Competition Terms and
Conditions
1 These are the standard terms and conditions for competitions
conducted or promoted by or in association with H.B. Studios Multimedia Limited
(HB Studios). Competition specific rules may apply in addition to these
standard terms and conditions to supplement these standard terms and
conditions. In the event of a conflict between these standard terms and
conditions and any competition specific rules, the competition specific rules
will apply. The competition specific rules shall describe the number and approximate value of the prizes, and if
applicable the area or areas to which they relate.
2 Your entry into the competition and/or your acceptance of a
prize (in the event that you win a prize) constitutes your binding acceptance of
the terms and conditions on behalf of yourself and any person with whom you may
share a prize (in the event that you win a prize which is for you and one or
more additional persons (“your partner”).
3 The competition is not open to
3.1 directors, members, partners, agents, employees or consultants of HB
Studios or any supplier of goods or services in connection with a competition;
and
3.2 the spouse, life partner, business partner or associate, or the natural or
adopted parent, child, or sibling, of any of the persons specified in above.
4 Entrants under the age of 18 must obtain permission from their
parents or guardians before entering.
5 It is your responsibility to ensure that your entry is
received by us prior to the closure of the competition. Any entries which are
not received by us prior to the closure of the competition will not be eligible
to participate, regardless of the reason for the late entry. We and our
affiliates are not responsible for any entries which are not received by us,
whether timeously or at all, regardless of the cause thereof. Without
limitation, we and our affiliates are not responsible for any problems or
technical malfunction of any telephone network or lines, computer on-line
systems, servers, or providers, computer hardware or software failure or
malfunction, traffic congestion (whether physical, or on the Internet,
telephone lines or at any service provider, web site or other device or
medium), or any combination thereof, or any other technical or other problems.
6 We and our affiliates are not responsible for any injury or
damage to your or any other person’s computer, mobile telephone, computer
system, console or other device used by you to enter into, or obtain any
materials related to, the competition.
7 It is your responsibility to ensure that any information which
you provide to us is accurate, complete and up to date.
8 No entry fees apply. Any costs or expenses which you may incur
other than in respect of those items specifically included in a prize are for
your own account. HB Studios will not be responsible for any costs or expenses
which you, or your partner (if applicable), incur during and for purposes of
your entry into the competition and your acceptance and/or use of a prize.
9. If the prizes advertised are unavailable, or unable to be
shipped to the contestant’s location at the time of the announcement of the
winner, a prize of similar or equal value will be offered.
10 We do not make any representations or give any warranties,
whether expressly or implicitly, as to a prize, and in particular, but without
limitation, make no representations and give no warranty that –
10.1 your entry or participation in the competition will necessarily result in
you winning a prize;
10.2 a prize, or any aspect thereof, will meet your, or, if applicable, your
partner’s, requirements, preferences, standards or expectations; or
10.3 a prize, or any aspect thereof, will be satisfactory, punctual, free from
defects, safe or reliable.
11 All
competitions will be based on the skill parameters in place within the release
version of The Golf Club game.
12 We and our affiliates will
not be responsible for any harm, damage, loss or claim relating to the
provision of any element of a prize or any changes to a prize that may be made
at any time.
13 Prizes are not transferable and may not be deferred, changed
or exchanged for cash or any other item.
14 You may not win a prize if it is unlawful for us to supply
such a prize to you. If you do win such a prize, you will forfeit it.
15 If a prize involves travel, you must possess whatever
documents and permissions that may be required in order to accept and use a
prize, including, as regards international travel, a valid passport and all
necessary visa and travel documentation, which documents and permissions it is
your responsibility to obtain at your own cost, and which documents and
permissions must remain valid in such minimum form and for such minimum period
after the prize date as may be required by the relevant authorities. Your
passport should have a validity of a minimum of six months following your
return and have at least three blank pages.
16 The winners will be notified by means of the contact details
provided to us. If we are, or a third party supplier is, unable to contact a
winner within 30 days or if the winner is unable to collect the prize within 60
days, the winner will forfeit the prize and HB Studios reserves the right to
re-draw a new winner under the same conditions.
17 We may invite you to be present when the prize winners are
determined or announced, to participate in any of our marketing activities, to
appear in person in the electronic media and/or the print media, and/or to
endorse, promote or advertise any of our goods or services, for which no fee,
royalty or other compensation will be payable. You may decline such an
invitation.
18 We may require you to provide us with such additional
information and documentation as we may reasonably require in order to process,
confirm and facilitate your acceptance and/or use of a prize. If you refuse to
provide us with the requested information or documentation, you will forfeit
the prize.
19 In the event that you win a prize provided by a third party
supplier, the supplier will contact you to arrange the collection thereof. In
this regard, you must collect the prize at the time and date arranged with the
supplier of the prize. All correspondence regarding the prize must be directed
at the supplier of the prize. HB Studios will not be responsible for any
further correspondence, harm, damage, loss or claim relating to the provision
of any element of the prize.
20 We and our third party suppliers, as the case may be, reserve
the right to vary, postpone, suspend, or cancel the competition and any prizes,
or any aspect thereof, without notice at any time, for any reason which we deem
necessary. In the event of such variation, postponement, suspension or
cancellation, you agree to waive any rights, interests and expectations that
you may have in terms of this competition and acknowledge that you will have no
recourse against us, our affiliates and third party suppliers.
21 You agree that your participation in the competition, and
your acceptance and/or use of a prize, or any aspect thereof, is at your own
risk.
22 We and our affiliates will not be responsible, and disclaim
all liability, for any loss, liability, injury, expense or damage (whether
direct, indirect, incidental, punitive or consequential) of any nature, whether
arising from negligence or any other cause, which is suffered by your
participation in the competition or the acceptance and/or use by you, or your
partner (if applicable), of any prize, or by any action taken by us or any of
our affiliates in accordance with the terms and conditions.
23 You, and in the event of your death, your family, dependants,
heirs, assignees or any other beneficiaries of your estate, indemnify and hold
us and our affiliates harmless against any claim by you, or your partner (if
applicable), (whether direct, indirect, incidental, punitive or consequential)
of any nature, whether arising from negligence or any other cause, relating to
any injury, loss, liability, expense and/or damage which you may suffer,
howsoever arising, in relation to your entry into this competition and/or
acceptance and/or use by you of a prize.
24 You acknowledge that the acceptance and use of a prize is
subject to the proviso that -
24.1 all of the terms and conditions will apply to both you and your partner
(if applicable), and you will ensure that your partner agrees to be bound and
complies, and will continue to comply, therewith;
24.2 you will take full responsibility for your partner;
24.3 you indemnify and hold us and our affiliates harmless against any claim by
your partner or any third party in the event that your partner suffers any loss
or damage pursuant to your partner’s acceptance and/or use of a prize;
24.4 any minor will be accompanied by a parent or legal guardian.
25 If you fail or, if your partner (if applicable) fails, to
comply with any of the terms and conditions, then without prejudice to any
other remedy which we may have, –
25.1 you will be automatically disqualified and you will forfeit the prize/s
(in the event that you have already won a prize);
25.2 you will pay us for any loss or damage incurred by us directly or
indirectly as a result of your (or, if applicable, your partner's)
non-compliance, including all of our legal costs (including attorney and own
client costs) which we may incur in taking any steps pursuant to your (or your
partner’s) non-compliance; and
25.3 you indemnify and hold us and our affiliates harmless against any claim by
any person, (whether direct, indirect, incidental, punitive or consequential)
of any nature, whether arising from negligence or any other cause, relating to
any death, injury, loss and/or damage which may be suffered howsoever arising
in relation to your failure (or that of your partner, if applicable) to comply
therewith.
26 For purposes hereof, "affiliate" means our
partners, co promoters and sponsors of this competition, our subsidiaries, our
and their subsidiaries and respective holding companies, the subsidiaries of
their holding companies, and our and their directors, officers, employees,
agents and representatives.
27 These terms and conditions will be construed,
interpreted and enforced in accordance with the laws of nova Scotia, Canada
without regard to conflicts of law. Any disputes are SUBJECT EXCLUSIVELY to the
courts of Nova Scotia sitting at Halifax.
28 HB Studios and the judges' decision on
any matter concerning the competition and/or arising out of these terms and
conditions is final and binding on you, and no correspondence will be entered
into.