Terms and conditions
The JOE'S Club Service (the "Service"),
operated by Triton Loyalty, and Corus Entertainment Inc. (“Corus”),
operating as CKNG-FM (together, Triton Loyalty and CKNG-FM are referred to as
"we", "us" or "our") is
provided to you ("you," "your" or "User")
under the following terms and conditions, including any amendments thereto and
any additional terms and conditions, rules or policies that may be applicable
to particular offerings made in connection with the Service (collectively, the
"Terms and Conditions"). We reserve the right to update or
change these Terms and Conditions from time to time. Any such changes shall be
reflected in an updated version of the Terms and Conditions posted on this
site. By continuing to use the Service following the posting of any such
change, you will be deemed to have agreed to the amended version of the Terms
and Conditions. Any failure to comply with these Terms and Conditions by you
may result in the termination of your account, and the forfeiture and
relinquishment of all JOE Dough you have accrued in the Service. BY REGISTERING
TO USE THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, SO
PLEASE READ THEM CAREFULLY.
Description of the Service
The Service is a program that allows registered users to accrue
JOE Dough by engaging in certain activities, and to redeem JOE Dough for certain
offers ("Rewards"). JOE Dough accrued using the Service are
non-transferable to other users or accounts and have no cash or monetary value.
Some Rewards provided through the Service by way of auctions, sweepstakes, or
trade-ins are promoted regionally or nationally to users of other services.
Rewards that are promoted and accessible only to users eligible to participate
in this Service are noted as such by the display of the reward type 'L' on the
page displaying the material terms for that sweepstake, auction or trade-in.
Rewards promoted and accessible to users in multiple Services within this market or across multiple markets are noted as such by display of the reward type 'MM'
on the page displaying the material terms for that sweepstake, auction or
trade-in.
Eligibility
Unless otherwise specified in connection with a particular
offering, participation in the Service is open only to natural persons who are
residents of the Greater Edmonton, AB Area and who are 13 years of age or older.
Employees or agents of CKNG-FM, Corus or any affiliated company, other radio
stations broadcasting in and to the Edmonton, AB Area, Triton Loyalty, and each of
their respective affiliates, and immediate family members of or persons
domiciled with any such persons are not eligible to participate.
Reservation of Rights
The Service and its benefits are offered at our discretion, and we have the
right to modify or discontinue, temporarily or permanently, the Service,
including the JOE Dough levels, in whole or in part for any reason, at our sole
discretion. We may, among other things, withdraw, limit, modify or cancel any
Reward; increase the JOE Dough required for any Reward; or modify or condition the
transferability of Rewards or benefits. You agree that we will not be liable to
you or any third-party for any modification or discontinuance of the Service,
in whole or in part.
Membership
registration
In consideration of your use of the Service, you agree to provide true,
accurate, current and complete information about yourself as prompted by the
registration form and to maintain and promptly update your personal data to
keep it true, accurate, current and complete. If you provide any information
that is untrue, inaccurate, not current or incomplete, or if we or any of our
service providers have reasonable grounds to suspect that such information is
untrue, inaccurate, not current or incomplete, we have the right to suspend or
terminate your account and to refuse any and all current or future use of the
Service (or any portion thereof) by you. You may not register with a disposable
email address. Only one membership account per person and two member accounts
per household is permitted. If you are 13 years of age or under you can not
post information about yourself on listenersclub.joefm.ca or complete the registration
process. You can, among other things, review your accumulated JOE Dough, review
these Terms and
Conditions as amended from time to time, and review redemption options at http://listenersclub.joefm.ca.
Account security
You will receive a password and account designation upon completing the
registration process. You agree to maintain the confidentiality of your
password and account, and agree that you are fully responsible for all
activities that occur under your password or account. You agree to immediately
notify us of any unauthorized use of your password or account or any other
breach of security, and to exit from your account at the end of each session.
We will not be liable for any loss or damage arising from your failure to comply
with these conditions. If for any reason your account is terminated by either
you or us, all of your JOE Dough accrued will be forfeited.
JOE Dough
To earn JOE Dough, you must undertake an activity described in a Service-authorized promotion for earning JOE Dough, which may include, but is not limited to: streaming media on a designated media player, completing certain surveys, visiting certain retail locations or Internet Web sites, registering for a designated product or service or engaging in other online activities for which JOE Dough will be awarded in connection with the Service. All decisions regarding point balances, rewards, and forfeitures, and the identity of the individual accessing an account, are within our sole discretion.
Rewards
You may redeem JOE Dough accrued in your account for Rewards, provided that your
account is in good standing at the time of the redemption request. Bidding your
JOE Dough for Rewards in our Auctions will be subject to our rules
applicable to such auctions. You also may use your JOE Dough to submit
Sweepstakes entries, each of which is subject to our rules for
sweepstakes. You are required to be 19 years or older to bid in certain
auctions, to be eligible for certain trade-ins or to submit certain Sweepstakes
entries. Some Rewards provided through the Service by way of auctions,
sweepstakes, or trade-ins are promoted regionally or internationally to users
of other rewards services. Those redeeming JOE Dough for a Reward, placing the
highest bid in auctions, or winning a sweepstakes, will be required to answer a
mathematical skill test prior to receiving their Reward. Depending on the
Reward or prize, the listener may be required to complete the skill test via
email or in person. Rewards that are promoted and accessible only to users
eligible to participate in this Service are noted as such by the display of the
reward type 'L' on the page displaying the material terms for that sweepstake,
auction or trade-in. Rewards promoted and accessible regionally or nationally
to users of this Service and other rewards services are noted as such by
display of the reward type 'MM' on the page displaying the material terms for
that sweepstake, auction or trade-in. In these cases, users of other rewards
services in multiple cities will have the ability to participate in auctions,
sweepstakes, and trade-ins available through the Service, which in turn may
further limit the availability of the items offered to you through the Service.
Upon receiving a prize in an auction, sweepstakes, or in some cases trade-ins,
a member account will be prohibited from placing an active auction bid,
entering a sweepstakes, or redeeming a trade-in for a consecutive 1 day period.
All active bids and sweepstakes entries will remain active and eligible for
winning prize until the member is outbid or the sweepstakes entered closes. For
these purposes, items will be deemed to be received on the date that you
receive notice of an item being awarded in an auction or trade-in or a prize
being awarded in a sweepstakes. JOE Dough earned in two or more different accounts
may not be combined to redeem or bid for any Reward. Some Rewards have limited
availability and all Rewards are subject to availability and other terms and
conditions. Dependent upon availability, we may substitute Rewards of greater
or equal value. In some cases, Rewards you select are sent to you directly by
the merchant, who is solely responsible for the quality and performance of the
goods supplied. Rewards will only be shipped to locations within Edmonton, AB. Any rules of the merchants relating to returns and exchanges apply, but no JOE Dough
will be re-credited to your account. You are responsible for taxes, if any, due
on JOE Dough or Rewards. We reserve the right to modify or cancel any Reward
offering at any time. Redeemed Rewards are not refundable, exchangeable,
replaceable, redeemable, or transferable for cash, credit, other Rewards, or JOE Dough
under any circumstances. All stated and estimated prize values are shown in Canadian
dollars.
Games
To play some of the games offered through the Rewards Service (including, but not limited to, scratch and win games, blackjack-style games, and slots-style games), you must submit the required number of Points, at which time the Points will be deducted from your account. The minimum number of Points required for a game play will be determined separately for each game, but typically range from 25 to 5000 Points . Once submitted, your game play cannot be deleted, canceled or modified, except by the Operator. In the event of a dispute as to game play submitted by multiple individuals using the same computer, an entry will be deemed to have been submitted by the authorized registrant of the Rewards Service username and password from which the game play is made. The authorized registrant is deemed to be the natural person who is assigned a username and password, and all decisions regarding the identity of the authorized registrant shall be made by Operator in its sole discretion. You may also participate in games that require points to play through an offline method. No Points are required for an offline play. To play a game offline, you must mail a 3" x 5" card to Triton Loyalty, 500 Chastain Center Blvd., Suite 595, Kennesaw, GA 30144. Limit one card per outer postmarked envelope. The card must include the following information in legible, hand-printed or typed English: your full legal name, complete home postal address, home telephone number with area code, the user name and email address you entered when you registered for the Service, your age, gender, [insert name of station and/or Rewards Service], and the name of the game you wish to play. Each offline submission will entitle you to the number of Points needed to play the game identified in your offline submission once. Operator will deposit that number of Points into your account, and then you can play the game by submitting those Points in the manner described above. Operator is not responsible for any incomplete, late, lost, misappropriated, illegible, damaged, postage-due or misdirected mail-in entries or game play requests, or for failure to receive online entries or game play requests due to transmission failures or technical failures of any kind, including, without limitation, malfunctioning or unavailability of any network, hardware or software, whether originating with sender or Operator.
Privacy Policy
By participating in
the Service, and voluntarily providing personal information including, but not
limited to, name, address, city, email address, home and office telephone
numbers (the “Registrant Information”), you grant us permission to collect
and use of the Registrant Information in accordance with our Privacy Policy.
For more information, click
here to see our complete Privacy Policy. By using the Service, you
agree to be bound by the terms of our Privacy Policy. All entries shall
become the property of CKNG-FM. We assume no responsibility for lost,
stolen, destroyed or otherwise indecipherable entries or for any other error to
which you may be subject related to any failure or technical malfunction of the
computer/telephone network, on-line computer systems of equipment, servers,
access providers, software, poor reception, failure of any email or submission
or due to any other reason arising out of your use of the Service, regardless
of cause.
Gaming or Fraud
Gaming, fraud or abuse relating to the accrual of JOE Dough or redemption of Rewards may result in forfeiture of accrued JOE Dough as well as the termination of your account. You are solely responsible for any fraudulent use of your JOE Dough that could occur due to the theft of or sharing of your password. The Service is provided to individual users who are natural persons for their own personal use. Machines, scripts or automated services may not be used to access any part of the Service, accumulate any JOE Dough, or participate in any other aspect of the Service. IT WILL BE CONSIDERED FRAUDULENT AND A VIOLATION OF THE TERMS AND CONDITIONS IF YOU ACCESS ANY OTHER REGISTERED USER'S ACCOUNT TO TAKE ANY ACTION, INCLUDING BUT NOT LIMITED TO ENTERING CODES, TRIVIA ANSWERS, COMPLETING SURVEYS, OR REDEEMING JOE Dough FOR PRIZES AND AWARDS, EVEN IF THE OTHER REGISTERED USER IS A FAMILY MEMBER. IT WILL BE CONSIDERED FRAUDULENT AND A VIOLATION OF THESE TERMS AND CONDITIONS FOR ANY MEMBER TO SHARE WITH OTHER MEMBERS CODE WORDS, TRIVIA ANSWERS OR OTHER INFORMATION THAT CAN BE REDEEMED FOR JOE Dough. IT IS CONSIDERED FRAUDULENT AND A VIOLATION OF THESE TERMS AND CONDITIONS FOR ANY MEMBER TO REDEEM CODE WORDS, TRIVIA ANSWERS, OR OTHER INFORMATION THAT CAN BE REDEEMED FOR JOE Dough THAT WAS RECEIVED FROM OTHER MEMBERS. ANY MEMBER SHARING IN THIS MANNER OR REDEEMING INFORMATION SHARED IN THIS MANNER WILL HAVE THEIR ACCOUNT DELETED AND WILL NOT BE AWARDED ANY REWARDS. IT WILL ALSO BE CONSIDERED FRAUDULENT AND A VIOLATION OF THESE TERMS AND CONDITIONS FOR ANY INDIVIDUAL OR COMPANY TO DIRECT, ENCOURAGE, OR ALLOW INDIVIDUALS TO USE A SINGLE ACCOUNT FOR THE PURPOSE OF ACCUMULATING JOE Dough FOR COMPANY USE. VIOLATIONS WILL BE PROSECUTED TO THE FULL EXTENT OF THE LAW.
Limitation of Liability, Indemnity and Release.
UNDER NO CIRCUMSTANCES
SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM THE USE OF OR INABILITY TO USE
THE SERVICE OR ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS. BECAUSE SOME
STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT
PERMITTED BY LAW. BY USING THE SERVICE YOU AGREE THAT OUR TOTAL LIABILITY FOR
ANY ACTION, CLAIM OR JUDGMENT, REGARDLESS OF THE NATURE OF THE CLAIM OR THEORY
OF LIABILITY, SHALL BE LIMITED TO YOUR ACTUAL OUT OF POCKET EXPENSES INCURRED
IN CONNECTION WITH YOUR USE OF THE SERVICE, BUT IN NO EVENT ATTORNEY'S FEES.
You accept all responsibility for, and hereby indemnify and hold us harmless
from and against, any actions taken by any user authorized to use your account,
including, but not limited to, accrual of JOE Dough, redemption of JOE Dough, and
disclosure of passwords to third parties. By using the Service, you release us,
our subsidiaries, and affiliates from any and all liability regarding the
redemption of JOE Dough, use of Rewards, or other participation in the Service.
Violation of the
Terms
You understand and agree that in our sole discretion, and without prior notice,
we may remove JOE Dough from your account as a penalty, terminate your access to
the website or deactivate your membership account if we determine that you have
violated our Terms and Conditions.
Indemnity
You agree to indemnify and hold us, our subsidiaries, affiliates, officers,
agents and other partners and employees, harmless from any loss, liability,
claim or demand, including reasonable attorney's fees, made by any third party
due to or arising out of your use of the website, including, without
limitation, any information or content you post to the site or any interference
with the operation of this website.
Miscellaneous
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Province of AB, Canada. The invalidity or unenforceability of
any provisions of these Terms and Conditions shall not affect the validity or
enforceability of any other provision. In the event that any provision of these
Terms and Conditions is found to be invalid or unenforceable, these Terms and
Conditions shall be construed in accordance with their terms as if the invalid
or unenforceable provision was not contained therein. The Service and its components,
including all trademarks, trade names and logos, are the property of Triton Loyalty,
Inc. and/or its licensors, which reserves all rights to such property.