Recycle and Win Contest Rules, Terms and Conditions

Contest Rules

  1. No purchase is necessary. Eligible persons can enter to win by fully completing the form available on-line at www.recycleandwin.ca.

  2. This contest ends on October 31, 2013 at 12:00 p.m. (EDT). To be eligible for the prize, entries must be received on or before 12:00 p.m. (EDT) on October 31, 2013. The Regional Municipality of Niagara (hereinafter "Niagara Region") is not responsible for any entries which are incomplete, lost, destroyed, delayed, or not transmitted due to technical failure, however caused.

  3. All entries become the property of Niagara Region.

  4. Selection Process: The winner will be selected by random draw from among all eligible contest entry forms on November 8, 2013. The selected entrants will be notified by the selected preferred contact method within 72 hours of the draw. Niagara Region shall make two (2) attempts to call or email prize winners via the preferred contact method provided on the contest entry beginning 72 hours after the end of the draw. In the event that a selected entrant does not comply with these Contest Rules, or cannot be contacted within seven (7) days after the draw date, as determined solely by Niagara Region, that selection shall be void with no further obligation to the selected entrant and Niagara Region reserves the right to select an alternate entrant from the remaining entries. The chances of winning are dependent upon the total number of eligible entries received. The prizes must be accepted as awarded, may not be sold, are non-transferable and cannot be redeemed for cash. Winners will have two weeks to claim their prize in person. Prizes not claimed after two (2) weeks will result in forfeiture and will become the property of Niagara Region. Niagara Region reserves the right to select an alternate entrant from the remaining entries if the prize is not claimed after two (2) weeks. Winners must agree to be photographed for use in the Region's newsletter or other promotional material.

  5. Eligibility: This contest is open to residents of the Regional Municipality of Niagara. Entrants must have the consent of a parent or guardian if they are under the age of 18. Niagara Region employees, their immediate families and anyone otherwise connected with the contest are not eligible to enter.

  6. By entering this contest, all entrants grant Niagara Region the right to collect, use and disclose the personal information provided, as set out in these Rules. Niagara Region may use the names, municipality of residence and photos of the winners for purposes of promotion, without further compensation. The data may also be used by Niagara Region in order to verify the entrant's identity, postal address and telephone number, or to otherwise verify the entrant's eligibility to participate in the contest. Personal data will be used by Niagara Region exclusively for the purposes stated herein.

  7. Niagara Region is not responsible for telephone, technical, network, on-line, electronic, computer hardware or software failures of any kind; misdirected, stolen, incomplete, late, illegible, garbled or delayed internet computer transmissions arising from technical problems or traffic congestion on the Internet or at any website, or any combination thereof or from any other cause whatsover; or, for incomplete, lost, late, or misdirected submissions howsoever caused. Niagara Region reserves the right to withdraw or terminate the contest at any time without prior notice without award of any of the specified prizes and free of any liability to arising from my participation in the contest. This contest is subject to all federal, provincial and municipal laws and by-laws.

Terms and Conditions

The following terms and conditions contain legal obligations which are binding on you when you use this website and enter the Recycle and Win contest. Please read these terms and conditions carefully before participating in the Recycle and Win Contest. Clicking "I accept" is equivalent to you signing your acceptance of the Terms and Conditions and shows you agree to be bound by them. Without limiting the legal effect of your clicking "I accept", the Niagara Region may, prior to awarding any prizes or granting any recognition of your submission, require a written acknowledgement in a form satisfactory to it in its sole discretion confirming your agreement to the terms herein. If you fail to provide such a written acknowledgement, Niagara Region may disqualify you from eligibility and not award you any prize or recognition regarding your involvement in the contest.

If you do not agree to these terms and conditions, then you may not participate in the recycle and win contest.

The Recycle and Win contest is presented and provided by the Waste Management division of the Public Works Department of Niagara Region. All questions regarding the contest rules should be directed to Lucy McGovern, Program Manager, 905-685-4225 or 1-800-263-7215 ext. 3558.

Introduction

These terms and conditions apply to your use of this website to enter the Recycle and Win contest only. By participating in the Recycle and Win contest, you agree, without limitation or qualification to be bound by the terms and conditions set forth in these rules, terms and conditions and such other terms and conditions that apply When you are using Niagara Region's public website; These additional terms and conditions may be found at Niagara Region Website Disclaimer.

Please note that we reserve the right to change and modify, at our discretion, any of the Terms and Conditions at any time. You should check the terms and conditions regularly, since modifications bind you from the moment they are posted on the Recycle and Win contest page.

User Conduct

In entering the Recycle and Win Contest and/or using this website, you agree to comply with all applicable laws and the contest rules and these Terms and you acknowledge that Niagara Region may investigate any violations of the law and may cooperate with law enforcement authorities in prosecuting participants in this regard.

To play Recycle and Win you only supply your name, contact details, rating of the game and opinions on the game. You agree not to:

  • post, transmit, link to, display, or otherwise distribute any materials, information or content constituting, advocating or encouraging conduct that would constitute a criminal offense or give rise to civil liability;
  • defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;
  • post, transmit, link to, display, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful material or information;
  • post, transmit, link to, or otherwise distribute any information, materials, or content (including for greater certainty, software) which contains a virus, cancelbot, trojan horse, worm, or other harmful or disruptive content.

Responsibility for Minors

To Contest Entrants under 18: If you are a minor, you must have permission from a parent or guardian to play the Recycle and Win contest.

To Parents/Guardians of Entrants: In cases where you have authorized a minor to participate in the Recycle and Win contest, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of resources utilized in the delivery of the Recycle and Win contest; and (iii) the consequences of any misuse by the minor. The Niagara Region may require a written acknowledgement, in a form satisfactory to Niagara Region in its sole discretion, from you as a parent or guardian confirming your agreement to the terms of this document before awarding a prize to your minor entrant. If you do not provide such written acknowledgement as Niagara Region may require, Niagara Region may choose to disqualify your minor child from eligibility and not award him or her any prize or recognition regarding his or her involvement in the contest.

Disclaimer

You agree that Niagara Region cannot be and is not responsible to you or anyone else for the content or accuracy or timeliness of any information in the Recycle and Win contest or website. Niagara Region is also not be responsible for any reliance upon or decisions made by you or anyone else based on such information. You agree that Niagara Region disclaims any responsibility or related liability for your use of this website or hyper-links to other sites and does not endorse content on hyper-linked sites. Niagara Region also disclaims any implied representations, warranties and conditions such as quality, merchantability and fitness for a particular purpose. Niagara Region reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of these Terms and Conditions; your entry to the Recycle and Win contest is an offer to enter which may not be accepted by Niagara Region on these or any other bases in its sole discretion and for which no reasons need to be given. You agree that you have no right of legal action of any kind against Niagara Region for use of this website or entry in the Recycle and Win contest.

Monitoring

You acknowledge that the Niagara Region has no obligation to monitor its website, any content accessible through its website, or any affiliated information or services on third-party websites. However, you agree that the Niagara Region has the right to monitor its website and affiliations on other websites for the purposes of the Recycle and Win contest and to disclose any information as necessary to satisfy any law, regulation, or other governmental request, or to operate the Recycle and Win contest properly.

Modifications

The Niagara Region reserves the right, in its sole discretion, to add to, remove, modify or otherwise change any part of these Terms and Conditions, in whole or in part, at any time. Except as otherwise expressly contemplated herein, changes will be effective when notice of such change is posted on the Recycle and Win contest page.

Indemnification

You agree to defend, indemnify and hold harmless the Niagara Region and its respective elected officials, officers, directors, employees and agents, including all third parties mentioned in content related to the Recycle and Win contest, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from or related to: (a) your breach of any of these Terms and Conditions; (b) your access to and use of any internet resources relating to the Recycle and Win contest; (c) your use or reliance on, or publication, communication or distribution of anything on or from internet resources relating to the Recycle and Win contest (d) any breach of the identity, intellectual property or other rights of all third parties which may be related to your participation in the Recycle and Win contest. You shall use your best efforts to cooperate with Niagara Region on any claim. Niagara Region reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Limitation of Liability

You expressly understand and agree that in no event shall Niagara Region be liable for any damages whatsoever, including and direct, indirect, incidental, consequential, special or exemplary damages, and any damages for loss of profits, savings, goodwill or other intangible losses, regardless of whether Niagara Region had been advised or could have foreseen the possibility of such damages, arising out of or in connection with: (a) the use, inability to use or performance of any services utilized in the delivery of the Recycle and Win contest, (b) any unauthorized access to or modification to any of your content or transmissions, or (c) any other matter relating to the Recycle and Win contest.

Governing Law

The Recycle and Win contest is controlled, operated, and administered by Niagara Region from its headquarters in Canada. Niagara Region makes no representation or warranty that the Recycle and Win contest is appropriate or available for use at any locations outside the municipal boundaries of Niagara Region. You may not export any of the content accessible through Recycle and Win contest resources in violation of applicable laws and regulations. These Terms and Conditions shall be interpreted, construed and governed by the laws in force in the Province of Ontario, Canada, without reference to its conflict of laws and principles. Subject to the Arbitrations and Actions paragraph below, each party hereby agrees to submit to the jurisdiction of the courts of the Province of Ontario and to waive any objections based upon venue. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and Conditions.

Arbitration and Actions

Except where prohibited by applicable law, any controversy, claim or dispute arising out of or relating to these Terms and Conditions, your participation in the Recycle and Win contest or the relationship which results from these Terms and Conditions, including without limitation, the performance, breach, enforcement, existence or validity of the matters provided for in these Terms and Conditions which cannot be amicably resolved, even if only one of the parties declares that there is a difference (collectively, a "Claim"), will be referred to and finally settled (to the exclusion of the courts) by private and confidential arbitration before a single arbitrator and governed by Ontario law pursuant to the Arbitration Act, 1991 (Ontario), as amended, replaced or re-enacted from time to time. Any such claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim, controversy, or dispute of any other party. You agree to waive any right you may have to commence or participate in any class action against us related to any Claim and, where applicable, you also agree to opt out of any class proceedings against us. The arbitration award shall be given in writing and shall address the question of costs of the arbitration and all related matters. Notwithstanding the foregoing, Niagara Region reserves the right to pursue the protection of confidential information through injunctive or other equitable relief through the courts.

General Provisions

Your agreement to these Terms and Conditions is personal to you, and you may not assign your rights or obligations to anyone. These Terms and Conditions constitute the entire agreement between Niagara Region and you pertaining to your participation in the Recycle and Win contest and the use of all affiliated services and web sites and supersede any prior agreements between you and Niagara Region with respect to the subject matter hereof. Niagara Region's failure to insist upon or enforce strict performance of any right or provision of these Terms and Conditions shall not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein. No changes to these Terms and Conditions shall be made except by a revised posting on this page and you agree to be bound by such changes without actual notice. You and Niagara Region agree that these Terms and Conditions and all related documents be drawn up in English.


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