This contest is INTENDED FOR RESIDENTS OF CANADA ONLY, EXCLUDING RESIDENTS OF QUEBEC and PRINCE EDWARD ISLAND, AND WILL BE GOVERNED by ONTARIO law.
BY CHECKING THE “I ACCEPT” BOX AND SUBMITTING THE REGISTRATION FORM OR ACCESSING, USING OR INSTALLING ANY PART OF THE SERVICES CONTAINED ON THE ELIMINATORPOOLS.COM WEBSITE (THE “WEBSITE”), YOU EXPRESSLY AGREE AND CONSENT TO BE BOUND BY ALL OF THE RULES SET FORTH IN THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST SELECT THE “I DO NOT ACCEPT” BUTTON AND YOU MAY NOT ACCESS, USE OR INSTALL ANY PART OF THE SERVICES CONTAINED ON THE WEBSITE. YOU MAY PRINT THESE PAGES FOR YOUR RECORDS. BY ACCESSING THE WEBSITE, YOU UNDERSTAND AND AGREE THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN.
ELIGIBILITY:
EliminatorPools fantasy sports contests offered by EliminatorPools.com (“Contest” or “Contests”) are open to legal residents in Canada (excluding the Provinces of Quebec and Prince Edward Island) who have reached the age of majority in their province or territory at the time of entry and are governed by Canadian law. Employees of Eliminator Pools (“EliminatorPools”) or other parties involved in any aspect of the creation, production, operation, execution and fulfilment of a Contest and the immediate family members of such individuals are eligible to participate and/or win. Participation in a Contest constitutes the full and unconditional agreement to these Terms and Conditions and the rules for each Contest.
HOW TO ENTER:
Each Contest is available to any person who is eligible and who (i) registers on the Website and becomes a member; (ii) completes the registration process on the Website; (iii) meets the qualifications set forth herein; and (iv) affirmatively accepts these Terms and Conditions and the associated privacy policy.
Each type of Contest is described in the “Contest Description” section of the Website. Each such Contest varies in duration as predetermined and set forth in that Contest’s rules. Individuals who participate in a Contest (each, a “Entrant” or collectively, the “Entrants”) may purchase any denomination of electronic credits (a “Credit” or “Credits”, as the case may be) which are fully redeemable towards the purchase of goods sold in EliminatorPools’s online store (the “e-Store”). Upon purchase of Credits, the exact denomination of purchased Credits will be automatically deposited into the Entrant’s account for redemption in the e-Store. All purchases made by an Entrant in the e-Store will be subject to the e-Store’s Terms and Conditions, which may be found by clicking here. As an added “bonus” to the purchase of Credits, Entrants may elect, at no additional charge, to apply the denomination of Credits to their participation in a Contest. The amount of Credits which grant an Entrant access to a particular Contest will be established and set forth on the applicable Contest page and in that Contest’s rules. Access to Contests is restricted to those Entrants who have applied the requisite number of Credits.
ELIMINATORPOOLS WILL NOT ACCEPT CASH FOR ACCESS TO CONTESTS, ALL ENTRANTS MUST APPLY CREDITS TO IN ORDER TO PARTICIPATE IN CONTESTS AND TO BE ELIGIBLE FOR PRIZES.
Each Contest will only have a limited number of openings, and Entrants will be accepted on a first come, first serve basis. Each Contest shall have a minimum, and maximum, number of Entrants as set forth on the respective Contest page and in that Contest’s rules (the “Required Entrants”). Individuals cannot enter a specific Contest more than once. Any Contest which does not attract the Required Entrants will be cancelled prior to commencement and Entrants who applied Credits to their participation in a Contest will be refunded those Credits in full subject to the applicable Contest’s rules.
EliminatorPools is not responsible for attempted Contest registrations that are lost, late, illegible, misdirected, damaged, incomplete or incorrect, or for your failure to participate in, or complete, a scheduled Contest. If you fail to enter a Contest, including without limitation where you cannot access the Website for any reason whatsoever, you will not be able to participate in that Contest.
PURCHASE OF CREDITS:
Credits can be purchased via either credit card (Visa®, MasterCard®, American Express®) or your PayPal® account. The cost of purchased Credits will appear on your credit card or PayPal® account statement, as applicable, through the identifier “EliminatorPools.com.” EliminatorPools authorization to bill for entry into the Contests is obtained by way of your electronic signature. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency.
CONTEST PRIZES:
Entrants who win a contest will receive a cash prize (the “Prize”). If more than one Entrant wins a Contest, the Prize amount will be divided amongst all winning Entrants in equal shares. The value of each Contest’s Prize will be a fixed amount pre-determined prior to the commencement of the Contest and will be set forth on the respective Contest page and in that Contest’s rules. Entrants should check the Contest page of each Contest for a description of its particular Prize prior to applying Credits to enter into the Contest.
Subject to the requirements set forth herein, Prize amounts will be deposited directly into the winners’ account. Prize winnings can be withdrawn from the account via check or deposit into your PayPal® account; provided, however, that PayPal® may deduct a service fee in connection with any such deposits. EliminatorPools shall not be held responsible for any delays in awarding the Prize for any reason outside of their control. The Prize is not transferable and must be accepted as awarded. No interest will be paid on any Prize. The Prize will only be awarded to the verified winner. If a potential winner is found to be ineligible or declines to accept the Prize, the Prize will be forfeited.
Entrants are responsible for paying any sales, use or other taxes related to any Prizes awarded in connection with any Contest. EliminatorPools reserves the right to withhold taxes from any Prize, as appropriate and to charge, collect or remit any taxes from a Prize in its sole discretion.
ALL DETERMINATIONS BY ELIMINATORPOOLS WITH RESPECT WINNERS AND PRIZES WILL BE MADE IN ELIMINATORPOOLS’S SOLE AND ABSOLUTE DISCRETION, AND WILL BE FINAL AND BINDING.
GENERAL:
By entering a Contest, each Entrant agrees to the publication, reproduction and/or other use of his/her name, address, voice, statements about the Contest, and/or photograph or other likeness without further notice or compensation, in any publicity or advertisement carried out by EliminatorPools in any manner whatsoever, including print, broadcast or the Internet. All entries become the property of EliminatorPools, which assumes no responsibility for lost, delayed, incomplete or misdirected entries. Each Contest is subject to all applicable federal, provincial and municipal laws. The decisions of EliminatorPools with respect to all aspects of any Contest are final and binding on all Entrants without right of appeal, including, without limitation, any decisions regarding the eligibility/disqualification of entries. Please review the Privacy Policy for further information.
Without limitation, the employees or agents of EliminatorPools, and its advertising and promotion agencies (the “Parties”) will not be liable for any failure of the Website during any Contest; for any technical malfunction or other problems relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; for the failure of any entry to be received by the Parties for any reason including, but not limited to, technical problems or traffic congestion on the Internet or at any website; or any combination of the above. Further, the Parties will not be liable for any injury or damage to a Entrant’s or any other person’s computer related to or resulting from participating or downloading any material in any Contest.
In the event of a dispute regarding who submitted an entry or applied Credits to a Contest, online entries and Credit applications will be deemed to have been submitted by the authorized account holder of the email address submitted at the time of entry. “Authorized account holder” is defined as the person who is assigned an email address by an internet provider, online service provider, or other organization (e.g. business, educational institute, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. A selected Entrant may be required to provide proof that he/she is the authorized account holder of the email address associated with the selected entry. The sole determinant of the time for the purposes of a valid on line entry in any Contest will be the Contest’s server machine(s).
ELIMINATORPOOLS DOES NOT WARRANT THAT AN ENTRANT’S ACTIVITIES OR THE USE OF THE WEBSITE ARE LAWFUL IN ANY PARTICULAR JURISDICTION AND ELIMINATORPOOLS DISCLAIMS ALL SUCH WARRANTIES, INCLUDING ANY EXPRESS OR IMPLIED WARRANTY.
EliminatorPools reserves the right to cancel or amend any Contest in any way at any time and from time to time, in the event of an error, technical problem, computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure or any other cause beyond the reasonable control of EliminatorPools that interferes with the proper conduct of a Contest as contemplated by these Terms and Conditions and the Contest’s Rules. Any attempt to deliberately damage any website or to undermine the legitimate operation of a Contest is a violation of criminal and civil laws and should such an attempt be made, EliminatorPools reserves the right to seek remedies and damages to the fullest extent permitted by law.
EliminatorPools reserves the right to amend these Terms and Conditions and any Contest’s rules without prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind.
EliminatorPools reserves the right, in its sole discretion, to deny access to any Contest and/or the e-Store to anyone at any time for any reason, whatsoever. The registration data that the Entrant must supply on the Website in order to access the e-Store and/or a Contest may include, without limitation, some or all of the following: (a) the Entrant’s full name; (b) e-mail address; (c) billing address; (d) daytime, evening and/or cellular telephone numbers; (e) credit card information; (f) at the Entrant’s option, his/her PayPal® account information; (g) date of birth; and/or (h) any other information requested on the applicable form (the “Registration Data”). The Entrant agrees to provide true, accurate, current and complete Registration Data and to update his/her Registration Data as necessary in order to maintain it in an up to date and accurate fashion. EliminatorPools will verify and approve all registrants in accordance with its standard verification procedures. During registration, the Entrant will be asked to provide the Entrant’s name and password to use as his/her account log-in identification, where applicable (“Log-In”). If the Log-In that the Entrant requests is not available, the Entrant will be asked to supply another Log-In. If EliminatorPools approves the Entrant’s application, EliminatorPools will set up the Entrant’s specific account (“Services Account”). The Entrant is responsible for maintaining the confidentiality of his/her Services Account, Log-In and for restricting access to his/her computer, and the Entrant agrees to accept responsibility for all activities that occur through use of his/her Services Account and Log-In.
By participating in a Contest (except where prohibited by law), each Entrant agrees: (i) to hold EliminatorPools, its affiliates, subsidiaries and divisions and the respective directors, officers, employees and assigns of each of the foregoing (each, an “Indemnified Party”) harmless against any and all claims and liability arising out of the Entrant’s participation in the Contest or otherwise on the Website; and (ii) to waive any and all right(s) to claim any loss or damage of any kind, including, without limitation, punitive, incidental and consequential damages, legal fees or any other damages (other than actual out-of-pocket costs incurred to enter) against any Indemnified Party relating to the Website or a Contest.
By entering a Contest, each Entrant expressly consents to EliminatorPools, its agents and/or representatives, storing, sharing and using the personal information submitted with his/her entry only for the purpose of administering such Contest and in accordance with EliminatorPools’s Privacy Policy, unless the Entrant otherwise agrees.
The Website is to be used by each Entrant for his/her private personal use. Please note that the Website is not for use by individuals connecting to the Website from jurisdictions from which it is illegal to do so. EliminatorPools is not able to verify the legality of the Website in each jurisdiction and it is the Entrant's responsibility to verify such matters.
YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE IS NOT A GAMBLING WEBSITE AND, ACCORDINGLY, ANY FEEDBACK RELATING TO GAMBLING, BETTING, WAGERING OR THE FACILITATION THEREOF ARE STRICTLY PROHIBITED.
For purposes of these Terms and Conditions, “PayPal” shall mean PayPal, Inc., “Visa” shall mean Visa USA, “American Express” shall mean American Express Company and “MasterCard” shall mean MasterCard International, Inc. Please be advised that EliminatorPools is not in any way affiliated with PayPal, Visa, American Express or MasterCard and the Contests are neither endorsed, nor sponsored, by any of those entities. PayPal® is a registered trademark of PayPal, Inc. Visa® is a registered trademark of Visa USA. American Express® is a registered trademark of American Express Company. MasterCard® is a registered trademark of MasterCard International, Inc.