TERMS AND CONDITIONS & PRIVACY POLICY
Onward Manufacturing Company Ltd. (ONWARD) is committed to protecting the personal information of member companies, their employees and other individuals. In order to protect all personal information collected, used or disclosed by ONWARD, we have adopted the following Protection of Personal Information Code. On our web site, we only collect personal information required to improve the services we offer, to improve our site content and, with your permission, to contact you with information about our services. We will not share any personal information obtained on this Web site with any other organization without your express knowledge and consent. For more information on our Terms & Conditions and Web site Privacy Policies, please read below
TERMS AND CONDITIONS
Use of this Web site – This web site is owned and operated by Onward Manufacturing Company Ltd. (ONWARD) for your personal non-commercial use and information. Your use of this web site is subject to the following terms and all applicable laws. By accessing and browsing this web site, you accept, without limitation or qualification, these terms. If you do not agree with any of the terms, please do not use this web site. Material on this web site may not be copied, reproduced, republished, uploaded, posted, transmitted, posted, distributed or modified in whole or in part, whether in text, graphical, audio, video or executable form, except with written permission of ONWARD. You are responsible to ensure that your access to this web site and material available on or through it are legal in each jurisdiction in or through which you access or view the site or such material.
Limitation Of Liability – ONWARD OR ITS LICENSORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES FOR USE OR INABILITY TO USE MATERIAL, PRODUCTS OR SERVICES OF ANY KIND, DELAY OF OR PARTIAL DELIVERY, TERMINATION OF RIGHTS OR LOSS OF PROFITS, DATA, BUSINESS OR GOODWILL, WHETHER BASED IN CONTRACT OR IN TORT OR OTHER LIABILITY TO PROVIDE INDEMNIFICATION OR ANY OTHER REMEDY. THIS LIMITATION APPLIES WHETHER OR NOT ONWARD HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF ONWARD AND ITS LICENSORS FOR DAMAGES UNDER OR RELATED IN ANY WAY TO THESE TERMS AND CONDITIONS, WHETHER FOR A SINGLE OCCURRENCE OR SERIES OF OCCURRENCES, WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO ONWARD PURSUANT TO THESE TERMS AND CONDITIONS. This limitation on monetary damages will not apply to claims relating to death or personal injuries which arise out of products deemed to be consumer goods under applicable law. Your sole and exclusive remedy is to discontinue using and accessing this web site. To the extent the jurisdiction to which you are subject does not allow certain other limitations, such limitations which are not permitted do not apply.
Ownership and Confidentiality – Material on this web site, including but not limited to text, images, illustrations, software, audio clips and video clips, is owned or otherwise provided by ONWARD, and ONWARD does not represent or warrant that such material does not infringe the rights of any other person or entity. You acknowledge that information or material which you provide electronically through your access to or usage of this web site is not confidential or proprietary and acknowledge that unprotected e-mail communication over the Internet is subject to possible interception, alteration or loss. You also acknowledge that any information or materials which you provide electronically through your access to or usage of this web site does not infringe the rights of any person or entity, and may be used in whole or in part in any manner by ONWARD including, but not limited to, reproduction, retransmission, publication of such information or material or ideas, concepts or other know-how contained therein for the commercial purposes of ONWARD or disclosure of your identity. Trademarks, logos and service marks (collectively, ‘Marks’) displayed on this web site are registered or unregistered Marks of ONWARD or others, are the property of their respective owners, and may not be used without written permission of the applicable owner of such Marks. Any information or material contained on this web site which may be reproduced pursuant to these terms must bear the proprietary rights notices which originally appear on or in conjunction with such information or material.
Information we collect on our site – You can visit all public areas of our site without providing any personal information about yourself. Our Web site collects only non-personal information based on a visitor’s Internet Protocol (IP) address (this is not personally identifiable). Information collected includes the date and time of visit, the type of Internet browser used to access the site, the referring address (the link a visitor uses to access the site). This data is used to create statistics on site usage and improve online services. Communication and news subscriptions require the collection of personal contact information, and are solely for the use of Association staff to deliver communications to subscribers. All information collected is used solely for the purposes of communication, security, and site management. We also contract with third party companies to collect data and serve ads on our behalf across the Internet. To do this, they will collect information about your visits to our Web site and your interaction with our products and services. They may also use information about your visits to this and other Web sites to target advertisements. This data and targeted advertisements may appear on other sites that you visit. This information is collected through the use of a cookie or pixel tag ? industry standard technology used by most major Web sites. To opt-out of this type of messaging, please click here.
Links – Our web site contains links to other web sites that are part of or affiliated with ONWARD. These links and references are provided to you as a convenience only. ONWARD does not expressly or impliedly endorse these web sites or any information or material contained within such links. ONWARD does not assume any responsibility for any such other web sites, information or material posted thereon, or products or services offered thereon. When you leave the ONWARD site to visit one of these other sites, the only information transferred to the new site is the fact that you came from the ONWARD web site. Transmission of this referring address allows other sites to monitor their own web traffic, but does not disclose any personal information about you. ONWARD is not responsible for the content or privacy policies of any linked sites. Our Privacy Policy applies solely to information collected by this web site. You should consult the privacy policies at linked sites to determine how your personal information may be used. You may not create links from other web sites to this web site without written permission from ONWARD (to obtain permission, forward your request to [email protected]).
Bulletin Boards and Discussion Page Areas – This web site may include bulletin boards and discussion pages which allow communication and feedback to ONWARD and its users. ONWARD reserves the right at all times to monitor, edit, refuse to post or to remove any information or materials, in whole or in part, that in ONWARD’s sole discretion are objectionable or in violation of any of the terms contained herein, and to deny any user access to the web site. Users accessing the Bulletin Boards or Discussion Page areas agree not to:
restrict or inhibit any other user from using and enjoying the Bulletin Boards or Discussion Page areas
post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, or any blatant expression of bigotry, racism, hatred or harassment, including without limitation any transmission constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, provincial, federal or foreign law
post or transmit or in any way exploit any information, software or material for commercial purposes or which contains solicitations for sales or purchases, advertising, promotion or marketing
Software – Any software available for downloading through this web site is provided by third party software vendors pursuant to license agreements or other arrangements between such vendors and end-users. ONWARD does not sell, resell, or license or sub-license any such software, and ONWARD disclaims any responsibility or liability related to the software. Any questions, complaints or claims related to the software should be directed to the appropriate vendor. Your are solely responsible for adequate protection and backup of the data and equipment used in connection with any of the software downloaded through this web site. [In the event of any express inconsistency between these terms and those contained in any license agreement with a software vendor, the terms contained in the license agreement shall prevail.]
Accuracy of Information – While ONWARD may update the information or materials on this web site from time to time, no assurance is given that information or material on this web site is up-to-date, accurate, error-free or complete.
Viruses, etc. – ONWARD does not represent or warrant that the information or materials, including without limitation any downloadable software, accessed from or through this web site will be uninterrupted or free of errors, defects, viruses or other harmful components, or that any such problems which are discovered will be corrected.
Damage to Others – You agree not to introduce into or through this web site any information or materials which may be harmful to others. Among other things, you agree not to knowingly or otherwise include any error or defect in material or information which may, among other things, be a libel, slander, obscenity, or promote hatred or otherwise give rise to a criminal offense or civil liability on the part of any person or entity.
Reserve of Rights – All rights not expressly granted in these terms are reserved to ONWARD. Nothing contained in these terms shall be construed as conferring by implication, estoppels or otherwise any license or right under any copyright, patent, trademark or other intellectual right of ONWARD or any other person or entity.
Governing Law – This site is controlled and operated by Onward Manufacturing Company Ltd. from Waterloo , Ontario and these terms shall be governed by the laws of Ontario and the applicable laws of Canada without reference to principles of conflict of laws. You agree to be bound by such laws and to submit to the jurisdiction of the courts of the Province of Ontario in connection with the interpretation or application of these terms. Those who choose to access this web site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Changes to Terms – ONWARD may modify, alter or otherwise update the terms applicable to this web site from time to time without notice, and you agree to be bound by such terms as are in effect at the applicable time at which you access the ONWARD web site.
BROIL KING GAME DAY GRILL CONTEST
GAME DAY GRILL CONTEST
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.
1. Eligibility: This Contest is open only to those who enter at the https://www.facebook.com/broilkingbbq/ or https://www.instagram.com/broilkingbbq/ and who are 18 years of age or older as of the date of entry. The Contest is only open to legal residents of Canada (excluding Quebec) and legal residents of the United States, and is void where prohibited by law. Employees of Onward Manufacturing, its affiliates, subsidiaries, advertising and promotion agencies, and suppliers, (collectively the “Employees”), and immediate family members and/or those living in the same household of Employees are not eligible to participate in the Contest. The Contest is subject to all applicable federal, state, and local laws and regulations. Void where prohibited.
2. Agreement to Rules: By participating, the Contestant (“You”) agree to be fully unconditionally bound by these Rules, and You represent and warrant that You meet the eligibility requirements. In addition, You agree to accept the decisions of Onward Manufacturing as final and binding as it relates to the content of this Campaign.
3. Campaign Period: Entries will be accepted online starting on 25 November 2020 at 00:00 EST and ending on 3 January 2021 at 00:00 EST. All online entries must be received by 3 January 2021 at 00:00 EST.
4. How to Enter: The Contest must be entered by following the Broil King Instagram page (https://www.instagram.com/broilkingbbq/) and uploading a photo, that satisfies contest requirements, to the entrant’s Instagram profile and adding #BroilKingGameDayGrill in the post’s description or on the Instagram story. The entry must fulfill all Contest requirements, as specified, to be eligible to win a prize. Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Onward Manufacturing. You may enter as many times as you like. You may not enter more times than indicated by using multiple email addresses, identities, or devices in an attempt to circumvent the rules. If You use fraudulent methods or otherwise attempt to circumvent the rules, your submission may be removed from eligibility at the sole discretion of Onward Manufacturing.
5. Prizes: The Winner(s) of the Contest (the “Winner”) will receive a Broil King accessory pack with a retail value of approximately $100. The prize will be shipped to an address in Canada or in the contiguous United States only. If delivery is not possible, for whatever reason, the prize can be collected at an address determined by Onward Manufacturing. Actual/appraised value may differ at time of prize award. The specifics of the prize shall be solely determined by Onward Manufacturing. No cash or other prize substitution shall be permitted except at Onward Manufacturing’s discretion. The prize is nontransferable. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of Winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by Winner is permitted. Acceptance of prize constitutes permission for Onward Manufacturing to use Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
6. Odds: The odds of winning depend on the number of eligible entries received.
7. Winner Selection and Notification: Winner will be selected by a random draw under the supervision of Onward Manufacturing. Winner will be notified by a Facebook or Instagram Direct Message within five (5) days following selection of Winner. Onward Manufacturing shall have no liability for Winner’s failure to receive notices due to spam, junk e-mail or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information. If Winner cannot be contacted, is ineligible, fails to claim the prize within 2 days from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited and an alternate Winner selected. Receipt by Winner of the prize offered in this Campaign is conditioned upon compliance with any and all federal, state, and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (AT ONWARD MANUFACTURING‘S SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE CAMPAIGN, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
8. Rights Granted by You: By entering this content (e.g., photo, video, text, etc.), You understand and agree that Onward Manufacturing, anyone acting on behalf of Onward Manufacturing, and Onward Manufacturing’s licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the Campaign, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes. without any further compensation, notice, review, or consent. Optional verbiage for Contests: By entering this content, You represent and warrant that your entry is an original work of authorship, and does not violate any third party’s proprietary or intellectual property rights. If your entry infringes upon the intellectual property right of another, You will be disqualified at the sole discretion of Onward Manufacturing. If the content of your entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, You shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold harmless Onward Manufacturing from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which Onward Manufacturing may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.
9. Terms & Conditions: Onward Manufacturing reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Campaign should virus, bug, non-authorized human intervention, fraud, or other cause beyond Onward Manufacturing’s control corrupt or affect the administration, security, fairness, or proper conduct of the Campaign. In such case, Onward Manufacturing may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Onward Manufacturing. Onward Manufacturing reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Campaign or website or violates these Terms & Conditions. Onward Manufacturing has the right, in its sole discretion, to maintain the integrity of the Campaign, to void votes for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Campaign rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Campaign may be a violation of criminal and civil laws. Should such attempt be made, Onward Manufacturing reserves the right to seek damages to the fullest extent permitted by law.
10. Limitation of Liability: By entering, You agree to release and hold harmless Onward Manufacturing and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrant’s participation in the Campaign and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error in the administration of the Promotion or the processing of entries.
11. Disputes: THIS Campaign IS GOVERNED BY THE LAWS OF Canada AND Ontario, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Campaign, participant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Campaign, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Ontario having jurisdiction. Further, in any such dispute, under no circumstances shall participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Campaign). Participant further waives all rights to have damages multiplied or increased.
12. Privacy Policy: Information submitted with an entry is subject to the Privacy Policy stated on the Broil King website. To read the Privacy Policy, click here: https://broilkingbbq.com/wp-content/uploads/2019/04/privacy-policy-2018.pdf.
13. Winners List: To obtain a copy of the Winner’s name or a copy of these Official Rules, mail your request along with a stamped, self-addressed envelope to: Onward Manufacturing, 585 Kumpf Drive, Waterloo, Ontario N2V 1K3 Canada. Requests must be received no later than 15 July at 09:00 EST.
14. Sponsor: The Sponsor of the Contest is Onward Manufacturing, 585 Kumpf Drive, Waterloo, Ontario N2V 1K3 Canada.
15. Facebook/Instagram: The Campaign hosted by Onward Manufacturing is in no way sponsored, endorsed, administered by, or associated with Facebook or Instagram.