TERMS & CONDITIONS
Please read carefully. YOUR USE OF THIS WEB SITE (hereinafter the "Site") CONSTITUTES YOUR UNCONDITIONAL ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE. If you do not agree with any of these Terms and Conditions of Use, do not use this site. Birks & Mayors Inc. ("Birks") reserves the right to update or modify these Terms and Conditions of Use at any time without prior notice. We encourage you to review these Terms and Conditions of Use whenever you visit this Site.
- License. When You, the user (referred to alternatively herein as "You", "Your" and "Yourself"), use the Site, Maison Birks grants a limited revocable license to You to use the Site solely on behalf of Yourself or Your organization or company for personal, non-commercial use and solely in compliance with these Terms and Conditions of Use. You may download or copy the contents and other downloadable materials displayed on the Site for Your personal use only. No right, title or interest in any downloaded materials or software is transferred to You as a result of any such downloading or copying. This license expressly prohibits You, without limitation, from reselling the Site or any portion thereof or the services offered by Maison Birks, making any derivative work of the Site, collecting or using e-mail addresses or other information, ratings or listings, or extracting or mining any data whatsoever. You may use this Site for legitimate informational and shopping purposes only. You may not harm the Site in any way or otherwise use the Site in any improper manner, including, but not limited to hacking into the Site's systems, spoofing or faking e-mail headers or slowing or stopping the functionality of the Site.
- Registration and Password: In the event that You register and/or purchase product through this Site, You agree to: (a) provide true, accurate, current and complete information about Yourself as prompted by the registration form. If You provide any information that is untrue, inaccurate, not current or incomplete, or Maison Birks suspects, for any reason, that such information is untrue, inaccurate, not current or incomplete, Maison Birks, in its sole discretion, has the right to suspend or terminate Your account and refuse any and all current or future use of the Site by You. You will create a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under Your password or account. You agree to (a) immediately notify Maison Birks of any unauthorized use of Your password or account or any other breach of security, and (b) ensure that You exit from Your account at the end of each session. Maison Birks will not be liable for any loss or damage arising from Your failure to comply with this paragraph. 4. Links to Other Sites. References on this Site to any name, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to You and do not in any way constitute or imply an endorsement, sponsorship or recommendation by Maison Birks regarding the third party information, product or service. These sites are maintained by third parties over whom Maison Birks exercises no control. Maison Birks has not reviewed all sites linked to this Site and Maison Birks expressly disclaims any responsibility for the content, the accuracy of the information, and/or the quality of products or services provided by or advertised on these third-party web sites. If You decide to link to any such third party site, You do so at Your own risk.
- Statements Made in Describing Goods. MAISON BIRKS DOES NOT WARRANT THAT THE SITE OR THE MATERIALS CONTAINED THEREIN WILL BE ACCURATE, RELIABLE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, OR THE SERVER THAT MAKES IT AVAILABLE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MAISON BIRKS CANNOT BE HELD RESPONSIBLE FOR ERRORS AND OMISSIONS IN ANY CATALOG, PRODUCT ADVERTISING MATERIAL, OR SITE, ANY GLOSSARIES CONTAINED WITHIN THE SITE, OR ANY SUPPLEMENTAL MATERIAL. MATERIAL ON THE SITE ALSO MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND MAY BE CHANGED OR UPDATED WITHOUT NOTICE; MAISON BIRKS WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY SUCH INACCURACIES, ERRORS, CHANGES, OR UPDATES. MAISON BIRKS IN ITS SOLE DISCRETION MAY ADD, DELETE, OR CHANGE SOME OR ALL SERVICES OFFERED VIA THE SITE AT ANY TIME.
- Permission to Use Your Content. All information, ideas, suggestions or other communications You transmit to Maison Birks concerning the materials contained in this Site shall be on a non-confidential basis. By transmitting any suggestions, information, material, or other content (collectively, "User Content") to Maison Birks, You automatically grant Maison Birks the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, redistribute, transmit, perform and display such User Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such User Content. Further, Maison Birks is free to use any ideas, concepts, know-how, techniques, and suggestions contained in any communications You send to this Site without compensation to You and for any purpose whatsoever, including but not limited to creating, manufacturing, and marketing products and/or services using such information.
- Your Representations & Indemnification Obligations. You expressly represent and warrant to Maison Birks that You will use this Site, and any products purchased from Maison Birks, in accordance with all applicable local, provincial, state, national and international laws, and in accordance with these Terms and Conditions of Use. You agree to defend, indemnify, and hold harmless Birks & Mayors Inc., its subsidiaries and affiliates, and all of their respective employees, agents, directors, officers, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors, assigns, agents, licensors, and third party providers to the Site from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and litigation expenses), relating to or arising from (a) Your use of the Site; or (b) any breach by You of these Terms and Conditions of Use. You hereby waive and release Maison Birks from all rights of contribution or indemnity to which You otherwise may be entitled. Maison Birks reserves the right to assume, at its sole expense, the exclusive defence and control of any matter subject to indemnification by You, in which event You will fully cooperate with Maison Birks in asserting any available defences.
- DISCLAIMER OF WARRANTIES. THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. MAISON BIRKS EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, MERCHANDISE, OR PRODUCTS INCLUDED OR DISPLAYED ON THIS SITE OR ANY PRODUCTS OFFERED OR AVAILABLE THROUGH THE SITE OR THE CATALOG, EXCEPT AS SET FORTH BELOW. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MAISON BIRKS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE MAISON BIRKS SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME PROVINCES AND STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. If, for any reason, You are not completely satisfied with any purchase, simply return it to Maison Birks within 30 days of purchase for full credit or exchange. The item must be in its original packaging. Return shipping charges must be prepaid by You and You must insure the shipment or accept the risk of loss or damage during shipment. All warranty materials and the original receipt must be included with any returned purchases. The item must not have been worn or altered in any way. Return Policy for Special Orders: Special Order sales are final.
- Colors and Pricing: Maison Birks makes every effort to display as accurately as possible the colors of its products that appear on the Site. However, as the actual colors You see will depend on Your monitor, Maison Birks cannot guarantee that Your monitor's display of any color will be accurate. While Maison Birks strives to provide accurate product and pricing information, pricing or typographical efforts may occur. Maison Birks cannot confirm the price of an item until after You order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Maison Birks shall have the right, in its sole discretion to refuse or cancel any orders placed for that item. In the event that an item is mispriced, Maison Birks may, at its discretion, either contact You with instructions or cancel Your order and notify You of such cancellation. Prices and availability are subject to change without notice.
- Acceptance: Please note that there may be certain orders that Maison Birks is unable to accept and must cancel. Maison Birks reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Some situations that may result in Your order being cancelled include limitations on quantities available for purchase, inaccuracies or error in product origin information, or problems identified as part of credit and fraud avoidance. Maison Birks also may require additional verification or information before accepting any order. Maison Birks will contact You if all or any portion of Your order is cancelled or if additional information is required to accept Your order. If Your order is cancelled after Your credit card has been charged, Maison Birks will issue a credit to Your credit card in the amount of the charge. The receipt of an e-mail order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Maison Birks reserves the right, without prior notification, to refuse service to any customer.
- Quantity Limits and Dealer Sales: Maison Birks reserves the right to limit the quantity of items purchased per person, per household, or per order. These restrictions may be applicable to orders placed by the same Maison Birks account, the same credit card, and also to orders that use the same billing and/or shipping address. Maison Birks will provide notification to the customer e-mail and/or billing address should such limits be applied. Maison Birks also reserves the right to prohibit sales to dealers.
- Shipment of Orders: Items ordered through Maison Birks are shipped restricted registered mail or courier on approval. A street address is required for delivery. Delivery in Canada and the continental United States: Merchandise will be delivered standard ground transportation, which takes up to 10 business days. You may request express delivery, which takes approximately 3 business days, for an additional charge. Processing time for in stock items is approximately 5 business days. Delivery times do not include processing time. Delivery outside Canada and the continental United States: Additional shipping charges may apply. A Maison Birks representative will contact You to discuss shipping options and charges.
- Tax: Unless you provide Maison Birks with a valid and accurate tax-exemption certificate applicable to your product purchase and ship-to location, you are responsible for sales tax and any other taxes or governmental fees associated with your order. You may qualify for tax exemptions from time to time in which case Maison Birks requests that You provide it with a valid certificate of exemption or other appropriate documentary proof of exemption. The charges stated in the order or any invoice shall be inclusive of all duties, levies or any similar charges and shall exclude GST, QST, PST, HST or other VAT or equivalent sales or use tax (each, a "VAT"). Unless otherwise specified in writing by Maison Birks, You shall pay all freight, insurance, and taxes (including but not limited to import or export duties, sales, use, value add, and excise taxes). Maison Birks shall provide You with a valid invoice in accordance with VAT requirements or other applicable law. In the event that You are required by law to make a withholding or deduction in respect of the price payable to Maison Birks, You will make the relevant payments to Maison Birks net of the required withholding or deduction. You will supply to Maison Birks evidence (e.g. official withholding tax receipts and proof of remittance), to the reasonable satisfaction of Maison Birks, that You have accounted to the relevant authority for the sum withheld or deducted. If such evidence is not provided to Maison Birks within 60 days of remittance to the applicable tax authority, Maison Birks will impose a penalty payment on You, and You will be liable for such penalty, in the amount of the withholding imposed on that particular transaction.
- LIMITATION OF LIABILITY: NEITHER MAISON BIRKS NOR ITS PARENT, SUBSIDIARIES, OR AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, EMPLOYEES, PROPRIETORS, PARTNERS, REPRESENTATIVES, SHAREHOLDERS, SERVANTS, ATTORNEYS, PREDECESSORS, SUCCESSORS, OR ASSIGNS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM ANY USE OF THE SITE OR THE CATALOG, THE INABILITY TO USE THIS SITE, THE INFORMATION CONTAINED ON THE SITE OR THE CATALOG, PRODUCTS AVAILABLE OR PURCHASED THROUGH THE SITE OR THE CATALOG, OR TRANSACTIONS CONDUCTED AT THE SITE OR ARISING FROM THE CATALOG, EVEN IF MAISON BIRKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. BECAUSE SOME PROVINCES AND STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF MAISON BIRKS OR ITS AFFILIATES ARISING DIRECTLY OR INDIRECTLY FROM THIS SITE OR ANY PRODUCTS AVAILABLE OR PURCHASED THROUGH THE SITE OR THE CATALOG EXCEED THE LESSER OF THE AMOUNT PAID BY YOU TO MAISON BIRKS FOR ANY SINGLE RELEVANT PRODUCT AT ISSUE OR ONE THOUSAND DOLLARS ($1,000). YOU HEREBY ACKNOWLEDGE THAT ALL OF THE PROVISIONS OF THIS SECTION WILL APPLY TO ALL USE OF THE SITE OR THE CATALOG, THE INFORMATION CONTAINED ON THE SITE OR THE CATALOG, PRODUCTS AVAILABLE OR PURCHASED THROUGH THE SITE OR THE CATALOG, AND TRANSACTIONS CONDUCTED AT THE SITE OR ARISING FROM THE CATALOG.
- Intellectual Property Rights. All materials contained in the Site, including without limitation all images, text, illustrations, designs, icons, photographs, programs, and written and other materials that are distributed with this Site and all the products available on the Site, are the intellectual property owned, controlled or licensed by Maison Birks, its affiliates or are owned by third parties and appear in the Site with the permission of their respective owners. Accordingly, such materials are protected by law, including but not limited to Canadian and United States copyright, patent, trade secret, trade dress and trademark law, as well as other state, national, and international laws and regulations. Maison Birks and its affiliates and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content, and other materials that appear on this Site. Except as otherwise expressly provided in these Terms and Conditions of Use, access by You to this Site does not confer any license under any of Maison Birks' or any third party's intellectual property rights. The compilation (meaning the collection, arrangement and assembly) of all content on this Site is the exclusive property of Maison Birks and is also protected by Canadian and United States and international copyright law. You agree not to copy, modify, adapt, reproduce (except as noted above), publish, translate, distribute, transmit, display, reverse engineer, decompile, create derivative works from, sell or participate in the sale of, dissemble or in any way exploit any aspect of the Site. Please be aware that Maison Birks actively and aggressively enforces its intellectual property rights to the fullest extent of the law.
- Communications on Internet; Events Beyond Maison Birks' Control. Use of the Internet is solely at Your own risk and is subject to all applicable local, provincial, state, national, and international laws and regulations. While Maison Birks has endeavoured to create a secure and reliable Site, Maison Birks and its affiliates are not responsible for the security of information transmitted via the Internet, the accuracy of the information contained in the Site, or the consequences of any reliance by You on such information. You must make Your own determination as to these matters. Maison Birks cannot guarantee that You will be able to access the Site at all times or that the Site will be secure, uninterrupted, or error-free, nor can Maison Birks provide assurances that transactions will be completed properly. Maison Birks is not responsible for failure to execute a purchase or technical problems that may hinder the efficacy of a purchase (including e-mail, transmission times or other delays). Maison Birks and its affiliates shall not be liable for damages as a result of any delay or other failure of performance due to causes beyond their reasonable control including, without limitation, acts of God, acts by You or by any of Your representatives or by any third parties, acts of military or civil authorities, fire or other casualty, strikes, lockouts, weather, epidemic, war, riot, terrorism, telecommunications interruptions or computer viruses.
- Security of Site. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (a) accessing data not intended for Your use or logging onto a server or an account that You are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, by submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited e-mail, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Actual or attempted unauthorized use of the Site or violations of system or network security may result in criminal and/or civil prosecution. For Your protection, Maison Birks reserves the right to view, monitor, and record activity on the Site without notice and without permission from You. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on the Site. In addition, Maison Birks will comply with all court orders involving requests for such information. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You also agree not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Maison Birks on this Site or from generally available third party web browsers.
- Governing Law. This Site (excluding any links) is owned and controlled by Birks & Mayors Inc. ("Birks") from its offices in Montreal, Province of Quebec, Canada. Although this Site can be accessed from other locations, by accessing this Site, You agree that the laws and regulations of the Province of Quebec (and the laws and regulations of Canada, as applicable), without regard to conflict of laws, will apply to all matters relating to use of this Site. In addition, any action or proceeding arising out of or related to these Terms and Conditions of Use or Your use of this Site may be brought only in the courts of the Province of Quebec. District of Montreal, and You agree to and consent to the exclusive personal jurisdiction and venue of the courts the Province of Quebec. District of Montreal. You are responsible for Your own compliance with local laws regarding Internet use and access.
- Notices. You may give Maison Birks notice by certified mail or courier, postage prepaid and return receipt requested, to Birks & Mayors Inc., 1240 Phillips Square, Montreal, Quebec H3B 3H4 CANADA: In case of notice via certified mail, notice shall be deemed given three (3) days after the date of mailing.
- Construction. The section headings used herein are for convenience of reference only and do not form a part of these Terms and Conditions of Use, and no construction or inference shall be derived therefrom. These Terms and Conditions of Use will not be construed for or against either party based on the draftsmanship thereof. No other provisions or changes are binding upon Maison Birks unless reduced to writing and signed by an authorized Maison Birks representative. If any provision of the Terms and Conditions or any application thereof is held to be invalid or unenforceable for any reason, that provision shall be deemed severable and the remainder of the Terms and Conditions and the application of that provision in other situations shall not be affected.
- Termination. These Terms and Conditions of Use constitute an agreement that is effective until terminated by Maison Birks at any time without notice. Maison Birks may terminate Your right to use this Site immediately without notice to You if, in Maison Birks' sole discretion, You violate or fail to comply with any of these Terms and Conditions of Use. In the event of termination, You will no longer be authorized to access this Site. The restrictions imposed upon You with respect to material copied or downloaded, and the disclaimers and limitations of liability set forth in the Terms and Conditions of Use, shall survive the termination of these Terms and Conditions of Use.
- Miscellaneous: These Terms and Conditions of Use constitute the entire agreement between You and Maison Birks relating to the subject matter addressed herein. If any portion of these Terms and Conditions of Use is adjudged invalid or unenforceable by a court of competent jurisdiction, the remaining portions will remain valid, enforceable, and carried into effect. The Terms and Conditions of Use may be modified by Maison Birks at any time on without prior notice, by posting such changes at the Site. Modifications required by law or designated by Maison Birks will become effective immediately. Your continued use of the Site following notice of any such modification will be conclusively deemed Your unconditional acceptance of the revised Terms and Conditions of Use. If any such revision is unacceptable to You, You should discontinue use of the Site immediately. A printed version of these Terms and Conditions of Use and of any notice given in electronic form will be admissible in judicial or administrative proceedings based on or relating to these Terms and Conditions of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The failure of Maison Birks to act with respect to a breach of this Agreement by You or others does not constitute a waiver and shall not limit Maison Birks' rights with respect to such breach or any subsequent breaches.
- Use of the Instagram logo: This website uses the Instagram™ API and is not endorsed or certified by Instagram or Instagram, Inc. All Instagram™ logos and trademarks displayed on this website are property of Instagram, Inc.
NO PURCHASE IS NECESSARY TO WIN. MAKING A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
Participation in the Contest constitutes your full and unconditional agreement to and acceptance of these Official Rules and the decisions of Sponsor, which are final and binding. Winning a prize is contingent upon fulfilling all requirements as set forth herein. The “Sponsor” of the Contest is Birks & Mayors Inc., 1240 Square Phillips, Montreal, Qc, Canada H3B 3H4 (also referred to herein as “Maison Birks”).
ENTRY PERIOD - The Contest starts on December 3, 2013 at 12:00PM (EDT) and ends on December 31, 2013 at 11:59PM (EDT). Any reference to time in this document indicates Eastern Daylight Saving Time (EDT).
ELIGIBILITY - The Contest is open to all residents of Canada, eighteen (18) years of age and above by the start date of this contest as identified above, with the exception of the employees, agents and/or representatives of the Sponsor, its distributors or affiliated companies, advertising agencies or any contributor to the Contest, as well as anyone with whom an employee, agent and/or representative is domiciled or any member of his or her immediate family. For these official rules, “immediate family” refers to the father, mother, brothers, sisters, children, husband, wife or partner of such an employee, agent and/or representative.
Limit one entry per contestant. If it is discovered that you attempted to enter more than once, all your entries will be void.
HOW TO ENTER - To enter the Contest entrants must do the following:
1. Visit www.maisonbirks.com (hereinafter called the "Website") and find the Maison Birks Kaleidoscope hidden in the product pages. Note that the Kaleidoscope will move twice a week from page to page but you do not need to find it more than once.
2. When you find the Maison Birks Kaleidoscope, you must click on it to access the product page and then add the Maison Birks Kaleidoscope to your Wish List (button on the right side of the webpage).
3. When you are redirected to the check-in page, you must create a new account (or use your existing Maison Birks Passport, if you have one) so that your Wish List is taken into account.
4. When your Wish List appears with the Maison Birks Kaleidoscope in it, start browsing the Website and add products from the Maison Birks Collections to your Wish List, up to value of CA$1,500. Select products that you will be happy to receive if you win the Contest!
5. To be declared a winner of the Contest, each selected entrant must, on his/her Online Account, have provided his/her correct name and information.
6. No purchase necessary, just create a Wish List. We will not ask you for payment information.
7. By entering the Contest, the entrant consents to share his/her personal information and Wish List with the Sponsor.
ODDS OF WINNING - Odds of winning are based on eligible number of entries received.
SELECTING THE WINNER - There will be one (1) grand-prize winner (the “Winner”). A draw from among the Entry Forms received will be held on November 1, 2013 at 10 AM at the offices of Maison Birks, located at 1240 Phillips Square, Montreal, Quebec, H3B 3H4, to select the Winner and award the Prize.
PRIZE - The Winner will receive the items on his/her Maison Birks Wish List (maximum value of CA$1,500), hereinafter the "Prize".
1. The Wish List is not redeemable for cash or exchangeable.
2. The Wish List must be exclusively comprised of Maison Birks Collections.
3. To take advantage of his/her selected Wish List, the Winner must comply with the policies, regulations, conditions and/or restrictions that apply.
All federal, provincial and local income taxes, insurance, licensing, registration and title fees connected to a prize are the sole responsibility of the Winner (the “Prize Recipient” or collectively, the “Prize Recipients”). All federal, provincial and local laws and regulations apply. Sponsor shall only be responsible for awarding the number of prizes as stated in these Official Rules. Sponsor expressly disclaims any responsibility or liability for injury or loss to any person or property relating to the delivery and/or subsequent use of a prize awarded. Sponsor makes no representation or warranties concerning any prizes awarded. Lost or stolen gift cards shall not be replaced.
CLAIMING PRIZE - Only a properly-claimed prize will be awarded. As a condition of winning a prize, the Prize Recipient must complete any applicable forms required by a taxing authority or Sponsor (including correctly answering a mathematical skill-testing question) within ten (10) days of receipt of prize notification. If any correspondence sent by the Sponsor or any prize sent by the Sponsor is returned as undeliverable, the corresponding prize will be forfeited and will be awarded to an alternate entrant. If the Prize Recipient does not respond within ten (10) days after the Sponsor’s first attempt to contact him or her, the corresponding prize will be forfeited and will be awarded to an alternate entrant. The Prize Recipient must meet the eligibility requirements set forth in these Official Rules. Should a Prize Recipient make any false statement(s) in any document, or not have the necessary legal rights to participate in this Contest, the Prize Recipient will be required to promptly return to Sponsor his or her prize. Any unclaimed prizes will be awarded in a random drawing to be held as necessary. In the event there is a dispute of a Prize Recipient’s identity, the prize will be awarded to the established authorized account holder of the email address submitted as part of the entry to this Contest. Any Prize Recipient may be requested to provide Sponsor with proof that such Prize Recipient is the authorized email address account holder. Sponsor may determine, in its sole discretion, whether the proof provided is sufficient. The name of the Prize Recipient may be obtained by sending an email to firstname.lastname@example.org following the conclusion of the Entry Period.
LIMITATION OF LIABILITY - By participating in the Contest, including accepting a prize, entrant agrees to release, hold harmless and agrees not to institute any claim against Sponsor and its parent company, affiliates, subsidiaries and their respective officers, directors, employees, agents, and representatives (collectively, the “Released Parties”) from and against any and all liability whatsoever for any injuries, losses or damages of any kind arising from or in connection with, either directly or indirectly, the awarding (including the determination of authorized account holders), acceptance, receipt, possession, use and/or misuse of any prize awarded herein. Upon delivery of a prize to a Prize Recipient, Sponsor will be deemed to have awarded the prize to such Prize Recipient with Prize Recipient assuming full responsibility for the prize. Entrant shall indemnify the Released Parties for any claim brought by a third party for the use and/or posting of any photograph or any material as part of this Contest including any privacy and infringement claims. Released Parties are not responsible for any technical, hardware, software, telephone or other communication malfunctions, errors or failures of any kind, lost or unavailable network connections, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete garbled, jumbled or delayed computer transmissions which may limit one’s ability to enter the Contest, including any injury or damage to your or any other person’s computer relating or resulting from participating in the Contest or downloading any materials in this Contest. Under no circumstances will entrants be permitted to obtain awards for any action or claim related to the Contest, and entrant hereby waives all rights to claim punitive, incidental, or consequential damages, or any other damages, including attorneys’ fees, in relation thereto and entrant further waives all rights to have damages multiplied or increased. Governing Law and Jurisdiction: This Contest is exclusively governed by and construed in accordance with the laws of the Province of Quebec and the laws of Canada applicable thereto. Each party hereto irrevocably submits to the exclusive jurisdiction of the courts of the Province of Quebec, District of Montreal, with respect to any matter arising hereunder or in relation to this contest.
MISCELLANEOUS CONDITIONS - Sponsor is not responsible for any failure of any technical malfunction of any computer, on-line system, server, access provider, computer equipment, or software on account of traffic congestion on the internet or any combination thereof including any injury or damage to an entrant’s or any other person’s computer related to or resulting from downloading any material related to the Contest, all of which may affect a person’s ability to participate in the Contest. If the Contest cannot be conducted as planned, for any reason, including, without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other cause beyond the control of Sponsor, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Contest and select Prize Recipients from among the eligible entries prior to such cancellation, termination, modification, or suspension. Persons found tampering with or abusing any aspect of this Contest, or whom Sponsor believes to be causing malfunction, error, disruption or damage will be disqualified. Sponsor reserves the right to correct any typographical, printing, computer programming or operator errors. The Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Maison Birks reserves the right, in its sole discretion to cancel or suspend part or all of this contest at any time without notice, if in Birks opinion there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the contest, or if virus, bugs, non-authorized human intervention or other causes corrupt or impair the administration, security, fairness or integrity and proper play of the contest or for any other reason in its sole discretion. In such event, Maison Birks may void any entries they suspect are at issue and award the prize from among all non-suspect eligible entries received up to the date of cancellation. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE WEBSITE OR ANY ONLINE SERVICE RELATED TO THIS CONTEST OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, MAISON BIRKS RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.
Maison Birks’ failure to enforce any term of these Rules shall not constitute a waiver of that or any other provision. Maison Birks reserves the right to disqualify entrants who violate the rules or interfere with this contest in any manner. If an entrant is disqualified, Maison Birks reserves the right to terminate that entrant’s eligibility to participate in the contest. Any attempts by an individual to access any website associated with this contest via a bot script or other brute force attack or any other unauthorized means will result in the IP address becoming ineligible. Use of automated entry devices or programs is prohibited.
Québec Residents - Notwithstanding the foregoing, any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of a prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement. The parties hereto have requested that contest rules be drafted in the English language. Les parties aux présentes ont demandé que la présente convention soit rédigée en anglais.