Win Gear Rules
 

THE FOLLOWING CONTEST IS INTENDED FOR VIEWING AND PARTICIPATION ONLY BY PERSONS WHO ARE, AS OF ENTRY, 18 YEARS OF AGE OR OLDER, PHYSICALLY LOCATED IN AND LEGAL RESIDENTS OF THE 50 UNITED STATES, THE DISTRICT OF COLUMBIA, OR CANADA (EXCLUDING QUEBEC) ("TERRITORY") AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO CANADIAN LAW. NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN, NOR WILL A PURCHASE OR OPTING IN TO RECEIVE MORE INFORMATION IMPROVE ONE'S CHANCES OF WINNING

  1. SPONSOR: MAXPlus 2 Inc. 66 Glenwood Avenue, Toronto, Ontario, M6P 3C6 is solely responsible for all aspects of this contest ("Contest").
  2. BRIEF OVERVIEW OF CONTEST: This is a Contest to be conducted as single entry with all submissions due before December 31, 2010 EST. Entries consist of submission via the “Suggest a New Product and Win Some Gear” form (“Submission Form”). Sponsor will select one or more winners by judging based on originality and compatibility of the suggested product with Sponsor’s product line. Sponsor's computer is the official time keeping device for the Contest. The selection of all winners and awarding of all prizes are subject to the eligibility and forfeiture provisions set forth below.
  3. ELIGIBILITY: To be eligible for this Contest, at the time of entering, you must be: [1] a natural person legally residing in, and physically located within, the Territory; [2] 18 or older; [3] not an employee, consultant, independent contractor or intern who has, within the past six months, performed services for Sponsor or any organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Contest or supplying the prize, or their respective parent, subsidiary, affiliated or successor companies (collectively, "Entities"), nor a household member or immediate family member of any of such individuals and [4] willing to agree that your Submission may be featured and published on the Website or otherwise distributed, in connection with, or to promote, the Contest and/or the Website; [5] willing to agree that all concepts expressed in the Submission and any derived therefore become the sole property of the Sponsor. "Household members" shall mean people who share the same residence at least three months a year. "Immediate family member" shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses.
  4. ENTRY: During the Contest you may enter Submissions by [1] filling the Submission Form; [2] agreeing to these Rules. Only valid information will be accepted for the Submission Form as determined solely by the Sponsor; and, at Sponsor's sole discretion, you may be disqualified from the Contest if you create one or more invalid Addresses with intent to affect the integrity of the Contest. Internet access and usage charges imposed by your online service will apply. It is your sole responsibility to notify the Sponsor in writing if you change your Address.
  5. CONTEST MATERIALS: "Materials" include [1] all information and material submitted by you in connection with the Contest, including the Submission and all other forms, contracts or releases required to be submitted by you as a contestant, whether required by Sponsor prior to or after Entry; [2] your name, voice, likeness, image and biographical data as contained in or reflected by the Submission and [3] all photographs, artwork, writings, statements, dramatic materials, ideas, quotations and any other intellectual properties created by you in connection with the Contest, whether submitted to Sponsor or not, including the Submission. All material owned by Sponsor or its affiliated companies, including but not limited to any picture, logo, title art, etc., shall remain their property and you shall acquire no rights therein by virtue of the Contest.

    Except as specifically provided herein, by entering the Contest, you hereby grant to Sponsor, its licensees, distributors, agents, representatives and other authorized users, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit such Submissions, in whole or in part, in all media formats and channels now known or hereafter devised (including on Sponsor's websites, on third party web sites, on Sponsor's broadcast and cable networks and stations, on Sponsor's broadband and wireless platforms, products and services, on physical media, and in theatrical release), for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity (the "Submissions License"). The Submissions License does not limit any past or future grant of rights, consents, agreements, assignments and waivers you may have made or make with respect to Submissions. Upon Sponsor's request, you agree to assist Sponsor in obtaining the consent for any other applications.
  6. LIMITATIONS: By submitting the Materials for an Entry in the Contest, you represent and warrant to Sponsor that the Materials and everything depicted therein: [1] do not originate from a magazine, newspaper or other commercial or proprietary source; [2] do not infringe upon or otherwise violate any right of any person, firm or entity; [3] comply with these Rules; [4] do not contain any trademarks, logos, insignia, location signage, photographs, artwork or sculptures or other material (e.g., on props, costumes, background) that would infringe any third party's copyrights or trademarks; [5] have not previously been submitted in a contest of any kind or exhibited or displayed publicly through any means and [6] do not contain material which is (or promotes activities which are) sexually explicit, obscene, pornographic, violent (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), discriminatory (based on race, sex, religion, national origin, physical disability, sexual orientation or age), illegal (e.g. underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, harassing, defamatory, libellous, infringing or otherwise objectionable or unlawful as determined by Sponsor in its sole discretion.
    You further represent and warrant to Sponsor that: [1] you have all rights, licenses, permissions and consents necessary to submit the Materials in accordance with the Rules; [2] no person or entity other than you has any right, title or interest in and to any part of the Materials and [3] you are not subject to any agreement or arrangement that would interfere with your entering these Contests and granting all the rights granted hereunder or that would conflict with any other documentation required hereunder.

    Sponsor may, in its sole discretion, disqualify and remove any contestant that Sponsor deems to be in violation of these Limitations at any time. In event of a dispute regarding the identity of the person submitting an Entry, the Entry will be deemed to be submitted by the person in whose name the Address is registered. Entries by any method other than set forth above in Section 4 are void. Any use of automated or programmed methods of effecting Entry is prohibited. Neither the Sponsor, nor any of its officers, directors, shareholders, employees, agents or representatives (individually and collectively, "Releasees") are responsible for Entries from persons residing, or physically located, outside the Territory; or Entries that are altered, delayed, deleted, destroyed, forged, fraudulent, improperly accessed, inaccurate, incomplete, interrupted, irregular in any way, late, lost, misrouted, multiple, non-delivered, stolen, tampered with, unauthorized, unintelligible or otherwise not in compliance with these Rules; or for lost, interrupted or unavailable network, server or other connections; miscommunications; failed phone, computer hardware or software or telephone transmissions; technical failures; unauthorized human intervention; traffic congestion; garbled or jumbled transmissions; undeliverable emails resulting from any form of active or passive email filtering; insufficient space in your email account to receive email; or other errors of any kind, whether due to electronic, human, mechanical, printing, production or technical errors or other causes; even if caused by the negligence of any of the Releasees. Each of such potential Entries will be disqualified; and any contestant who attempts to enter with multiple Addresses or under multiple identities will be disqualified. Sponsor is not obligated to communicate with any contestant during the duration of the Contest. Void where prohibited or restricted by law and subject to all applicable federal, state, local and municipal laws and regulations.
  7. PRIZES: One prize of $500 worth of MAX+2 product per winner: Each winning Entry will be featured on the Contest page of the Website, the Product page, and Product Inspiration page and receive one (1) prize with a maximum approximate retail value ("ARV") of $500.00. Total maximum ARV of all prizes: $500.00. Prizes are not redeemable for cash or transferable. No substitution allowed except, at Sponsor's sole discretion, a prize of equal or greater value may be substituted. The prizes cannot be used in conjunction with any other promotion or offer. Prize elements may not be separated. All prize awards are subject to Sponsor's verification of eligibility and compliance with these Rules. All prizes will be awarded, provided there are sufficient eligible Entries received and prizes are validly claimed within thirty (30) days of being awarded, after which no alternate winners will be selected, nor unclaimed prizes awarded.
  8. PROCEDURE/JUDGING: Entries for the Contest may only be received during the applicable Entry Period. The Contest will be judged by Sponsor, who will select the potential winner on the basis of the Criteria.
  9. WINNERS: Each potential winner of the Contest will be notified by email. At the sole discretion of the Sponsor, disqualification, forfeiture and the selection of an alternate winner may result from any of the following: [1] potential winner's failure to respond to notification within two (2) business days after its transmission; [2] the return of an email notification as undeliverable after three (3) attempts; [3] the return of any prize as undeliverable; [4] potential winner's failure to provide Sponsor with satisfactory proof of age, identity and residency; [5] potential winner's failure to claim a prize within ten (10) days after it is sent; [6] potential winner's failure to validly claim any prize within thirty (30) days of being awarded and [7] any other non-compliance with these Rules. In the event of a prize forfeiture, the Sponsor may, in its sole discretion, award or not award the forfeited prize to an alternate winner. Each Canadian resident who is a potential winner will be required to answer correctly a mathematical skill testing question without assistance of any kind whether mechanical or otherwise to be declared a winner and be eligible to collect a prize. All federal, provincial, state and local taxes associated with the receipt or use of a prize are the sole responsibility of each winner.
  10. PRIVACY POLICY/DATA COLLECTION: Information provided by you for this Contest is subject to Sponsor's privacy policy.
  11. CONDITIONS: By entering the Contest and/or accepting a prize you may win, you agree, represent and warrant that: [1] you will be bound by the Rules and Sponsor's decisions, which shall be final and binding in all respects; [2] the Entry will not be acknowledged or returned; [3] you release and hold harmless the Releasees from any and all liability for claims, injuries, losses or damages of any kind, including without limitation, death and bodily injury, resulting, in whole or in part, directly or indirectly, from the Entry, selection or use of a Submission or from the awarding, delivery, acceptance, use, misuse, possession, loss or misdirection of any prize; participation in this Contest or in any Contest-related activity or travel or from any interaction with, or downloading of, computer Contest information; [4] the Releasees do not make any representation, warranty, or guarantee, express or implied, relating to the Contest or prizes; [5] winner's acceptance of any prize constitutes the grant to Sponsor and assigns of an unconditional right to use winner's name, address (city and state, province or country only), voice, likeness, photograph, biographical and prize information and/or statements about the promotion for any programming, publicity, advertising and promotional purposes without additional compensation, except where prohibited by law; [6] in the event viruses, bugs, unauthorized human intervention, Acts of God, acts or regulations of any governmental or supra-national authority, war, national emergency, accident, fire, riot, strikes, lock-outs, industrial disputes, acts of terrorism or other matters beyond the Sponsor's reasonable control, corrupt, prevent or impair the administration, security, fairness or proper play of the Contest, so that it cannot be conducted as originally planned, Sponsor has the right, in its sole discretion, to amend the Rules or to cancel, modify, terminate or suspend the Contest; and in such event, to select winners by such method as Sponsor in its sole discretion shall consider equitable; [7] the Releasees are not responsible for typographical or other errors in the offer or administration of the Contest, including but not limited to: errors in the advertising, Rules, selection and announcement of the winners and distribution of the prizes; [8] any portion of any prize not accepted or used by any winner will be forfeited; [9] the Releasees are not responsible for any inability of any winner to accept or use any prize (or any portion thereof) for any reason; [10] the Sponsor has the right, at any time in its sole discretion, to disqualify any individual it suspects: to be doing any of the following: (a) tampering or attempting to tamper with the Entry process or the operation of the Contest or the Website; (b) violating the Rules; (c) violating privacy policy or any other terms, conditions of use and/or general rules or guidelines of any Contest property or service; (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person or (e) for any other good cause as determined solely by the Sponsor and [11] Sponsor has the right to modify Submission mechanisms (including the systems used to conduct the Submission process), Entry and prize award procedures in its absolute and sole discretion.
  12. RULES & WINNERS' LIST: For winners' list (after December 31, 2010) and/or Rules (before December 31, 2010), send a self-addressed, stamped envelope to: Suggest a New Product and Win Some Gear Contest, MAX Plus 2 Inc. 66 Glenwood Avenue, Toronto, Ontario, M6P 3C6, designating either winners' list or Rules. All winners' first names, initial of last names and cities of residences will be posted on the Website.