- Sponsor. The BforKai “Share Your Story” Meningitis Awareness Campaign (the “Campaign”) is sponsored by BforKai (email@example.com) (the “Sponsor”). This Campaign is not sponsored, endorsed, or administered by, or associated with, any social media networking service, including but not limited to, Facebook, Instagram, Twitter, or TikTok.
- Eligibility. Participation in this Campaign is open to legal residents of Canada, who have reached the age of majority in their province or territory of residence at the time of entry (an “Eligible Entrant”).
By voluntarily participating in this Campaign, and in consideration of the Sponsor allowing the entrants to participate in the Campaign, and for other good and valuable consideration, all entrants acknowledge compliance with, and agree to be bound by, these Terms and Conditions and all decisions of the Sponsor, whose decisions shall be final and binding in all respects.
- Submitting a Story. A “MenB Story” is an entry made by an Eligible Entrant as a result of visiting the menBaware website (https://www.menBaware.ca/), clicking on “Share Your Story” and completing the prompts provided, including: reading and accepting these Terms and Conditions, entering your personal information, and submitting a written entry to answer the question, in no more than 2,500 characters, “What’s your MenB story?”.
Your MenB Story must be original, created solely by you, and over which you have full and absolute right, title and interest, including without limitation copyright. You must not create a false story, including but not limited to, creating a false identity or impersonate any person or entity, their story, or falsely state or otherwise misrepresent an affiliation with any person or entity. References in your MenB Story to persons who are either identified or determined by the Sponsor in its sole discretion to be identifiable or potentially identifiable require that you must have received appropriate permissions from such persons (or, in the case of minors, from the minors and their parents and legal guardians). The Sponsor, in its sole discretion, may require that you cause all such persons to provide written consents and or releases, in a form satisfactory to the Sponsor in its sole discretion (“Additional Consents”).
By submitting a MenB Story, you acknowledge your voluntary participation in the Campaign. You also understand that you will receive no compensation or remuneration for your participation. All entries must be complete and are subject to verification by the Sponsor in its sole discretion. Entries that are lost, stolen, illegible, contain false information, are damaged, incomplete, or otherwise irregular or that do not conform with or satisfy any or all of the conditions of the Terms and Conditions are not acceptable. Entries considered by the Sponsor in its sole discretion to be offensive, vulgar, obscene, contain reference to dangerous or illegal acts, or otherwise do not conform to the Sponsor’s corporate image, in its sole discretion, are not acceptable. No correspondence will be entered into except with selected participants identified in the sole and absolute discretion of the Sponsor (“Selected Participants”).
- Correspondence with Selected Participants. The Sponsor may, in its sole and absolute discretion, contact Selected Participants by email at the address provided when submitting their MenB Story, seeking further information about their MenB Story. Up to three (3) attempts may be made to contact Selected Participants. The Sponsor, at its sole discretion, may require Selected Participants to produce a piece of Government issued photo identification to confirm their identity, and/or to confirm receipt of any Additional Consents required at the sole discretion of the Sponsor. For greater clarity, but without limiting this section, the Sponsor may, in its sole discretion, use any MenB Story, or any portion or compilation of, or derivation from any MenB Story, in any future Publicity (defined below) without further notification, contact or permission whatsoever, in accordance with these Terms and Conditions.
- Account Holder: If the identity of a Selected Participant is disputed, the entry will be deemed to have been submitted by the individual assigned to the email address entered at the time of entry (the “Authorized Account Holder”), and a Selected Participant may be required to provide proof that they are the Authorized Account Holder associated with the MenB Story.
- Consent to Publicity. By participating in this Campaign and voluntarily providing personal information as described in these Terms and Conditions, including health and/or medical information, medical history, mental or physical condition, or medical treatment or diagnosis as disclosed in your MenB Story (“Medical Information”), you consent to, and voluntarily grant the right to, the collection, use and disclosure by the Sponsor and its successors, assigns, representatives, authorized agents, advertising and promotional agencies, and marketing partners, of your personal information, including your name, address (city and province), email address, postal code, telephone number, social media handle(s), comments, statements regarding the Campaign, information disclosed by you in your MenB Story, including any Medical Information you have provided in relation your MenB Story, and your image and/or likeness, whether on videotape, photograph or any other means (the “Released Information”), for the administration of the Campaign and/or in connection with any subsequent campaign, contest, publicity, advertising, marketing, promotion, merchandise, print materials, publishing, broadcasting, or any other use worldwide in any media now known or hereafter developed, including, but not limited to, the World Wide Web, the Sponsor’s Internet websites, and social media pages (“Publicity”) at any time, as is, or as may be edited by the Sponsor, and without any compensation, notice or review by you. Any and all information provided in this Campaign is provided to the Sponsor, not Facebook, Instagram, Twitter or TikTok.
- Ownership of MenB Story. By participating in this Campaign, you represent that at the time of entry, you are the sole owner of all ownership rights, title and interest, copyright and other intellectual property (including moral rights) in your MenB Story. By submitting a MenB Story, YOU RELINQUISH ALL OWNERSHIP RIGHTS, TITLE, INTEREST AND COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS IN YOUR MENB STORY TO THE SPONSOR, such that the Sponsor obtains all such rights, and you waive all moral rights therein. By submitting and relinquishing your rights, you understand that your MenB Story may be modified, edited, abridged and/or translated and may appear in any Publicity of the Sponsor. For greater clarity, but without limiting the previous sentence, the Sponsor may, in its sole discretion, use any MenB Story, or any portion or compilation of or derivation from any MenB Story in any future Publicity without any further compensation or notice to the entrant. If at any time your MenB Story is discovered to have been fraudulent, copied or plagiarized or if it otherwise infringes upon any of the rights outlined in these Terms and Conditions, including in relation to any Additional Consents, you, and not the Sponsor, will be solely responsible for any legal ramifications resulting from such breach or infringement and you will indemnify and save the Sponsor and other Released Parties (defined below) harmless from and against all such Claims (defined below).
- Release and Indemnity. By submitting a MenB Story, you acknowledge that you are granting the aforementioned permissions freely, and assuming for yourself all risk, including but not limited to personal injury or damage, which you may suffer, incur or cause as a result. By participating in this Campaign each entrant declares that: (i) they have read, understood, and have complied with these Terms and Conditions; (ii) they consent to the collection, use and disclosure by the Sponsor and its successors, assigns, employees, authorized agents, representatives, and marketing partners of the Released Information, without further notice, compensation or review, for the administration of the Campaign by or on behalf of the Sponsor, and/or in connection with any subsequent Publicity at any time, as is, or as may be edited by the Sponsor; and (iv) each entrant, their heirs, executors, administrators, successors and assigns RELEASES AND FOREVER DISCHARGES AND HOLDS HARMLESS the Sponsor, its affiliates, successors, assigns, agents, advisors, representatives, advertising and promotional agencies, marketing partners, suppliers, Facebook, Instagram, Twitter, TikTok, and their respective directors, officers, employees, members, shareholders, successors, assigns, and agents, and all others associated with the administration, development and execution of the Campaign (the “Released Parties”) from and against any and all manner of action, cause of action, claim or demand, rights, losses, damages (including, without limitation, direct, indirect, incidental, consequential or punitive damages) or expenses, including without limitation all costs and liabilities of any kind including solicitor fees, hereinafter called “Claims” AND INCLUDING WITHOUT LIMITATION ANY SUCH CLAIMS ARISING FROM ANY ACT OF NEGLIGENCE OR GROSS NEGLIGENCE of the Released Parties, that the entrant, their heirs, executors, administrators, successors or assigns now has or may hereafter have against the Released Parties directly or indirectly, by reason of or arising out of: (i) the entrant’s participation in the Campaign; (ii) the ownership and publicity rights granted to the Sponsor in these Terms and Conditions with respect to a MenB Story; and (iii) any additional expenses, omissions, delays, or re-routing resulting from any acts of any Government or authority. The entrant also agrees TO INDEMNIFY, DEFEND AND HOLD HARMLESS the Released Parties against any and all Claims that any of the Released Parties may suffer or incur as a result of any non-compliance by the entrant with any of the Terms and Conditions or participation in the Campaign and/or use of any entry by the Released Parties as intended. YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THESE TERMS AND CONDITIONS AND THAT YOU ARE VOLUNTARILY WAIVING SUBSTANTIAL LEGAL RIGHTS (ON MY BEHALF AND ON BEHALF OF MY HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS AND ASSIGNS), INCLUDING THE RIGHT TO SUE THE SPONSOR AND THE RELEASED PARTIES.
- Errors. The Sponsor is not responsible for: (i) incorrect or inaccurate entry information relating to a MenB Story, including but not limited to human error, technical malfunctions, lost or delayed entries for any reason, or any combination thereof, or entries that fail to fully comply with these Terms and Conditions; (ii) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in network hardware or software; (iii) lost, incomplete, delayed, mutilated or misdirected entries; (iv) injury or damage to entrants’ computers or to any other individual’s computer related to or resulting from participating in, or downloading any material regarding the Campaign; (v) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Campaign, including the use of entries by the Sponsor; (vi) the security or privacy of information transmitted via computer networks or for breaches of privacy due to interference by third-party computer hackers or otherwise; or (vii) lost, misdirected or unsuccessful efforts to contact a Selected Participant.
- Other Conditions. The Sponsor reserves the right, in its sole discretion, to terminate or amend this Campaign or modify these Terms and Conditions at any time and in any way, without prior notice to entrants. Without limiting the foregoing, if, for any reason the Campaign is not capable of running as originally planned for any reason, including but not limited to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes that corrupt or affect the security, administration, fairness, integrity or proper conduct of the Campaign, the Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, delay or suspend the Campaign.
- Law. The Campaign is void where prohibited by law and is subject to all applicable Canadian federal, provincial, territorial, municipal and local laws. This Campaign shall be governed exclusively by the laws of the Province of Nova Scotia, including all issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, rights and obligations between entrants and the Sponsor, and procedural provisions, without giving effect to any choice of law or conflict of law rules. If any provision contained herein is determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein.
- Intellectual Property. All intellectual property, including but not limited to trademarks, logos, designs, promotional materials, web pages, source codes, images, drawings, illustrations, slogans and representations are owned by the Sponsor. All rights reserved. Unauthorized copying or use of any of the Sponsor’s intellectual property without the express written consent of the Sponsor is strictly prohibited.
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