Sommer Ray's Ultimate Beach Bod CONTEST

 

TERMS AND CONDITIONS

Updated 4/2/2018

 

SPONSOR

The Sommer Ray Ultimate Beach Bod Contest (“Contest”) is sponsored by Mobovivo Inc. dba Ultimate Beach Bod (“Sponsor”).

 

PRIVACY

Your privacy is very important to us, which is why we have created a separate privacy policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of this User Agreement. To read our privacy policy in its entirety, click here.

 

LIMITATION OF WARRANTIES

By using our website, you understand and agree that all resources we provide are "as is" and "as available". This means that we do not represent or warrant to you that:

  • the use of our resources will meet your needs or requirements;

  • the use of our resources will be uninterrupted, timely, secure or free from errors;

  • the information obtained by using our resources will be accurate or reliable; and

  • any defects in the operation or functionality of any resources we provide will be repaired or corrected.

 

Furthermore, YOU UNDERSTAND AND AGREE THAT:

  • any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.

  • no information or advice, whether expressed, implied, oral or written, obtained by you from Sponsor or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.

 

LIMITATION OF LIABILITY

In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against Sponsor shall be limited to the amount you paid, if any, for use of products and/or services. Sponsor will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

 

COPYRIGHTS/TRADEMARKS

All content and materials available on the Sponsor's webpage, including but not limited to text, graphics, website name, code, images, and logos are the intellectual property of Sponsor and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited unless specifically authorized by Sponsor.

 

GOVERNING LAW

This Competition page is controlled by Sponsor from offices located in the province of Alberta, Canada. It can be accessed by most countries around the world. As each country has laws that may differ from those of Alberta, by accessing our website, you agree that the statutes and laws of Alberta, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.

 

Furthermore, any action shall be brought in the federal or provincial courts located in Alberta, Canada. You hereby agree to personal jurisdiction by such courts and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

 

GUARANTEE

UNLESS OTHERWISE EXPRESSED, SPONSOR EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

 

TERMS OF PURCHASE

By completing your purchase, you hereby agree to be bound by Alberta jurisdiction and liable to be tried in the Alberta court system if there is any evidence of fraudulent activity pursuant to your purchase. You also hereby agree to be financially held responsible for any and all fees incurred to Sponsor in relation to a dispute should an Alberta court determine any claims to in fact be fraudulent and rule in favor of the Sponsor. By your use of the website, you hereby acknowledge and accept the “Terms of Purchase” as set forth herein.

 

REFUND POLICY

Since the Contest will be decided based upon votes the public casts, we do not issue refunds once a vote is fully cast through our system. As a voter, you are responsible for understanding this upon casting any votes for any contestant competing in the Contest. To maintain the integrity of the Contest, there will be no exceptions to this policy.

 

Sponsor has a NO REFUND policy, therefore all sales are final. There are no refunds.

By making a purchase you acknowledge you have read and agree to the Contests Terms of Purchase as well as our "No Refund" Policy.

 

PRIVACY POLICY

 

PERSONAL INFORMATION

Sponsor strictly protects the security of your personal information and honors your choices for its intended use. Sponsor carefully protects your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.

 

Your personal information is never shared outside the company without your permission. Inside the company, data is stored on password-controlled servers with limited access. Your information will be stored and processed in Canada and the United States.

 

You also have a significant role in protecting your information. No one can see or edit your personal information without knowing your ID and password, so do not share these with others. We receive, collect and store any information you enter on our website or provide us in any other way. In addition, we collect the Internet protocol (IP) address used to connect your computer to the Internet; login; e-mail address; password; computer and connection information and purchase history. We may use software tools to measure and collect session information, including page response times, length of visits to certain pages, page interaction information, and methods used to browse away from the page. We also collect personally identifiable information (including name, email, password, communications); payment details (including credit card information), comments, feedback, product reviews, recommendations, and personal profile.

 

COPYRIGHTS

All intellectual property, including, but not limited to, copyright, trademarks, trade names, logos, designs, promotional materials, web pages, source code, and drawings, as well as the information provided by Sponsor in connection with the Contest, is owned or otherwise controlled by Sponsor and/or Ultimate Beach Bod Inc. All rights are reserved. Any use of the information found on Sponsor’s webpage is limited to your personal use.

 

Information Automatically Collected

We also may collect and store information that is generated automatically as you navigate through our Sites or Applications.

To make our Sites and Applications more useful to you, our servers (which may be hosted by a third-party service provider) may collect information from your computer or device, including but not limited to:

  • The date and time of your visit and the web pages and content you view and links you click on while navigating within our Sites or Applications;

  • Information about the type of content accessed via our Sites or Applications;

  • The site you visited before and after visiting our Sites;

  • Your Internet Protocol (IP) address (a numerical address assigned to your computer by your Internet service provider so that other computers connected to the Internet can communicate with you online) that can sometimes be used to derive your general geographic area;

  • Search terms you enter using our Sites or Applications;

  • Unique identifiers, including non-global mobile device identification numbers;

  • Information about your computer devices such as your device type, screen size, browser type, language and other settings, memory capacity, plug-ins, Internet domain, TCP configuration parameters, operating system, carrier code, time zone and the names, versions and package IDs of software installed on your device; and

  • Information collected through cookies, pixel tags and other tracking technologies (see additional descriptions of these terms below).

If you allow our Application to have access to your location information and you have enabled location services on your phone, we collect your location information.

 

Cookies and Other Tracking Technologies

To help make the Sites and Applications more responsive to the needs of users, we employ a standard software feature, called a "cookie," to assign each user a unique, random number that resides on a user's computer or device. The cookie by itself does not personally identify the user; it merely identifies the computer or device with which the user accesses a Site or Application. Cookies help us track user trends and patterns. They also prevent you from having to re-enter your preferences on certain areas of a Site or Application where you have entered preference information before.

 

When we post videos, third parties may use local shared objects, known as flash cookies to store your preferences for volume control or to personalize certain video features. Flash cookies are different from cookies because of the amount and type of data and how the data is stored.

 

We also may use web beacons (also known as "pixel tags") to access cookies and to count users who visit our Sites, use our Applications, or open our HTML-formatted e-mail messages. Pixel tags are tiny graphic images with a unique identifier, similar in function to cookies, that are used to track online movements of our users. In contrast to cookies, which are stored on a user’s computer hard drive, pixel tags are embedded invisibly in web pages and e-mail messages. We may collect information about your interactions with our e-mail messages, such as the links you click on and whether you open or forward a message, the date and time of these interactions and the device you use to read our e-mails.

 

Our website may also feature Nielsen proprietary measurement software, which will allow users to contribute to market research, such as Nielsen TV Ratings. To learn more about the information that Nielsen software may collect and your choices with regard to it, please see the Nielsen Digital Measurement Privacy Policy at http://www.nielsen.com/digitalprivacy.

 

Analytics Services

We use third-party analytics services (“Analytics Services”), to help analyze how users use our Sites and Applications. The information generated by the cookies or other technologies about your use of our Sites and/or Applications (the “Analytics Information”) is transmitted to the Analytics Services. The Analytics Services use Analytics Information to compile reports on user activity. The Analytics Services may also transfer the Analytics Information to third parties where required to do so by law, or where such third parties process Analytics Information on their behalf. Each Analytics Service’s ability to use and share Analytics Information is restricted by such Analytics Service’s terms of use and privacy policy. By using a Site or Application, you consent to the processing of data about you by Analytics Services in the manner and for the purposes set out above. For a full list of our Analytics Services, please contact us at ubb@mobovivo.com.

We also collect anonymized, cookie-based demographics data from third parties to analyze the composition of our audience.

 

 

We also may use third-party advertising companies to target and serve some of the advertisements that appear on our Sites and Applications, and these companies likewise may use their own cookies, web beacons and similar technologies to collect information about users of our Sites and Applications. These companies may use that information, to deliver advertisements on this Site, and possibly on other websites (if the third-party advertising company operates an advertising network), tailored to match the perceived interests of consumers. The collection and use of information by these companies is governed by the relevant third party's privacy policy and is not covered by our privacy policy. If you would like more information about this practice, or if you would like information on how to opt out of these information collection practices, you may visit the Network Advertising Initiative’s Consumer Opt-Out link, the Digital Advertising Alliance’s Consumer Opt-Out link, or Your Online Choices to opt-out of receiving tailored advertising from companies that participate in those programs.

 

Notice Concerning Do Not Track

Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. We are committed to providing you with meaningful choices about the information collected on our website for third party purposes, and that is why we provide the variety of opt-out mechanisms listed above. However, we do not currently recognize or respond to browser-initiated DNT signals. To learn more about Do Not Track, you can do so here.

 

Use of Information

 

We use the information we collect about you to:

  • identify you as a user in our system;

  • send you a welcome e-mail to verify ownership of the e-mail address provided when your account was created;

  • perform market research to understand the interests and preferences of our existing users;

  • provide enhancements and improvements to our advertisements, Sites and Applications;

  • provide the products and services you request;

  • create new products and services;

  • improve the quality of your experience when you interact with our Sites and Applications, including customizing features to your interests and serve targeted advertisements to you;

  • measure and analyze audience traffic, including tracking user interests, trends, and patterns;

  • send you administrative e-mail notifications, such as security, or support and maintenance advisories;

  • send newsletters, surveys, offers, and other promotional materials and for other marketing purposes;

  • help recognize you as a previous visitor and save and remember your preferences and settings and deliver to you appropriate interest-based content;

  • understand whether our users read e-mail messages and click on links within those messages;

  • prevent potentially prohibited or illegal activities, comply with applicable law and enforce our Terms of Service; and

  • for any other purposes disclosed to you at the time we collect your information or pursuant to your consent.

  •  

We may create aggregated or de-identified records based on information we collect about you (such as by removing your name). We reserve the right to use such data for any purpose and disclose such data to third parties in our sole discretion. For instance, when you respond to a survey, we may use, disclose and/or publish the responses you provide to us. However, we will not publish or disclose your name in connection with your response without your prior consent.

 

Legal Bases for Use of Your Information

The laws in some jurisdictions require companies to tell you about the legal ground they rely on to use or disclose your personal data. To the extent those laws apply, our legal grounds for processing your personal data are as follows: 

  • To Honor Our Contractual Commitments to You. Much of our processing of personal data is to meet our contractual obligations to our customers or to take steps at customers’ request in anticipation of entering into a contract with them.

  • Legitimate Interests. In many cases, we handle personal data on the ground that it furthers our legitimate interests in commercial activities such as the following in ways that are not overridden by the interests or fundamental rights and freedoms of the affected individuals: 

  • Customer service; marketing; protecting our customers, personnel, and property; analyzing and improving our business; managing legal issues. We may also process personal data for the same legitimate interests of our customers and business partners.

  • Legal Compliance. We need to use and disclose personal data in certain ways to comply with our legal obligations.

  • Consent. Where required by law, and in some other cases, we handle personal data on the basis of consent. Where we handle your personal data on the basis of consent, you have the right to withdraw your consent. 

 

Disclosure of Information

 

Please also keep in mind that whenever you voluntarily make your information available for viewing by third parties online — for example on message boards, through e-mail or weblogs, or in chat areas — that information can be seen, collected and used by others. We cannot control who reads your postings or what other users may do with the information that you voluntarily post, so it is very important that you do not put data such as private contact information which you do not want to make available to the public in your posts. Once you have posted information publicly, while you may still be able to edit and delete it on our Site or Application, you will not be able to edit or delete such information cached, collected, and stored elsewhere by others (e.g., search engines).

 

We may share your information with other third-party service providers to: provide you with the services that we offer you through our Sites and Applications; process your payments; conduct quality assurance testing; facilitate the creation of accounts; provide technical support; and/or provide other services and our Affiliates.

 

We may share some or all of your information with our parent company, subsidiaries, joint ventures, or other companies under a common control (“Affiliates”), in which case we will require our Affiliates to honor this Privacy Policy.

 

We may share some or all of your information in connection with or during the negotiation of any merger, financing, acquisition or dissolution transaction or proceeding involving the sale, transfer, divestiture, or disclosure of all or a portion of our business or assets. In the event of an insolvency, bankruptcy, or receivership, information may also be transferred as a business asset. If another company acquires our company, business, or assets, that company will possess the information collected by us and will assume the rights and obligations regarding your information as described in this Privacy Policy.

 

Some features of our Sites or Applications may enable you to post content to social networking services (“SNSs”). If you choose to do this, we will provide information to such SNSs in accordance with your elections. You acknowledge and agree that you are solely responsible for your use of those websites and that it is your responsibility to review the terms of use and privacy policy of the third party provider of such SNSs. We will not be responsible or liable for: (i) the availability or accuracy of such SNSs; (ii) the content, products or services on or availability of such SNSs; or (iii) your use of any such SNSs.

 

Regardless of any choices you make regarding your information (as described below), we may disclose information if we believe in good faith that such disclosure is necessary (a) in connection with any legal investigation; (b) to comply with relevant laws or to respond to subpoenas or warrants served (c) to protect or defend the rights or property or users of our Sites or Applications; and/or (d) to investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy, or our Terms of Service.

 

Third-Party Payment Processing

 

For online payments, we use various payment services. We do not process, record, or maintain your credit card information. 

 

Security

 

We have implemented administrative, technical, and physical security measures to protect against the loss, misuse, and/or alteration of your information. These safeguards vary based on the sensitivity of the information that we collect and store. However, we cannot and do not guarantee that these measures will prevent every unauthorized attempt to access, use, or disclose your information since, despite our efforts, no Internet and/or other electronic transmissions can be completely secure. 

 

Data Retention

 

We will hold your information for as long as necessary to fulfill the purposes set forth in this Privacy Policy or as long as we are legally required or permitted to do so. Information may persist in copies made for backup and business continuity purposes for additional time. 

 

Transfers of Information

 

Our Sites and Applications are operated in Canada and the United States. If you are located outside or Canada and the United States, please be advised that any information you provide through our Sites and Applications will be transferred to Canada and the United States, which may not have a similar standard of for data protection as the laws of your jurisdiction for processing, hosting, and storage by us or our service providers. Where you are accessing Services from a European Economic Area (“EEA”) member state, we will take steps reasonably necessary to ensure that your information is treated securely in accordance with this privacy policy always and at least to the standards required by Applicable Law in the jurisdiction of access. 

 

 

Third-Party Sites

 

Our Sites and Applications may include links to third party websites and applications whose privacy policies we do not control. Once you leave our Sites or Applications, any information you provide at another site or application will be governed by the privacy policy of the operator of the site you are visiting or application you are using. We encourage you to review the privacy policy of any site or application that you use.

 

 

Children's Privacy

 

The Sites and Applications are not directed to children under the age of thirteen and we do NOT knowingly collect personal information, as that term is defined in the Children’s Online Privacy Protection Act (“COPPA”) from children under the age of thirteen. If we discover that a child under 13 has submitted personal information to us, we will attempt to delete the information as soon as possible.

 

We do not knowingly process data of EU residents under the age of 16 without parental consent. If we become aware that we have collected data from an EU resident under the age of 16 without parental consent, we will take reasonable steps to delete it as soon as possible. We also comply with other age restrictions and requirements in accordance with applicable local laws.

 

If you believe that we might have collected any personal information from a child under 13 or a resident of the EU who is under 16, please contact us at ubb@mobovivo.com.

 

Your Choices and Rights

 

Reviewing, Updating, Changing or Deleting Your Registration Data

If you register with us, you have the opportunity to review, update, change or delete the registration data we have collected about you at any time by editing your personal data in your account settings or by sending an e-mail to us atubb@mobovivo.com. You may request deletion of your registration data by us, and we will use commercially reasonable efforts to honor your request, but please note that we may be required to keep such information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from our active database, but may remain in our archives. We may also retain your information for fraud prevention or similar purposes.

 

Rights for Individuals in the EEA

Individuals in the EEA and other jurisdictions have certain legal rights to obtain confirmation of whether we hold personal data about them, to access personal data we hold about them, and to obtain its correction, update, amendment, or deletion in appropriate circumstances. You may also have rights to object to our handling of your personal data, restrict our processing of your personal data, and to withdraw any consent you have provided. To exercise these rights, please contact us as described below with the nature of your request. While we strongly encourage you to first raise any questions or concerns about your personal data with us, you also have a right to contact the relevant supervisory authority.

 

Many of the rights described here are subject to significant limitations and exceptions under applicable law (e.g., objections to the processing of personal data, and withdrawals of consent, typically will not have retroactive effect).

 

Opting Out of Newsletters

If you have subscribed to one of our e-mail newsletters, you will always have the opportunity to unsubscribe from future mailings by logging into to your account and modifying your preferences. You will also have the opportunity to “opt-out” of commercial e-mail from the applicable service by following the unsubscribe instructions provided in the e-mail you receive or by contacting us directly (please see contact information above).

 

If you have elected to participate in our survey panel, you may elect whether you would like to receive e-mail notices of new surveys by logging into your account and modifying your preferences.

 

Cookie Choices

If you decide at any time that you no longer wish to accept cookies for any of the purposes described above, then you can instruct your browser or mobile device, by changing its settings, to stop accepting cookies or to prompt you before accepting a cookie from the websites and/or applications. If you do not accept cookies, however, you may not be able to use all portions of, or all functionalities of, the Sites or Applications, as applicable. If you have any questions about how to disable or modify cookies, please let us know at the contact information provided above.

 

Cookie management tools will not remove flash cookies. To learn how to manage privacy and storage settings for flash cookies, click here: http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager07.html.

 

SNS Linking

If you decide at any time that you no longer wish to have your SNS account linked to your  account, please refer to the privacy settings of the SNS to determine how you may adjust our permissions and manage the interactivity between the Sites and/or Application with your social media account.

 

Location Tracking

If have elected to allow us to track your location information on your mobile device and you later decide you no longer want us to collect your location information, you can disable location services through your mobile device’s application settings.

 

Uninstalling Our Application

You can stop all collection of information by the Application by uninstalling the Application. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network.

 

Changes to This Policy

 

If we need to change this Privacy Policy at some point in the future, we'll post the modified Privacy Policy on the applicable Sites and Applications and update the “Last Updated” dated above to reflect the date of the changes. By continuing to use a Site or Application after we post any such changes, you accept the Privacy Policy as modified.

 

For all media and press inquiries, please contact ubb@mobovivo.com

 

LIMITATION OF LIABILITY

Sponsor will use reasonable efforts to assure the accuracy, responsiveness and availability of the service to its users. Under no circumstance will we be liable for any direct or indirect damages with respect to the accuracy of the information, the availability of the service, the responsiveness of the service or your use of information provided to you by the service.

 

COMPLETE AGREEMENT

This is the complete agreement with respect to your use of the Sponsor’s webpage. Nothing published or said elsewhere should be viewed as a modification of this agreement.

 

CHANGES TO THIS AGREEMENT

Sponsor may occasionally update this agreement. When we do, we will also revise the "last updated" date at the top of the copy of the agreement posted on this website. Such changes will be effective when posted by us. Your continued use of the service after the date upon which this agreement is changed and the changes are posted will constitute your continued acceptance of this agreement. Your only alternative, should you no longer wish to be bound by the terms and conditions of this agreement, is termination of your use of the service. No full or partial refunds will be offered in such an event.

 

CONTACT INFORMATION

If you have any questions or comments about these our Terms of Service as outlined above, you can contact us here.