Example: Winning Ticket Number
Claim Your PrizeALL FIELDS ARE REQUIRED!
Please read and agree to the Waiver
WAIVER & RELEASE
TO: Electronics Boutique Canada Inc. (“Sponsor”), Sponsor’s parent, subsidiaries and affiliates, Sponsor’s service providers and their respective employees, directors, officers, agents and representatives (collectively, the “Released Parties”).
RE: Participation in PULL N PLAY contest (the “Contest”) and award of Contest prize
In conjunction with my participation in the Contest, my selection as one of the winners of the Contest and my award and receipt of a Contest prize (the “Prize”), I, the undersigned (the “ Proposed Winner”), agree as follows:
1. I represent that I am eligible to receive the Prize awarded to me in the Contest. Without limiting the foregoing, I represent that I satisfy all eligibility requirements (including, without limitation, eligibility requirements as to my age or place of residence) set forth in the official Contest rules, which I acknowledge having read and understood, and any other requirements imposed by law.
2. I give permission irrevocably and in perpetuity to Sponsor and its parent, subsidiaries and affiliates to, without additional compensation to me, use, adapt, reproduce, distribute, display and publicly perform my name, visual likeness and biographical data, in whole or in part, worldwide, in connection with the promotional or marketing activities of Sponsor and/or those of its subsidiaries or affiliates.
3. I acknowledge that any acceptance and/or use of the Prize is solely at my own risk. I further understand that use of the Prize may be subject to regulatory conditions and/or restrictions and that I am solely responsible for complying with these and obtaining any required permits, licenses, registrations and other consents and authorizations. Therefore, i, on behalf of myself and my assigns, heirs, devisees and estate (collectively, “Successors”), hereby unconditionally and forever release, discharge and agree to hold harmless the Released Parties, from any and all claims, judgments, costs, damages, losses, expenses and liabilities (whether arising under a theory of contract, warranty, tort (including negligence [whether active, passive or imputed], strict liability, product liability or any other theory) relating to any claim i may now or hereafter have with respect to any death, personal injury, property damage, pecuniary loss or other loss, damage, cost or expense (collectively, “ Harm”) that may be suffered by me or any third party as a result of the Contest, any use by Sponsor of my name, visual likeness or biographical data, or in connection with my acceptance, participation in, use of and/or inability to use any prize awarded to me, even if such harm is caused solely by the recklessness, negligence or fault of one or more Released Parties (collectively, the “Released Claims”). For residents of Quebec: The foregoing exclusion of liability does not exclude liability for material injury caused to another through an intentional or gross fault or for bodily, or for moral injury caused to another.
4. I specifically understand and agree that this release and discharge (“ Release”) will prevent me and my Successors from bringing a lawsuit, claim or other action against Sponsor or any other Released Party and from recovering any money damages or other legal relief from Sponsor or any other Released Party in connection with any of the claims described in this Release.
5. If any provision of this release is found to be unenforceable in any respect by a court, it is my intention and understanding that this release shall nonetheless be enforced to the maximum extent to which it is found by the court to be legally enforceable. To the extent permitted by applicable law, I hereby waive the benefit of any provisions of any statute or other law that might adversely affect the rights of Sponsor or any Released Party under this Release.
6. This Release shall be governed by the laws of the Province of Ontario, without reference to its choice of law rules. I irrevocably consent to the exclusive jurisdiction and venue of the courts located in the City of Toronto, Ontario with respect to any claim or suit arising out of or in connection with this Release, the Contest, any delivery, failed delivery or non-delivery of any Prize or my acceptance, participation in, use of, or inability to use any Prize, and agree not to commence or prosecute any such claim or suit other than in the aforementioned courts.
7. I acknowledge and agree that my consent to the terms set forth above is material inducement for Sponsor to award a Prize to me and Sponsor would not do so in the absence of my consent as evidenced by my signature below.
8. This Release constitutes the entire agreement between myself and Sponsor with respect to the matters described herein, and supersedes any and all other agreements and communications, oral or written, between myself and Sponsor or any other Released Party with respect to such matters. This Release may not be amended or supplemented except by a writing signed by Sponsor specifically referencing this Release.
THIS IS A WAIVER AND RELEASE THAT affects my rights and remedies. I have read and understand the terms and conditions of this Waiver and Release and agree to be bound by these.Agree & Continue