Last updated September 4, 2015
Owned and operated Consumer Smart Media Inc.
ACCEPTANCE OF TERMS OS USE
The Site provides an online service operated by Consumer Smart Media Inc. The Site constitutes information services, content, and transaction capabilities facilitated by Royal Draw and/or its affiliates or merchants who are offering draws through the Royal Draw website (referred to as "Merchants"), which promote randomized draws (referred to as "Draws"), which may be exchanged for specified prizes at specified Merchants.
You must be at least 18 years old to use this Site. If you are not 18, but are at least 13 years old, you may only use this Site under the supervision of a parent or guardian.
The decision to use this Site is solely the decision and responsibility of the User, and use of this Site is subject to the terms and conditions set forth is this Agreement. The User acknowledges that during use of the Site there may be interruptions in service or events may occur that are beyond the control of Royal Draw. Royal Draw is not responsible for any data lost when transmitting information over the Internet. This Site is designed for constant and continued accessibility, and is operational 24 hours a day, 7 days a week, however, the Site may become unavailable at any time for any reason including, without limitation, routine maintenance conducted by Royal Draw. The User acknowledges that Site access may be interrupted, delayed, or terminated, for reasons both in and out of Royal Draw’s control.
At any time, Royal Draw reserves the right to modify or terminate any feature of the Site, including, but not limited to, content, design, contact information, categories, transmission method and speed, or any other content, design and operational characteristics.
This Agreement, as well as any internal operating rules, policies, and procedure established by Royal Draw, constitutes the entire agreement of all parties connected to the subject matter herein.
No waiver by any party of any breach or default contained in the entire Agreement is a waiver of any and all preceding or subsequent breaches or defaults. The failure of any party subject to this Agreement to exercise any of its rights set forth hereunder shall not constitute a continuing and lasting waiver or forfeiture of said rights or any other rights subject to this Agreement.
Headings are used in this Agreement for the sole purpose of convenience and have shall be of no legal consequence. If any term or provision of this Agreement is voided by a court of competent jurisdiction, this voiding shall not affect the applicability and validity of any other term or provision contained in this Agreement, and all other terms and provisions of this Agreement will continue to their full enforceable effects.
- Account termination.
Royal Draw reserves the right to terminate or suspend, effective immediately, any passwords or accounts of any User should the User’s conduct be deemed unacceptable by Royal Draw, in its sole discretion, or should a User breach this Agreement, whether in part or in whole. Royal Draw will also terminate and delete any User account that has been inactive for six consecutive months. The terms laid out in Sections 2, 4, 5, 6, 7, 8, 10 and 14 will continue to remain in effect after termination of a User's account.
- Equipment and equipment use.
User is responsible for acquiring and maintaining all telephone and computer hardware, and all other equipment needed to access and use this Site. User is also responsible for all charges applicable to the use of equipment needed to access and use this Site, including, but not limited to, internet service charges and telephone service charges. Royal Draw is not liable for any damage to the User’s equipment that occurs during use of this Site.
- User conduct.
The terms of this User conduct section (Section 5) apply equally to Users and Royal Draw, its subsidiaries, affiliates, Merchants and its third-party content providers and licensors. All of the above parties have the right to insist on these terms, and to enforce the terms either directly or on behalf of Royal Draw.
User interplay, and any and all activity in connection with the use of this Site and the Microsites, must be strictly lawful. Any illegal or unlawful use of this Site is prohibited. User shall not share, post, or disseminate in any way any material or information that violates or infringes upon the rights of others, or any material that is unlawful, invasive of privacy or publicity rights, defamatory, abusive, threatening, racist, sexist, obscene, profane, or any material that encourages criminal or unlawful conduct, gives rise to civil liability, violates any law, or that, without Royal Draw's express prior written approval, constitutes or contains advertising for or solicitation of products or services.
Use of this Site and/or any of the Microsites to advertise or perform any commercial, personal, religious or political solicitation, including, but not limited to, the solicitation of users of this Site and/or the Microsites to become users of other online or offline services that are directly, indirectly, or potentially competitive with Royal Draw is strictly prohibited.
Through use of the Site, users may earn Royal Points ("points") from our Royal Points rewards program. Points may be earned for subscribing, entering Draws, downloading coupons, referrals, reading emails, liking us on Facebook, following us on Twitter, voting in the Draw Picker, taking surveys, completing Offers, and reading the daily email as HTML with downloaded pictures. These points are accumulated in the User's account, and can be redeemed for additional draw entries in active draws, or for prizes from our Points Store to be shipped to an address within Canada or the United States (50 states and Washington DC only). You do not need to set a password for your account to earn points for subscribing, entering Draws, downloading coupons or referring others, however, you do need to set a password for your account to earn points for voting in the Draw Picker, taking surveys and completing Offers. Should a User's account be deleted from our database for any reason, all points associated with that account will also be deleted.
- Draw terms.
All Draws are being hosted by Royal Draw. Some draws are paid promotional campaigns for the brand shown, and some are sponsored by Royal Draw. By entering a Draw, the User agrees to accept the prize being offered if they are selected as the winner in accordance with the terms and conditions laid out below.
Any Draw entered on the Royal Draw website is for the prize shown on the Draw page only, and the winner is determined by Royal Draw's server computer, and only Royal Draw's server computer. Where Royal Draw is the sponsor of the prize, Royal Draw is also the distributor of the prize. The provision of the prize for a paid promotional campaign, whether a product, service, gift certificate, store credit, or another prize, is the sole responsibility of the sponsoring Merchant.
All Draws are subject to the terms and conditions set forth by Royal Draw in the Draw Rules and Regulations and/or the participating Merchant(s). Where the sponsor and issuer of a prize is the Merchant, any and all claims and information exchanged relating to the prize issuance are the full and sole liability and responsibility of the Merchant, and not of Royal Draw.
To claim a prize, winners must respond to the winner's email within 48 hours or they will be forfeited. Winners will be asked to provide their full name, mailing address, phone number, and their picture for the Winners Wall. When a Draw is featured to just Canada, only entrants residing in Canada may win and be eligible for the prize (excludes residents of Quebec when the draw prize value is over $100), and when a Draw is featured to just the United States, only entrants residing in the United States (50 states and Washington DC only) may win and be eligible for the prize. When a Draw is featured to both Canada and the United States, anyone from either country except for the exclusions noted may enter and win, and are eligible for the prize. All winners must supply a valid mailing address for the country to which the draw was featured.
In using this Site you waive, and hold Consumer Smart Media Inc., its employees, directors, agents, and affiliates completely unaccountable for any and all claims, injuries, illnesses, deaths, damages, loss of property, costs, or unclaimed property disputes resulting from prizes, and/or any all other liabilities related to any and all actions or inactions of any Merchant in connection with honouring a prize claim of a Royal Draw winner.
All prize claims are redeemable in their entirety subject to the goods and/or services offered in the Draw by the respective and specific sponsor(s).
Where the sponsor and issuer of a prize is the Merchant, the Merchant may allow you to claim a different prize or to exchange a prize for the cash value of the prize, however, they are under no obligation to do so, and Royal Draw is not responsible for overseeing or facilitating any such negotiations.
- Prize claim terms.
All prizes are limited to the product, service or other prize specified on the Draw page, and cannot be exchanged for the prize of an unrelated Draw, unless otherwise stated or arranged between the winner and Royal Draw.
Neither Royal Draw nor a sponsoring Merchant is responsible for lost or deleted prize-claim emails, if applicable to claiming a prize, or for the loss or theft of prizes once awarded.
Reproduction, re-sale, or trade of a winning entry claim is prohibited unless it complies to all applicable laws.
Unless required by law the issuance of credit instead of a prize is at the sole discretion of the sponsoring Merchant.
Any attempt at claiming a prize not in compliance with these terms and conditions will render void the winning claim.
- Printable coupons, coupon codes, and store promotions.
The Royal Draw Site features printable coupons, coupon codes, and online or in-store promotional announcements on the Royal Coupon site obtained from public online sources. We make every effort to provide and feature only accurate offers, however, as a publisher site we have no control over the brand offers, including premature expiration, accepted format (printable, accepted on mobile device, etc.), or whether or not the merchant will accept the coupon. It is recommended that you print coupons in colour to improve your chances of redemption, as some merchants only accept internet coupons printed in colour. To find out whether or not a merchant accepts internet coupons in black and white, please contact the merchant directly.
Fraudulent User account activity on this site will be flagged. Users may not redeem points earned by fraudulent means for prizes from our Points Store, and may be disqualified from winning our draws if they redeemed points or Earned Entries earned by fraudulent means for additional entries in the draw won. Fraudulent account activity includes, but is not limited to, creating multiple User accounts to enter and win draws, and referring our site to other email addresses under the User's own ownership and control. Royal Draw reserves the right to restrict or terminate any User account we determine in our sole discretion to be fraudulent, and reserves the right to void any and all prize claims of any kind from fraudulent Users.
- Copyrighted, trademarked, or other proprietary material.
The terms of this Copyrighted, trademarked, or other proprietary material section (Section 6) apply equally to Users and Royal Draw, its subsidiaries, affiliates, Merchants and its third-party content providers and licensors. All of the above parties have the right to insist on these terms, and to enforce the terms either directly or on behalf of Royal Draw.
This Site and all its contents, including the Microsites, is the exclusive property of Consumer Smart Media Inc., or is being used with the express permission of the legal copyright and/or trademark owner. COPYING, MODIFYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, OR DEEP LINKING ANY ASPECT OF THIS SITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF Consumer Smart Media Inc. IS STRICTLY PROHIBITED. Any violation of the terms of this policy may constitute a copyright, trademark, or other intellectual property rights infringement that could result in criminal penalties for the violating User.
This Site and the Microsites contain copyrighted, trademarked, or other proprietary material, including, but not limited to, all content, text, photos, video, music, sounds, graphics, and software that are conjointly and entirely protected under Canadian copyright laws. Consumer Smart Media Inc. owns a copyright in the content original to the Site, and in the selection, coordination, arrangement and enhancement of all content. Under no circumstances may a User copy, modify, publish, transfer, transmit, sell, create simulated content, or exploit in any way any part of the content contained in the Site or the Microsites. Trademarks used within or on the Site or the Microsites are not in the public domain, and are the exclusive property of Consumer Smart Media Inc. or the trademark owner who has given Consumer Smart Media Inc. express permission for its use. Such trademarks are for the exclusive use of Consumer Smart Media Inc., unless otherwise stated.
Users may print, download, and/or save copyrighted material contained in the Site or the Microsites for their own personal use only. User is not granted any proprietary rights by downloading copyrighted material. Unless expressly stated under copyright law, or unless express permission is granted by Royal Draw or the copyright or trademark owner, downloaded and/or printed material cannot be copied, published, redistributed, or retransmitted. If permission is granted to copy, publish, redistribute, or retransmit copyrighted material, no changes or deletion of trademark, copyright notice, or authorship notice may be made.
Royal Draw is not responsible for providing the User with any proof, indication, or any otherwise telling mark that would aid the determination of copyrighted or trademarked material. User is exclusively and absolutely liable for any infringement of copyrights, trademarks, or proprietary rights, or any consequential action or damage. User also permits any other user to access, view, store, or reproduce the material for that User's personal use. User hereby grants Royal Draw the right to edit, copy, publish, and distribute any material made available on this Site or any Microsite by any User.
Posting, uploading, or otherwise making available on this Site by the User any material protected by copyright, trademark or other proprietary right or law without the express permission of the owner is absolutely prohibited. Posting, uploading, or otherwise making available any material on any public part of this Site by the User is akin to expressly granting Royal Draw the permanent, irreversible, universal, and royalty-free right and license to use, publish, modify, copy, reproduce, translate, and distribute any and all parts of that material, and/or integrate any and all parts with any other works on the Site in any form.
Royal Draw is a trademark of Consumer Smart Media Inc. All rights respective to this trademark are hereby expressly reserved for the exclusive use of Consumer Smart Media Inc. and parties who are authorized to use the trademark and its respective rights by Consumer Smart Media Inc. Unless otherwise stated, all other trademarks appearing on the Royal Draw Site are the reserved property of their respective owners.
Royal Draw features a combination of paid promotional campaigns, house-sponsored draws, and internet-distributed printable coupons. For all draws the gift card images, trade names, and logos used are registered trademarks of the respective brands. For all printable coupons the coupon image, trade name, and brand logos are registered trademarks of the respective brand. Royal Draw is not affiliated with the brands featured in house-sponsored draws, and is only affiliated with the brands of paid campaigns for the purposes of administrating contests and/or coupons for the brand on our website for the duration of the campaign.
- Copyright policy.
Royal Draw has the right to terminate its agreement with any User who repeatedly infringes on the rights of third-party copyright owners who notify Royal Draw of such an infringement.
If you are a copyright owner and believe your work, whether in part or in whole, has been used or posted on this Site, or that your work, whether in part or in whole, has been copied to the Site, without your permission and in a way that violates copyright rights and laws, you should contact Royal Draw to notify us of this occurrence. When notifying Royal Draw of a possible copyright infringement, you must present the following information:
(a) a signature, electronic or by hand, of the copyright owner or the person authorized to act on behalf of the copyright owner;
(b) an explicit location on the Site or Microsite of the work claimed to have been infringed;
(c) a complete description of the work, whether in part or in whole, claimed to have been infringed;
(d) a written statement by you that the work in question, whether in part or in whole, has not been authorized for use in the way the allegedly infringed work has been used;
(d) your name and contact information, including telephone number and e-mail address; and
(e) a statement by you that all information constituting your claim is accurate, and that you are the copyright owner or are authorized by the copyright owner to act on their behalf.
Forward all above information as notice of your copyright infringement claim to Royal Draw's Copyright Agent as follows:
Consumer Smart Media Inc.
Attn: Copyright Agent
300 Supertest Rd., Unit 4,
Toronto, ON, M3J 2M2
- Warranty disclaimer.
User acknowledges and agrees that use of this Site and the Microsites is conducted at the User’s own risk. Royal Draw, its affiliates, and their respective employees, Merchants, agents, and third-party content providers and licensors, as well as their respective employees, directors, officers, or agents, do not guarantee that use of the Site or any Microsite will be uninterrupted or errorless. The above-mentioned parties also do not make any warranty on (i) the possible results or consequences of using this Site or any Microsite, or (ii) the accuracy and/or reliability of any content, information, service, or Voucher transmitted via this Site or the Microsites.
This Site and the Microsites are available to the User "as-is" and are subject to the availability outlined in this Agreement. Royal Draw renounces any and all expressed or implicit representations, warranties, and guarantees, including, but not limited to, those of guaranteed merchantability, appropriateness for a specific purpose, and title non-infringement.
- Privacy and license grants.
User acknowledges that all comment boards, notice boards, and/or other messages or communication facilities (collectively "Communications") are in the public realm, and are in no way considered private. As such, others may read a User's Communications without their knowledge. Royal Draw has limited control over the content made available by a User of through these Communications, and we do not endorse any of the content, messages or information found in the Communications, therefore, Royal Draw accepts no liability concerning Communications content and/or any consequence of a Users' interplay with any of these Communications, including any offense taken or caused to another User. Any communication posted to Royal Draw by the User in any of these Communications is not treated as classified or confidential.
In posting Communications on or through this Site or any Microsite, User grants Royal Draw the limitless, permanent, irreversible, universal, and royalty-free right and license to use, publish, modify, copy, reproduce, translate, and distribute any and all parts of that material, and/or integrate any and all parts with any other works on the Site in any form.
- Monitoring content.
Royal Draw reserves the right to monitor the content of all parts of the Site and Microsites at all times, in order to certify that Users and Merchants are adhering to the terms and conditions of this Agreement and any other rules established by Royal Draw, and to certify that all Users are complying with the applicable laws and regulations. Royal Draw is under no obligation to remove or delete any material that We determine is in violation of the terms of this Agreement or is otherwise objectionable, however, We reserve the right to do so at our discretion.
- Indemnification and release of liability.
User agrees to indemnify and hold unaccountable Royal Draw, any of their directors, employees, and affiliates against any claims, investigations, lawsuits, penalties, losses, damages, and applicable expenses (such as lawyer fees) resulting from or related to any Draws or prizes Draws or prizes entered or won through Royal Draw.
Royal Draw is in no way responsible for the User’s interactions with Merchants and other Users of the Site or Microsites. All such interactions are the sole responsibility of the User. Royal Draw is also in no way responsible for the actions and behaviour of any and all Merchants. Under the extent and terms of all applicable laws, the User agrees not to hold Royal Draw liable for any claims related to any Merchant's product or service, any Merchant's action or in-action including, but not limited to, any Merchant's unlawful conduct and/or any Merchant's failure to honour a Draw prize in part or in whole. Royal Draw is also not responsible or liable for the conduct, whether online or offline, of any other User.
- Liability limitations.
Royal Draw is not liable for any indirect, irregular, inadvertent, consequential, or punitive fines or restitutions arising from or related to this Agreement. Royal Draw’s accepted liability in connection with a Draw will not exceed the amount paid by the User for entry, if any, or the cost total paid by the user in connection with claiming a prize, if any. Royal Draw’s total cumulative liability arising from or related to this Agreement will not exceed the total amount paid by the User or Users involved in a claim over the six month period prior to the instigation of any claim.
- Third-party content.
Royal Draw is a collector and disseminator of content supplied by third parties and Users, and consequently has little to no control over the validity of that content. Any statements, services, offers, opinions, advice, or other content provided or made available by third parties, including information providers and other Users, are the sole property and responsibility of their respective authors or suppliers, and not of Royal Draw or any of Royal Draw's employees, directors, or affiliates. Royal Draw is not liable or responsible for the accuracy or reliability of any statements, services, offers, opinions, advice, or other content made on the Site by anyone other than authorized Royal Draw employees or spokespersons acting in official capacities. When describing a deal, product, or Merchant, Royal Draw is using provided information, and is not responsible or liable for the accuracy of that information. Royal Draw is also not liable or responsible for loss, expenses, or damages resulting from a User's reliance on any information acquired through Royal Draw and the Site. The User is solely and completely responsible for determining the validity, accuracy, completeness, and/or usefulness of any and all information, opinions, and/or any other content made available through Royal Draw and the Site.
The Site contains links to third-party websites maintained by other content providers. The Site also contains links to third-party websites which are managed and maintained by other content providers. These links are offered only as a convenience to our Users, and are not representative of any form of endorsement by Royal Draw, its employees, directors, or affiliates of the contents of their respective third-party sites. Royal Draw is hereby absolved of any and all liability and responsibility in connection with the content, validity, and/or accuracy of materials on such third-party websites. User is under no obligation to access any linked third-party websites via the Royal Draw Site, and does so by their own free will and risk.
Royal Draw reserves the right to request the removal of unauthorized hyperlinks to the Royal Draw Site published or posted by a third-party or User. When express written authorization for the publication or posting of a hyperlink to the Site has been granted, Royal Draw reserves the right to revoke that authorization, and request the removal of said hyperlink at any time, subject to the discretion of Royal Draw.
- Binding arbitration.
In using the Site, User agrees that:
(a) any claim, argument, dispute, or contest the User makes against Royal Draw resulting from or relating to this Agreement, this Site, any Draw hosted on the Site, and/or any Microsite, will be resolved by final and binding arbitration administered by an authorized and unbiased arbitrator with jurisdiction over the subject of the dispute. Arbitration will be administered by a single arbitrator, and will be conducted in the English language;
(b) the arbitration shall be held at a mutually convenient location to the User and Royal Draw determined by the appropriate authorities governing the arbitration;
(c) the arbitrator shall administer federal or provincial law consistent with the Commercial Arbitration Act and all applicable statutes of limitations;
(d) the arbitrator will not compound the claims of any other persons or parties making similar or identical claims;
(e) if a User shows that the cost of arbitration is exorbitant compared to the cost of litigation, Royal Draw will supplement the User's budget for arbitration fees in so much as the arbitrator determines is necessary for the User to continue with the arbitration procedure; and
(f) no authority for claims requiring arbitration on a class or representative basis will be assigned. Arbitration will decide only the individual claims of the User and/or Royal Draw.
(g) excepting subsection 15.(f), if arbitration is decided to be in part illegal, invalid, or unenforceable, then the illegal, invalid, or unenforceable condition of the arbitration shall be rendered ineffective and shall be removed from the rest of the arbitration adjudication, which shall remain effective in so far as the illegal, invalid, or unenforceable condition does not alter or affect the remaining conditions. If subsection 15.(f) is decided or proved to be illegal, invalid, or unenforceable, then the entire ruling of the arbitration shall be rendered absolutely void, and no provision decided on by the arbitrator shall be honoured be either Royal Draw or the User as a legitimate means to final resolution.