Verbotomy Terms and Conditions
Terms of website registration and other conditions of usage
This website is owned and operated by James Gang Advertising Inc.
By registering to use this website, you agree to the following conditions of usage.
- Only those who have parental consent, or who are 14 years of age or older, may register to use this website. You may only register once. To gain access to the website, you must select a username; in selecting the username or a password, you may not use a trade mark owned by someone else or any word or phrase that in the sole opinion of The James Gang Advertising Inc. may be legally or socially unacceptable.
- Even though we employ technical measures to try to maintain the security of our website, we do not hold out that our website will be secure and therefore you should not assume that any communication to our website (be it an email communication or any other type of communication) will not be read by some third party.
- We may enhance or update the "Verbotomy" game or any other aspect of our site, and we do not need to inform you in advance of any such enhancements or updates. The enhancements and updates become effective as soon as they are implemented by us.
- You may submit information to the website (for example, when playing the "Verbotomy" game) but in that regard you cannot do anything that imposes a burden or unreasonable load on our website's technical infrastructure. You may only access our website via standard browsers and the like; automated software programs and similar software may not be used. When submiting information, you cannot submit anything that is illegal or contains a virus or other computer programming routine that is designed to damage or interfere with the website or its operation. We reserve the right to do anything with the information you upload if in our sole opinion it creates legal liability for us or if we might lose the services of an ISP or the services of those who host or manage our website.
- All data and information you provide to us on or through this website becomes the sole property of The James Gang Advertising Inc.
- This Agreement is governed by the laws of the Province of Ontario (Canada) and the laws of Canada applicable therein and any legal proceeding that is to be brought in relation to this website shall only be brought in a court of competent jurisdiction within the Province of Ontario; no court other than an Ontario court of competent jurisdiction shall have jurisdiction to hear any matter that relates directly or indirectly to this website.
- We reserve the right at our sole discretion to cancel your registration at any time and for any reason without notice to you, even if that means that we have acted unreasonably. Without limiting the generality of the foregoing, some of the reasons we could cancel your registration are as follows: you are in violation of these terms and conditions, you have violated the intellectual property section discussed below, you have engaged in or assisted others in what is known as "hacking," or you have engaged in any social misbehavior.
We may amend the above terms at any time at our sole discretion, and the amendments will come into effect once they are published on this page of our website.
Disclaimer of Liability
The James Gang Advertising Inc. and those associated with them are not responsible for: (i) any damage caused to your computer as a result of your having used this Site,
(ii) the continuous, error free or secure operation of the website, your ability to access your account whenever you want, or any communication to this website which is lost,
misdirected or which arrives late, as the case may be, whether or not due to the fault of The James Gang Advertising Inc. or of any other person or thing and (iii) any of
the following or similar problems (the "technical problems"): any delay or failure to perform whatever the reason, interrupted or unavailable browser or network
server or malfunction, congestion, incompatibility, misconnection or miscommunication, failed or lost computer transmissions, or if The James Gang Advertising Inc.'s
email/website portal is compromised by virus, bugs, unauthorized human or unauthorized non-human intervention or any other similar or related problem. This website
and its content is provided on a "as is/where is" basis. THE JAMES GANG ADVERTISING INC. AND THOSE ASSOCIATED WITH THEM DISCLAIM ALL WARRANTIES AND CONDITIONS
OF ANY KIND (INCLUDING MERCHANTABILITY OR FITNESS FOR PURPOSE) WHETHER EXPRESS OR IMPLIED OR WHETHER STATUTORY OR BASED ON ANY COMMON LAW. THE JAMES GANG ADVERTISING INC.
SHALL NOT BE LIABLE TO ANY PERSON FOR ANY LOST PROFITS, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWSOEVER CAUSED INCLUDING THOSE CAUSED BY THE NEGLIGENCE OF THE JAMES GANG ADVERTISING INC.)
DIRECTLY OR INDIRECTLY ARISING OUT OF THIS WEBSITE OR THE USE THEREOF BY ANY PERSON.
Verbotomy Contest Rules and Regulations
The following promotion
(the "Contest") is intended for residents of Canada or the
United States (except for residents of Quebec, Florida, New York, Rhode
Island and California) only and shall only be construed according to
laws of the Province of Ontario, Canada.
The Contest is defined
as the Verbotomy Weekly Give-Away. YOU MUST BE OF LEGAL DRINKING
AGE IN YOUR PROVINCE/STATE OF RESIDENCE TO ENTER.
By submitting an
entry, you acknowledge that you have read these rules (the "Rules")
in their entirety, and read the TERMS OF VERBOTOMY
WEB SITE REGISTRATION AND OTHER CONDITIONS OF USAGE including Copyrights, Terms and Conditions of Usage, Disclaimer of Liablity,
in their entirety, and agree to abide by these rules and terms, which
are final and binding on all matters pertaining to the Contest. THE
WINNER WILL BE DETERMINED BY THE CRITERIA SET FORTH HEREIN. From all
eligible entries received, the Winner(s) will be selected in the manner
as set forth below. The Contest may not be used in any form of gambling.
NO PURCHASE IS REQUIRED
1. CONTEST PERIOD:
Contest period runs for a limited time period starting at 12:01:00 am of the first day of the contest and ending at 11:59:00 pm of the last day of the contest. The start day and last days will be as posted in the official Verbtomy Blog by the Site Admnistrator where the contest is announced.
Start time and End time are based on Eastern Standard Time or Eastern Daylight Savings Time, whichever system is being commonly used during the contest period.
No purchase necessary to enter or win. The Contest is offered electronically
via the Internet to all individuals who are legal residents of Canada
or the United States (except for residents of Quebec, Florida, New York,
Rhode Island and California), for the duration of the Contest, who are
of legal drinking age in their province/state of residence and who have
Internet access with a valid e-mail address as of the date of their
entry who are registered participants in the online game Verbotomy
(the “Game”). PERSONS RESIDING IN OTHER JURISDICTIONS ARE
NOT ELIGIBLE TO WIN ANY PRIZES IN CONNECTION WITH THIS PROMOTION. Employees
and persons domiciled with employees of the James Gang Advertising Inc. (the creators of Verbotomy) (collectively,
the “Contest Sponsors”, their affiliates, advertising agencies,
site providers, as well as any licensed manufacturer, importer, supplier,
wholesaler or retailer of alcoholic beverages, the applicable Liquor
Control/Licensing Agencies (the “Government Agencies”) are
ineligible. The Government Agencies are not connected with this Contest
in any manner whatsoever and are not liable in any way whatsoever in
regard to any matter that relates to this Contest. To be eligible to
win, entrants must also have correctly answered (without assistance)
the skill-testing question by creating an invented word within the contest of the game. Grand prize winner’s
companions must also be of legal drinking age in their province/state
of residence and in the winner’s city of choice.
3. HOW TO ENTER
and HOW TO WIN: To enter in the contest, entrants must go to the
registration section of the www.verbotomy.com web site. Complete
the on-line entry form in its entirety. Only one contest entry per person
is allowed. Prizes will be awarded to the eligible entrants who collected
the most points in the Game (Verbotomy) during the contest period.
The grand prize will be awarded to the eligible entrant who has collected
the most points. Second prize will be awarded to entrant who has collected
the second most points . Third prize will be awarded to the eligible
entrant who has collected the third most points. Finalist prizes will
be awarded to the seven eligible entrants who have collected the fourth
to tenth most points. In the event of a tie between two or more eligible
entrants, the winner will be selected by a random draw between/among
The odds of winning
depends on the number of persons entering and the number of points collected
by all eligible entrants in the game, Verbotomy. The skill component
in this contest is the ability to win points in the Game (Verbotomy)
which depends in part on the shrewdness of the player themselves and
the skill-testing question on the ballot.
4. PRIZES: There will be one prize available to be
won. The prize consists of one copy of the book, or other prize announced on the official Verbotomy Nlog by the site Adminstrator, at the beginning of the contest period.
Prizes must be accepted
as awarded with no substitutions. Prize is non-transferable and has
no cash value. No substitutions, except by the Contest Sponsors, who
reserve the right to substitute a prize with a prize of equal or greater
All prizes will be sent to the winners at the mailing address
listed on their registration form for Verbotomy. The Contest Sponsors
are not responsible for prizes that are returned or otherwise undeliverable
due to address or mailing errors.
All decisions of the contest judge are final. Potential winners will
be contacted initially by email within two (2) days of the draw. If
no answer is received within 2 business days, on the third business
day following the email notification attempt, he/she will be notified
by telephone. If the potential winner does not respond within two (2)
business days of the date the email notification was sent and then within
two (2) business days of the telephone notification, he/she forfeits
the prize and an alternate winner may, at the sole discretion of the
Sponsors, be identified/selected.
Acceptance of the
prize(s) constitutes permission to use the winner's name, biographical
information, and/or likeness for the purposes of advertising and promotion,
without further compensation, as permitted by law. The Contest Sponsors
reserve the right to remove any entry or refuse to allow an entry based
on content. By participating in this Contest, each participant agrees
to be bound by the Rules of this Contest. Grand prize winner and companions
will be required to sign and return a declaration of eligibility, liability
release and, where lawful, a publicity consent before being awarded
the grand prize.
The Sponsors are
not responsible for and shall not be liable for late, lost, misdirected
or unsuccessful efforts to notify the Winner. Sponsors and their agents
are not responsible for technical, hardware or software failures of
any kind; lost or unavailable network connections; failed, incomplete,
garbled or delayed computer transmissions, including lost, misappropriated
or corrupted entries; virus, worm or Trojan Horse damage; or any other
damage which may limit a participant's ability to participate in the
Contest. Finally, each participant represents and warrants to the Sponsors
that the entry will not contain content that it does not have the right
to transmit under any law, contract of fiduciary relationship or which
contains any viruses or any other information that may damage or otherwise
interfere with the Sponsors’ computer systems, data or that of
In the event of
a dispute over the identity of the person who submitted the contest
entry form, the form will be deemed to be submitted by the holder of
the e-mail account. No correspondence will be entered into except with
the potential winners. To be a winner, a person must be in full compliance
with the contest rules. Potential prize winners who do not or fail to
comply fully with the contest rules will automatically forfeit their
opportunity to win that prize and nothing else will be substituted or
given to that potential winner and no alternate winner will be chosen
in their place.
Entries will be
rejected if any required information is missing, if not properly completed
and/or if the entry transmission results in a corrupted or unreadable
entry being received. Persons tampering with or abusing the entry policy
will be disqualified as will any player who attempts to win the game
by fraudulent means or methods not expressly listed in the game rules.
Any game player whose behaviour or electronic messages are considered
offensive by the sponsors may be ejected from the game, and that player
will not be eligible for any prizes.
THIS CONTEST IS
VOID WHERE PROHIBITED BY LAW.
By entering the Contest, the entrant agrees to release and hold harmless
the Contest Sponsors, their affiliates, directors officers, employees
and agencies from any liability whatsoever, and to waive any and all
causes of action, for any claims, costs, injuries, losses or damages
of any kind arising out of or in connection with the Contest or acceptance,
possession or use of any prize (including, without limitation, claims,
costs, injuries, losses or damages related to personal injuries, death,
damage to or destruction of property, rights of publicity or privacy,
defamation or portrayal in a false light, whether intentional or unintentional),
whether under a theory of contract, tort (including negligence), warranty
or other theory.
LAW: This Contest and these rules are governed by and are to be
construed under the laws of the Province of Ontario, Canada.
The Contest Sponsors, The James Gang Advertising Inc.
(www.jamesgang.com) reserve the right, at their sole discretion, to
disqualify any individual it finds to be tampering with the entry process
or the operation of the Contest; to be acting in violation of the Rules;
or to be acting in an unsportsmanlike or disruptive manner, or with
intent to annoy, abuse, threaten or harass any other person.
CAUTION: ANY ATTEMPT
BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY ALTER OR DAMAGE
ANY ENTRY OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A
VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE
MADE, THE SPONSORS RESERVE THE RIGHT TO DISQUALIFY SUCH ENTRANT OR INDIVIDUAL
AND SEEK DAMAGES FROM ANY SUCH ENTRANT OR INDIVIDUAL TO THE FULLEST
EXTENT PERMITTED BY LAW.
9. RULES: This
Contest is subject to these complete Rules and all applicable federal,
state and local laws and regulations. By participating in the Contest,
entrants acknowledge having read the rules and agree to abide by their
terms and by the decisions of the Sponsors, which are final and binding
on all matters pertaining to the Contest. All federal, provincial and
local laws and regulations apply. The Contest Sponsors reserve the right:
(i) modify or cancel this contest at any time without prior notice to
contestants; and (ii) to substitute a prize with one of equal or greater
value in the event of unavailability of any prize.
© 2007 Copyright The James Gang Advertising Inc. All rights reserved.