Toronto Defiant EPOS GTW 270 Hybrid Contest    

OFFICIAL CONTEST RULES  

Januray 21st, 2021 – January 28th, 2021  

By entering this contest, the entrants and participants automatically agree to accept and abide by these Official Contest Rules. All decisions of OverActive Media (owners of the Toronto Defiant) with respect to any aspect of this contest, including without limitation the eligibility of entries, are final and binding on all entrants in all matters as they relate to this Contest.  

  

Contest Sponsor: OverActive Media Corporation, 41 Fraser Ave, Toronto, Ontario, M6K 1Y7 (referred to as “Contest Sponsor”, “OverActive Media”, “we”, “our”, “us” in these rules).  

 

Eligibility. To be eligible, you must be a legal resident of the United States or Canada (excluding Quebec) and be the age of majority where you reside at the time of entry.  

You are not eligible if you are:  an employee of the Contest Sponsor or its affiliates (including subsidiary companies), or other party in any way involved in the development or administration of this contest, including advertising and promotional agencies, public relations agencies, or a member of the immediate family (spouse, parents, siblings and children, regardless of where they reside) or household member of any such employee Groups, associations and entities cannot participate.  

 

Key Dates. The Entry Period for the Toronto Defiant EPOS GTW 270 Hybrid Contest (the “Contest”) begins on January 21st, 2021 at 3:00 p.m. Eastern Time (“ET”) and ends on January 28th, 2021 at 11:59 p.m. ET (the “Entry Period”).  

  

How to Enter. NO PURCHASE NECESSARY.  To enter during the Contest Period, reply to the @TorontoDefiant contest post with what you would use the Prize for on Twitter using the hashtags #RiseTogether in your post.  To enter you must also follow @TorontoDefiant and @eposgaming on Twitter, retweet the @TorontoDefiant contest post and like the @TorontoDefiant contest post. You must ensure that your privacy settings are set to allow the post to be publicly viewable. A post during the Contest Period in compliance with these requirements and the rest of these rules constitutes an “Entry”. 

 

Prizes. There will be a total of one (1) Prizes (each, a “Prize” and collectively, the “Prizes”) available to be won, as follows:  

 

  • One (1) EPOS GTW 270 Hybrid Earbuds  

  

The total approximate retail value (“ARV”) of the Prize is CA$249. 

  

All prizes must be accepted as awarded, without substitution, transfer, exchange or assignment. Prizes are non-refundable, not convertible to cash, except in the Contest Sponsor’s sole discretion. Contest Sponsor may substitute a prize of equal or greater value (based on the approximate retail value of the prize as stated in these Official Contest Rules), including without limitation, a cash award, if the prize or prize component cannot be awarded as described for any reason. The prize winner is solely responsible for all costs not expressly described herein.  

  

Note: The odds of winning the Prize will depend on the total number of eligible entries received during the Contest Period.  

Proof of Receipt. The sole determinant of time for the purposes of receipt of a valid entry and ballot will be the computer servers of the Contest Sponsor. The sole determinant of time for the purposes of receipt of a valid email or mail-in will be the computer servers of the Contest Sponsor. Proof of mailing or transmission (screenshots or captures, etc.) does not constitute proof of receipt. 

 

Identity of Entrant. In the event of a dispute over the identity of an online entrant, entry will be deemed submitted by the authorized holder of the email account, as assigned by the internet access provider, online service provider, or other organization (e.g. business, educational institution, etc.) responsible for assigning email addresses for the domain associated with the submitted email address.  

 

Winner Selection. At 12:00 p.m. ET on January 29th, 2021, the name of one (1) potential winner (“Potential Winner”) will be selected by a random draw from all eligible entrants received during the Contest Period in Toronto at the OverActive Media office.   

 

The Potential Winner will be notified one (1) business day after their name has been selected (“Prize Notification”). To be confirmed the winner must (a) respond within twenty-four (24) hours of it being sent/made; (b) correctly answer, without assistance of any kind, a time-limited, mathematical skill-testing question; and (c) complete, execute and return a Winner Form (“form”) that will be sent to you within five (5) business days at the discretion of the Contest Sponsor. Proof of identification must be provided upon request. If any selected entrants cannot be contacted and confirmed the winner as above, at Contest Sponsor’s sole and absolute discretion, his/her entitlement to receive a prize may be forfeited, and prize may be awarded to an alternate eligible entrant.  

Conduct. By participating in the contest, you acknowledge that you have read and understood these Official Contest Rules and agree to abide and be bound by them and all decisions of the Contest Sponsor, which shall be final and binding, without right of appeal, in all matters relating to this contest and the awarding of prizes.  

Disqualification. The Contest Sponsor reserves the right, in its sole and absolute discretion, to disqualify any entrant that it finds to be: (a) violating the Official Contest Rules; (b) tampering or attempting to tamper with the entry process or the operation of the contest; (c) acting in an unsportsmanlike or disruptive manner; or (d) attempting to undermine the legitimate operation of the contest. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS CONTEST OR TO UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS. SHOULD ANY SUCH ATTEMPT BE MADE, CONTEST SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW, AND TO BAN OR DISQUALIFY AN ENTRANT FROM THIS AND FUTURE CONTESTS.  

 

Release of Liability / Consent to Publicity.  By entering the Contest and submitting an Entry, each entrant: (i) grants to the Contest Sponsor, in perpetuity, a non-exclusive license to publish, display, reproduce, modify, edit or otherwise use his/her Entry (and each component thereof), in whole or in part, for advertising or promoting the Contest; (ii) waives all moral rights in and to his/her Entry (and each component thereof) in favour of the Contest Sponsor (and anyone authorized by the Contest Sponsor to use such Entry); and (iii) agrees to release and hold harmless OverActive Media, its representatives, employees and agents, its partners and sponsors, including specifically EPOS Audio Gaming and its subsidiaries and affiliates from and against any and all claims, damages, liabilities, costs, and expenses arising from use of his/her Entry (or any component thereof), including, without limitation, any claim based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related or other cause of action whatsoever.    

Limitation of Liability. Releasees do not assume any responsibility and each entrant releases Releasees from any and all claims, actions, damages, loss, injury, costs, demands and liabilities of whatever nature or kind arising in connection with the contest and/or prize including, without limitation, the administration of the contest, the selection and confirmation of winner, and the awarding and use of the prize.  

Without limiting the generality of the forgoing, Releasees are not responsible for (i) the incorrect or inaccurate capture of entry information; (ii) late, lost, stolen, illegible, damaged, misdirected, mutilated, garbled or incomplete entries or entries that are altered or otherwise irregular, mechanically reproduced, submitted using robotic, automated, programmed, or through illicit means, included in a bulk-drop off, or contain false information, or do not conform with or satisfy any or all of the conditions of the Official Contest Rules, as determined by Contest Sponsor, in its sole and absolute discretion; (iii) any failure of, errors, or problems with websites associated with the contest, including any website feature, howsoever caused, (iv) traffic congestion on the Internet and any postal delays, strikes or failures, (v) injury or damage to an entrant's or any other person's computer related to or resulting from participating in the contest; (vi) any website functionality lost due to not having cookies enabled; (vii) any errors, omissions, incorrect or inaccurate information in any contest-related materials howsoever caused; (viii) the security or privacy of information transmitted via computer networks or for breaches of privacy due to interference by third party computer "hackers" or otherwise.  

This contest is void where prohibited by law and is subject to all applicable laws and regulations. To the extent permitted by law, any dispute arising from this contest will be determined according to the laws of the Province of Ontario, without reference to its conflict of law principles, and the entrants consent to the personal jurisdiction of the courts located in Toronto, Ontario and agrees that such courts have exclusive jurisdiction over all such disputes.   

 

Sponsor Right To Cancellation.  Contest Sponsor, in its sole and absolute discretion, reserves the right to modify or terminate the contest and amend the Official Contest Rules at any time, without individual notice, and for any reason. In no event will more than the stated number of prizes be awarded.  

 

Use of Personal Information. By participating in the contest, the entrant consents to the collection, use and disclosure of his/her personal information by the Contest Sponsor for the purpose of administering the contest, awarding the Prize and announcing the Winner and in accordance with OverActive Media’s privacy policy, available at https://defiant.gg/privacy-policy/. 

 

All entries become the property of Contest Sponsor and none will be returned. No correspondence will be entered into except with selected entrants.  

Intellectual Property. All intellectual property, including but not limited to trade-marks, trade names, logos, designs, promotional materials, web pages, source codes, drawings, illustrations, slogans and representations are owned by the Contest Sponsor and/or its affiliates and/or the prize suppliers. All rights are reserved. Unauthorized copying or use of any copyrighted material or intellectual property without the express written consent of its owner is strictly prohibited.  

 

Rules specific to Twitter, Instagram, Youtube, Twitch, Tiktok, Facebook, and Discord (collectively, “Social Media Channels”). By entering the Contest via any of the Social Media Channels identified in these Contest Rules, each entrant: (i) without limiting the Terms of Service of any Social Media Channel, grants to the Contest Sponsor, in perpetuity, a non-exclusive license to publish, display, reproduce, modify, edit or otherwise use any post referring to Contest Sponsor Social Media accounts, in whole or in part, for advertising or promoting the Contest or for any other reason; (ii) waives all moral rights in and to any post in favour of the Contest Sponsor; and (iii) agrees to release and hold harmless the Social Media Channels and each of their respective agents, employees, directors, successors, and assigns (collectively, the “Released Parties”) from and against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related cause of action that relate in any way to a social media post. 

 

For greater certainty and the avoidance of any doubt, the Contest Sponsor reserves the right, in its sole and absolute discretion and at any time, to modify, edit or disqualify any social media post if a complaint is received, or for any other reason. If such an action is necessary at any point, then the Contest Sponsor reserves the right, in its sole and absolute discretion, to disqualify the corresponding Entry and/or the associated entrant. If the Contest Sponsor determines, in its sole and absolute discretion, that any social media post does not comply with these Rules for any reason at any time, then the Contest Sponsor reserves the right, in its sole and absolute discretion, to disqualify the corresponding Entry and/or the associated entrant. 

 

Contest is in no way sponsored, endorsed, or administered by, or in association with, Twitter, Instagram, YouTube, Twitch, TikTok, Facebook, Discord or Gleam. Any questions or comments regarding the Contest should be directed to the Contest Sponsor, not to the Social Media Channels. 

 

Your use of any Social Media Channel in relation to this Contest is subject to the Terms of Use for each Social Media platform.