Privacy Policy

ICS CREATIVE AGENCY
THANKS TO YOU CONTEST
RULES AND REGULATIONS

The following official rules and regulations (the “Rules and Regulations”) apply to the “Thanks to You” Contest (the “Contest”) operated by ICS Informative Computer Solutions Inc., doing business as ICS Creative Agency (“ICS”).

These Rules and Regulations constitute a binding agreement between each Participating Organization and ICS. Please read them carefully.

OBJECT
The Contest is a promotional contest that provides an opportunity for Participating Organizations to win one or more Prizes by providing testimonial narrative and video recordings about the Organization. The Contest is being operated by ICS to provide thanks and gratitude to the Greater Saint John community for supporting ICS’s business activity.

ICS is Atlantic Canada’s top creative marketing agency. Located in the Saint John, New Brunswick, ICS provides services to clients in Saint John, New Brunswick, and around the globe. Its services range from web design, graphic design, video production, creative briefing, branding, photography, e-commerce solutions, social media marketing, content creation, search engine optimization (SEO) and Adwords management.

DEFINITIONS

Committee – the committee appointed by ICS to judge Entries.

Entry – a submission created by a Participating Organization for the Contest that is submitted through the ICA website, and where applicable includes a Participating Organization’s Video.

Finalist – a Participating Organization whose Entry is selected as a finalist by the Committee.

Participating Organization – a non-profit organization operating in the Greater Saint John Region that has submitted an Entry to the Contest.

Representatives – the duly authorized representatives of a Participating Organization having authority to enter into a binding agreement on behalf of the Participating Organization.

Prizes – any one or more prizes to be awarded to Participating Organizations in connection with the Contest, as outlined in Section 3 i) of the Rules and Regulations.

Video – a video production of a Finalist recorded by ICS in accordance with these Rules and Regulations.

Winner – a Participating Organization whose Entry is selected as a winner in accordance with these Rules and Regulations.

CONTEST PARTICIPATION AND ENTRY RULES

The Contest will run from August 15th, 2019 at 9AM until October, 9th 2019 at 12AM] (the “Contest Period”), unless otherwise specified by ICS.

Registration will open on August 15th, 2019 at 9AM. Registration will end on September 13, 2019 at 5PM] or earlier if determined by ICS in its sole discretion. Registration will be on a first come first serve basis. To enter, a Participating Organization must submit an Entry by completing the registration form on the Contest website.

All times specified herein are Atlantic time.

There is no fee to submit an Entry.

Participating Organizations

A Participating Organization must be a non-profit organization that operates in the Greater Saint John Region.

In the event of any dispute or uncertainty regarding whether an organization submitting an Entry is a non-profit organization, ICS shall determine whether the organization is a non-profit organization.

In the event of any dispute or uncertainty regarding whether an organization operates in the Greater Saint John Region, ICS shall determine whether the organization operates in the Greater Saint John Region.

Any determination of ICS under Section 3 e) ii) or Section 3 e) iii) of the Rules and Regulations shall be in the sole discretion of ICS, and there shall be no any appeal from any such determination.
Entries

A Participating Organization may only submit one Entry to the Contest, which must be in English.

Entries must be suitable for presentation in a public forum.

Entries must comply with all applicable laws and must not include information or content that is false, fraudulent, deceptive, misleading, defamatory, threatening, slanderous, libelous, disparaging, unlawfully harassing, profane, obscene, pornographic, hateful, indecent, inappropriate or injurious to any individual, ICS, or any third party.

Entries must not infringe, misappropriate, or violate any rights of any third party including, without limitation, copyright, including moral rights, trademark, trade secret, or right of privacy or publicity.

Entries must not include any malware, spyware, viruses or similar harmful code or content.

Entries will not be accepted on a confidential or restricted basis.

Except as set out herein, Participating Organizations are responsible for any and all of their costs or expenses incurred to participate in the Contest. All Participating Organizations will be responsible for their own transportation in connection with the Contest.

ICS reserves the right, in its sole and absolute discretion, to disqualify any Entry or Participating Organization that it or finds to be:
violating these Rules and Regulations; if selected as a Finalist, failing to record a Finalist video on the date, at the time or in the location determined by ICS in its sole discretion;
referring, depicting, or in any way reflecting negatively upon ICS or ICS’s trademarks or other intellectual property; tampering or attempting to tamper with the Entry process, the operation of the Contest, or the Contest website; acting in an unsportsmanlike or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person; or attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unfair practices or intending to annoy, abuse, threaten or harass any other entrants or ICS representatives.

Finalists and Judging

Notwithstanding anything contained herein to the contrary, ICS retains the sole and absolute discretion to make all decisions related to the administration of the Contest, including cancelling the Contest.

ICS will appoint the members of the Committee. The composition, membership and qualifications of the Committee and its members is within the sole discretion of ICS.

The Committee will select up to ten Entries of Participating Organizations as Finalists, based on criteria developed by ICS.

ICS will make available video recording facilities to enable each Finalist to record a Video to describe the Finalist and its activities and why it ought to be selected as a Winner. Each Video must be between 30 and 60 seconds in duration. The date, time and location of the filming of a Finalist’s Video will be in the sole discretion of ICS and a Finalist that fails to present itself to record its Video may be disqualified.

ICS will make available facilities on its website and social media channels from  September 16th 2019 at 9AM until October 9th, 2019 at 5PM] (the “Voting Period”) to enable the public to vote on the Finalist Videos. The facilities on which votes will be accepted and the voting criterion are in the sole discretion of ICS and may be changed at any time and from time to time during the Voting Period. ICS reserves the right in its sole discretion to vary the start and end dates, the start and end times and the duration of the Voting Period.

ICS will select the Winners of the Contest. ICS reserves the right to select Winners that did not receive the most votes during the Voting Period, to select only one Winner or more than one Winner, and not to select any Winner. ICS also reserves the right to select a Participating Organization that was not a Finalist as a Winner. ICS may elect, in its sole discretion, not to award any prize to any

Participating Organization.

The odds of a Participating Organization’s Entry being selected as a Finalist, being selected as a Winner and being awarded a Prize will depend on the number and quality of Entries received and, if ICS determines in its sole discretion, the number of votes received by a Finalist’s Entry. If a Participating Organization’s Entry is not selected as a Finalist or a Winner, or if a Participating Organization is not awarded a Prize, the Participating Organization will have no recourse, regardless of whether its Entry is similar in content or likeness to any Finalist’s entry or any Winner’s Entry.

There are various Prizes to be won, all of which are made available in the sole discretion of ICS. Details of all prizes are as follows:
Custom Built Website – approximate retail value $15,000.00;
30 Second Video Explainer/Commercial – approximate retail value $7,500.00;
Graphic Design for a year (2 hours per month) – approximate retail value $3,600.00;
Customer Relationship Management Set Up – approximate retail value $2,500.00;
Half Day Photograph Shoot + Edits – approximate retail value $1,800.00;
On-Page Search Engine Optimization and Research – approximate retail value $2,500.00;
Social Media Strategy – approximate retail value $2,500.00;
Social Media Seminar – Half Day – approximate retail value $1,500.00;
Logo Design – approximate retail value $1,000.00; and
Install Live Bot/Chat – approximate retail value $500.00.

All prizes are subject to change in ICS’s sole discretion.

Each Entry shall specify the Participating Organization’s first, second and third preferred Prize. Prizes will be awarded to the Winner(s) and may also be awarded to other Participating Organizations as chosen by ICS in its sole discretion, and may be awarded to any Participating Organization notwithstanding the selection by it of any particular Prize as its first, second or third preferred Prize.

ICS may feature the Winner(s) in any of its internal and external communication channels.

Participating in the Contest does not form a relationship between ICS and the Participating Organization and ICS is under no obligation to contract with the winning Participating Organization or any other Participating Organization.

PRIVACY

Each Participating Organization acknowledges that its information submitted with an Entry, including without limitation any photographs, names, mailing addresses, phone numbers, and email addresses, may be collected, processed, stored and otherwise used by ICS for the purposes of the Contest and is subject to ICS’s privacy policy located at https://icscreativeagency.com/privacy-policy/.


INTELLECTUAL PROPERTY RIGHTS IN ENTRIES AND ICS’S RIGHT OF FIRST REFUSAL
Participating Organization’s Intellectual Property Rights

Participating Organizations will own their Entries and all copyright, patents, or other intellectual property rights therein unless or until such rights are assigned or licensed, including as provided herein.

By entering the Contest, each Participating Organization grants ICS the irrevocable, sublicensable, free of charge, absolute right and permission to use, publish, post or display its name, its Entry, the photographs, the likeness and voices it submits or permits to be incorporated into or recorded in its Entry, prize information, biographical information, any quotes attributable to its Representatives or its employees, directors, officers, agents or other representatives, and any other indicia of persona (regardless of whether altered, changed, modified, edited, used alone, or used with other material), for advertising, trade, promotional and publicity purposes without further obligation or compensation of any kind, anywhere, in any medium now known or hereafter discovered or devised (including, without limitation, on the Internet), world-wide, without any limitation of time and without notice, review or approval and each Participating Organization releases ICS from any and all liability related to such authorized uses.

Prior to being permitted to produce a Video, a Participating Organization must provide an authorization, waiver and disclaimer and any other agreement required by ICS from each individual whose likeness or voice will be featured in the Participating Organization’s Video in a form determined by ICS in its sole discretion.

Nothing contained in these Rules and Regulations obligates ICS to make use of any of the rights granted herein and each Participating Organization waives any right to inspect or approve any such use.

ICS’s Intellectual Property Rights

Each Participating Organization acknowledges that ICS owns or is licensed to use all right, title and interest, including all copyrights and other proprietary rights, such as the software, source code and object code, all patents, patent rights, inventions, discoveries, concepts and ideas, whether patentable or not, and all business methods, trade secrets, confidential information and enhancements developed at any time by ICS, and all software used to operate, the Contest.

Except as specifically provided by these Rules and Regulations, no Participating Organization has any right to produce, reproduce, use, modify, publish, exhibit, download, upload, post or distribute any content relating to the Contest.

The Participating Organization acknowledges that ICS is the owner or licensee of certain trademarks (collectively, “ICS’s trademarks”) and that the Participating Organization shall not acquire any rights to any of the ICS’s trademarks.

Participating Organizations may, and are encouraged to, post on social media with respect to the Contest, provided that such posts do not violate any of the terms of these Rules and Regulations.

INDEPENDENT CREATION

Participating Organizations agree that ICS’s independent development, preparation, production, acquisition, dissemination and/or exploitation of any application, software, utility, feature tool, or graphic, including where based on the same or similar idea to an Entry, shall not entitle any Participating Organization to assert a claim or right, or to seek any compensation or other remedy.
ICS is always coming up with and working on new ideas, and has software, websites, products and projects in various stages of development. Participating Organizations acknowledge that ICS, or one of its consultants, may already be working on or have developed the same or similar content as content submitted in connection with an Entry. A similar idea may be later developed by or for

ICS, have been or will be suggested by another Participating Organization, or may already be in public use.

ICS is under no obligation to keep, acknowledge, or return any related materials Participating Organizations provide in relation to the Contest.

DISCLAIMER, LIMITATION OF LIABILITY & NO INDEMNITY BY ICS

The licenses granted hereunder by ICS are on a strictly “as is” basis in all respects. Access to the Contest is solely at the risk of the Participating Organization, including without limitation the risk that the Contest and any information published by ICS in connection with it is inaccurate or incomplete, or that such content and the transmission thereof may be corrupted or contain viruses, bugs or other defects.

ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THE CONTEST OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS. SHOULD ANY SUCH ATTEMPT BE MADE, ICS RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW AND TO BAN OR DISQUALIFY A PARTICIPATING ORGANIZATION AND ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS OR OTHER REPRESENTATIVES FROM THIS AND FUTURE CONTESTS.

ICS MAKES NO WARRANTIES, CONDITIONS OR REPRESENTATIONS, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, OWNERSHIP, ACCURACY, COMPLETENESS, QUIET ENJOYMENT, OR FITNESS FOR A PARTICULAR PURPOSE, AND ICS DISCLAIMS ANY RESPONSIBILITY REGARDING THE OPERATION OF ICS AND THE ACCURACY OF ANY AND ALL CONTENT, OR THEIR SUITABILITY FOR THE PURPOSES OF ANY PARTICIPATING ORGANIZATION.

To the extent permitted by law, in no event shall ICS and its affiliates (including, without limitation, any related or subsidiary companies), advertising and promotional agencies, suppliers of materials or services, and all of their respective shareholders, directors, officers, employees and agents (collectively, the “Releasees”) be liable for any indirect, special, incidental, consequential or punitive damages, including but not limited to those for business interruption or loss of profits, even if the Releasees have been notified of the possibility of such damage.

The Releasees do not assume any responsibility for, and by entering, Participating Organizations release the Releasees from, any and all claims, actions, damages, demands and liabilities of whatever nature or kind arising out of, or in connection with participation or attempted participation in the Contest, including, without limitation the administration of the Contest, the Entry, the commercialization of an Entry, the selection of Finalists and Winner and the awarding of Prizes.

Without limiting the generality of the forgoing, the Releasees are not responsible for: the incorrect or inaccurate capture of an Entry, or any component thereof;
late, lost, stolen, illegible, damaged, misdirected, mutilated, garbled or incomplete Entries, that are altered or otherwise irregular, have been submitted through illicit means or do not conform with or satisfy any or all of the conditions of these Rules and Regulations; any loss, damage, or claims caused by the Contest itself; any problems arising with the Contest and any place where Videos are recorded, any failure of any website connected to the Contest, including, without limitation, any problems, human or technical, printing errors, lost, delayed, garbled data or transmissions, omissions, interruptions, deletions, defects or failures of any electrical outlets, telephone or computer lines, technical malfunctions of any computer online systems, servers, access providers, computer equipment, software, failure of any Entry to be received on account of technical or other problems, or any combination thereof including, without limitation, any injury or damage to an individual’s or any other person’s computer related to or resulting from participating in or downloading any material connected to the Contest, all of which may affect a person’s ability to participate in the Contest; any errors, omissions, incorrect or inaccurate information in any Contest-related materials, including, without limitation, printing or advertising errors or failure of, or problems with any equipment or programming associated with or used in the Contest howsoever caused; the security or privacy of information transmitted via computer networks or for breaches of privacy due to interference by third party computer “hackers” or otherwise; any claims regarding the accepting, arranging, awarding, and declaration of the winner; or
any claims in any way related to the publication of an Entry, including without limitation any loss of rights associated therewith or Entries or Entry material/data that has been tampered with or altered is void.

Participating Organizations shall not at any time assert any claim that the Releasees have unlawfully or improperly used any of the Participating Organization’s ideas, and hereby release Releasees from any and all liability in connection therewith.

ICS’s maximum liability arising from any and all claims in connection with the Contest shall not exceed $25.

Participating Organizations shall indemnify and hold ICS harmless from any claims, demands, damages, liabilities and costs (including legal fees) asserted by any third party relating in any way to breach of the foregoing.

GENERAL

These Rules and Regulations contain the entire agreement between ICS and the Participating Organization with respect to the subject matter hereof and supersedes all prior agreements, negotiations, representations and proposals, written or oral, relating to the subject matter hereof.

The Contest is void where prohibited by law and is subject to all applicable federal, provincial and municipal laws and regulations. ICS reserves the right to cancel, amend or suspend the Contest, or to amend these Rules and Regulations, at any time, for any reason, and without prior notice or obligation. Updated or amended versions will be posted on the ICS website. Participating Organizations are responsible for checking the ICS website regularly for any updates to these rules. In the event of any discrepancy or inconsistency between these rules and disclosures or other statements contained in any Contest-related materials, the terms and conditions of these rules posted on the ICS website shall prevail, govern and control.

If any of the provisions of these Rules and Regulations are held invalid or unenforceable, such a finding will not affect the validity of any other provisions of these Rules and Regulations.
In the interpretation of this contract or any part of it, no rule of construction shall apply to the disadvantage of any party on the basis that that party: prepared this contract or any part of it; or seeks to rely on this contract or any part of it.

In the event that any signature is delivered by facsimile transmission or by scanning and sending by electronic mail (“e-mail” in a “pdf” data file format or other similar scanned file format) said e-mail delivery of such signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such facsimile or scanned e-mail signature page were an original thereof.

These rules shall be governed by and construed in accordance with the laws of the Province of New Brunswick and the federal laws of Canada applicable therein. The parties hereby attorn to the exclusive jurisdiction of the Courts of the Province of New Brunswick to adjudicate any and all disputes regarding the validity, interpretation and/or enforcement of these Rules and Regulations.

The parties have agreed that these Rules and Regulations and all documents related hereto be drafted in English. Les parties ont requis que la présente convention soit redigée en anglais.

ACCEPTANCE


By typing his or her name in the Participating Organization name box below, clicking the “Register” button below and submitting an application to register as a Participating Organization in the Contest, each individual so typing, clicking and submitting the application agrees, on behalf of his or her Participating Organization, that he or she has read and understands these Rules and Regulations and the rules established hereunder, that he or she has the authority to enter into these Rules and Regulations on behalf of the Participating Organization and agrees, on behalf of his or her Participating Organization, to be bound and abide by these Rules and Regulations.

If an organization submitting the application does not agree with the terms of these Rules and Regulations or the rules hereunder, its Representatives must not register the organization as a Participating Organization and must cease all further activities in connection with the Contest.

Clicking on “terms & conditions” on the checkbox line opens a page called “Privacy Policy” – both in the URL/filename, webpage name and in the first line/header of the page.  This should be changed in all instances to “Rules and Regulations”.  The ICS website already has a privacy policy which is itself referenced in the rules.