Effective April 19, 2012 it is with sadness that we announce Shweet contests are suspended. Check our Facebook page for further updates.
1. DEFINITIONS:
- “Advertiser” A person, firm or corporation that pays Sponsor or provides goods or services to Sponsor in exchange for the delivery of a Sweepstakes.
- “Shweet.com” shweet.com, a site owned and operated by Sponsor.
- “Channel” A social network, messaging service, blog service or other means by which a Promotion may validly be shared through Shweet.com. Channels are indicated with each Promotion. Two examples of Channels are Facebook and Twitter.
- “Member” A person who has registered on Shweet.com.
- “Promotion” The ad, message, video, offer, media, or other content that is to be shared on Shweet.com and for which Sponsor awards Shweet Points.
- “Releasees” Includes Sponsor; the current and past employees, officers, directors, contractors and shareholders of Sponsor; advertisers and product providers on Shweet.com and their respective employees, officers and directors.
- “shweet” A single instance of sharing a Promotion through a single Channel; used as a verb means the act of so sharing.
- “Shweet.com” Shweet.com, a site owned and operated by Sponsor.
- “Shweet Points” Reward points offered to Members by Sponsor.
- “Sponsor” Kibboko, Inc., a private Ontario corporation with offices at 489 College Street, Suite 508, Toronto, Ontario Canada M6G 1A5. Kibboko, Inc. is the only sponsor of all Sweepstakes on Shweet.com. For further clarity, if any content or prize on Shweet.com is indicated to have been “Sponsored by” a third party, the phrase “Sponsored by” means only that the content or prize has been obtained from that third party; such third party not be deemed to be a sponsor of the sweepstakes itself.
- “Sweepstakes” A sweepstakes on Shweet.com, whereby a Member is entered in a draw to win a prize after acquiring a Ticket to that sweepstakes. In Sponsor’s marketing and instructional communications, Sweepstakes are or may be referred to as “contests”, purely for reasons of convenience.
- “Ticket” An entry into a Sweepstakes; Tickets may be obtained in one of two ways: they may be acquired in exchange for a stipulated number of Shweet Points, or they may be awarded to Members at random by Sponsor.
2. HOW TO ENTER. To validly enter a Sweepstakes, Member must:
- Be at least 18 years of age, unless You have the approval of Your parent or guardian, in which case You can be as young as 13 years old;
- Live in Canada (except in Quebec) or in the United States;
- Register with Shweet.com and provide a correct email address; and
- Have added a bona fide Facebook account with 15 or more friends, and/or a bona fide Twitter account with 15 or more followers; and
- Not be prohibited or restricted from participating by reason of the laws of Member’s province or state.
Furthermore, to receive a prize in a given Sweepstakes, Member must:
- Have acquired a Ticket for that Sweepstakes in a bona fide manner;
- Have been declared a potential winner of that Sweepstakes;
- Correctly answer a skill-testing math question (if a resident of Canada);
- Provide complete and accurate delivery information if asked for it;
- Reside and provide a valid delivery address within Canada (excluding Quebec) or the United States; and
- Not be an employee, director, or officer of Kibboko.
3. OBTAINING TICKETS. Members may obtain Tickets in one of two ways: they may be acquired in exchange for a stipulated number of Shweet Points through use of the “Buy Ticket” button, or they may be awarded to Members at random by Shweet.com. There is a limit of one Ticket per Member per Sweepstakes. The phrase “Buy Ticket” as used on Shweet.com is for ease of use only, and Members shall not be deemed to be purchasing anything from Shweet.com.
4. SELECTING WINNERS. Sponsor determines all winners of Sweepstakes according to a random draw by which each Ticket counts as a single entry. Potential winners for each Sweepstakes will be decided by random draw from entries after a Sweepstakes is closed. If the random draw produces a potential winner who is later disqualified as an invalid entrant, or to whom a prize cannot be awarded (because the conditions of receiving a prize are not met), then Sponsor may in its sole discretion conduct a second random draw and select another potential winner.
5. SUBSTITUTING PRIZES. If a prize is not delivered because of a failure of a supplier, or of a courier or post office, or for any other reason, then Sponsor may in its sole discretion replace it with a substitute prize chosen by Sponsor and having approximately the same value as the original prize at the time it was offered; however, in no case will Sponsor be liable for a substitute prize with a value exceeding $200 dollars (U.S.).
6. START & END OF SWEEPSTAKES. Each Sweepstakes begins when it first appears on Shweet.com, and ends when:
- the designated limit of Tickets for that Sweepstakes have been issued;
- there is a specified deadline for that Sweepstakes and it is reached; or
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Sponsor ends that Sweepstakes in its sole discretion.
For further clarity, Sponsor has the right, exercisable in its sole discretion from time to time, to lower the number of Tickets required to end a Sweepstakes.
7. SHWEET POINTS & PRIZE VALUES As a way to improve Shweet.com’s entertainment value, Sponsor may in its absolute discretion elect to award Shweet Points to Members from time to time. Sponsor may establish and vary from time to time in its sole discretion the systems and policies it uses to govern the awarding, use, expiry or withdrawal of Shweet Points. Shweet Points have no monetary or exchange value, and may not be assigned, sold, transferred, secured, or borrowed against. If Sponsor terminates the account of a Member, or a Member terminates his or her own account, then the Member’s accumulated balance of Shweet Points immediately becomes nil. Shweet reserves the right to terminate, limit, revise, restrict or amend the Shweet Points program at any time and in any manner in its sole discretion and without compensation of any kind to Members. Shweet.com will indicate its estimate of the retail value of prizes where such value is $15 (Canadian) or above, provided such value is ascertainable. For example, unique experiences, such as meeting a celebrity, may have no ascertainable retail value. In determining retail value Shweet.com may use a single point of reference of its own choosing, and has no obligation to survey multiple prices or sources; if a manufacturer supplies a prize, Shweet.com may use the manufacturer’s suggested retail list price as the indicated retail value. Members are encourage to conduct their own searches of retail prices on their own behalf, should they wish further information. Shweet.com is neither responsible nor liable for any changes or loss of value in a prize owing to market conditions, the discontinuance of a product by a manufacturer, the bankruptcy of a gift card supplier, or any other cause.
8. WINNERS. The Member who is a potential winner of a Sweepstakes will be notified by email (“Notification”) within three business days of the end of that Sweepstakes. At the sole discretion of the Sponsor, the following may result in the disqualification of the potential winner and the selection of an alternate potential winner:
- potential winner's failure to respond to Notification within five business days after its transmission;
- the return of a Notification as undeliverable after three attempts;
- the return of any prize as undeliverable;
- potential winner's failure to provide Sponsor with satisfactory proof of age, identity and residency;
- potential winner's failure to validly claim any prize within ten days after it is sent;
- refusal or inability of the potential winner who resides in Canada to correctly answer a skill-testing mathematical question; or
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any breach of these Rules or any breach of the Terms and Conditions found at http://www.shweet.com/terms.
In the event of a disqualification or prize forfeiture, the Sponsor may, in its sole discretion, award the forfeited prize to an alternate winner.
9. MINORS. All legal responsibilities under these Rules of a Member who is aged 13 or older and younger than 18 (a “Minor”) will be assumed by the Minor’s parent or guardian, and a Minor winner's prize will be deemed awarded to a parent or guardian for the benefit of the Minor.
10. PRIVACY POLICY/DATA COLLECTION: Except as otherwise contemplated in these Rules, and to the extent entrants may otherwise elect at the time of entry, information provided by Member for this Sweepstakes is subject to Sponsor's Terms and Conditions located at http://www.shweet.com/terms.
LIMIT ON ACCOUNTS & CONDUCT. Member may not become a Member nor enter Sweepstakes with multiple concurrent or false identities. Facebook and Twitter accounts linked to Shweet.com must each have 15 or more friends or followers as a condition of being awarded Shweet Points for sharing Promotions. Members may only enter a Sweepstakes based on personal accounts on the Channels supported by Sponsor, and violation of this prohibition will be grounds for having a Member’s registration terminated and being disqualified from entering or winning Sweepstakes. The browser through which Member accesses Shweet.com must accept cookies or any similar, successor, known, or hereinafter devised technology which Sponsor does or may use to track Sweepstakes entries. Use of any robotic, automatic, programmed or similar entry method or searches that are not deemed by the Sponsor to represent legitimate form of shweeting will void all entries and result in disqualification. Any attempt to deliberately damage or undermine the legitimate operation of the Sweepstakes, or to detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information may be in violation of criminal and/or civil laws and will result in disqualification of such Member. Should such an attempt be made, Sponsor reserves the right to seek remedies and damages, including attorney's fees, from any such Member or participant to the fullest extent of the law, up to and including criminal prosecution.
12. LIMITATION OF LIABILITY & FURTHER TERMS: By registering with Shweet.com and entering one or more Sweepstakes, Member agrees that:
- User will be bound by the Terms and Conditions located at http://www.shweet.com/terms;
- Member will be bound by these Rules and the Sponsor's decisions, which shall be final in all respects;
- Member releases and holds 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 awarding, delivery, acceptance, use, misuse, possession, loss or misdirection of any prize;
- Releasees do not make any representation, warranty or guarantee, express or implied, relating to the Sweepstakes or the prizes;
- Member'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 only), likeness, photograph, biographical and prize information for any programming, publicity, advertising and promotional purposes without additional compensation, except where prohibited by law;
- if 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 Sweepstakes, so that they cannot be conducted as originally planned, then except where prohibited by law, Sponsor has the right, in its sole discretion, to modify the Rules or to cancel, modify, terminate or suspend the Sweepstakes, and in such event, to select winners by such method as Sponsor in its sole discretion shall consider equitable;
- Releasees are not responsible for typographical or other errors in the offer or administration of Sweepstakes, including but not limited to: errors in the advertising, selection and announcement of the winners and distribution of the prizes;
- Releasees are not responsible for any inability of any winner to accept or use any prize (or any portion thereof) for any reason;
- Sponsor has the right, at any time and at its sole discretion, to disqualify Member or 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 Sweepstakes; (b) violating the Rules or encouraging or soliciting others to do so; (c) violating the terms of service, privacy policy or other terms, conditions of use and/or general rules or guidelines of any Sweepstakes property or service; (d) acting in bad faith, either alone or in combination with others, in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person; (e) using special-purpose (i.e. not bona fide personal) Facebook or Twitter accounts, or to populate such accounts with false personal information or (f) for any other good cause as determined solely by the Sponsor;
- all disputes, claims and causes of action at law or in equity (individually, "Claim") arising out of or relating to this Sweepstakes, the meaning or interpretation of the Rules or any prize awarded shall be resolved by applying the laws of Ontario (Canada), without regard to conflict of laws provisions therein, and shall be solely and exclusively brought in the provincial or federal courts within Ontario, Canada;
- any and all Claims shall be resolved individually, without resort to any form of class action;
- any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event including attorneys' fees, and under no circumstances will any entrant be permitted to obtain awards for, and hereby waives all rights to claim, punitive, incidental, special, consequential damages and any other damages, other than for actual out-of-pocket expenses and all rights to have damages multiplied or otherwise increased; and
- Sponsor has the right to modify procedures for awarding prizes at its sole discretion.
13. CLAIMING A PRIZE. If If Member receive a prize notification e-mail ("Prize Notification"), Member must reply within five business days. Validation will require that the potential winner provide all requested information and meet all eligibility requirements. In the event potential winner resides in Canada, he or she must correctly answer a mathematical skill-testing question that will be asked by the Sponsor, on the phone at a mutually convenient time, on the entry form, or by email, as determined by Sponsor. Sponsor is not responsible for damages to prizes that occur in transit or that originate with a third-party supplier. If Member receive a prize for winning a Sweepstakes and the prize is materially damaged, Member must notify Sponsor promptly by email; Sponsor may decide in its sole discretion to take remedial action and in what manner. Prize winners are solely responsible for the declaration of winnings and for payment of any and all taxes (whether sales taxes, income taxes or other), import duties, tariffs, and any other government levy.
14. WAIVER. By entering the Sweepstakes, Member (and Member’s parents/legal guardians) waive all rights to claim punitive, incidental and consequential damages, attorneys' fees or any damages other than actual out-of-pocket costs incurred to enter. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above may not apply to Member.
15. JURISDICTION. Participation in the Sweepstakes constitutes your full and unconditional agreement to be bound by these Rules and any and all decisions of the Sponsor. Except where prohibited, Member agree that any and all disputes, claims and causes of actions arising out of or connected with the Sweepstakes or any prize shall be resolved on an individual basis without resort to any form of class action. In these Rules, subject and paragraph headings are used for convenience only and shall not limit or restrict the interpretation of the sections to which they apply. Any and all disputes, claims and causes of actions shall be resolved exclusively under the laws of the Province of Ontario. Any issues or questions of construction, interpretation, validity, or enforceability of these Rules, or the rights and obligations of the Member or Sponsor in connection with the Sweepstakes shall be governed by, construed and interpreted in accordance with the laws of the Province of Ontario, without giving effect to any choice of law or conflict of law rule which would cause the application of the laws of any jurisdiction other than the Province of Ontario.
ADDENDUM
With regard to Sweepstakes conducted on Cambio.com, no Member may validly win such a Sweepstakes is he or she is under the age of 18 and residing in the United States at the time of his or her entry or the closing of such Sweepstakes. In such case Shweet.com will disqualify such Member from that Sweepstakes.
