KIDS SURPRISE US EVERY DAY. WHY NOT SURPRISE THEM BACK?
Upload a photo of a moment, big or small, when your child surprised you, and enter for a chance to win.
KIDS SURPRISE US EVERY DAY. WHY NOT SURPRISE THEM BACK?
Upload a photo of a moment, big or small, when your child surprised you, and enter for a chance to win.
NO PURCHASE NECESSARY. Open to Canadian residents over the age of majority in his/her province or territory of residence. Contest closes at 11:59:59 PM ET on 31/07/2018. Limit of 4 entries per person. 3,000 instant win prizes, each with an ARV of $3.24 (CDN) and 3 grand prizes, each with a maximum ARV of $5,000 (CDN), are available to be won. Odds of winning an instant win prize depend on the timing and number of eligible entries received. Grand prize winners will be selected by three random draws (one for each grand prize) taking place on 03/01/2018, 05/16/2018 and 08/01/2018. Entries received by 11.59:59 PM ET on the day prior to a draw date are potentially eligible. Odds of winning a grand prize depend on number of eligible entries received and on the number of draws that remain to take place at the time of entry. Answer to mathematical skill testing question required. For complete contest rules, restrictions and how to enter, please see Official Rules
Bring their imagination to life with a Prize Pack. You will be mailed a personalized DIY kit, filled with wacky stickers, a copy of the photo submitted to the contest, a picture frame perfect for colouring AND an activity sheet you and your little one can complete together.
Prepare for the party of the year! Kinder Surprise wants to throw you a themed party worth approx. $5,000, for your little one + up to ten of their closest friends. There will be 3 grand prize draws. Each lucky winner will choose among three fantastic themes: Rock Star, Dress Up, or Carnival. Please see Official Rules for drawing periods.
NO PURCHASE NECESSARY. The KINDER® Surprise Them Back Contest (the “Contest”) is sponsored by Ferrero Canada Limited (the “Sponsor”). The Contest begins at 12:00:01 AM Eastern Time (“ET”) on December 1, 2017 and ends at 11:59:59 PM ET on July 31, 2018 (the “Contest Period”).
To enter and be eligible to win, an entrant must be a legal resident of Canada who at the time of Entry has reached the age of majority or older in the province/territory in which he/she resides and the entrant must not be, or be domiciled with, a Contest Party or an immediate family member thereof (an “Entrant”). Contest Parties means employees (present or within the last year), representatives and agents of (1) Sponsor, (2) Sponsor's (i) affiliated and related companies and (ii) advertising or promotion agencies and (3) entities involved in the development, production, administration, or fulfillment of the Contest. In these Official Rules, “immediate family member” means the Entrant's mother, father, brother, sister, son, daughter or legal or common-law spouse.
2. HOW TO ENTER THE CONTEST: There is one (1) method of Entry to enter the Contest:
Online Entry: Visit www.surprisethemback.ca (the “Contest Website”) during the Contest Period. Next, click on the “Enter Here” button to upload your photo (the “Photo”). Then, enter your name, email address and mailing address, and only if the following statements are true, confirm that (i) you have reached the age of majority in your province or territory of residence and (ii) you agree with the Official Rules (the “Entrant Information”). The Photo and the Entrant Information shall be collectively referred to herein as the “Entry”.
Limit of four (4) total Entries per person during the Contest Period. Any person who enters the Contest more than once, up to the total number of Entries permitted, must provide the same email and mailing address in each Entry in order to have their Entries count toward the same Entrant.
Subject to the eligibility requirements set out in these Official Rules, one Entry entitles a person to one chance to win a Secondary Prize (as defined in Rule 4 below) and automatically qualifies that person for at least one chance to win a Grand Prize (as defined in Rule 4 below), in accordance with these Official Rules.
All Entries must be received on or before 11:59:59 PM ET on July 31, 2018 (the “Contest Closing Date”). Winners of a Secondary Prize (as defined below in Rule 4) will be sent their prize by regular post to the address provided on the Claim Form (see Rule 6 below) within seven (7) weeks of correctly completing the Claim Form. Grand Prize winners (as defined below in Rule 4) will be sent a release form (see Rule 7 below) to the email address associated with his/her Entry within ten (10) business days of the Draw Date (see Rule 5 below). Grand Prize winners must return the release form within five (5) business days in order to be declared a winner.
Limitations: There is a limit of one (1) Grand Prize and two (2) Secondary Prizes per person and one (1) Grand Prize and two (2) Secondary Prizes per household (see Rule 4 below for definition of Grand Prize and Secondary Prize) and a combined total limit of three (3) Prizes per person. A person is ineligible to be declared the winner of any further Prize if he or she (1) has reached the limit for the given Prize type, as set out in this Rule; or (2) resides in a household where all individuals residing in the household, collectively (including the Entrant), have reached the applicable Prize limit as described in this Rule.
If it is determined that an Entrant has entered in a fashion not sanctioned by these Official Contest Rules & Regulations, the Entrant will be disqualified and all of the Entries submitted by the Entrant will be disqualified. Entries generated by script, macro, robotic, programmed, or any other automated means are prohibited and will be disqualified.
3. PHOTO SUBMISSION GUIDELINES & REQUIREMENTS:If the Entrant’s Photo does not follow these guidelines (“Photo Submission Guidelines & Requirements”), the Entry will be deemed void:
4. PRIZES and ODDS: There will be a total of three thousand and three (3,003) contest prizes (each referred to as a “Prize” or collectively as “Prizes”) available to be won consisting of three (3) grand prizes (each a “Grand Prize”) and three thousand (3,000) secondary prizes (the “Secondary Prizes” or each a "Secondary Prize"), which are as follows:
GRAND PRIZE: There will be three (3) Grand Prizes available to be won, each consisting of a theme party with a total maximum value of $5000.00 (CDN) excluding taxes (the “Maximum Value”) (the “Party”) in Canada to be organized by the Sponsor, on a mutually agreeable date. The Winner will be required to submit a list of guests (the “List of Guests”) to the Sponsor within thirty (30) days of being declared the Grand Prize winner (See Rule 7 below). The List of Guests shall include a maximum of eleven (11) pairs, each consisting of one (1) child and one (1) guardian. The Winner will select one of the following themes for the Party: Rock Star, Dress Up, or Carnival. The Party location, activities and all elements of the Party are at the Sponsor’s sole and absolute discretion. Any unused value of a Grand Prize will be null and void. For greater certainty, in the event the value of the Party is lower than the Maximum Value, the Grand Prize winner will not be compensated whatsoever for the difference.
SECONDARY PRIZES: There will be a total of three thousand (3,000) Secondary Prizes available to be won during the Contest Period. Each Secondary Prize consists of: (1) a print-out of your Photo; (2) a card stock activity photo frame; and (3) a single sheet of stickers, collectively having a total approximate retail value (the “ARV”) of $3.24 (CDN).
The total ARV of all Prizes available to be won is up to $ 24,720.00 (CDN). Prizes must be accepted as awarded without substitution, and are not (1) transferable, (2) for resale or (3) convertible to cash. The Sponsor reserves the right, in its sole and absolute discretion, in the event that a Prize cannot be awarded as described for any reason, to substitute a Prize of equal or greater value without liability.
The odds of becoming a potential Grand Prize winner depend upon the number of eligible Entries received and the timing of Entry. Grand prize winners will be selected by a random draw on each of the three Draw Dates (one for each Grand Prize) as described in Rule 5 below. Odds of winning a Grand Prize depend on number of eligible entries received and on the number of draws that remain to take place at the time of entry.
The odds of becoming a potential Secondary Prize winner depend on the number of eligible Entries received and the timing of Entry. Using a computer algorithm, Sponsor will randomly pre-select a series of "Winning Times" during the Contest Period, each of which is associated with a single Secondary Prize. The first person who enters the Contest, by following the steps in Rule 2 above, on or after a Winning Time, shall be deemed the potential winner of the applicable Secondary Prize. At the beginning of the Contest Period there are three thousand (3,000) Secondary Prizes available to be won but as Secondary Prizes are claimed, the number of Secondary Prizes available will be reduced accordingly. It is possible that some Secondary Prizes will remain un-awarded at the end of the Contest Period.
5. GRAND PRIZE DRAW DATES AND WINNER SELECTION PROCESS:
There will be three (3) Grand Prize draws, each taking place in Toronto, Ontario at approximately 12:00 p.m. ET on the following dates:(i) March 1, 2018;
(each a “Draw Date” and collectively, the "Draw Dates").
On each Draw Date, one (1) eligible Entrant will be selected at random (using a computer algorithm) from among all eligible Entries received in accordance with these Official Rules during the following drawing periods:(i) from the start of the Contest Period up until 11:59:59 PM ET on February 28, 2018;
(each a “Drawing Period” and collectively, the “Drawing Periods”). For clarification purposes, eligible Entries not selected on a particular Draw Date will carry over into subsequent Drawing Periods to become an eligible Entry for the next Draw Date (if any).
6. WINNER NOTIFICATION PROCESS:
Secondary Prize Winner Notification:
If you are deemed a potential winner, a notification will appear describing the Prize you are eligible to receive (the “Notification”) (the Prizes are set out in Rule 4 above) and you will need to complete a form (the “Claim Form”) with your first and last name, your full mailing address (including postal code), and a valid email address. You will also need to correctly answer without help from any person, calculator, tablet, smart phone, computer, machine or any other means, the mathematical skill testing question presented. After you correctly complete all of these steps, click the “Submit” icon. All information submitted must be correct for you to claim your prize. It is your responsibility to provide your correct mailing address. If you do not correctly answer the mathematical skill testing question, you will not be declared a winner and will not be awarded the Prize. In the event the contents of the photo do not, in the Sponsor's sole and absolute discretion, follow the content requirements outlined in Rule 3, the Sponsor reserves the right to disqualify the winner and the winner will not be sent his/her Prize. Secondary Prizes will be delivered by regular mail within 5-7 weeks of the potential winner being declared a winner.
Grand Prize Winner Notification:
Within ten (10) business days of each Draw Date (see Rule 5 above), the Sponsor or its designated representative will make five (5) attempts to contact the selected Entrant by telephone or email (using the information provided at the time of Entry). If the selected Entrant cannot be contacted within five (5) attempts or ten (10) business days of the Draw Date (whichever occurs first), or there is a return of any notification as undeliverable, then that selected Entrant will be disqualified. In the event of a disqualification, or in the event that Ferrero otherwise determines, in its sole and absolute discretion, that a selected Entrant is ineligible under the terms of these Official Rules, Ferrero reserves the right, but is not required, to randomly select an alternate eligible Entrant from among the remaining eligible Contest Entries.
7. GRAND PRIZE DECLARATION: To be declared the Grand Prize winner, the selected potential winner will be required to:(a) correctly answer a mathematical skill-testing question without mechanical or other aid (which may, in the sole and absolute discretion of the Sponsor, be administered online, by email or other electronic means, by telephone, or in the Sponsor’s form of declaration and release); and
Upon receipt and verification of the release form, the Grand Prize will be coordinated and held by the Sponsor with the confirmed winner within six (6) months.
8. GENERAL: By entering the Contest, Entrants agree to abide by the Official Contest Rules & Regulations and the decisions of the Sponsor with respect to all aspects of the Contest, which are final. If selected for a Prize, Entrants acknowledge that the Prize must be accepted as awarded, without substitution (unless substituted by the Sponsor in its sole and absolute discretion). All Entries become the permanent property of the Sponsor and none will be returned. Sponsor shall have the right to edit or modify Entries for any use in perpetuity. Only potential winners and winners will be contacted. The Contest is subject to all applicable federal, provincial, territorial and municipal laws.
9. TERMS OF ENTRY: By entering this Contest, in consideration for the chance to win a Prize, each Entrant:
10. RELEASE: You release the Releasees (as defined in Rule 7 above) from any liability in connection with a Prize or this Contest. The Releasees will not be responsible for late, lost, illegible, falsified, damaged, misdirected, mutilated, garbled or incomplete Entries or Prize claims and all such Entries/Prize claims are void. All Entries become the property of the Sponsor upon receipt and none will be returned.
The Releasees will not be liable for any failure of the Contest Website, do not assume any responsibility for incorrect or inaccurate capture of Entry information, technical malfunctions, human or technical error, printing errors, lost, delayed or garbled data or transmissions, omission, interruption, deletion, defect or failures of any telephone or computer lines or networks, computer equipment, software or any combination thereof. Entry material/data that have been tampered with or altered are void.
11. CONTEST CHANGES: The Sponsor reserves the right, with the consent of the Régie des alcools, des courses et des jeux (the “Regie”), to terminate or suspend this Contest or to amend the Official Contest Rules & Regulations at any time and in any way, without prior notice. Without limiting the foregoing, if, for any reason, the Contest is not capable of running as originally planned, the Sponsor reserves the right, with the consent of the Régie, to cancel the Contest. The Sponsor and the independent contest organization shall not be held responsible for any problems, errors or negligence that may arise or occur in connection with the Contest.
12. FOR QUEBEC RESIDENTS ONLY. Any litigation respecting the conduct or organization of a publicity Contest in Québec may be submitted to the Régie for a ruling. Any litigation respecting the awarding of the Prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.
13. CONSENT TO USE PERSONAL INFORMATION: When you voluntarily choose to participate in the Contest, personal information including, but not limited to your: first name, last name, mailing address, city, province/territory, postal code, telephone and email (collectively "Registrant Information") will be collected from you by the Sponsor. By entering this Contest and providing this information, you consent and agree to the Sponsors' collection and use of the Registrant Information to administer this Contest. Further, if the Photo uploaded by you contains personal information about you or about a child for whom you are the parent, guardian or other authorized legal representative, you consent to the use of the Photo for the purposes described in Rule 9 above.
14. INTERPRETATION: In the event of any discrepancy or inconsistency between the terms and conditions of the English and French Official Contest Rules & Regulations, disclosures or other statements contained in any Contest-related materials, including, but not limited to: the Claim Form, or point of sale, television, print or online advertising; the terms and conditions of the English Official Contest Rules & Regulations shall prevail, govern and control.
Collection of Personal and Non-Personal Information.
Voluntarily Submitted Data
If you opt not to provide us with PII you can still access our website, however you will be unable to participate in certain promotions, create login credentials in order to use certain functionalities on the site, activate or use a service, have a purchase order fulfilled or receive product information.
Site Usage Data and Cookies
When you connect to a Site, there is certain PII transmitted inherently through the use of internet communication protocols ("Site Usage Data", e.g. your IP address, the type of browser you are using, and the pages visited on our Sites) that may permit us to serve tailored ads to your device. Site Usage Data may be collected, used and stored by Ferrero through the use of "cookie" technology.
Use of Your PII. Ferrero's collection, use and disclosure of your PII is limited to the following purposes:
Please note that certain uses of your PII, as described above, may involve the transmission of your PII to jurisdictions outside of Canada, including the United States and/or Luxembourg. As such, your personal information may potentially be accessible to law enforcement and national security authorities of these jurisdictions.
Marketing purposes. You may choose whether you wish to receive marketing communications from us, and you may change your privacy preferences at any time by giving us written notice. If you choose not to receive any promotional communications from us, we will not send you purely promotional messages and will not share your personal information with other companies. We may still contact you for administrative purposes, such as confirming a purchase order or request further requests you've made.
Managing Your Personal Information. You have the ultimate control over the PII that we collect and use. You can always chose not to provide voluntary PII, but please keep in mind that you may not be able to use some of the features offered by a Site unless you provide us with certain PII (e.g., we will not be able to fulfill your purchase order without certain PII). If you wish to verify, update, cancel or correct any of your PII collected through a Site or amend your consent, contact us at email@example.com.
Sharing of information with Ferrero Affiliates
PII that you provide to us in the course of using our site features or requesting a product or service through this Site may be gathered and stored in one or more of our corporate databases. We may share PII that we collect about you with companies related to Ferrero by common control or ownership, as a normal part of conducting business and offering products and services to our customers.
Site metrics for this site may also be shared with companies related to Ferrero by common control or ownership. The information shared will be aggregate data and will not include any of your PII.
Protection of Children's Privacy. Ferrero takes the protection of children's privacy seriously. We operate the Sites in compliance with all applicable laws. We do not collect PII from any person under the legal age of majority unless we are permitted by such laws to do so.
Security Practices; Retention. The security of your PII is very important to us. We have put in place reasonable physical, electronic, and managerial procedures to safeguard the information we collect. However, due to the inherent open nature of the Internet, we cannot guarantee that communications between you and us or information stored on a Site or our servers will be completely free from unauthorized access by third parties, such as hackers. Your use of a Site demonstrates your assumption of this risk. We retain information that we collect as long as it is necessary and relevant for the purposes of collection unless a longer retention period is required or permitted by law.
Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY FOR ANY DAMAGES (INCLUDING, BUT NOT LIMITED TO, ANY AND ALL DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE LOSS OR OTHER DAMAGES OF ANY KIND, WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) THAT YOU MAY SUFFER DUE TO ANY LOSS, UNAUTHORIZED ACCESS, MISUSE, OR ALTERATION OF ANY INFORMATION YOU SUBMIT TO A SITE.
Transfer of Assets. During the course of our business, we may sell, purchase or grant a security interest in our assets, including your PII and Site Usage Data. For example, another entity may acquire Ferrero or all or substantially all of Ferrero's assets, in which case PII and Site Usage Data that we have collected about the users of the Sites may be disclosed or transferred to the acquiring entity. Also, if any bankruptcy or reorganization proceeding is brought by or against us, such information may be considered an asset of ours and may be sold, disclosed or transferred to third parties.
Last Updated: December 15, 2017
FERRERO CANADA LTD., with a registered office at 100 Sheppard Avenue East, Suite 900, M2N 6N5 North York, Ontario ("Ferrero", "we" or "us") is the owner of the content on and operator of this website and microsites accessed through this website (each a "Site" and collectively the "Sites"). Please be advised that Ferrero is not responsible for any other websites maintained by its corporate affiliates.
The Site has been created and is administrated on behalf of Ferrero by Ogilvy Interactive S.r.l. with registered office at 20158 Milan, Viale V.Lancetti, 29.
2. Intended use of the Sites. The Sites and their respective Content (as defined below) are for personal, non-commercial and entertainment use only. You cannot use a Site and its Content in relation to any commercial activity.
All trademarks, trade names and logos and all related product names, design marks and slogans which appear on the Sites are either the trademarks or services marks (registered or unregistered) of Ferrero, its affiliates and/or its licensors, unless otherwise stated herein. Ferrero, its affiliates and its licensors expressly reserve all intellectual property rights in all Content on the Sites. Except as expressly provided in these Terms of Service, no license is granted to you in connection with any Content contained on the Sites. In its sole discretion, Ferrero, its affiliates or its licensors may seek to enforce their intellectual property rights to the fullest extent of the law.
4. User Conduct/Acceptable Use Policy. A Site may provide you with an opportunity to interact with others and share your thoughts, information, and materials. You understand that content posted by users on a Site do not necessarily reflect the opinions or ideals of Ferrero. Ferrero expects all of its users to be respectful of other people. If you notice any violation of the acceptable uses set out in this section, or other unacceptable conduct by any user, you should contact us and report such activity using the contact information listed below in Section 15.
You are solely responsible for the content, information, and other materials that you post on a Site, submit to a Site or transmit to other users (including, but not limited to, creative ideas, suggestions and feedback/information on Ferrero's products and services) ("User Generated Content"), and agree that you will not hold the Released Parties (as defined below in Section 11) responsible or liable for any content, information or materials from other users that you access on a Site.
Categories of prohibited User Generated Content listed below are merely examples and are not intended to be exhaustive. Without limitation, you agree that you will not post or transmit to other users any User Generated Content that:
We may review, edit or delete at our sole discretion content and materials that you or others send or post to a Site, but are not obligated to do so. In any case, our decision is final.
You understand that when accessing or using the Site, you may be exposed to content and materials from a variety of sources, and that Ferrero is not responsible for the accuracy, appropriateness, usefulness, safety, or intellectual property rights of or relating to content and materials that are not generated by Ferrero.
5. Ownership of Material You Send, Post, Submit or Transmit; Right of Use; Submissions. We may include features on the Site that allow you to upload, share, send, post, submit or transmit to a Site comments, photos, videos, music or any other material or content that we can allow you to upload (i.e. User Generated Content). Please be informed that any User Generated Content that you send, post, submit or transmit may become publicly accessible (in association with your name, user name, town, country and/ or your picture, if applicable) and is and will be deemed and treated as non-confidential and non-proprietary by Ferrero. Such User Generated Content, upon being transmitted to Ferrero, shall immediately become the property of Ferrero and Ferrero shall exclusively now and hereinafter own all rights, title, and interest therein (subject to any third-party rights). You assign all right, title and interest in and to any User Generated Content that you submit to us upon the transmission of such content to a Site. Furthermore, Ferrero and its affiliates, shall be free to use such User Generated Content, without restriction, WITHOUT COMPENSATION, OTHER OBLIGATION OR ANY OTHER LIABILITY TO YOU, for any purpose whatsoever (subject to any third-party rights), including, but not limited to:
Ferrero and its affiliates shall further be entitled to reproduce, disclose, transmit, publish, broadcast or post in any medium, or edit, modify or delete all or any part of any User Generated Content. Ferrero shall not be liable for disclosure of such User Generated Content or for any similarities in the User Generated Content and any future Ferrero uses or activities.
You consent to allow Ferrero and its affiliate to contact you through email (or as otherwise indicated by you) regarding any request we may have related to your User Generated Content.
6. Links to Other Sites. A Site may contain links to other websites that are not owned, operated or maintained by us. You should independently assess the authenticity of any website which appears or claims that it is one of our Sites (including those linked to through an email). Despite any links that might exist on a Site, we do not control, recommend or endorse, and are not affiliated with these websites or their content, products, services or privacy policies. Viewing any third party site is at your own risk. Downloading material from certain websites may risk infringing intellectual property rights or introducing viruses into your computer system.
8. Site Transactions. If you choose to purchase any merchandise that may be made available through a Site (each a "Transaction"), you will be asked to provide certain information relevant to your Transaction (e.g., your credit card number, billing address, shipping information, etc.). You represent and warrant that you (i) have the legal right to use any credit card, debit card or other payment method that you use in connection with the Transaction and (ii) are either eighteen (18) years of age or older or have a parent or legal guardian with you to make the Transaction on your behalf. We reserve the right, in our sole discretion, to refuse or cancel any order you place with us. Some instances that may result in your order being canceled include, but are not limited to, where a product has been mispriced; when payment or billing information cannot be confirmed; or where the product is no longer in our inventory or that of our third party fulfillment provider. In the event that we cancel an order, we will attempt to notify you by contacting the email, billing address and/or phone number provided at the time you placed the order.
10. Disclaimer of Warranties/Exclusion of Liability.
YOUR USE OF A SITE IS AT YOUR OWN RISK. THE SITES AND ALL SOFTWARE, SERVICES, CONTENT AND USER GENERATED CONTENT MADE AVAILABLE THROUGH THE SITES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, IN WHICH CASE SOME OF THE EXCLUSIONS MAY NOT APPLY TO YOU. WE DO NOT REPRESENT OR WARRANT THAT YOUR USE OF THE SITES OR ANY SOFTWARE, SERVICES, CONTENT OR USER GENERATED CONTENT AVAILABLE THROUGH THE SITES WILL NOT INFRINGE THE RIGHTS OF ANY THIRD PARTIES. WE DO NOT WARRANT THAT A SITE, OR ANY CONTENT ACCESSED THROUGH A SITE WILL BE COMPLETELY SECURE, UNINTERRUPTED, OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT A SITE OR THE SERVER THAT MAKES A SITE AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR THE USE OF A SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY STATEMENTS, ERRORS, OR OMISSIONS CONTAINED THEREIN, CONTENT PROVIDED BY THIRD PARTIES (INCLUDING, BUT NOT LIMITED TO, CONTENT THAT INFRINGES UPON ANY THIRD PARTY'S RIGHTS), LINKS TO ANY OTHER WEBSITE OR ITS NATURE OR CONTENTS, OR ANY OTHER MATTER REGARDING A SITE AND YOUR USE OF IT. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY AND ALL DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ATTORNEY'S FEES AND COSTS, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, AND PERSONAL INJURY/ WRONGFUL DEATH), EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH A SITE IS TO DISCONTINUE YOUR USE OF THE SITE. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN DAMAGES IN WHICH CASE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
You agree to use best efforts to cooperate with us in the defence of any such matter. We reserve the right, at your expense, to assume the exclusive defence and control of any matter subject to indemnification by you.
12. Governing Law/Jurisdiction.
The Sites are accessible worldwide, but are specifically designed for use by residents of Canada. We reserve the right to limit the availability of our Sites and/or the provision of any service to any person, geographic area or jurisdiction in our sole discretion and at any time. You are solely responsible for compliance with any applicable local laws.