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The legal bit

This website is published by the Hearing Foundation of Canada.

80 Richmond Street West, Suite 1401
Toronto, Ontario M5H 2A4

Charitable Registration Number: 11883 3045 RR0001

Competition Rules

No Purchase Necessary. You must be a Canadian resident; 18 years or older to participate OR have a signed consent from a parent or legal guardian. Employees of The Hearing Foundation of Canada (or their immediate family members), and its contracted partners, are not eligible to win any prize.

Your submission does not contain:
  1. Any copyrighted material not in the public domain or for which you have not obtained the rights to use;
  2. In the case of video, any third party voice-overs for which you have not obtained the rights to use;
  3. Third party stock photography or artwork for which you have not obtained the right to use;
  4. Nudity , lewd or vulgar behaviour, or offensive language and/or gestures

All entries must be appropriate for all audiences. Any submission deemed to be inappropriate, indecent, or obscene as determined by The Hearing Foundation of Canada in its sole discretion will not be accepted or eligible.
All entries become the sole property of The Hearing Foundation of Canada and will not be returned for any reason.

The Hearing Foundation of Canada is not liable for any damages or injuries as a result of participation in any contest or as a result of attendance at events where prizes are awarded.
This contest is subject to the laws of Ontario and the federal laws of Canada as may be applicable.

The Hearing Foundation of Canada reserves the right to amend these rules as and when they deem necessary. Rules may change from time to time in any given contest. The Hearing Foundation of Canada is not responsible for any typographical, production or distribution errors that may occur during the contest or in any contest material.

Only entries submitted between 12:01am April 1, 2009, and continuing until 11:59pm July 31, 2009 will be eligible.

Prizes are set out on the contest page of  www.ihearya.org. (Grand prize of a Wii Console and 1 game, approximate value =$400; three $100 gift certificates per category of best video, best photography, best art piece; a $40 gift certificate and 1 year membership to the Songwriter’s Association of Canada in the category of best written piece). Prizes must be accepted as awarded and cannot be transferred, assigned or redeemed for cash. The Hearing Foundation of Canada reserves the right to substitute a prize of equal or greater value if the described prize cannot be awarded for any reason. Decisions of The Hearing Foundation of Canada are final in all cases.

Potential winners will be notified by telephone and/or email by August 21, 2009. Prior to receiving the prize, the winner will be required to sign an affidavit of eligibility and release form releasing The Hearing Foundation of Canada of all liability, confirming compliance with the rules and consenting to the use of his, her, or their name and photograph, without further compensation, in any publicity carried out by The Hearing Foundation of Canada, and/or their advertising and promotional agencies.

Potential prize winners must answer a time limited skill testing question before being declared a winner and must provide legal, valid, and complete photo identification with the same detail as is on the entry form to claim a prize. Failure to provide such will be considered a forfeiture of the prize.

The Hearing Foundation of Canada is not responsible for commencing, continuing or completing the contest in the event of circumstances beyond their control. The Hearing Foundation of Canada reserve the right to cancel or modify the contest if, in their sole discretion, they determine that the contest is not capable of being run as originally planned for any reason (such as tampering, fraud, technical failures, printing or distribution errors or any other causes or occurrences have compromised the fairness or integrity of the contest).

By entering this contest, you acknowledge that you accept and will abide by these rules and regulations.

User agreement for the iHearYa! website:

1.1 Your access to and use of iHearya.org (”the Website”) is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice.

1.2 iHearYa reserves the right to terminate your account if iHearYa discovers you have provided false or misleading personal information.

1.3 It is your responsibility to ensure the accuracy or your personal information. You must ensure that any information you supply is correct prior to using the site.

1.4 You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all use of your registration, whether or not authorized by you. You agree to immediately notify iHearYa of any unauthorized use of your registration or password.

Privacy

2.1 Privacy: When you register for iHearYa.org, you might be required to provide us with information such as an email address. We will not sell or pass to any third party any of your personal information.

COPYRIGHT

3.1 All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to iHearYa or otherwise used by iHearYa as permitted by law.

3.2 In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.

3.3 All trademarks and copyrights within iHearYa belong to their respective owners.

3.4 The copyright for work created by participants and contributors of the iHearYa website remains with the contributor. The contributor grants iHearYa a world-wide, non-exclusive, revocable, royalty-free, sub-licensablelicense to publish his or her work.

DISCLAIMERS AND LIMITATION OF LIABILITY

4.1 THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR ENDORSEMENT MADE AND WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY AND ACCURACY.

4.2 TO THE EXTENT PERMITTED BY LAW, iHearYa WILL NOT BE LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE WHATEVER (INCLUDING WITHOUT LIMITATION LOSS OF BUSINESS, OPPORTUNITY, DATA, PROFITS) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE.

4.3 iHearYa MAKES NO WARRANTY THAT THE FUNCTIONALITY OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR ANYTHING ELSE WHICH MAY BE HARMFUL OR DESTRUCTIVE.

4.4 NOTHING IN THESE TERMS AND CONDITIONS SHALL BE CONSTRUED SO AS TO EXCLUDE OR LIMIT THE LIABILITY OF iHearYa FOR DEATH OR PERSONAL INJURY AS A RESULT OF THE NEGLIGENCE OF iHearYa OR THAT OF ITS EMPLOYEES OR AGENTS.

INDEMNITY

You agree to indemnify and hold iHearYa and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against iHearYa arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website or the content of your book or publication.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between you and iHearYa concerning its subject matter.

RESALE OF SERVICE

7.1 You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the service, use of the service, or access to the service unless having been licensed to do so by iHearYa.

SEVERANCE

If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

COMPLAINTS

For complaints about the Spire Publishing service please contact us at help@ihearya.org. We shall endeavour to respond in a prompt fashion.

GOVERNING LAW

These Terms and Conditions shall be governed by and construed in accordance with the law of Ontario and you hereby submit to the exclusive jurisdiction of the Canadian courts.