These are our terms for the Fan Giveaway Contest and General Website Use.
Please read carefully.
Koolhaus Games Inc.
Fan Giveaway Contest Rules & Regulations
Please read carefully before entering the contest:
ACCEPTANCE OF TERMS OF CONTEST ENTRY
The following are the terms of a legal agreement between you and Koolhaus Games Inc., its subsidiaries and affiliates (hereinafter collectively referred to as "Koolhaus Games"). By entering the contest (hereinafter referred to as the "Fan Contest"), you acknowledge that you have read, understood, and agree to be bound by these terms and comply with all applicable laws and regulations. DO NOT ENTER THE FAN CONTEST IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OUTLINED IN THE TERMS OF CONTEST ENTRY.
- One 8 GB iPod Touch will be given away at the end of each preliminary round of voting.
- Grand Prize: one 16 GB iPad will be given away at the end of the final round of voting.
- All Fan Contest entrants must be of the age of majority.
- Entrants to the Fan Contest must reside in a country where the prize(s) are sold by the Apple Store and have an address to which the Apple Store will ship.
- No more than one entry per Fan Voting round per person may be submitted to the Fan Contest. Duplicate or multiple entries will be disqualified.
- At the end of each Fan Voting round, a winner will be chosen at random by Koolhaus from all Fan Contest entrants.
- Fan Contest entrants agree that the decision of Koolhaus in selecting the winner is final and is purely at the discretion of Koolhaus.
- Employees of Koolhaus and their relatives are ineligible to enter the contest.
- The winner will be notified by email and will have ten (10) days to confirm acceptance of the prize and their address. Failure to respond within ten (10) days will disqualify the winner and another winner will be chosen at random.
- The prize must be accepted as given and can not be substituted. There is no equivalent cash value. Prizes can not be exchanged for cash or other items.
- Fan Contest winners agree to have their name and country of residence used by Koolhaus for promotional purposes on the contest website, press releases, the Koolhaus website and for other promotional purposes directly related to the Contest.
- The cost of the prize and the cost of Apple standard shipping to the winner’s residence as stated in the entry form will be paid for by Koolhaus. No further costs will be paid by Koolhaus.
- Koolhaus will order the prize from the Apple Store within thirty (30) days of the contest winner being announced.
- Koolhaus accepts no responsibility or liability for the prize once the prize has been ordered from the Apple Store by Koolhaus.
- The responsibility for providing correct shipping information is purely that of the winner. Koolhaus accepts no liability for prizes that do not arrive at the Winner’s address due to negligence on the part of the Winner or the Apple Store.
- Koolhaus may change the Rules and Regulations of the Fan Contest at any time and without prior notice.
Please read carefully before using this site
ACCEPTANCE OF TERMS OF USE
The following are the terms of a legal agreement between you and Koolhaus Games Inc., its subsidiaries and affiliates (hereinafter collectively referred to as "Koolhaus Games"). By accessing, browsing, and/or using this site (hereinafter referred to as the "Site"), you acknowledge that you have read, understood, and agree to be bound by these terms and comply with all applicable laws and regulations. DO NOT USE THIS SITE IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OUTLINED IN THE TERMS OF USE. The material provided on this Site is protected by law, including, but not limited to, Canadian Copyright and Trademark law and international treaties. Koolhaus Games makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their content are illegal are prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
USER RESTRICTIONS
Except for the music recordings and songs listed under Track Title, the copyright in all material provided on this Site is held by Koolhaus Games. The copyright owner of the music recordings and songs (hereinafter collectively referred to as the “Music Recordings”) listed under Track Title is held by the music artist (or their assigns), listed under Band Name next to the Track Title. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Koolhaus Games or the respective copyright owner(s) of the Music Recordings. You may not, without Koolhaus Games's permission, "mirror" any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Koolhaus accepts no liability for any use or misuse by third parties of any Music Recording(s) or intellectual property posted on this site, including, but not limited to the downloading thereof, that is not the property of Koolhaus. For further details, see Contest Rules and Regulations and FAQ’s.
TRADEMARKS
Except for the Music Recordings and Band Names, the trademarks, service marks, and logos (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of Koolhaus Games. The trademarks, service marks, and logos of the Music Recordings and band names (the "Band Trademarks") used and displayed on this Site are registered and unregistered Trademarks of the rights holders of the respective Music Recordings as listed under Band Name. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Site, without the written permission of the respective Trademark owner. Koolhaus Games aggressively enforces its intellectual property rights to the fullest extent of the law. The Trademarks, including but not limited to, Koolhaus Games Inc., Koolhaus Games, Koolhaus Interactive, iMP, iMP: and iMP: Surf the Music, may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without the express prior, written permission of Koolhaus Games. Koolhaus Games prohibits use of the Koolhaus Games Inc., Koolhaus Games, Koolhaus Interactive, iMP, iMP: and iMP: Surf the Music logos as a "hot" link to any other web site unless establishment of such link is approved in advance by Koolhaus Games in writing. A partial list of Koolhaus Games Trademarks follows: Koolhaus Games Inc., KOOLHAUS GAMES INC, Koolhaus Interactive Inc., KOOLHAUS INTERACTIVE INC, Koolhaus Casual Inc., KOOLHAUS CASUAL INC, Koolhaus Mobile Inc., KOOLHAUS MOBILE INC, Koolhaus Games, the KOOLHAUS GAMES logo, iMP, IMP, iMP:, IMP:, iMP: Surf the Music and IMP: SURF THE MUSIC logo. You are directed to contact the respective rights holders of the Band Trademarks and Music Recording on this site directly for use of said Band Trademarks, Music Recording(s) or intellectual property. Koolhaus accepts no liability for any use or misuse by third parties of any Band Trademark(s), Music Recording(s) or intellectual property posted on this site that is not the property of Koolhaus. For further details, see Contest Rules and Regulations and FAQ’s.
DISCLAIMER OF WARRANTY
THE MATERIALS ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, KOOLHAUS GAMES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. KOOLHAUS GAMES DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS ON THIS SITE OR ANY SITES LINKED TO THIS SITE.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL KOOLHAUS GAMES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF KOOLHAUS GAMES OR A KOOLHAUS GAMES AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME JURSDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. Koolhaus Games and its suppliers further do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within these materials. Koolhaus Games may make changes to these materials, or to the products described therein, at any time without notice. Koolhaus Games makes no commitment to update the materials.
POSTINGS
You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.
GENERAL
You should be aware that when you are on Koolhaus Games' Site, you could be directed to other sites that are beyond our control. There may be links to other sites from Koolhaus Games that take you outside the service we provide. We take no responsibility and assume no liability for any content provided from such outside sources or for any mistakes, defamation, libel, slander, omissions, falsehoods, obscenity, pornography, or profanity contained therein. You shall not upload to, distribute through, or otherwise publish through this Site any content that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offence, violate the rights of any party, or that would otherwise give rise to liability or violates any law. Koolhaus Games may, at any time, revise these Terms of Use by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms of Use to which you are bound. This Agreement shall be construed in accordance with the laws of the Province of British Columbia, and the parties irrevocably consent to bring any action to enforce this Agreement in the Canadian federal and British Columbia provincial courts located in Vancouver, British Columbia, Canada. The parties also waive any defences to jurisdiction or venue to lawsuits brought by Koolhaus Games in these same courts. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to the subject matter. All rights not expressly granted herein are expressly reserved. This Agreement shall inure to the benefit of Koolhaus Games' agents, licensors, licensees, successors, and assigns.