1. Acceptance of Terms.
2. Use and Restrictions.
The Sites may be accessed and used only by individuals who can form legally binding contracts under applicable laws, who are 13 years of age or older, and who are not barred from using the Sites under applicable laws.
All trademarks, service marks, trade names, logos and trade dress, whether registered or unregistered (collectively the "Marks") that appear on the Sites are proprietary to mindzai or such Marks' respective owners. You may not display or reproduce the Marks other than with the prior written consent of mindzai, and you may not remove or otherwise modify any trademark notices from any Content. The Marks are protected by trademark, trade dress, copyright, and various other intellectual property rights and unfair competition laws.
In addition, all page headers, custom graphics, button icons, and scripts are trademarks, service marks, trade names and/or trade dress of mindzai or their respective owners, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of mindzai.
The Mindzai, Mindzai eye, Mindzai LOGO Design marks are registered in various jurisdictions around the world.
5. Your Account
In order to purchase products or services through the use of the Sites, you must establish an account with mindzai. You are solely responsible for (i) maintaining the security and confidentiality of your account and your account password; (ii) restricting access to your computer and your account; and (iii) keeping your email address listed on your account current. You are solely responsible and liable for all activities, including, without limitation, all purchases of products and services through the use of the Sites that occur under your account or your account password.
6. Terms of Sale
All product sales from the Sites are governed by any terms of sale that may be posted on the Sites. You should refer to our terms of sale to learn more about applicable product warranties, our return policy, and shipping terms. By ordering and/or accepting delivery of the products, you agree to be bound by these terms of sale. The terms of sale are subject to change without prior notice at any time, in mindzai's sole discretion so you should review the terms of sale each time you make a purchase.
7. Electronic Communications
You consent to receive electronic communications from mindzai either in the form of email sent to you at the email address listed on your account or by communications posted on the Sites. You acknowledge and agree that any electronic communication in the form of such email or posting on the Sites shall satisfy any legal requirement that such communication be in writing.
You further agree that you will not upload, post or otherwise make available on the Sites any material protected by copyright, trademark, patent, trade secret or any other proprietary right without the express permission of the owner of such copyright, trademark, patent, trade secret or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for damage resulting from your account, or any infringement of copyrights, trademarks, patents, or other proprietary rights, or any violations of rights of privacy or publicity, or any other harm resulting from any Submission that you make.
You represent and warrant that: (i) you own all Submissions posted by you on or through the Sites or otherwise have the right to grant the licenses to mindzai set forth in this section, and (ii) your Submission is accurate and not misleading and (iii) the posting of your Submissions on or through the Sites does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity or violate any applicable law, rule, regulation or order. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through the Sites.
When submitting Submissions to or otherwise using the Sites and/or the services, you agree not to, without limitation:
This list of prohibitions provides examples and is not complete or exclusive. mindzai reserves the right in its sole discretion to (a) terminate your access to your account; (b) terminate your ability to post to the Sites (or the services) and (c) refuse, delete, modify, edit or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that mindzai determines is inappropriate or disruptive to this Sites or to any other user of the Sites and/or services. mindzai may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at mindzai's discretion, mindzai will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Sites or on the Internet.
Mindzai takes no responsibility and assumes no liability for any Submissions posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, mindzai is only a forum and is not liable for any statements, representations, or Submissions provided by its users in any public forum or personal home page.
These prohibitions do not require mindzai to monitor, police or remove any Submissions or other information submitted by you or any other user.
If you submit any feedback or ideas about our products and services to the Sites, you hereby assign and agree to assign to mindzai all right, title and interest in and to such feedback.
Any Content offered or posted on the Sites is subject to modification or discontinuation at any time and from time to time without notice or obligation to you. Without limiting the foregoing, mindzai reserves the right, in its sole discretion, to charge fees for the use or purchase of, or access to, any products, services or Content offered through the Sites, at any time and from time to time.
You agree to defend, indemnify and hold harmless mindzai, its affiliates and their respective directors, officers, employees and agents against any losses, liabilities, claims, expenses (including attorney's fees) arising out of your account, your use of the Site, and your Submissions and any Personal Rights contained therein.
12. Links to Third Party Websites
The Sites may contain links to websites and other resources operated by third parties other than mindzai. Such links are provided solely as a convenience to you. mindzai does not control such websites, and is not responsible for the content, products, services or information offered by any third parties. The inclusion of links to such websites on the Sites does not imply any endorsement of any website or the content, products or services offered, advertised, endorsed or promoted by any third party, or of any company or person. If you decide to access any third party websites or acquire any third party products or services, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties.
13. Warranties and Disclaimer
IN ADDITION, THE SITES MAY CONTAIN TYPOGRAPHICAL ERRORS OR INACCURACIES AND MAY NOT BE COMPLETE OR CURRENT. MINDZAI THEREFORE RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS (INCLUDING AFTER AN ORDER HAS BEEN SUBMITTED) AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE. PLEASE NOTE THAT SUCH ERRORS, INACCURACIES OR OMISSIONS MAY RELATE TO PRICING AND AVAILABILITY, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, Mindzai RESERVES THE RIGHT TO CANCEL OR REFUSE TO ACCEPT ANY ORDER PLACED BASED ON INCORRECT PRICING OR AVAILABILITY INFORMATION. WE APOLOGIZE FOR ANY INCONVENIENCE.
14. Limitation of Liability
MINDZAI AND ITS AFFILIATES, SUBSIDIARIES OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND THIRD PARTY PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, MULTIPLIED OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR REVENUES OR FAILURE TO REALIZE EXPECTED SAVINGS, OR ANY DAMAGES WHATSOEVER, WHETHER OR NOT SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY, INCLUDING, WITHOUT LIMITATION, ARISING OUT OF OR IN CONNECTION WITH ANY LOSS OR OTHER DAMAGES IN CONNECTION WITH ANY UNAVAILABILITY OR NONPERFORMANCE OF THE SITE, ERRORS, OMISSIONS, VIRUSES AND MALICIOUS CODE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Certain laws do not allow limitations on implied warranties or conditions, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.
15. Copyright and Trademark Infringements
Mindzai respects the intellectual property rights of others, and we ask you to do the same. Mindzai may, in appropriate circumstances and at our discretion, terminate service and/or access to the Sites for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Sites, please provide mindzai's designated agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. §512 ("DMCA"):
mindzai's agent for notice of claims of copyright or trademark infringement on the Sites can be reached as follows:
info dot mindzai dot com
Please also note that for copyright infringements under Section 512(f) of the U.S. Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
16. Governing Law
17. Contest Disclaimer
The maximum number of entries per person allowed during the contest period is as the contest has specified. Any attempt by a person to submit more than the stated maximum number of entries will be disqualified from participation in this contest. Mindzai is not responsible for lost, late, incomplete, invalid, unintelligible, illegible, misdirected or postage-due entries, which will be disqualified. By participating, all entrants agree to abide by these official contest rules.
In consideration for your participation in the contest, the individual, group, organization, business, spectator, or other, does hereby release and forever discharge Mindzai, and its officers, board and employees, jointly and severally from any and all actions, cause of actions, claim and demands for, upon or by reason of any damage, loss or injury including death, which hereafter may be sustained by participating in the contest.
This release extends and applies to, and also covers and includes, all unknown, unforeseen, unanticipated and unsuspected injuries, damages, loss and liability and the consequences thereof including death, as well as those now disclosed and know to exist. The provision of any state, federal, local or territorial law or state providing substance that releases shall not extend to claims, demands, injuries, or damages which are know or unsuspected to exist at this time, to the person executing such release, are hereby expressly waived.
It is further understood and agreed that said participation in the contest not to be construed as an admission of any liability and acceptance of assumption of responsibility by Mindzai, its officers, board and employees, jointly and severally, for all damages and expenses for which the Mindzai, its officers, board and employees, become liable as a result of any alleged act of the parade participant.
The prize is non-transferable and cannot be exchanged for cash.
Mindzai reserves the right to offer alternative prize if any prize is not available or under special situations.
MINDZAI’S FAN EXPO CONTEST PRESENTED BY VINYL PULSE - OFFICIAL RULES
No purchase necessary to enter or win. Purchase will not increase your chance of winning.
Mindzai Productions Inc. (Mindzai) Giveaway (the “Mindzai Fan Expo Contest” or “Giveaway”) is open only to USA and Canadian residents (prior to July 11. 2012 excluding residents of Quebec who are over the age of majority in their province/territory of residence at the time of entry. Employees, representatives and agents of Mindzai (“Sponsor”), and its parent companies, affiliates and advertising and promotion agencies, as well as the immediate family members (spouse, children, parents and siblings) and those living in the same household of such employees, representatives and agents are not eligible to enter. Void where prohibited by law.
How to Enter
Online: Visit us at www.mindzai.com/fanexpocontest, in person at the Mindzai Fan Expo Booth or on Facebook at https://www.facebook.com/mindzaicreativeshop/app_133365390075434 from any electronic device and enter the required information. Limit one (1) entry per person, per "Draw Period". To be eligible for the drawing during the Giveaway Period, entrant must complete entry before 11:59 PM EST on the last day of the applicable month of entry and must otherwise be eligible to enter. Upon submission of your entry online, you will be automatically entered in Mindzai’s Fan Expo Contest presented by Vinyl Pulse in which your entry is received, subject to the qualification in the preceding sentence.
In the event of a dispute over the identity of a potential winner, the potential winner may be required to provide identification sufficient to show that he/she is the person identified on the entry submission and is otherwise eligible to win.
Mindzai is not responsible for any lost, late, illegible, incomplete, falsified, destroyed, or failed entries, or for any electronic miscommunications or failures of any kind, which may limit an entrant’s ability to participate in this Giveaway. Proof of submitting an entry is not proof of receipt by Sponsor. All entries become the property of the Sponsor and will not be acknowledged or returned. Any and all lost, late, illegible, incomplete, falsified, destroyed, or failed entries will be disqualified. No purchase is necessary to enter or win, and a purchase will not increase the odds of your winning.
One (1) Prize will be available to be won on the draw date set out below ("Draw Date"). At the Draw Date a random drawing from all eligible entries received during the period of time ("Draw Period") corresponding with that Draw Date (see below) will be held. The first entrant whose entry form is drawn on the Draw Date and who otherwise complies with these Contest Rules will be eligible to win a Prize. The chance of being selected will depend on the number of eligible entries received during the Draw Period corresponding to the relevant Draw Date.
One (1) prize pack consisting of one (1) Glossy Black Smorkin Labbit, one (1) Mindzai Original Red T-shirt, one (1) Bear Kid T-shirt, and Three (3) $25 dollar gift vouchers for use exclusively at www.mindzai.com and will be available to be won during the Giveaway Period. The drawing will be conducted at 12:00 PM ET at 30 Clegg Road, Unit 801 on or about the eighteenth (28th) day of August, by appointed judges whose decisions are final and binding in all aspects regarding this drawing. Odds of winning a prize depend on the number of eligible entries received during the contest period.
Prize and Approximate Value
One (1) prize will be awarded for the Giveaway Period. The prize is of One (1) prize pack consisting of one (1) Glossy Black Smorkin Labbit, one (1) Mindzai Original Red T-shirt, one (1) Bear Kid T-shirt, and Three (3) $25 dollar gift vouchers for use exclusively at www.mindzai.com with a combined value of $200 Canadian Dollars. There is a limit of one (1) prize per person during the Giveaway Period.
Automatic Newsletter entry
By participating in the Giveaway, entrants agree to be automatically entered into Mindzai's newsletter email list and Vinyl Pulse email list. entrants are not obligated to remain on each mailing list and can opt out at anytime by unsubscribing to the newsletter as detailed on future newsletter emails or by contacting Mindzai and/or Vinyl Pulse.
Confirmation of Potential Winners
Sponsor will make reasonable efforts to contact potential winners by telephone and/or email within ten (10) business days following the date of the relevant drawing. If the potential winner cannot be contacted within the time specified above, does not complete the necessary eligibility forms (outlined below) within fourteen (14) days of his/her being informed of his/her name being drawn, does not correctly answer the mathematical skill-testing question, is not otherwise an eligible entrant, or does not otherwise comply with the Official Rules, he/she will not win any prize. In this event, the prize will be awarded to an alternate entrant, who will be selected from among the remaining eligible entries. Any alternate winner will have the same rights and obligations as the original winner. To claim a prize, a potential winner must comply with the Official Rules for this Giveaway, as well as the Terms and Conditions relating to the use of the entry kiosks, must correctly answer unaided a time-limited mathematical skill-testing question administered by Sponsor and must fill out and return a Declaration and Release, including a Publicity Release, within fourteen (14) days of his/her being informed of his/her name being drawn as detailed below. Prizes will be delivered to confirmed winners.
By participating in the Giveaway, entrants agree to be bound by these Official Rules and the decisions of the Sponsor and the independent judges, which are final and binding in all respects. No cash or other substitution or transfer of prizes is permitted, except that Sponsor reserves the right, in its sole discretion, to substitute a prize of equal or greater value. Return of any prize notification as non-deliverable or failure to comply with the Official Rules will result in disqualification, and an alternate entrant may be randomly selected in accordance with the Official Rules. All taxes for prizes are the sole responsibility of the individual winners.
By participating, entrants agree: (1) that Sponsor may (unless prohibited by law) use winner's name, city of residence, photograph, image and/or likeness for advertising and other promotional purposes, without further review or compensation, in any media, in perpetuity and worldwide; and (2) to hold Sponsor, its parent, divisions, affiliates, advertising and promotion agencies and other agents, and their respective directors, officers, employees, representatives, agents and assigns harmless against any and all claims, loss, liability, injury or damage to entrant or any other person or entity due in whole or in part, directly or indirectly, by reason of their acceptance, possession or use of a prize or their participation in this Giveaway.
Sponsor is not responsible for incomplete, lost or late entries or faulty transmissions, technical computer hardware or software failures of any kind, lost or interrupted or unavailable network connections, or failed, incomplete, garbled, misrouted, scrambled or delayed computer transmission, or other errors or problems of any kind, whether mechanical, human, electronic or otherwise, which may limit an entrant's ability to participate in this Giveaway. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of this Giveaway or in the announcement of the prizes. Sponsor assumes no responsibility or liability for (a) any incorrect or inaccurate entry information, or for any faulty, failed, garbled or jumbled electronic data transmissions; (b) any unauthorized access to, or theft, destruction or alteration of entries at any point in the operation of this Giveaway; (c) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, computers or providers utilized in any aspect of the operation of this Giveaway; (d) inaccessibility or unavailability of the entry portals on any particular day; or (e) any injury or damage to entrant’s or to any other person's computer which may be related to or resulting from any attempt to obtain further information concerning this Giveaway.
Sponsor reserves the right (1) to disqualify any entrant and void any entries of an entrant who has engaged in unsportsmanlike conduct, fraud or other misconduct relative to this Giveaway or otherwise attempted to tamper with or impair this Giveaway; and/or (2) to cancel, modify, suspend or terminate this Giveaway, for any reason, including if, in Sponsor's sole opinion, technical failures, applicable laws or regulations, virus, bugs, unauthorized human intervention or other cause beyond Sponsor's control destroys the integrity of this Giveaway or otherwise corrupts or impairs the administration, security, legality, fairness or proper play of this Giveaway or any part thereof.
Sponsor also reserves the right at its sole discretion to disqualify any individual found to be tampering with the entry process or the operation of this Giveaway, or to be acting in any manner Sponsor deems to be in violation of the Official Rules or disruptive, or with intent to annoy, abuse, threaten or harass any other person. If, for any reason, this Giveaway is not capable of running as planned for reasons which may include, without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, violation of applicable law or regulation or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Giveaway, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend this Giveaway in whole or in part.
CAUTION: ANY ATTEMPT BY A USER OR ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THIS GIVEAWAY IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
In the event of a dispute regarding who submitted an entry, the entry will be deemed to have been submitted by the authorized account holder of the email address submitted on the entry form at the time of entry. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet service provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted email address.
For residents of Quebec, any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. For residents of Quebec, any litigation respecting the awarding of a prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.
The Giveaway is subject to all federal, provincial and municipal laws. The Giveaway and the Official Rules will be exclusively governed and construed in accordance with the laws of the province of Ontario. Any dispute arising hereunder shall be governed by the laws of Ontario and shall be adjudicated in the applicable court in Toronto, Ontario.
A copy of the Official Rules will be available at entry areas located on www.mindzai.com during the Giveaway Period and online at http://www.mindzai.com/pages/terms-of-use
For a list of winners (identified by name and city/province of residence), send a separate self-addressed envelope, on or after February 10, 2013, to: Mindzai Productions, Inc., Attn: Mindzai's Fan Expo Contest presented by Vinyl Pulse, 30 Clegg Road, Unit 801, Markham, ON, L6G0B4. All such requests must be received on or before June 30, 2013; requests received after such date will not be processed.
August 28, 2012
(entries received during this period will be eligible
for the Draw Date)
August 22 - August 26, 2012