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TERMS AND CONDITIONS

We’re delighted you want to participate in the Canadian Choice Award.

Please read our ‘terms and conditions’. These are applicable if you participate in the award, use this website or interact in any way with Canadian Choice Award. If you do not agree with these terms and conditions you may not use any Canadian Choice Award property. By participating in the Award or using the website or participating in any promotional/interactive activity disseminated by Canadian Choice Award, you agree to be bound by these terms and conditions.

To keep the competition fair, if you don’t comply with these terms and conditions, we reserve the right to disqualify you, exclude your entry or declare your entry ineligible. Canadian Choice Award reserves all rights to administer all aspects of the award, its website and all property associated with the award.

Canadian Choice Award is excited to have your business as one of the many that are participating in the competition. This is optional participation. If you wish to withdraw from the competition, you must inform Canadian Choice Award of your decision to do so through our online form available on http://canadianchoiceaward.ca/.

Our privacy statement will apply for your involvement in the Award. You will find our privacy statement here at http://canadianchoiceaward.ca/. As part of your participation we collect all kinds of information relating to you and your business, including your responses to the entry forms which are then used to generate the Business Benchmark Report as well as site visits and interviews. We may share this information with our related entities, business partners, sponsors or other third party service providers engaged to help us with the Award, and may continue to do so, even after you have participated in the Award. By participating you consent those with access to your information to use it to administer the Award, send you marketing, invite you to be part of our initiatives including case studies, polls/surveys and to improve any products and services of ours, our related entities and our Sponsors.

If you would like to access or correct the personal information that we hold about you, or wish to withdraw your consent to receive Award material contact the Canadian Award Team. One last thing – any reference to ‘you’ or ‘your’ includes you in your personal capacity, as a representative of the business, as well as the business being entered into the Award.

All content made available by Canadian Choice ward, including the manner in which it is presented, are subject to copyright © Canadian Choice Award, its partners and licensors. We reserve all rights to all content produced by Canadian Choice Award, including but not limited to the logo and logo design, text on the website and social media channels, design and layout of all Canadian Choice Award properties such as advertising, logos, badges, trophies, emails and more. You may not use, modify, transmit, retransmit, distribute, sell, publish, broadcast or communicate any content without the express written permission from Canadian Choice Award and owner of the content.

Canadian Choice Award trademarks, including but not limited to the Canadian Choice Award logo, and any designs or text, belong to Canadian Choice Award. They may not be used or recreated without the express written permission of Canadian Choice Award and the trademark holder. Any unauthorized use of any Canadian Choice Award registered or unregistered trademarks and property is strictly prohibited.

Instructions on how to enter, the Award categories and the process for judging is set out at http://canadianchoiceaward.ca/. These sections also form part of the terms.

Some of the material, software, information, graphics, services and other Canadian Choice Award material require registration or subscription. If you choose to register or subscribe for the same, you agree to provide accurate and current information about yourself, your business and any other information that is requested. If information provided by you is found to be incorrect, whether deliberately or mistakenly, Canadian Choice Award reserves the right to terminate subscription or registration. Any payments made in relation to registration or subscription will be forfeited to Canadian Choice Award.

You agree to comply with all laws, regulations and policies governing or regulating your business formally or informally in the participation of Canadian Choice Award. We may investigate any violations of the law and comply with law enforcement agencies in the prosecution of your illegal/violating acts. You also agree not to –

  • Post, transmit, publicize or distribute any materials, information or content which constitutes or advocates or encourages conduct that is criminal offense in Canada or in your jurisdiction.
  • Post, transmit, publicize or distribute or depict any Canadian Choice Award materials, information or content which constitutes or advocates or encourages conduct that is criminal offense in Canada or in your jurisdiction or restricts another participant from using the same.
  • Modify in any way, defame, desecrate any Canadian Choice Award property that has been shared with you.
  • Stop using Canadian Choice Award property immediately upon being asked to cease and desist from its use by Canadian Choice Award or its agent.
  • Make defamatory, derogatory, obscene, indecent comments, claims, representation or communication about Canadian Choice Award, the Award process, social media communication, results, winners or any other aspect of Canadian Choice Award.

You agree that we may use your logo, business identity, details about your business or personal identity in any way in any material which promotes the Award or the products or services of us or our Sponsors. You agree to allow us and the Sponsors to contact you to provide comments about the Award and to take photos or video footage of you, your business and your representative(s), and use any of the material collected as part of your participation. You grant us a worldwide, royalty-free, perpetual, irrevocable and non-exclusive right to license to use the materials for promotional purposes. You warrant that all ‘moral rights’ in such materials have been waived.

All intellectual property rights related to the Award, including the information and data we collect, belong to Canadian Choice Award. You also assign, including by way of a present assignment, and assignment of all rights that may arise in the future, all intellectual property rights related to any and all materials that arise in relation to your participation in the Award.

You are only eligible to win one prize. We reserve the right to withdraw a prize if there are no eligible entrants to receive that prize.

By accepting a prize, you agree to participate in and cooperate as required with all reasonable marketing activities relating to the prize including but not limited to being interviewed and photographed. We reserve the right to use your comments, image and name for advertising and publicity purposes in any media in perpetuity without compensation.

We reserve the right, at any time, and in our sole discretion to (a) request entrants to provide proof of identity and/or proof of valid entry (b) disqualify any entrant who we have reason to believe has breached any of these conditions or engaged in any unlawful or other improper conduct or any conduct calculated to jeopardize the fair and proper conduct of the promotion.

We are not liable for any prize that may be lost, stolen, forged, damaged or tampered with in any way after it leaves our possession.

We are not responsible for any variation in the value of a prize.

If for any reason, we are not able to conduct the promotion as planned, including due to tampering, unauthorized intervention, fraud, any technical difficulties or any other causes beyond our control, which corrupt or affect the administration, security, fairness, integrity or proper conduct of this promotion, we reserve the right in our sole discretion to take any action that may be available.

We exclude all warranties in relation to the quality, suitability or merchantability of a prize, except those that cannot be excluded by law. To the fullest extent permitted by law, any liability of the Promoter or its employees or agents for breach of any rights a consumer may have which are unable to be excluded under Australian Law, is limited to the payment of the costs of having the prize supplied again.

To the extent permitted by law, we are not liable for any loss (including indirect and consequential loss) or damage or personal injury suffered or sustained in connection with the promotion including the supply of goods or services by any person to the prize winners, and where applicable to any persons accompanying the prize winners. We accept no responsibility for any tax liabilities that may arise from winning the prize.

You agree to defend, indemnify and hold harmless all members of Canadian Choice Award and each of their respective officers, directors, employees and agents, including all third parties associated/partnering with Canadian Choice Award, 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 or use of a Canadian Choice Award property, service or content; or (c) your use or reliance on, or publication, communication or distribution of anything on or from Canadian Choice Award. You will use your best efforts to cooperate with Canadian Choice Award in the defense or prosecution of any claim. Canadian Choice Award reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

To the extent permitted by law, we will not be liable for any loss or damage or personal injury suffered or sustained in connection with the Award. You will indemnify us and our officers, employees or agents against any loss or liability from any claim or action that arises as a result of a breach of these terms by you, or your use of the materials or information supplied by you under these Terms. You irrevocably and unconditionally consents to all acts being done that would otherwise breach your Moral Rights.

If we are unable to provide a winner with a prize (or part of a prize), we will supply an alternative prize (or part of a prize) of similar monetary value. Prizes are not transferable or exchangeable and are not redeemable for cash. If a prize has not been claimed it will be distributed at our absolute discretion.

You expressly understand and agree that: (a) to the maximum extent permitted by applicable law, Canadian Choice Award properties and any of the services and content are provided on an “As is” and “As available” basis and that each of Canadian Choice Award, its agents, representatives and licensors and each of their respective affiliates do not make any, and hereby disclaims all, representations, warranties, terms, conditions and endorsements (collectively the “Warranties”) of any kind, whether express or implied, as to any matter hereunder, including without limitation, any implied warranties of merchantability, fitness for a particular purpose, non-infringement, title, accuracy, suitability, reliability, freedom from infections or viruses or completeness as well as any warranties arising by statute or otherwise in law or from a course of dealing or usage of trade; and (b) to the maximum extent permitted by applicable law, Canadian Choice Award specifically makes no warranties that a Canadian Choice Award property or any of the services, including any content, information, products or services obtained from or through the use of a Canadian Choice Award property or any of the services, will be provided on an uninterrupted, timely, secure or error-free basis or that such services or the results derived therefrom will meet your requirements or expectations.

You expressly understand and agree that in no event will Canadian Choice Award be liable for any damages whatsoever, including any direct, indirect, incidental, consequential, special or exemplary damages, and any damages for loss of profits, savings, goodwill or other intangible losses, regardless of whether Canadian Choice Award had been advised of 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 of the services of top choice media group property, or (b) any unauthorized access to or modification to any of your content or transmissions, or (c) any other matter relating to a Canadian Choice Award or any of the services.

You are permitted to nominate once per nominee, per city, per industry, per year. The email address may be confirmed to verify the nomination. Using multiple email addresses, legitimate or otherwise, to nominate for the same nominee is a violation of the voting rules. Any automated system, including the use of robots or spiders in any way to influence the nomination is not allowed.

If Canadian Choice Award detects any abuse of the nomination system, we reserve the right to remove the infringing nominations without prejudice or notice. Nominations can be removed actively or retroactively at any point during the survey.

These terms and conditions and those of any agreements you enter into with Canadian Choice Award are personal to you and you cannot assign your rights or obligations to anyone else. Canadian Choice Award’s failure to strictly enforce any provision will not constitute a waiver of the term or condition or the agreement/terms and condition as a whole. If any of the provisions of these terms and conditions is found to be unenforceable or void or invalid, it will not affect the operation of the rest of the agreement. Any such clause must then be read as fulfilling the spirit of the terms and conditions as determined/set out by Canadian Choice Award.