Terms and Conditions
MOVEMBER GENERAL TERMS
This section sets out the terms that apply to your use of the Movember website, the Movember mobile website and the Movember mobile apps (together, Services). Your continued use of our Services indicates to Movember that you agree with these General Terms, as updated from time to time. We may change these General Terms from time to time, so please check back regularly.
- Content created by Movember - Movember owns or licences from third parties all of the trademarks, copyright and other intellectual property that exists in the Services. You must not copy or reproduce in any form any of the graphics, logos or other material from our Services unless you have our specific permission. For the avoidance of doubt, you have our permission to download material from the Downloads page on our website, subject to the restrictions noted on that page.
- Content posted by you - Any content that you post to our Services (eg photos, videos and comments) is your responsibility, and you must make sure that you have the necessary rights to post that content (eg by obtaining permission of copyright owners if necessary or by obtaining permission to use personal information of third parties). By posting any content, you also give Movember a non-exclusive, transferable, royalty-free worldwide right to use and reproduce that content.
- Third party copyright infringement – Movember follows the provisions of the Digital Millennium Copyright Act and other relevant copyright legislation as applicable. If you believe that someone else is using your copyright or trademark without your permission, please contact us at email@example.com to report the infringement.
- Respect the Mo Community – Stay respectful by adhering to the following:
a. You must not collect user’s content using automated means
b. You must not interfere with our website, upload viruses or other malicious code
c. You must not bully, intimidate or harass anyone
d. You must not post any content that infringes or violates someone else’s rights, or otherwise violates the law, or that is discriminatory, hateful, pornographic, threatening or violent
- Movember’s disclaimer – Movember takes great care with its Services and we endeavor to keep them accurate, error-free, and free of any offensive material. However, you use the site at your own risk and Movember will not be liable for any costs or losses you incur through your use of our Services. Whilst we may include on our Services links to third party websites or resources, Movember is not responsible for such third parties and you use those websites or resources at your own risk.
- Hosting a Mo Party – If you register to host a Mo Party, we are happy to provide you with the materials in the Mo Event Kit, but organizing and running the Mo Party is your responsibility. You will be responsible for taking care of all permits, permissions, insurance or other similar issues arising from the Mo Party that you organise and Movember will not have any liability in relation to any injury, damage or loss at a Mo Party.
- Hosting a MOVE Event – By registering to host a MOVE Event, you are responsible for organizing and running the event, as well as acquiring the necessary permits, permissions and insurance required to host the event. There are risks and dangers inherent to a MOVE Event, given the physical component, and by choosing to host a MOVE Event you understand that Movember will not have any liability in relation to any injury, damage or loss at a MOVE Event.
- Participating in a Mo Party or MOVE Event – You acknowledge that you participate in a Mo Party or MOVE Event at your own risk and that Movember will not have any liability in relation to any injury, damage or loss you suffer at a Mo Party or MOVE Event.
- Your MOVE – Any MOVE challenges, events and activities (including any challenges you set for yourself) (MOVE) should only be undertaken with consideration given to your existing physical health, any medical conditions you may have and advice from appropriate health professionals. The information provided on this site, and any linked sites, is not a substitute for medical or professional care or advice particularly in relation to the suitability or safety of a MOVE. Movember will not have any liability in relation to any injury, damage or loss related to your involvement in a MOVE.
- Movember Event Tickets – If you attend an official Movember event, you will need to comply with the terms that are printed on the tickets or as notified to you by Movember at the Movember event.
- Refunds – Movember is happy to refund your donation if you have made it in error and notify Movember prior to April 30 of the year following the relevant Movember Campaign. If you wish to request a refund then please contact us using the contact details in the Contact Us section of the Movember website relevant to the country in which you live.
- Movember’s rights - Movember may remove any content posted by you, or prevent access by you to our Services at its entire discretion. Any failure by Movember to enforce our rights under these General Terms is not a waiver and we remain entitled to enforce our rights.
- Entities and governing law – the Movember entity and relevant law governing these General Terms depends on the country in which you live:
a. If you live in the USA, these General Terms form an agreement between you and Movember Foundation subject to the laws of California, USA;
b. If you live in Canada, these General Terms form an agreement between you and Movember Canada, subject to the laws of Ontario, Canada;
c. If you live in the UK or a country that forms part of the EEA (except for Germany), these General Terms form an agreement between you and Movember Europe, subject to the laws of England and Wales;
d. If you live in New Zealand, these General Terms form an agreement between you and the Movember Foundation New Zealand, subject to the laws of New Zealand;
e. If you live in Germany, these General Terms form an agreement between you and Movember Foundation e.V, subject to the laws of Germany; and
f. If you live in Australia, or in any other place not covered by paragraphs a, b, c, d or e above, these General Terms form an agreement between you and The Movember Group Pty Ltd as trustee for the Movember Foundation, subject to the laws of Victoria, Australia.
Payment gateway services provided by:
Prizing Terms & Conditions
Valid for one gift of $10 made by Visa per donation when using Visa Checkout. Promotion period runs from 12:01am ET on October 15, 2015 and ends the earlier of (a) when 30,000 Visa Checkout transactions have occurred or (b) at 11:59pm ET on December 9, 2015. Visa’s total contribution is up to $300,000.
This contest is open to Canadian residents only and is governed by Canadian law.1. CONTEST PERIOD:
The Movember/Harley-Davidson Motorcycle Giveaway Contest (the “Contest”) begins on at 12:00:00am on September 9, 2015 and concludes at 12:00:00am on November 1, 2015 (EST) (the “Contest Period”).2. ELIGIBILITY:
Contest is open to all legal residents of Canada who have reached the age of majority in their province/territory of residence at the time of entry, except employees, representatives or agents (and those with whom such persons are domiciled, whether related or not) of Movember Canada (the “Sponsor”), its parent companies, subsidiaries, affiliates and advertising/promotion agencies (collectively, the “Contest Parties”).3. HOW TO ENTER:
NO PURCHASE NECESSARY. To enter, (1) go to www.movember.com (the “Website”), register to grow a Mo with Movember Canada before November 1, 2015 at 12:00:00am (EST) and agree to be legally bound by these Rules (this constitutes an “Automatic Entry”). Use (or attempted use) of multiple name, identities, email addresses and/or any automated system to enter or otherwise disrupt this Contest is prohibited and is grounds for disqualification by the Sponsor. The Releasees (defined below) are not responsible for late, lost, misdirected, delayed, incomplete or incompatible Entries.
All Entries are subject to verification at any time. The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification) to participate in this Contest. Failure to provide such proof in a timely manner may result in disqualification. The sole determinant of the time for the purposes of a valid Entry in this Contest will be the Contest server machine(s).4. THE PRIZE AND APPROXIMATE RETAIL VALUE:
There will be one (1) prize available to be won consisting of a Harley-Davidson® Street™ 500 motorcycle (the “Prize”), worth approximately CDN $8,099. Prize must be accepted as awarded and is not transferable or convertible to cash except at the Sponsor’s sole and absolute discretion. Prize will only be awarded to the person whose full name and valid email address appears on the Entry.5. RANDOM PRIZE DRAW AND WINNER SELECTION:
The winner will be determined by a random draw from all eligible Entries received during the Contest Period. This draw will take place at approximately 2:00:00pm (Australian Eastern Daylight Savings Time) on November 1, 2015 at the premises of Movember or its authorized agent at IE Media, 9 Brighton St, Richmond 3121, Australia. The odds of winning depend on the number of eligible Entries received during the Contest Period.
The Sponsor or its designated representative will make a maximum of three (3) attempts to contact the selected entrant by telephone or email (using the information provided at the time of entry) within three (3) business days of the Draw Date. If the selected entrant cannot be contacted within the maximum three (3) attempts or three (3) business days of the Draw Date (whichever occurs first), or if there is a return of any notification as undeliverable; then the selected entrant will be disqualified (and will forfeit all rights to the Prize) and the Sponsor reserves the right, in its sole and absolute discretion, to randomly select an alternate eligible entrant from among the remaining eligible Entries (in which case the foregoing provisions of this section shall apply to such new selected entrant).
BEFORE BEING DECLARED THE CONFIRMED PRIZE WINNER, the selected entrant will be required to: (a) correctly answer a mathematical skill-testing question without mechanical or other aid; and (b) sign and return within five (5) business days of notification the Sponsor’s declaration and release form, which (among other things): (i) confirms compliance with these Rules; (ii) acknowledges acceptance of the Prize as awarded; (iii) releases the Contest Parties and each of their respective officers, directors, agents, representatives, successors and assigns (collectively, the “Releasees”) from any and all liability in connection with this Contest, his/her participation therein and/or the awarding and use/misuse of the Prize or any portion thereof; and (iv) agrees to the publication, reproduction and/or other use of his/her name, address, voice, statements about the Contest and/or photograph or other likeness without further notice or compensation, in any publicity or advertisement carried out by or on behalf of the Sponsor in any manner whatsoever, including print, broadcast or the internet. If the selected entrant: (a) fails to correctly answer the skill-testing question; (b) fails to return the properly executed Contest documents within the specified time; and/or (c) cannot accept the Prize for any reason; then he/she will be disqualified (and will forfeit all rights to the Prize) and the Sponsor reserves the right, in its sole and absolute discretion, to randomly select an alternate eligible entrant from among the remaining eligible Entries (in which case the foregoing provisions of this section shall apply to such new selected entrant).6. GENERAL CONDITIONS:
All Entries become the property of the Sponsor. This Contest is subject to all applicable federal, provincial and municipal laws. The decisions of the Sponsor with respect to all aspects of this Contest are final and binding on all entrants without right of appeal, including, without limitation, any decisions regarding the eligibility/disqualification of Entries and/or entrants.
The Releasees will not be liable for: (i) any failure of the Website during the Contest; (ii) any technical malfunction or other problems relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; (iii) the failure of any Entry to be received by the Contest Parties for any reason, 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 or downloading any material in the Contest; and/or (v) any combination of the above.
In the event of a dispute regarding who submitted an Entry, Entries will be deemed to have been submitted by the authorized account holder of the email address submitted at the time of entry. “Authorized account holder” is defined as the person who is assigned an email address by an internet provider, online service provider, or other organization (e.g. business, educational institute, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. An entrant may be required to provide proof (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification) that he/she is the authorized account holder of the email address associated with the selected Entry.
The Sponsor reserves the right to withdraw, amend or suspend this Contest (or to amend these Rules) in any way, in the event of an error, technical problem, computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure or any other cause beyond the reasonable control of the Sponsor that interferes with the proper conduct of this Contest as contemplated by these Rules. Any attempt to deliberately damage any website or to undermine the legitimate operation of this Contest in any way (as determined by Sponsor in its sole and absolute discretion) is a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law. The Sponsor, with the consent of the Régie, reserves the right to cancel, amend or suspend this Contest, or to amend these Rules, without prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind, or for any other reason.
The Sponsor reserves the right, in its sole and absolute discretion, and without prior notice, to adjust any of the dates and/or timeframes stipulated in these Rules, to the extent necessary, for purposes of verifying compliance by any entrant or Entry with these Rules, or as a result of technical problems, or in light of any other circumstances which, in the opinion of the Sponsor, in its sole and absolute discretion, affect the proper administration of the Contest as contemplated in these Rules.
In the event of any discrepancy or inconsistency between the terms and conditions of these English Rules and disclosures or other statements contained in any Contest-related materials, including, but not limited to: the Contest entry form, French version of these Rules, and/or point of sale, television, print or online advertising; the terms and conditions of these English Rules shall prevail, govern and control.