Official Rules for All ToneConcepts Inc. and ToneConcepts.com Contests
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
1. SPONSOR: This promotion (the “Sweepstakes”) is sponsored by ToneConcepts Inc. (“Sponsors”), subject to the following terms and conditions.
2. ELIGIBILITY: Sweepstakes open to legal residents of the United States and Canada (see individual contest listing for eligibility in other countries). Void where prohibited by law. Entrants must be at least 18 years of age at time of entry, and possess a valid form of identification. Invalid or ineligible entries shall be excluded from consideration. Employees of Sponsors, their respective parents, subsidiaries, affiliated companies, and agents, and foregoing employees’ household or immediate family members (defined as parent, spouse, child, sibling, or grandparent) are NOT eligible to enter Sweepstakes. By their submission of entry, participants warrant they are legally entitled and authorized to make such submission, either on their own behalf, or as to information submitted upon the express authorization of another on whose behalf the information is submitted. In the event of a dispute as to the winner’s identity, entries will be deemed made by the holder of the email account associated with the entry.
3. HOW TO ENTER: Enter your information directly into the entry form located on the online sweepstakes. One entry per person; Use of automated devices or methods of submission are not valid forms of entry. Entries become the property of the Sponsors and will not be acknowledged or returned. Prizes are non-transferable and must be accepted as awarded. Winner will be responsible for all taxes (federal, state, and local) and all expenses not listed herein related to acceptance and use of any prize. Prize will be awarded if properly claimed. Limit one prize per household. All prizes shall be at the sole discretion of Sponsors and may be subject to change.
4. DRAWING: Winners will be selected by random drawing from all valid eligible entries received.
Drawing will be held on or about one week after contest ends. Drawing will be conducted by Sponsors, whose decisions on all matters related to the Sweepstakes shall be final and binding and within their sole discretion. Winning is contingent upon compliance with all terms and conditions set forth in these official rules; any entry drawn or any potential winner identified thereby found at any time to fail to comply with these official rules will be held invalid and ineligible for award.
5. NOTIFICATION: Winner will be notified only by email within one week following the drawing. Winner so notified must within seven (7) days of notice of award respond to email, otherwise risk forfeiture of prize(s). Failure to comply with the requirements of this paragraph (or the return of any prize or prize notification as non-deliverable) may result in disqualification and in the forfeiture of any right to a prize, in which case prize will be awarded to an alternate by random drawing.
6. PRIVACY POLICY: Submissions are subject to standard privacy policy, the terms of which can be found at http://www.toneconcepts.com/terms-and-conditions/, which terms and conditions entrants accept and agree to by submission of entries pursuant to these official rules. This Privacy Policy shall be governed by the laws of the Province of Ontario, Canada, without regard to its conflict of law provisions. Any dispute concerning this Privacy Policy or your use of this site shall be submitted to binding arbitration in Toronto, Canada, within one (1) year from the date that the cause of action arose (or, if multiple cause of actions are involved, from the date that the first cause of action arose), with such arbitration conducted pursuant to the then prevailing rules of the American Arbitration Association. To the fullest extent permitted by law, no arbitration brought pursuant hereto shall be joined to any other action or any other arbitration initiated pursuant hereto. If any portion of this Privacy Policy is deemed unenforceable, unlawful or void by a Court of competent jurisdiction, then that portion of the Privacy Policy will be deemed severable and will not affect the enforceability or validity of the remaining portions of this Privacy Policy.
7. RELEASE: By participating in the Sweepstakes and/or accepting a prize, a participant/winner agrees to defend, release and hold harmless the Sponsors and their respective parents, subsidiaries, affiliates, divisions, advertising and promotion agencies, and the foregoing companies’ officers, directors, shareholders, employees, representatives and agents (collectively “Releasees”) from and against any actions, claims and/or liability for injury, loss or damage of any kind, (including the violation or infringement of any proprietary or personal right of any individual or entity) resulting in whole or in part, directly or indirectly, from participation in the Sweepstakes, and/or the use, acceptance, or possession of a Sweepstakes prize, and/or participation in a Sweepstakes prize-related activity, including any action, claim or liability arising from the unauthorized submission of any information. By participating in the Sweepstakes and/or accepting a prize, a participant/winner consents to and gives the Sponsors the right to use, publish, and display a winner’s (and where applicable a participant’s) name, city and state, and prize awarded, for the purpose of advertising, trade, publicity and promotional purposes in any media now known or hereafter discovered, worldwide, and on the web, without review, notification or approval, all without additional consideration, unless prohibited by law.
8. CONDITIONS: Participants agree that by participating they release the Releasees from any liability in connection with: a) Entries that are ineligible as a result of being lost, late, illegible, damaged, incomplete, stolen, postage due, or misdirected: b) Any typographical or other human or technical errors in the offer or administration of the Sweepstakes, including but not limited to errors in advertising, these official rules, the selection and announcement of a winner(s), or the distribution/awarding of a prize(s); c) Any omission, interruption, deletion, defect, delay, misdirection, damage, injury, technical malfunctions or traffic congestion on the internet/telephone network, or at any website, or any combination thereof. Sponsors reserve the right to modify these rules for clarification purposes without materially affecting the term and conditions of the Sweepstakes. In the event that the Sweepstakes is infected by a computer virus/worm, or is not capable of running or being executed as planned (as a result of but not limited to an error, omission, defect, delay, misdirection, tampering, unauthorized intervention, fraud, action of entrants, or technical failure) or any other cause which in the sole opinion of Sponsors corrupts or affects the administration, security, fairness, integrity, or proper conduct of the Sweepstakes, Sponsors reserve the right in their sole discretion to disqualify any suspect entry or entrant and to cancel, terminate, modify or suspend the Sweepstakes. In the event of such cancellation, termination, modification or suspension, notice thereof will be posted at the entry website(s) mentioned above, and winner(s) will be determined solely by Sponsors in a random drawing from among all eligible non-suspect and/or non-disqualified entries. In such event, Releasees shall have no liability to any participant who is disqualified due to such an action. Failure to enforce any term of these official rules shall not constitute a waiver of that provision.
9. LAW: Subject to all federal, state, and local laws and regulations. Void where prohibited or restricted. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of entrants or Sponsor in connection with any drawing or award, shall be governed by, and construed in accordance with the laws of, the Province of Ontario, Canada, without regard to conflict of law principles. Any cause of action by you with respect to the offer (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in above. The language in these official rules shall be interpreted as in accordance with its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with the offer of these official rules shall be brought solely in Toronto, Ontario, Canada. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process.