BY SELECTING THE "Yes I agree to the Terms and Conditions" CHECKBOX, YOU ACCEPT THE TERMS AND CONDITIONS BELOW. PLEASE READ THEM CAREFULLY AS THEY AFFECT YOUR RIGHTS AND OBLIGATIONS. THE FOLLOWING DESCRIBES THE TERMS ON WHICH STOCK-TRAK GROUP OFFERS YOU ACCESS TO THE FINANCIAL POST.COM STOCK MARKET CHALLENGE SERVICES.
By using www.fpstockchallenge.com or any products, content or other services available on www.fpstockchallenge.com, (collectively, the “Service”) you agree, without limitation, to be bound by these terms and conditions, as may be modified by Stock-Trak (“Stock-Trak”) in accordance with these terms and conditions. If you do not agree with these terms and conditions, you may not use the Service.
1. Participant Agreement
VOID WHERE PROHIBITED.
These Terms and Conditions govern the use of the Service, including all contests and challenges made available through the Service (together, the “Contests”). Anyone accessing the Service (a “Participant”) agrees to abide by this Agreement and by the rules of any Contest or challenge (the “Rules”) in which they participate. The Rules appear under the Rules page and are incorporated herein by reference.
Stock-Trak may modify these Terms and Conditions and the Rules at any time, and such modification shall be effective immediately upon posting on the Service. Your continued access or use of the Service after the modifications have become effective shall be deemed your conclusive acceptance of the modified Agreement or Rules.
THIS SERVICE DOES NOT OFFER, SOLICIT OR ARRANGE FOR THE SALE OR PURCHASE OF SECURITIES. THE SERVICE AND ITS CONTESTS ARE PART OF A STOCK MARKET SIMULATION. NO ACTUAL SECURITIES ARE PURCHASED, SOLD OR TRADED AS PART OF THE CONTESTS. ALL INFORMATION IS PROVIDED FOR ENTERTAINMENT AND RECREATIONAL PURPOSES ONLY.
2. General
The Contests are for entertainment purposes only. The Service is limited to personal, non-commercial use and the content contained therein may not be copied, modified, duplicated or distributed in any form or for any reason without the express written consent of Stock-Trak. These terms and conditions are subject to changes by Stock-Trak without prior notice. Subject to the jurisdiction of the Regie des alcools, des courses et des jeux in Quebec (if applicable), Stock-Trak reserves the right to cancel any Contest at any time, without prior notice, for any reason. Data provided on this Service may be delayed as specified by financial exchanges information providers. Stock-Trak and its vendors believe their data and text services are reliable but accuracy is not warranted or guaranteed.
3. Eligibility
Stock-Trak’s Contests are open to all legal residents of Canada who are of the age of majority in their province or territory of residence or older, as of the date of entry into a Contest. The Contest is void wherever prohibited and subject to all federal, provincial and local laws. To determine your eligibility for a particular Contest, consult the Rules for that Contest.
PARTICIPATION IN A CONTEST FOR WHICH YOU ARE NOT ELIGIBLE WILL PLACE YOU IN BREACH OF THIS AGREEMENT AND THE APPLICABLE RULES AND RESULT IN THE FORFEITURE OF ANY PRIZE OR AWARD AND MAY SUBJECT YOU TO CIVIL AND POTENTIAL CRIMINAL LIABILITY.
4. Registration
Registration for the Contest is an online process. To register, click on the registration page. By registering to participate in a Contest, you agree that any and all information you supply in the registration process is current, truthful and complete. You also agree that you will be the only authorized user of the Service using your user name and password. You agree not to provide or make known your user name and password to any other person for the purpose of facilitating that person's access and unauthorized use of the Service.
For questions regarding this Agreement or the Rules for any Contest, contact customer support at
help-desk{a}fpstockchallenge.com.
5. License
The contents of the Financial Post Stock Market Challenge Service, including its "look and feel" (e.g. , text, graphics, images, logos and button icons), editorial content, notices, software (including HTML-based computer programs) and other material, are protected under United States, Canadian and foreign copyright, trademark and other laws. These contents belong or are licensed to Stock-Trak. We hereby grant you the right to view and use the Service subject to this Agreement. You may download or print a copy of the information Service contains for your personal, internal and non-commercial use only. Permission to reprint or electronically reproduce any document or graphic in whole or in part for any other purpose is expressly prohibited without Stock-Trak's prior written consent.
6. Copyright Policy
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Stock-Trak can terminate the privileges of any registrant who infringes the copyright of any legal person. Without limiting the foregoing, if you believe your work has been copied and posted on the Service in a way that constitutes copyright infringement, email
legal{a}fpstockchallenge.com
with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material you claim is infringing is located on the Service; your address; telephone number; email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
7. DISCLAIMER OF WARRANTIES.
THIS SERVICE AND THE INFORMATION IT CONTAINS IS MADE AVAILABLE "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. STOCK-TRAK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STOCK- TRAK MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS.
By entering the Contest, you agree to waive any right to claim any ambiguity or error in the Rules or the Contest itself and agree to be bound by this Agreement and by all decisions of Stock-Trak, which are binding and final. Failure to comply with the Rules may result in disqualification from this Contest. In the event of any unanticipated occurrence that was not fully addressed by the Rules, Stock-Trak may modify the Rules to address such occurrence. Any changes to the Rules will be posted on the Service. Stock-Trak conveys the information available on this Service without responsibility for accuracy and you agree that errors contained in such information shall not be made the basis for any claim, demand or cause of action. We hereby disclaim any warranty that the information on this Service will be free of interruption or that the Service is free of viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. Stock-Trak is not responsible for telecommunications, network, electronic, technical or computer failures of any kind, inaccurate transcription of entry information, errors in any promotional or marketing materials, errors in these rules, any human or electronic error, including but not limited to, the administration of a Contest, or for entries that are stolen, misdirected, garbled, delayed by computer transmissions, lost, late or damaged.
All decisions by Stock-Trak in computing points, creating awards, conducting drawings or in conducting any and all other aspects of the Contest are made by Stock-Trak in its sole discretion and are final and not subject to appeals.
STOCK-TRAK AND ITS CO-SPONSORS SHALL BEAR NO LIABILITY WHATSOEVER IN CONNECTION WITH THE DESIGN, DEVELOPMENT OR ADMINISTRATION OF ANY CONTEST OR IN ANY OTHER RESPECT IN CONNECTION WITH YOUR INTERACTION WITH THE SERVICE OR PARTICIPATION IN ANY CONTEST.
8. Service Performance
Stock-Trak is not liable for any delay or failure of the Service or the Contest to perform. There is no guarantee that you will be able to access the Service whenever and wherever desired. There may be extended periods of time when you cannot access the Service for various reasons, many beyond our control. Heavy player traffic on the Service may affect your access to the Service. No corrections or adjustments will be made for trades, attempted trades or missed trades affected by the Service's operation or downtime. The Contest will not recognize the attempted trades the Service did not process.
9. No Investment Advice by Stock Trak
Stock-Trak does not provide tax, legal, or investment advice, nor is it authorized to provide such advice. We do not endorse any opinions, recommendations or predictions regarding stock performances that are posted on or linked from the Service. Mention of a particular security on the Service does not constitute a recommendation by Stock -Trak to buy, sell or hold that or any other security, nor is it to be considered an offer or a solicitation of an offer to buy or sell any actual security. You hereby agree that any investment decisions you make will be based solely on your evaluation of your financial circumstances, investment objectives, risk tolerance, financial condition and liquidity needs. We accept no liability for any direct or consequential loss arising from any use of the information available on the Service.
In the event these terms are held not to be enforceable or are otherwise invalidated, the maximum liability of Stock-Trak, its subsidiaries, affiliates, employees, officers, directors, agents and co-Sponsors to any Participant shall be the amount of that Participant's entry fee, if any, in the applicable Contest.
10. Indemnification
You agree to indemnify, defend and hold harmless Stock-Trak and each of its co-Sponsors, each of their respective officers, directors, employees, agents and affiliates from and against all losses, expenses, damages and costs, including reasonable lawyers' fees, arising out of or relating to any violation of this Agreement or any other wrongful activity related to use of the Service (including but not limited to infringement of third parties' worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing the Service using your user name and password. Participants assume all liability for any injury or damages caused or claimed to be caused by his or her participation in the Contest and/or the acceptance and/or use of any prize, and release Stock-Trak and all co-Sponsors, and each of their respective parents, subsidiaries, affiliates, agents and assigns and advertising and promotional agencies and their respective officers, directors, and employees (collectively, the "Released Parties") from any such liability. The Released Parties assume no responsibility for any injury or damage to a Participant's or to any other person's computer relating to or resulting from this Contest. Entry constitutes permission (except where prohibited by law) to use winner's name, city, state, likeness and/or voice for purposes of advertising, promotion and publicity without additional compensation. Any attempt by a Participant or any other individual to deliberately damage the Service or undermine the legitimate operation of the Contest or the Service is a violation of criminal and civil laws and should such an attempt be made, Stock-Trak reserves the right to seek damages and/or other remedies from any such person to the fullest extent permitted by law.
11. Stock Trak’s Proprietary Right to Content
Winners of any phase of any Contest expressly allow Stock-Trak to publicize their names and prizes as it sees fit.
By entering in a Contest, you agree that Stock-Trak may disclose your first name, last name, and state these at any time during the course of, or after, the Contest, either on the Service, or through email notification, at the discretion of Stock-Trak, except where prohibited by law.
You hereby agree that any information transmitted to the Service in connection with the Contest is not confidential and acknowledge that you have no expectation of privacy with respect to such information, subject to the terms of the Service’s Privacy Policy. By completing a registration, you hereby agree that any and all information that you supply in the registration process is current, truthful and complete. To the extent that any such information is not current, truthful and complete, you may be disqualified from the Contest. Stock-Trak reserves the right to post any and all of your portfolio. Contest Winners also agree to make available photographs and pertinent biographical information in a format acceptable to Stock-Trak for such publicity. Any information posted to or on any area of the Service, including simulated portfolios, are the exclusive property of Stock-Trak for use, reproduction or disclosure at Stock-Trak’s sole discretion.
12. Content Posted and Activities on the Service
You understand and agree that Stock-Trak may review and edit or delete any content, messages, photos or profiles (collectively, "Content") that, in the sole judgment of Stock-Trak, violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any Contest Participant. You are solely responsible for the Content you submit and/or publish or display (hereinafter, "post") on the Service or any material or information you transmit to other Participants. By posting Content on any public area of this Service, you automatically grant, as well as represent and warrant that you have the right to grant to Stock- Trak, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display and distribute such information and content to Stock-Trak and that Stock-Trak has the right to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
The following is a partial list of the type of Content and activities that are illegal or prohibited on the Service. Stock-Trak reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending Content from the Service and terminating the registration of each violator. Prohibited Content and activities include, but are not limited to:
- Content that is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual
- Activity that harasses or advocates harassment of another person
- Transmitting "junk mail", "chain letters," or unsolicited mass mailing or "spamming".
- Engaging in advertising to, or solicitation of, any Participant to buy or sell any products or services through the Service, including sports picks information.
- Promoting information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous.
- Creating restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page).
- Providing material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18.
- Soliciting passwords or personal identifying information for commercial or unlawful purposes from other users.
- Providing commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes.
- Modifying, adapting, translating, or reverse engineering any portion of the Service.
- Removing any copyright, trademark or other proprietary rights notices contained in or on the Service.
- Using any robot, spider, Service search/retrieval application, or other device to retrieve or index any portion of the Service.
- Reformatting or framing any portion of the web pages that are part of the Service.
- Creating user accounts by automated means or under false or fraudulent pretenses.
- Submitting materials that falsely express or imply that such materials are sponsored or endorsed by Stock -Trak.
- Submitting materials that infringe misappropriate or violate the intellectual property, publicity, privacy or other proprietary rights of any party.
- Transmitting any viruses, worms, defects, Trojan horses or other items of a destructive nature.
- Submitting materials that are unlawful or promote or encourage illegal activity.
While Stock-Trak prohibits such conduct and content on its Service, you understand and agree that you nonetheless may be exposed to such materials and that you use the Service at your own risk.
You must use the Service in a manner consistent with any and all applicable laws and regulations. You may not engage in advertising to, or solicitation of, any Participant to buy or sell any products or services through the Service. Although Stock-Trak cannot monitor the conduct of its Participants off the Service, it is also a violation of these rules to use any information obtained from the service to harass, abuse or harm another person or to contact, advertise to, solicit or sell to any Participant without their prior explicit consent. In order to protect our Participants from such advertising or solicitation, Stock-Trak reserves the right to restrict the number of emails which a Participant may send to other Participants in any 24-hour period to a number which Stock-Trak deems appropriate in its sole discretion.
The Service is made available for your personal, non-commercial use only. Businesses, organizations or other legal entities may not use the Service for any purpose.
You may not use the Service for any illegal or unauthorized purpose. Users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or your country of residence.
You are solely responsible for your conduct and any data, text, information, graphics, photos, profiles, audio and video clips, links and other content that you submit, post, and display on the Service.
We may, but shall have no obligation to, remove materials that we determine in our sole discretion are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party's intellectual property or other proprietary rights or these Terms and Conditions.
13. Proprietary Rights to Third Party Content
By submitting, posting or displaying any materials, including but not limited to commentary, blogs and opinion, on or through the Service, you automatically grant to us a worldwide, non-exclusive, sub-licensable, transferable, royalty-free, perpetual, irrevocable right to copy, distribute, create derivative works of, publicly perform and display such materials. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display or sell any such proprietary information.
14. Privacy
Except as noted in Paragraph 14 (Termination of Registration), of this Agreement, our use and disclosure of your personal information is governed by our
Privacy Statement, which is hereby incorporated by reference into this Agreement.
15. Termination of Registration
Stock-Trak reserves the right to prevent access by any Participant who acts irresponsibly or inappropriately in playing the Contest or in participating on Service blogs or discussion forums. Although all trading in the Contest is fictional, Participants must only engage in trading activity that fully complies with all federal, state and/or provincial securities laws (including, without limitation, a prohibition against insider trading), as if you were trading actual stocks. Stock-Trak reserves the right to terminate Contest participation by any Participants suspected of cheating, attempting to exploit the Contest or other inappropriate behavior. We, at our sole discretion, may terminate or suspend your participation in a Contest for any reason. Any suspected fraudulent, abusive or illegal activity may be grounds for termination of a Contest, in whole or in part, without liability to any Participant in that Contest. Such activity also may be referred to appropriate law enforcement authorities. During the Contest(s), strict rules regarding player behavior will be enforced. These may include penalties, up to and including disqualification, for foul language, abuse of players or any other person, or any other behavior that Stock-Trak, in its sole judgment, believes to be detrimental to its conduct of the Contest(s). If you are penalized or disqualified from the Contest(s) as a result of any rules infraction all prizes will be forfeited.
16. Electronic Communications
By registering for the Contest, you agree to receive Contest updates in the form of emails throughout the Registration Period and Trading Period (both as defined in the Rules). By registering with us, you also agree to conduct business with us electronically and via the internet and to receive all required notices and disclosures in electronic format, including but not limited to email messages to an authorized email address that you have provided us. These email messages may contain the required notice or disclosure or may alert you to the availability of such a notice or disclosure on our Service. We also reserve the right to effect delivery of notices or disclosures by posting to our Service with no email transmission, to the extent permitted by applicable law. To access any of these notices or disclosures and to receive email messages, all you need is a valid email address, access to the internet and any generally available commercially available Web browser, such as Internet Explorer or Netscape Navigator. If, at any time, you wish to withdraw your consent to the receipt of electronic communications, you must notify Customer Service at
help-desk{a}fpstockchallenge.com.
We will regard such withdrawal as a termination of your registration with us and of your participation in any then-current or future Contest. You may request paper copies of any electronic notice or disclosure we provide; however, we reserve the right to refuse or to assess a service charge to respond such a request, at our sole discretion and to the extent permitted by applicable law. If, at any time, you would like to change the email address you have provided, you must notify Customer Service via email at
help-desk{a}fpstockchallenge.com.
17. Assignability
You may not transfer any rights or obligations you may have under this Agreement. We reserve the right to transfer or to subcontract any right or obligation under this Agreement at our sole discretion without your consent.
18. Severability
If any term or provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid or otherwise unenforceable, such term or provision shall not affect the Agreement's other terms or provisions, or the whole of this Agreement, but such term or provision shall be deemed modified to the extent deemed necessary to render such term or provision enforceable, and the rights and obligations of the parties shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent of the parties and the Agreement's purposes.
19. Links
While Stock-Trak welcomes links to our Service from other services, we, in no way, operate, control or endorse linking services and reserve the right to disallow any such link at any time in our sole discretion. Should you wish to link to our Service, you must link to our home page at www.stockstar.ca.
20. No Third-Party Beneficiaries
A person who is not a party to this Agreement has no rights under this Agreement.
21. Governing Law
This Agreement shall be governed by the laws of Ontario, without regard to the conflict or choice-of-law principles thereof, and the provincial and federal courts located in Ontario shall have exclusive jurisdiction over all disputes. If required to give legal effect to this Agreement, or in any event at Stock-Trak’s sole election, any such dispute may be submitted to binding arbitration, with a single arbitrator appointed. The seat of arbitration and the place of arbitration shall be in Toronto, Ontario with the arbitration proceedings conducted in English, except in the event of a claim for less than $1,000, such arbitration may be conducted telephonically at either party's election.
22. No Class Action
YOU ARE GIVING UP ANY RIGHT YOU MIGHT HAVE TO COMMENCE OR PARTICIPATE IN ANY CLASS OR GROUP LITIGATION OR PROCEEDING AGAINST US.
You understand that, in return for your agreement to this paragraph, Stock-Trak is able to offer the Contests at the terms set out herein, and that your assent to this section is an indispensable consideration to this Agreement.
23. Emails & Correspondences
By joining www.stockstar.ca, you acknowledge and agree that Stock-Trak will send member emails relating to their member account, transactions and Stock-Trak promotions. You can opt out of your subscription to www.stockstar.ca e-mail services at any time by logging in to www.stockstar.ca and selecting Notification Preferences under the heading Account Settings. You can also unsubscribe to special promotional e-mails at any time by clicking on the unsubscribe link in any of our email communications.