. Entries must be received prior to the indicated Contest Period entry deadline. Entries will be declared invalid if they are late, illegible, incomplete, damaged, irregular, mutilated, forged, garbled or mechanically or electronically reproduced. No communication or correspondence will be exchanged with entrants except with those selected as a potential or actual Contest winner.
d. Entries received online shall be deemed to be submitted by the authorized account holder of the e-mail address or relevant social media account associated with the entry. For the purposes of these 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 Monstercat with proof that the selected entrant is the authorized account holder of the e-mail address associated with the winning entry.
e. Monstercat may prescribe any other entry requirements necessary to enter a Contest.
4. PRIZES.
a. Each Contest prize shall have an approximate retail value as announced and described by Monstercat at the beginning of each Contest Period. Winners shall not be entitled to receive the difference between the actual prize value and the approximate prize value.
b. Winners will be contacted by Monstercat with instructions on how to claim the prize.
c. Prizes must be accepted as awarded and cannot be transferred, assigned, substituted or redeemed for cash, except at the sole discretion of Monstercat. Any unused portion of a prize will be forfeited and have no cash value. Monstercat reserves the right, in its sole discretion, to substitute a prize of equal or greater value if a prize (or any portion thereof) cannot be awarded for any reason.
d. Monstercat shall not assume any liability for lost, damaged or misdirected prizes.
5. WINNER SELECTION.
a. Following the end of the applicable Contest Period, Monstercat will select one (1) entrant (or more, if applicable, based on the number of prizes available to be won) 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 by Monstercat. Any remaining entries will not be carried over for entry in the next Contest.
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 Contest Rules and to sign and return the Release (described below).
c. If the selected Contest entrant does not respond within three (3) days of notification, he/she will be disqualified and will not receive a prize and another entrant may be selected (in Monstercat’s sole and absolute discretion) until such time as an entrant satisfies the terms set out herein. Monstercat is not responsible for the failure for any reason whatsoever of a selected entrant to receive notification or for Monstercat 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 a Contest, there are more selected entrants than contemplated in these Contest Rules, there will be a random draw amongst all eligible prize claimants to award the correct number of prizes.
6. RELEASE.
Winners may be required to execute a legal agreement and release (a “Release”) that confirms his or her: (i) eligibility for the Contest and compliance with these Contest Rules; (ii) acceptance of the prize as offered; (iii) release of Monstercat, and if applicable, certain social media websites such as Facebook, Instagram and Twitter, 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 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 therefrom; and (iv) grant to Monstercat the unrestricted right to publish, broadcast, or exhibit his or her name, photograph, likeness, comments and voice in any and all media in connection with publicity related to the Contest. 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.
7. INDEMNIFICATION BY ENTRANT.
By entering a Contest, entrants release and hold 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 Contest, any breach of the Contest 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 Contest, without limitation.
8. LIMITATION OF LIABILITY.
Monstercat 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. Monstercat 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. Monstercat 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. Monstercat 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. Monstercat 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 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. Monstercat 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 Monstercat, 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 Contest and/or the website hosting the Contest.
9. CONDUCT.
By participating in a Contest, each entrant agrees to be bound by the Contest Rules. Entrants further agree to be bound by the decisions of Monstercat, which shall be final and binding in all respects. Monstercat 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 website hosting the Contest, or any related promotional website; (c) violating the terms of service, conditions of use and/or general rules or guidelines of any the Sponsor’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 WEBSITE HOSTING THE CONTEST 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, MONSTERCAT 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 must at all times behave appropriately when taking part in the prize and observe the Contest Rules and any other rules or regulations in force at any prize-related locations. Monstercat 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.
10. PRIVACY / USE OF PERSONAL INFORMATION.
a. By participating in the Contest, each entrant: (i) grants to Monstercat 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 winners; (ii) grants to Monstercat the right to use his/her Personal Information for publicity and promotional purposes relating to the Contest in any and all media without further compensation unless prohibited by law; and (iii) acknowledges that Monstercat may disclose his/her Personal Information to third-party agents and service providers of Monstercat in connection with any of the activities listed in (i) and/or (ii) above.
b. Monstercat will use the entrant’s Personal Information only for identified purposes, and protect the entrant’s Personal Information in a manner that is consistent with Monstercat’s Privacy Policy at: [https://www.monstercat.com/privacy-policy](https://www.monstercat.com/privacy-policy).
c. INTELLECTUAL PROPERTY. All intellectual property relating to the Contest, including but not limited to trade-marks, trade names, logos, designs, promotional materials, web pages, source code, drawings, illustrations, slogans and representations, is owned by Monstercat or properly licensed to Monstercat for the purposes of running the Contest. 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.
d. TERMINATION. Monstercat reserves the right, in its sole discretion, to terminate any Contest, in whole or in part, and/or modify, amend or suspend a Contest, and/or the Contest Rules in any way, at any time, for any reason without prior notice.
e. GOVERNING LAW. 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 Monstercat in connection with the Contests 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. All contest entrants hereby attorn to the exclusive jurisdiction of the courts of the province of British Columbia. 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 Monstercat and/or the Contests. All federal, state, provincial, territorial and local laws and regulations apply, and a Contest is void where prohibited by law.
f. 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.
g. SOCIAL MEDIA. Unless otherwise indicated, this Contest is in no way sponsored, endorsed or administered by any social media platforms on which the Contest may have been promoted and/or publicized, including but not limited to Facebook and/or Twitter.
For any inquiries regarding these contest rules, please contact [email protected].
Monstercat Inc.
380 Railway Street
Vancouver BC V6A4E3