Clearco General Contest Rules
Last Updated: September 27 2024
1. Application. These general contest rules (“General Contest Rules”) apply to contests (each, a "Contest") operated by CFT Clear Finance Technology Corp. (“Sponsor” or “Clearco”), with a head office located at 33 Yonge St., Suite 1302, Toronto, Ontario, Canada M5E 1G4, unless there are specific contest rules for a particular Contest, in which case those specific contest rules will apply. By entering a Contest, entrants agree to be legally bound by these General Contest Rules, and will be deemed to have read and understood these General Contest Rules.
2. Eligibility. Unless otherwise stated, to enter a Contest and to be eligible to win, entrant must be at least 18 years of age at the time of entry and a resident of the United States of America. Employees of Sponsor, its agents, parent, affiliated or related companies, subsidiaries, divisions, prize sponsors, promotional and advertising agencies or employees of any other entity involved in the development, production, administration, or fulfillment of the applicable Contest (and any person domiciled with any such employee) are ineligible to enter. Individuals that have won a Contest within the thirty (30) days preceding the start of the applicable Contest (as well as those with whom they reside) are also not eligible to enter.
3. Prizing & Contest Period. The details of the prize(s) available to be won (including the number and the approximate retail value of the prize(s) available to be won), the duration and timing of a Contest and any other relevant information of a Contest will be identified through applicable promotional materials (including Sponsor’s official social networking pages), at the start (or before the start) of the Contest. Prize(s) may not be exactly as advertised. Prize(s) must be accepted as awarded, may not be sold, transferred and are not convertible to cash. Sponsor reserves the right to substitute a prize, in whole or in part, in the event all or any component of a prize is unavailable. Limit of one (1) prize per household per Contest.
4. Contest Entry. No purchase necessary to enter a Contest. Unless otherwise stated, there is a limit of one (1) entry per person per day per Contest. To enter a Contest, follow the instructions given via the Sponsor’s official social networking page (described below), as applicable.
For online entry: Without limiting the foregoing, if entry in a Contest occurs online, visit the Sponsors website (www.clearco.com) during the applicable Contest entry period and follow the on-screen instructions on the applicable Contest’s webpage to complete and submit the online entry form
For entry via social media: Without limiting the foregoing, if entry in a Contest occurs via one or several of the official social networking pages for the Sponsor, entry must occur during the applicable Contest entry period by means of the applicable third party service or site (each, a “Third Party Service”).
To enter a Contest by means of a Third Party Service, you must have a valid account with the applicable Third Party Service and are solely responsible to ensure that your account settings allow the Sponsor to view your account as required to administer the applicable Contest (failing which, you may be disqualified). By creating an account with a Third Party Service, you agree to comply with such Third Party Service’s Terms of Service. By entering a Contest by means of a Third Party Service, entrants completely release any such Third Party Service of all liability in relation to his/her participation in the applicable Contest. Entrants acknowledge that the applicable Contest is in no way sponsored, endorsed or administered by, or associated with the Third Party Service(s) and that any questions, comments or complaints regarding any Contest should be directed to Sponsor and not to Third Party Service(s). All entries are subject to verification at any time and for any reason. Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to Sponsor – including, without limitation, government issued photo identification): (i) for the purposes of verifying an individual’s eligibility to participate in the applicable Contest; (ii) for the purposes of verifying the eligibility and/or legitimacy of any entry or other information entered (or purportedly entered) for the purposes of the applicable Contest; and/or (iii) for any other reason Sponsor deems necessary, in its sole and absolute discretion, for the purposes of administering the applicable Contest in accordance with the General Contest Rules and, if provided, any further Contest-related instructions. Failure to provide such proof to the complete satisfaction of Sponsor within the timeline specified by Sponsor may result in disqualification in the sole and absolute discretion of Sponsor. The sole determinant of the time for each Contest will be the Sponsor’s official clock.
5. Requirements for Photo, Video or Written Submissions. From time to time, a Contest entry mechanism may require you to submit an original photograph, video, written composition (i.e. essay, comment or story) or another form of original submission (each, a “Submission”) to Sponsor. Submissions must be original and must not include any third party’s proprietary content. Sponsor in its sole and absolute discretion may: (i) disqualify any entrant who uses third party proprietary content, at any time; (ii) edit any Submission to blur out any trade-marks or to remove any copyrighted content, including but not limited to, music or video clips, as applicable; and/or (iii) disqualify any Submission that involves anything illegal, potentially or actually dangerous or harmful or containing any element of physical risk. Submissions must not contain any reference to, or likeness of, any identifiable third parties, unless consent has been obtained from all such individuals and their parent/legal guardian if they are under the age of majority in their jurisdiction of residence. Submissions must not include any illegal, defamatory or in any way obscene content. Submissions cannot be a parody or derogatory. Submissions remain the property of the entrant, however by entering a Contest, each entrant: (i) represents and warrants that his/her Submission is her or her original work and does not infringe on any third party rights, including, without limitation, copyright, trade-mark or any other intellectual property rights; (ii) represents and warrants that he/she has all necessary rights from any third party that appears, or is mentioned, in the Submission, including those from the parent or legal guardian if third party is under the age of majority; (iii) grants Sponsor an unlimited, royalty free, irrevocable, right and license to reproduce, post and/or broadcast the Submission in any form of media now known or hereinafter developed; (iv) waives all moral rights in the Submission in favour of Sponsor; (v) agrees to release, indemnify, discharge and hold harmless Sponsor from any claim or liability arising from or related to the Submission; and (vi) consents to the publication and/or use, in any medium of the Submission for the purpose of administering the applicable Contest and publicity purposes carried out by Sponsor and/or its advertising and promotional agencies without payment or compensation of any kind. Submissions may be showcased by Sponsor at its sole and absolute discretion on a public viewing gallery. Sponsor assumes no responsibility for any claims against infringement of the right of privacy with respect to any Submission.
6. Prize Draw. For Contests where the winner is selected from entries received, a random draw for the prize(s) will take place from all eligible entries received during the applicable Contest period. The potential prize winner will be contacted using the information provided at the time of entry. In the event a potential prize winner cannot be contacted within two (2) business days after the draw, as determined by Sponsor at its sole discretion, or if these General Contest Rules are not adhered to by a potential prize winner, such potential prize winner will be disqualified and will forfeit all rights to the applicable prize.
7. Awarding of Prize(s). Proof of identification must be provided upon request. In order to be declared a prize winner, each potential winner must first: (i) be verified as complying with these General Contest Rules (as determined by Sponsor in its sole and absolute discretion); and (iii) if requested by Sponsor, sign and return within the time stipulated by Sponsor, a full release and indemnity form (“Release Form”) stating that, among other things, he/she agrees to be available and to participate in publicity and/or promotions related to the Contest and/or Sponsor, authorizes Sponsor to broadcast, publish, disseminate and otherwise use his/her name, city/town/village and state of residence, photograph, likeness, sobriquet and voice, in connection with any promotion and/or publicity, and/or for general news, entertainment and/or information purposes at no additional compensation, beyond the awarding of or participation in the applicable prize, accepts the applicable prize as offered and releases Sponsor from any and all liability of any kind relating to the Contest and his/her receipt and use or misuse of the applicable prize.
8. Odds of Winning. For Contests with online entries (including Contests where entry occurs via social media) or with text entries, the odds of winning will depend on the number of eligible entries received during the Contest period.
9. All decisions of Sponsor with respect to any aspect of a Contest are final and binding on all entrants without right of appeal. Contests are subject to all applicable federal, state and municipal laws and regulations. ANY ENTRANT DEEMED BY SPONSOR TO BE IN VIOLATION OF THESE GENERAL CONTEST RULES FOR ANY REASON IS SUBJECT TO DISQUALIFICATION IN THE SOLE AND ABSOLUTE DISCRETION OF SPONSOR AT ANY TIME.
10. By entering a Contest, each entrant fully releases Sponsor, its parent companies, subsidiaries, affiliates, prize suppliers, advertising/promotion agencies and any other entity involved in the development, production, administration, or fulfillment of the applicable Contest from all liability of any kind relating to the Contest or his/her participation therein, including, without limitation, any liability related to: (i) any failure of the a website; (ii) any technical malfunction or other problems of any nature whatsoever, including, without limitation, those relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; (iii) the failure of any entry or other information to be received, captured or recorded for any reason whatsoever, including, but not limited to, technical problems or traffic congestion on the internet or at any website; (iv) any injury or damage to an entrant’s or any other person’s computer or other device related to or resulting from participating in a Contest; and/or (v) any combination of the above.
11. Sponsor reserves the right to cancel, modify or suspend a Contest or to amend these General Contest Rules at any time and in any way, without prior notice, for any reason whatsoever. Without limiting the foregoing, if for any reason, in the opinion of Sponsor in its sole and absolute discretion, a Contest is not capable of running as originally planned, for example as a result of tampering, unauthorized intervention, fraud, technical failures, mechanical manipulation or any other causes beyond its control, including any automated, macro, script, robotic or other system(s) or programs to enter, Sponsor reserves its right to amend, cancel or suspend the applicable Contest and/or conduct a random draw from all previously received eligible entries. Without limiting the generality of the forgoing, Sponsor reserves the right, in its sole and absolute discretion, to administer an alternate test of skill as it deems appropriate based on the circumstances and/or to comply with applicable law.
12. If it is discovered by Sponsor (using any evidence or other information made available to or otherwise discovered by Sponsor) that any person has attempted to: (i) exceed any of the limits stated in these Rules; and/or (ii) use multiple names, identities, social media accounts, telephone numbers, email addresses and/or any automated, macro, script, robotic or other system(s) or program(s) to enter or otherwise participate in or to disrupt this Contest; then he/she may be disqualified from the Contest in the sole and absolute discretion of Sponsor.
13. By entering a Contest, each entrant consents to the collection, use and distribution of his/her personal information (information that identifies an entrant as an individual, such as home telephone number, age and home address) by Sponsor for the purposes of implementing, administering and fulfilling the applicable Contest and otherwise in accordance with Sponsor’s privacy policy, available at www.clearco.com/privacy. Sponsor will not sell or transmit this information to third parties except in accordance with its privacy policy. This section does not limit any other consent(s) that an individual may provide Sponsor or others in relation to the collection, use and/or disclosure of their personal information. Where a Contest can be entered via a Third Party Service, you understand that any personal information you share with such Third Party Service may also be used on that Third Party Service as set out in that Third Party Service’s own privacy policy.
14. For greater certainty, each prize claimant consents to the use of their name, city of residence, likeness, comments, photograph or voice, without further compensation, in any future publicity carried out by Sponsor in connection with the applicable Contest.
15. If the identity of an entrant is in dispute, the authorized account holder of the email submitted at the time of entry (if provided) will be deemed to be the entrant. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an internet access provider, on-line service provider, or other organization (e.g. business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the e-mail address in question (if provided).
16. Participation in a Contest is also subject to, and you agree to the terms of Clearco’s Terms of Use at: www.clearco.com/terms.
17. Winners List: To obtain a copy of the Winner's name or a copy of these Official Rules, mail your request (including a description of the applicable Contest) along with a stamped, self-addressed envelope to: CFT Clear Finance Technology Cop., Attn: Marketing Department, 33 Yonge Street, Suite 1302, Toronto, Ontario, Canada M5E 1G4. Requests must be received no later than 30 days from the end of the applicable Contest period.
18. Each Contest is subject to all applicable federal, state and municipal laws. All issues and questions concerning the construction, validity, interpretation and enforceability of these General Contest Rules, or the rights and obligations of participants and the Sponsor in connection with a Contest, shall be governed by, and construed in accordance with, the laws applicable in the state of Delaware.