GAME TIME LIVE
Terms and Conditions of Use
1) Acceptance of the Services Terms and Conditions of Use
These terms and conditions of use apply to your access to and use of GAME TIME LIVE applications, websites and servers, and the content, functionality and services offered therefrom (collectively, the "Services"), and constitute a legal agreement between you and Maple Leaf Sports & Entertainment Partnership ("Company," "we," "us," "our"). These terms and conditions, together with any documents and/or additional terms they expressly incorporate by reference (collectively, these "Terms and Conditions"), govern all access to and use of the Services; if you do not agree to these Terms and Conditions, you may not access or use the Services. BY USING OR ACCESSING THE SERVICES, YOU AGREE TO THESE TERMS AND CONDITIONS IN THEIR ENTIRETY. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, VARIOUS LIMITATIONS, EXCLUSIONS AND INDEMNITIES. BY USING THE SERVICES, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY, INCORPORATED HEREIN BY REFERENCE. YOUR ACCESS TO AND USE OF THE SERVICES IS ALWAYS SUBJECT TO THE TERMS OF A LICENSE DESCRIBED BELOW. YOU MAY NOT USE THE SERVICES FOR ANY REASON NOT EXPRESSLY ALLOWED BY THESE TERMS AND CONDITIONS, OR IN ANY WAY THAT CONTRAVENES THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE SERVICES. The Services are not available to persons under the age of 13. If you are at least age 13 but below the age of majority in your state or province of residence, you may only use the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms and Conditions.
2) Modifications to the Terms and Conditions and to the Services
We reserve the right in our sole discretion to revise and update these Terms and Conditions from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Services. You agree to periodically review the Terms and Conditions in order to be aware of any such modifications and your continued use shall be your acceptance. The information and material on the Services, and the Services, may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Services is restricted to users or unavailable at any time or for any period.
3) Your Use of the Services and Account Set-Up and Security
The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. However, your use of the Service may depend on the Internet, including networks, cabling, facilities and equipment that is not in our control, and accordingly, we cannot guarantee any minimum level regarding such performance, speed, reliability, availability, use or consistency.
The transmission of information via the Internet is inherently not completely secure; although we take reasonable steps to protect your personal information, we cannot guarantee the security of your personal information or anything transmitted to or using our Services. Any transmission, including of personal information, is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Services, whether by you or third parties.
The safety and security of your information also depends on you. Users are responsible for obtaining their own access to the Services. Users are required to ensure that all persons who access the Services through a user's internet connection are aware of these Terms and Conditions and comply with them. Accessing the Services may require user registration. It is a condition of your use of the Services that all the information you provide on the Services is correct, current, and complete.
Your provision of registration information and any submissions you make to the Services through any functionality such as applications, features, promotions, games, contests, chat functionality, e-mail, message boards, personal, or interest group web pages, profiles, forums, bulletin boards and other such functions (collectively, "Interactive Functions") constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy, found at http://mlse.com/privacy.
Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to the Services or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.
We reserve the right at any time to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms and Conditions. We reserve the right to use, post or display your username in conjunction with content including contests, leaderboards, and User Submissions. You have the right to change your username at any time, in accordance with these Terms and Conditions.
You are prohibited from attempting to circumvent and from violating the security of the Services, including: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting Services owner's ability to monitor the Services; (f) using any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Services via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; (i) impersonating us or any other person in connection with any use or access to the Services; or (j) otherwise attempting to interfere with the proper working of the Services. For more information about what you must and must not do when using the Services, see “User Submissions and Site Content Standards” below.
4) Intellectual Property Rights and Ownership
You understand and agree that the Services (which include all of the contents, features, and functionality, including all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, made available to you in using or accessing the Services) are owned by the Company, its licensors, or other providers of such material and are protected in all forms by intellectual property laws, including copyright, trademark, patent, trade secret, and any other proprietary rights.
The names and logos of the Company and of the Service and all related names, logos, product and service names, designs, images, and slogans, are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on the Services are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.
Subject to these Terms and Conditions, the Company grants you permission to use the Services strictly on a personal, non-exclusive, non-transferable, and limited basis for your own personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, in any form or medium whatsoever (except that your computer and browser may temporarily store or cache copies of materials being accessed and viewed.) You may not screen share, stream, or otherwise publicly or privately broadcast any of the Services.
Users are not permitted to modify copies of any materials from the Services nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site. You must not access or use for any commercial purposes any part of the Services or any services or materials available through the Services. We have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users who are deemed to be repeat infringers of intellectual property or who we determine in our sole discretion to violate our Terms and Conditions. We may also, at our sole discretion, limit access to the Service or terminate the account of any user who infringes any intellectual property rights of us or others, whether or not there is any repeat infringement.
All right, title and interest in and to comments, ideas, suggestions and impressions of the Service and our products given by you to us, and all the anonymous usage data (collectively, the “Feedback”) is and shall be deemed to be our property and, by submitting Feedback to us, you agree that you thereby assign to us all right, title and interest to such Feedback to us.
5) Sports Content
All sports-related content and materials contained within the Site, including video, audio, photos, text, images, statistics, updated scores, logos and other intellectual property related to the National Basketball Association (“NBA”), the National Hockey League (“NHL”), Major League Soccer (“MLS”), other sports leagues or their member teams (collectively, "Sports Content") are either owned by or licensed to the Company. No Sports Content from the Site may be reproduced, republished, uploaded, posted, transmitted, reproduced, distributed, copied, publicly displayed or otherwise used except as provided in these Terms and Conditions without the written permission of the Company or the respective league.
The names and logos of the NBA and its member teams are the property of the NBA and its member teams and may not be used or reproduced without the prior written consent of NBA Properties, Inc. The names and logos of the NHL and its member teams are the property of the NHL and its member teams and may not be used or reproduced without the prior written consent of NHL Enterprises, L.P. The names and logos of the MLS and its member teams are the property of the MLS and its member teams and may not be used or reproduced without the prior written consent of Major League Soccer, L.L.C.
6) User Submissions and Site Content Standards
As a condition of your access and use, you agree that you may use the Services only for lawful purposes and in accordance with these Terms and Conditions.
The following content standards apply both to any access or use by you of the Services, as well as to any and all content, material, or information you submit, post, publish, display, or transmit (collectively, "submit") to the Services, to other users or other persons via the Services (collectively, "User Submissions") and any and all Interactive Functions. Any and all User Submissions must comply with all applicable federal, provincial, local, foreign, and international laws and regulations, as well as these Terms and Conditions. Without limiting the foregoing, you agree that your use of the Services and any User Submissions shall not in any manner, directly or indirectly:
(a) violate any applicable federal, provincial, local, foreign, or international law or regulation including any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions and our Privacy Policy found at http://mlse.com/privacy;
(b) violate the terms of use of any third-party website that is linked to the Services, including any third-party social media website;
(c) include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, gender, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in Company's sole discretion;
(d) involve stalking, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws, regulations, or code;
(e) involve, provide, or contribute any false, inaccurate, or misleading information;
(f) impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including by using email addresses, or screen names associated with any of the foregoing);
(g) transmit, or procure the sending of, any advertisements or promotions without our prior written consent, sales, or encourage any other commercial activities, including any "spam", "junk mail", "chain letter", contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation;
(h) encourage any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm the Company or users of the Services or expose them to liability;
(i) cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person;
(j) promote any illegal activity, or advocate, promote, or assist any unlawful act; or
(k) give the impression that you or any User Submissions originate from or are endorsed by us or any other person or entity, if this is not the case.
7) User Submissions: Your Grant of License to Us and Others
The Services may contain Interactive Functions allowing User Submissions on or through the Services. None of the User Submissions you submit to the Services will be subject to any confidentiality by the Company. By providing any User Submission to the Services, you grant us and our affiliates and service providers, and each of their and our respective licensees (including Broadcasters), successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, transferrable, sublicensable (including via multiple tiers of sublicensing), non-exclusive licence to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and according to your account settings and/or incorporate such material into any form, medium, technology, or other derivative work throughout the world without compensation to you. By submitting User Submissions, you further waive any moral rights or other rights of authorship in and to any such User Submissions in favour of the Company.
By submitting the User Submissions, you are deemed to have warranted, and you agree, that you own or have the necessary rights to submit the User Submissions and have the right to grant the licence hereof to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns to the User Submissions and comply with these Terms and Conditions.
You represent and warrant that all User Submissions comply with applicable laws and regulations and the User Submissions and Site Content Standards set out in these Terms and Conditions. You understand and agree that you are fully responsible for any User Submissions you submit or contribute, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you or any other user of the Services.
8) Copywright
If you believe that any content on the Service infringes upon any copyright or other intellectual property right that you own or control, or if you otherwise object to any User Submissions that you find on the Service, you may send a written notification to our designated agent for copyright and other complaints:
by e-mail: gametime@mlse.com
by regular mail: Game Time Live, MLSE Digital Labs, 50 Bay Street, Toronto, ON M5J 2L2
The notification must be a written communication that includes the following:
i. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii. if the complaint is about copyright or other intellectual property rights, identification of the copyrighted work or other intellectual property right claimed to have been infringed, or, if multiple infringements are covered by a single notification, a representative list of such infringements;
iii. if the complaint is about objectionable content, the reasons for the objection;
iv. identification of the material that you are objecting to and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
v. information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
vi. a statement that the information in the notification is accurate; and
vii. if the complaint is about copyright or other intellectual property rights, a statement under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, and (ii) the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the owner thereof, its agent or the law.
9) Site Monitoring and Enforcement, Suspension, and Termination
We have the right, without provision of notice to:
- remove or refuse to post on the Services any User Submissions for any or no reason in our sole discretion;
- monitor, filter, revise, edit, remove or refuse content using manual or automated third-party content moderation services;
- at all times, take such actions with respect to any User Submission deemed necessary or appropriate in our sole discretion, including for violating the Services and User Submissions and Site Content Standards or Terms and Conditions;
- take appropriate legal action, including referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Services. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services; and
- terminate or suspend your access to all or part of the Services for any or no reason, including any violation of these Terms and Conditions.
While we will take steps to monitor content and User Submissions in the Services, we make no representations or guarantees that we will be able to review all material that you or other users submit to the Services or to do so in a timely manner. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.
10) No Reliance
The content on our Services, including any User Submissions, are provided for personal entertainment purposes only, and it is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on our site.
Although we make reasonable efforts to update the information on our Services, we make no representations, warranties, or guarantees, whether express or implied, that the Services is accurate, complete, or up to date.
The Services include content provided by third parties, including from other users and third-party licensors in the form of User Submissions. All statements and/or opinions expressed in any such third-party content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of the Company, nor do they imply any endorsement between us and such third parties.
WAIVER AND ASSUMPTION OF RISK
YOU FREELY ACCEPT AND VOLUNTARILY AGREE TO ASSUME ALL RISKS OF PERSONAL INJURY, DEATH AND PROPERTY DAMAGE OR LOSS CONNECTED WITH YOUR USE OF THE SERVICE HOWSOEVER ARISING, INCLUDING: (A) THE OPERATION OR SPECIFICATIONS OF THE EQUIPMENT AND ANY OTHER OPERATIONS ASSOCIATED WITH YOUR USE OF THE SERVICE, (B) ACTIONS, OMISSIONS OR NEGLIGENCE (INCLUDING FAILURE TO USE REASONABLY PRUDENT AND CAREFUL CARE, AND FAILURE TO PROTECT THE YOU FROM RISKS, DANGERS AND HAZARDS INHERENT IN THE USE OF THE SERVICE) OF COMPANY AND OUR SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, CONTRACTORS, EMPLOYEES, AGENTS, INSURERS AND OTHER REPRESENTATIVES (THE “RELEASEES”), AND (C) ANY BREACH OF CONTRACT, BREACH OF STATUTORY DUTY OR OTHER BREACH OF DUTY OF CARE, INCLUDING ANY DUTY OF CARE IMPOSED BY LAW, BY EQUITY, ON THE PART OF ALL OR ANY OF THE RELEASEES. YOU HEREBY WAIVE, RELEASE AND FOREVER DISCHARGE THE RELEASEES FROM AND AGAINST ANY AND ALL MANNER OF LIABILITIES, CLAIMS, DEMANDS, SUITS, DAMAGES (INCLUDING DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL AND CONSEQUENTIAL DAMAGES), LOSSES, INTEREST, COSTS, EXPENSES, DEBTS, ACTIONS AND CAUSES OF ACTION OF ANY KIND, CHARACTER OR NATURE WHATSOEVER, KNOWN OR UNKNOWN, FIXED OR CONTINGENT, INCLUDING THOSE OF LOSS, DAMAGE, INJURY OR DEATH HOWSOEVER ARISING, INCLUDING AS DESCRIBED IN THE PARAGRAPH DIRECTLY ABOVE (“CLAIMS”) THAT YOU HAVE, MAY HAVE, OR HAVE EVER HAD RESULTING FROM OR CONNECTED IN ANY WAY WITH THE YOUR USE OF THE SERVICE, INCLUDING ANYTHING ARISING AFTER THE DATE OF YOUR AGREEMENT TO THESE SERVICE TERMS.
11) Privacy
By submitting your personal information and using our Services, you consent to the collection, use, reproduction, hosting, transmission, and disclosure of any such user content submissions in compliance with our Privacy Policy, as we deem necessary for use of the Services.
By using the Services you are consenting to the use of cookies which allow a server to recall previous requests or registration and/or IP addresses to analyze website use patterns. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies. If you do, however, some areas of the Services may not function adequately. For more information on this automated information gathering practices, see our Privacy Policy linked above.
12) Third-Party Services and Advertising
For your convenience, the Services may provide links to third-party sites. We make no representations about any other websites that may be accessed from the Services. If you choose to access any such sites, you do so at your own risk. We have no control over the content of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.
We shall have the right, without notice, to insert advertising data into the Service, so long as this does not involve our transmission of any of your personal information in contravention of the Privacy Policy. If you elect to have any business dealings with any party whose products or services may be advertised on the Service, you acknowledge and agree that such dealings are solely between you and such advertiser and we will not be a party to, or have any responsibility or liability related thereto. You acknowledge and agree that no such advertising may be construed as an endorsement by us of any such products or services advertised.
Our Services must not be framed on any other site, streamed by you on any service, nor may you create a link to any part of our Services other than the homepage. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with these Terms and Conditions including the “User Submissions and Site Content Standards” described above. You agree to cooperate with us in causing any unauthorized framing, streaming or linking to immediately stop.
12) Online Purchases
All orders, purchases or transactions for the sale of goods or service made using the Services are subject to the terms and conditions of sale presented to you at the time of purchase. Some online transactions are subject to restrictions, including eligibility as to residency and age; by participating in such transactions, you agree that you meet those eligibility requirements.
Geographic Restrictions
The owner of the Services is based in Ontario, Canada. We provide the Services for use only by persons located in Canada. The Services are not intended for use in any jurisdiction where its use is not permitted. If you access the Services from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.
13) Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT YOUR USE OF AND ACCESS TO THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
NONE OF (A) THE COMPANY AND ITS PARENT, SUBSIDIARIES, AFFILIATES, (B) THE RESPECTIVE SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS IN RELATION THE FOREGOING, OR (C) ANY OF THE FOREGOING’S RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR PERSONNEL (COLLECTIVELY, THE “RELEASED PARTIES”) MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE SERVICES OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NONE OF THE RELEASED PARTIES REPRESENT OR WARRANT THAT THE SERVICES, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE RELEASED PARTIES CANNOT AND DO NOT GUARANTEE OR WARRANT THAT SERVICES, FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SERVICES WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE SERVICES AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, THE RELEASED PARTIES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SERVICES LINKED TO IT.
14) Limitation on Liability
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL THE RELEASED PARTIES BE LIABLE FOR NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE RELEASED PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE SERVICES, ANY LINKED SERVICES OR SUCH OTHER THIRD-PARTY SERVICES, NOR ANY CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON EVEN IF THE RELEASED PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. NOTHING IN THESE TERMS AND CONDITIONS IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED.
15) Indemnification
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company and all other Released Parties from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your breach of these Terms and Conditions or your use of the Services, including your User Submissions, third-party sites, any use of or access to the Service other than as expressly authorized in these Terms and Conditions.
16) Governing Law and Choice of Forum
The Services and these Terms and Conditions will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provisions or rules. Any action or proceeding arising out of or relating to the Services and under these Terms and Conditions will be instituted in the courts of Ontario sitting at Toronto, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
17) Interpretation
In these Terms and Conditions, (a) the captions and headings are for convenience only and do not constitute substantive matter and are not to be construed as interpreting the contents of these Terms and Conditions, (b) the word “including”, the word “includes” the phrase “such as”, and similar words and phrases, when following a general statement or term (whether or not non-limiting language such as “without limitation” or “but not limited to” or other words of similar import are used with reference thereto), is not to be construed as limiting, and the word “or” between two or more listed matters does not imply an exclusive relationship between the matters being connected, and (c) all references to Service shall also include any successor or replacement applications, websites, content, or services containing substantially similar information as the referenced Service(s).
No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.
All provisions that, by their meaning or nature, are intended to survive termination or expiry of these Terms and Conditions shall survive termination or expiration of these Terms and Conditions.
18) Notifications
Subject to our Privacy Policy, we may provide you with notifications via email, in hard copy, or through conspicuous posting of such notice on the Service, as we may determine in our sole discretion.
19) Assignment
We may at any time assign our rights and obligations under these Terms and Conditions, in whole or in part, without notice to you. You may not assign these Terms and Conditions without our prior, written consent. These Terms and Conditions will inure to the benefit of and bind you and us and our respective personal and legal representatives, successors and permitted assigns.
20) Entire Agreement
The Terms and Conditions and our Privacy Policy constitute the sole and entire agreement between you and the Company regarding the Services and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter. This provision does not affect any agreement you may have with a Broadcaster with respect to your access to these Services, but that agreement is between you and the Broadcaster.
21)
The parties have requested and agree that this agreement and all documents relating thereto be drawn up in English / Les parties ont demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.
22)
This website is operated by Maple Leaf Sports & Entertainment Partnership, 50 Bay Street, Toronto, Ontario, M5J 2L2. Should you become aware of misuse of the website, or to report abusive behaviour on the website, please notify us at gametime@mlse.com All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to gametime@mlse.com
Last Updated: October ● 2021
GAME TIME
RULES AND REGULATIONS (“Official Rules”)
NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASEYOUR CHANCES OF WINNING. THIS CONTEST IS SUBJECT TO ALL APPLICABLE FEDERAL,PROVINCIAL AND MUNICIPAL LAWS AND REGULATIONS AND IS VOID WHERE PROHIBITED BYLAW. PARTICIPATION IN THIS CONTEST CONSTITUTES FULL AND UNCONDITIONAL AGREEMENTWITH AND ACCEPTANCE OF THESE OFFICIAL RULES.
(1) CONTEST PERIOD: The Game Time Contest (the “Contest”) runs each Toronto Maple Leafs regular season game day from 9:00 a.m. ET to 11:55 p.m. ET, starting October 13, 2021 and ending April 29, 2022 (the “Contest Period”).
(2) ELIGIBILITY: The Contest is only open to legal residents of the Province of Ontario who are eighteen (18) years of age or older, living within one hundred and twenty (120) kilometers of the City of Toronto (each an “Entrant”). Employees and the immediate family members (including those with whom they are domiciled) of Maple Leaf Sports & Entertainment Partnership (“MLSE” or the “Contest Sponsor”), the Toronto Maple Leafs, the National Hockey League and its member teams, NHL Enterprises LP and each of their respective parent companies, subsidiaries, affiliates, directors, officers, governors, agents, their advertising and promotional agencies (together with Contest Sponsor, the “Released Parties”) are not eligible to enter the Contest. Determinations of Contest eligibility shall be made in the sole discretion of the Contest Sponsor and shall be final and binding.
(3) HOW TO ENTER: NO PURCHASE NECESSARY. During the Contest Period, an Entrant may enter the Contest by doing the following:
• Open or download the official Toronto Maple Leafs App (the “App”), available for iOS and Android, and click on the Game Time tile;
• Play and complete the Game Time game(s) as indicated in the Game Time Tab Complete all required fields as requested.
There is a limit of one hundred (100) Entries per person during the Contest Period. An Entry will be declared invalid if it is incomplete, damaged, irregular, or mechanically or electronically reproduced. If it is discovered by the Contest Sponsor (using any evidence or other information made available to, or otherwise discovered by, the Contest Sponsor) that any person has attempted to use (or attempt to use) multiple names, identities, email addresses and/or any automated, macro, script, robotic or other system(s) or program(s) to enter the Contest more than once or to otherwise participate in or disrupt this Contest, they may be disqualified from the Contest, and any future contests of the Contest Sponsor, in the sole discretion of the Contest Sponsor.
The Contest Sponsor reserves the right, in its sole discretion, to require proof of identity and/or eligibility (in a form acceptable to the Contest Sponsor – including, without limitation, government issued photo identification): (i) for the purposes of verifying an Entrant’s eligibility to participate in this Contest; (ii) for the purposes of verifying the eligibility and/or legitimacy of an Entry entered (or purportedly entered) for the purposes of this Contest; and/or (iii) for any other reason the Contest Sponsor deems necessary, in its sole discretion, for the purposes of administering this Contest in accordance with these Official Rules. Failure to provide such proof to the satisfaction of the Contest Sponsor in a timely manner may result in disqualification of the Entrant, in the sole discretion of the Contest Sponsor.
The potential winner of the Prize (the “Selected Entrant”) may also be requested to provide MLSE with reasonable proof that the Selected Entrant is the Authorized Account Holder of the account associated with the selected Entry. In the event of a dispute regarding the identity of the person submitting an Entry, the Entry will be deemed to be submitted by the Authorized Account Holder in whose name the account is registered, provided that person meets all other eligibility criteria of this Contest. "Authorized Account Holder" shall mean the natural person assigned to an email address and/or telephone number by an Internet access provider, online service provider, telephone service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address.
All Entries shall become the property of the Contest Sponsor and none shall be returned.
(4) PRIZES: There will be one (1) prize (each a “Prize”, collectively “Prizes”) available to be won for each Maple Leafs regular season game during the Contest Period. Exact prize will be indicated on the Game Time Tab each game, and could include:
PRIZE - ARV
One (1) x Toronto Maple Leafs Jersey - $250
One (1) x Real Sports Apparel Gift Card - $150
One (1) x Real Sports Apparel Gift Card - $200
One (1) x Toronto Maple Leafs Autographed Jersey - $250
Prize Winner is not entitled to any difference between the actual value of the Prize and the approximate retail value stated herein. Each Prize Winner must follow all directions of the Contest Sponsor with respect to the Prize or any aspect thereof. Failure to do so may result in termination of participation, or continued participation, in the Prize or any aspect thereof. Each Prize must be accepted as awarded without substitution and is not transferrable, refundable, for resale or convertible to cash. The Contest Sponsor reserves the right, in the event that a Prize, or any component of a Prize, cannot be awarded as described for any reason, to substitute the same for another prize or component of equal or greater value, without notice or liability. In the event that a substitute prize is awarded, such prize must be accepted as awarded and cannot be exchanged for cash or otherwise. The odds of winning a prize depend on the number of entries received.
(5) WINNER SELECTION:
At approximately 10:00 AM on the next business day following each regular season game day, one (1) Entrant will be selected by random draw at a location in Ontario determined by the Contest Sponsor. Each such Entrant, a “Selected Entrant”. There is a limit of one (1) Prize per Entrant. Each Selected Entrant will be notified of their selection by the contact information provided in the App within ten (10) business days of the game. If a Selected Entrant cannot be contacted or fails to respond within forty-eight (48) hours of the first attempt of contact by the Contest Sponsor, they will be considered to have forfeited their Prize and will be disqualified and another Entrant may be selected from the remaining eligible Entries until such time as contact is made with a Selected Entrant or there are no more eligible Entries, whichever comes first (in which case the above-noted process will apply to such alternate Entrant). The Contest Sponsor will not be responsible for failed attempts to contact any Selected Entrant.
(6) CLAIMING YOUR PRIZE:
To be declared a winner (“Winner”), each Selected Entrant must answer correctly, without assistance of any kind, whether mechanical or otherwise, a time-limited mathematical skill-testing question posed either by telephone or email at the telephone number or email address on the account of record for that Selected Entrant, or on their no-purchase mail-in Entry, as applicable. The Selected Entrant will be required to sign a Declaration, Release and Waiver Form (the “Release Form”) confirming compliance with the Official Rules, acceptance of the Prize as awarded, without substitution, and releasing the Released Parties from any liability in connection with the Prize or the Contest.
If a Selected Entrant does not meet all of the Contest requirements, fails to correctly answer the mathematical skill-testing question or does not sign and return the Release Form to the Contest Sponsor within the time-frame specified, that Selected Entrant will forfeit their Prize and the Contest Sponsor shall be entitled (but not obligated) to select another Entrant from the remaining eligible Entries until such time as contact is made with an Entrant or there are no more eligible Entries, whichever comes first. This process may continue until each Prize has been awarded or there is insufficient time to permit the awarding of any Prize (in which case the above-noted process will apply to such alternate Entrant). The Contest Sponsor are not responsible, whether as a result of human error or otherwise, for any failure to contact any Selected Entrant. The Contest Sponsor will contact each Winner following receipt of their signed Release Form to arrange for delivery of the respective Prize.
GENERAL RULES
In the event of a conflict between the Official Rules and any instructions or interpretations of these Official Rules given by an employee of the Contest Sponsor regarding the Contest, these Official Rules shall prevail. In the event of any discrepancy or inconsistency between the terms and conditions of these Official Rules and disclosures or other statements contained in any Contest-related materials, the terms and conditions of these Official Rules shall prevail, govern and control.
(7) INDEMNIFICATION
By submitting an Entry into this Contest, each Entrant confirms his or her understanding of and compliance with these Official Rules. Each Entrant, and their representatives, heirs, next of kin or assignees (“Entrant’s Representatives”), hereby releases and holds the Released Parties harmless from any and all liability for any injuries, loss or damage of any kind to the Entrant, Entrant’s Representatives 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 Official Rules, or in any Prize-related activity. The Entrant and Entrant’s Representatives agree to fully indemnify the Released Parties from any and all claims by third parties relating to the Contest, without limitation.
(8) LIMITATION OF LIABILITY
None of the Released Parties assumes any liability 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 for any technical or human error which may occur in the processing of Entries, the selection of the Winner or for any printing or other errors in any Contest materials. The Released Parties assume no responsibility for any error, omission, tampering, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or authorized access to, or alteration of Entries. The Released Parties are not responsible for any problems, viruses or technical malfunction of any telephone network or lines, computer on-line systems, servers or providers, computer equipment, software, failure of email or Direct Messaging on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to Entrants or to any other person's computer related to or resulting from participating or downloading materials in the Contest.
None of the Released Parties assumes any liability for any personal injury or property damage or losses of any kind, including without limitation, direct, indirect, consequential, incidental or punitive damages which may be sustained to an Entrant's or any other person's computer equipment resulting from an Entrant's attempt to either participate in the Contest or download any information in connection with participating in the Contest or use of any website. Without limiting the foregoing, everything on any website is provided "as is" without any warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement.
(9) CONTEST ADMINISTRATION
All decisions regarding the Contest remain with the Contest Sponsor. The Contest Sponsor reserves the right, in its sole discretion, to modify, cancel, suspend and/or terminate any or all parts of the Contest for any reason.
The Contest Sponsor reserves the right, in its sole discretion, to disqualify any individual found to be in violation of these Official Rules. The Contest Sponsor reserves the right to refuse an Entry from a person whose eligibility is in question or who has been disqualified or is otherwise ineligible to enter. Any attempt to tamper with the entry process, interfere with these Official Rules, deliberately damage any website or undermine the administration, security or legitimate operation of the Contest, is a violation of criminal and civil laws, and the Contest Sponsor reserves the right to seek damages and/or other relief (including legal fees) from all persons responsible for such acts to the fullest extent permitted by law, which may include banning or disqualifying Entrants from this and future contests of the Contest Sponsor. In their sole determination, the Contest Sponsor may disqualify any person who acts in any manner to threaten or abuse or harass any person and to void all such person’s associated Entries. The Contest Sponsor reserves the right, in its sole discretion, to terminate or suspend the Contest should fraud, virus, bugs, or other reasons beyond the control of the Contest Sponsor corrupt the security, proper play or administration of the Contest.
(10) PRIVACY AND PUBLICITY RIGHTS
By accepting a Prize, each Winner agrees to allow the Contest Sponsor and respective subsidiaries and affiliates, promotional and advertising agencies and representatives the right to use their name, biographical information, image, photos and/or likeness and statements for programming, promotion, trade, commercial, advertising and publicity purposes in connection with this Contest, at any time or times, in all media now known or hereafter discovered, worldwide, including but not limited to on television, video, the World Wide Web and Internet, without notice, review or approval and without additional compensation, except where prohibited by law. The Contest Sponsor respects your right to privacy. Personal information collected from Entrants will only be used by the Contest Sponsor to administer the Contest and, only if consent is actively given at the time of entry, to provide Entrants with information regarding upcoming promotions and/or events from the Contest Sponsor. For more information regarding the manner of collection, use and disclosure of personal information by (a) MLSE, please refer to the privacy policy available at http://www.mlse.com/privacy
(11) GOVERNING LAW
The Contest shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Without limiting the generality of the foregoing, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations as between any person and/or Entrant and the Contest Sponsor in connection with the Contest shall be governed by and construed and interpreted in accordance with the internal laws of the Province of Ontario, Canada, including the procedural provisions of those laws, 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. The Contest Sponsor and all Entrants hereby attorn to the jurisdiction of the courts of that Province, sitting in the City of Toronto, Ontario, in respect of the determination of any matter, issue or dispute arising under or in respect of these Official Rules and/or the Contest and agree that any such determination shall be brought solely and exclusively before such courts.
The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with the terms as if the invalid or illegal provision were not contained herein.
Any words herein importing the masculine gender shall include the feminine gender and vice versa in both the singular and the plural.
GAME TIME LIVE
RULES AND REGULATIONS (“Official Rules”)
NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS CONTEST IS SUBJECT TO ALL APPLICABLE FEDERAL, PROVINCIAL AND MUNICIPAL LAWS AND REGULATIONS AND IS VOID WHERE PROHIBITED BY LAW. PARTICIPATION IN THIS CONTEST CONSTITUTES FULL AND UNCONDITIONAL AGREEMENT WITH AND ACCEPTANCE OF THESE OFFICIAL RULES.
(1) CONTEST PERIOD: The Game Time Live Contest (the “Contest”) runs during each Toronto Maple Leafs regular season live game, starting October 13, 2021 and ending April 29, 2022 (the “Contest Period”).
(2) ELIGIBILITY: The Contest is only open to legal residents of the Province of Ontario who are eighteen (18) years of age or older, living within one hundred and twenty (120) kilometers of the City of Toronto (each an “Entrant”). Employees and the immediate family members (including those with whom they are domiciled) of Maple Leaf Sports & Entertainment Partnership (“MLSE” or the “Contest Sponsor”), the Toronto Maple Leafs, the National Hockey League and its member teams, NHL Enterprises LP and each of their respective parent companies, subsidiaries, affiliates, directors, officers, governors, agents, their advertising and promotional agencies (together with Contest Sponsor, the “Released Parties”) are not eligible to enter the Contest. Determinations of Contest eligibility shall be made in the sole discretion of the Contest Sponsor and shall be final and binding.
(3) HOW TO ENTER: NO PURCHASE NECESSARY.
During the Contest Period, an Entrant may enter the Contest by doing the following:
• Open or download the official Toronto Maple Leafs App (the “App”), available for iOS and Android, and click on the Game Time tile after the puck has dropped in the Maple Leas game;
• Once within the Game Time “Live” experience, there are multiple ways to be entered to win, including but not limited to, participation in real-time trivia, Get Loud, and arcade games, as well as position on the Game Time “Live” leaderboard. Mechanism for prize giveaways will be communicated during each Game Time “Live” by the Game Time moderator.
An Entry will be declared invalid if it is incomplete, damaged, irregular, or mechanically or electronically reproduced. If it is discovered by the Contest Sponsor (using any evidence or other information made available to, or otherwise discovered by, the Contest Sponsor) that any person has attempted to use (or attempt to use) multiple names, identities, email addresses and/or any automated, macro, script, robotic or other system(s) or program(s) to enter the Contest more than once or to otherwise participate in or disrupt this Contest, they may be disqualified from the Contest, and any future contests of the Contest Sponsor, in the sole discretion of the Contest Sponsor.
The Contest Sponsor reserves the right, in its sole discretion, to require proof of identity and/or eligibility (in a form acceptable to the Contest Sponsor – including, without limitation, government issued photo identification): (i) for the purposes of verifying an Entrant’s eligibility to participate in this Contest; (ii) for the purposes of verifying the eligibility and/or legitimacy of an Entry entered (or purportedly entered) for the purposes of this Contest; and/or (iii) for any other reason the Contest Sponsor deems necessary, in its sole discretion, for the purposes of administering this Contest in accordance with these Official Rules. Failure to provide such proof to the satisfaction of the Contest Sponsor in a timely manner may result in disqualification of the Entrant, in the sole discretion of the Contest Sponsor.
The potential winner of the Prize (the “Selected Entrant”) may also be requested to provide MLSE with reasonable proof that the Selected Entrant is the Authorized Account Holder of the account associated with the selected Entry. In the event of a dispute regarding the identity of the person submitting an Entry, the Entry will be deemed to be submitted by the Authorized Account Holder in whose name the account is registered, provided that person meets all other eligibility criteria of this Contest. "Authorized Account Holder" shall mean the natural person assigned to an email address and/or telephone number by an Internet access provider, online service provider, telephone service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address.
All Entries shall become the property of the Contest Sponsor and none shall be returned.
(4) PRIZES:
There will be up to four (4) prizes (each a “Prize”, collectively “Prizes”) available to be won for each Maple Leafs regular season game during the Contest Period. Exact prizing will be indicated on the Game Time Tab each game, and could include:
Prize | ARV
One (1) x Toronto Maple Leafs Jersey | $250
One (1) x Real Sports Apparel Gift Card | $150
One (1) x Real Sports Apparel Gift Card | $200
One (1) x Toronto Maple Leafs Autographed Jersey | $250
Prize Winners are not entitled to any difference between the actual value of the Prize and the approximate retail value stated herein. Each Prize Winner must follow all directions of the Contest Sponsor with respect to the Prize or any aspect thereof. Failure to do so may result in termination of participation, or continued participation, in the Prize or any aspect thereof. Each Prize must be accepted as awarded without substitution and is not transferrable, refundable, for resale or convertible to cash. The Contest Sponsor reserves the right, in the event that a Prize, or any component of a Prize, cannot be awarded as described for any reason, to substitute the same for another prize or component of equal or greater value, without notice or liability. In the event that a substitute prize is awarded, such prize must be accepted as awarded and cannot be exchanged for cash or otherwise. The odds of winning a prize depend on the number of entries received.
(5) WINNER SELECTION:
Four (4) Entrants will be selected by the Contest Sponsor during the Game Time “Live” experience. Each such Entrant, a “Selected Entrant”. There is a limit of one (1) Prize per Entrant. Each Selected Entrant will be notified of their selection by the Game Time moderator as well as by the contact information provided in the App within 10 business days of the game. If a Selected Entrant cannot be contacted or fails to respond within forty-eight (48) hours of the first attempt of contact by the Contest Sponsor, they will be considered to have forfeited their Prize and will be disqualified and another Entrant may be selected from the remaining eligible Entries until such time as contact is made with a Selected Entrant or there are no more eligible Entries, whichever comes first (in which case the above-noted process will apply to such alternate Entrant). The Contest Sponsor will not be responsible for failed attempts to contact any Selected Entrant.
(6) CLAIMING YOUR PRIZE
To be declared a winner (“Winner”), each Selected Entrant must answer correctly, without assistance of any kind, whether mechanical or otherwise, a time-limited mathematical skill-testing question posed either by telephone or email at the telephone number or email address on the account of record for that Selected Entrant, or on their no-purchase mail-in Entry, as applicable. The Selected Entrant will be required to sign a Declaration, Release and Waiver Form (the “Release Form”) confirming compliance with the Official Rules, acceptance of the Prize as awarded, without substitution, and releasing the Released Parties from any liability in connection with the Prize or the Contest.
If a Selected Entrant does not meet all of the Contest requirements, fails to correctly answer the mathematical skill-testing question or does not sign and return the Release Form to the Contest Sponsor within the time-frame specified, that Selected Entrant will forfeit their Prize and the Contest Sponsor shall be entitled (but not obligated) to select another Entrant from the remaining eligible Entries until such time as contact is made with an Entrant or there are no more eligible Entries, whichever comes first. This process may continue until each Prize has been awarded or there is insufficient time to permit the awarding of any Prize (in which case the above-noted process will apply to such alternate Entrant). The Contest Sponsor are not responsible, whether as a result of human error or otherwise, for any failure to contact any Selected Entrant. The Contest Sponsor will contact each Winner following receipt of their signed Release Form to arrange for delivery of the respective Prize.
GENERAL RULES
In the event of a conflict between the Official Rules and any instructions or interpretations of these Official Rules given by an employee of the Contest Sponsor regarding the Contest, these Official Rules shall prevail. In the event of any discrepancy or inconsistency between the terms and conditions of these Official Rules and disclosures or other statements contained in any Contest-related materials, the terms and conditions of these Official Rules shall prevail, govern and control.
(7) INDEMNIFICATION
By submitting an Entry into this Contest, each Entrant confirms his or her understanding of and compliance with these Official Rules. Each Entrant, and their representatives, heirs, next of kin or assignees (“Entrant’s Representatives”), hereby releases and holds the Released Parties harmless from any and all liability for any injuries, loss or damage of any kind to the Entrant, Entrant’s Representatives 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 Official Rules, or in any Prize-related activity. The Entrant and Entrant’s Representatives agree to fully indemnify the Released Parties from any and all claims by third parties relating to the Contest, without limitation.
(8) LIMITATION OF LIABILITY
None of the Released Parties assumes any liability 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 for any technical or human error which may occur in the processing of Entries, the selection of the Winner or for any printing or other errors in any Contest materials. The Released Parties assume no responsibility for any error, omission, tampering, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or authorized access to, or alteration of Entries. The Released Parties are not responsible for any problems, viruses or technical malfunction of any telephone network or lines, computer on-line systems, servers or providers, computer equipment, software, failure of email or Direct Messaging on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to Entrants or to any other person's computer related to or resulting from participating or downloading materials in the Contest.
None of the Released Parties assumes any liability for any personal injury or property damage or losses of any kind, including without limitation, direct, indirect, consequential, incidental or punitive damages which may be sustained to an Entrant's or any other person's computer equipment resulting from an Entrant's attempt to either participate in the Contest or download any information in connection with participating in the Contest or use of any website. Without limiting the foregoing, everything on any website is provided "as is" without any warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement.
(9) CONTEST ADMINISTRATION
All decisions regarding the Contest remain with the Contest Sponsor. The Contest Sponsor reserves the right, in its sole discretion, to modify, cancel, suspend and/or terminate any or all parts of the Contest for any reason.
The Contest Sponsor reserves the right, in its sole discretion, to disqualify any individual found to be in violation of these Official Rules. The Contest Sponsor reserves the right to refuse an Entry from a person whose eligibility is in question or who has been disqualified or is otherwise ineligible to enter. Any attempt to tamper with the entry process, interfere with these Official Rules, deliberately damage any website or undermine the administration, security or legitimate operation of the Contest, is a violation of criminal and civil laws, and the Contest Sponsor reserves the right to seek damages and/or other relief (including legal fees) from all persons responsible for such acts to the fullest extent permitted by law, which may include banning or disqualifying Entrants from this and future contests of the Contest Sponsor. In their sole determination, the Contest Sponsor may disqualify any person who acts in any manner to threaten or abuse or harass any person and to void all such person’s associated Entries. The Contest Sponsor reserves the right, in its sole discretion, to terminate or suspend the Contest should fraud, virus, bugs, or other reasons beyond the control of the Contest Sponsor corrupt the security, proper play or administration of the Contest.
(10) PRIVACY AND PUBLICITY RIGHTS
By accepting a Prize, each Winner agrees to allow the Contest Sponsor and respective subsidiaries and affiliates, promotional and advertising agencies and representatives the right to use their name, biographical information, image, photos and/or likeness and statements for programming, promotion, trade, commercial, advertising and publicity purposes in connection with this Contest, at any time or times, in all media now known or hereafter discovered, worldwide, including but not limited to on television, video, the World Wide Web and Internet, without notice, review or approval and without additional compensation, except where prohibited by law.
The Contest Sponsor respects your right to privacy. Personal information collected from Entrants will only be used by the Contest Sponsor to administer the Contest and, only if consent is actively given at the time of entry, to provide Entrants with information regarding upcoming promotions and/or events from the Contest Sponsor. For more information regarding the manner of collection, use and disclosure of personal information by (a) MLSE, please refer to the privacy policy available at http://www.mlse.com/privacy
(11) GOVERNING LAW
The Contest shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Without limiting the generality of the foregoing, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations as between any person and/or Entrant and the Contest Sponsor in connection with the Contest shall be governed by and construed and interpreted in accordance with the internal laws of the Province of Ontario, Canada, including the procedural provisions of those laws, 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. The Contest Sponsor and all Entrants hereby attorn to the jurisdiction of the courts of that Province, sitting in the City of Toronto, Ontario, in respect of the determination of any matter, issue or dispute arising under or in respect of these Official Rules and/or the Contest and agree that any such determination shall be brought solely and exclusively before such courts.
The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with the terms as if the invalid or illegal provision were not contained herein.
Any words herein importing the masculine gender shall include the feminine gender and vice versa in both the singular and the plural.
