Ownership of the Application My DUC™; User Agreement to Terms of Use

These Terms and Conditions of Use (the “Terms of Use”) apply to My DUC™, the Ducks Unlimited Canada Application located at www.ducks.ca, and all associated Applications linked to www.ducks.ca by DUC, its subsidiaries and its affiliates (collectively, the “Application”). The Application is the property of Ducks Unlimited Canada (“DUC”) and its licensors. BY USING THE APPLICATION, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE APPLICATION.

DUC reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Application following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, DUC grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Application.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, videos, animations, artwork, and code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Application is owned, controlled or licensed by or to DUC, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Application and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, web Application or other medium for publication or distribution or for any commercial enterprise, without DUC’s express prior written consent.

Limited license

You may use information on DUC products and services purposely made available by DUC for downloading from the Application, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to or misrepresentations of any such information, and (4) not make any additional representations or warranties relating to such documents.

Your use of the Application

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Application or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Application or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Application. DUC reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Application, or any other systems or networks connected to the Application or to any DUC server, or to any of the services offered on or through the Application, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Application or any network connected to the Application, nor breach the security or authentication measures on the Application or any network connected to the Application. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Application, or any other customer of DUC, including any DUC account not owned by you, to its source, or exploit the Application or any service or information made available or offered by or through the Application, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Application.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Application or DUC’s systems or networks, or any systems or networks connected to the Application or to DUC.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Application or any transaction being conducted on the Application, or with any other person’s use of the Application.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to DUC on or through the Application or any service offered on or through the Application. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Application or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of DUC or others.

Purchases; other terms and conditions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Application, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Application or for any service offered on or through the Application, the latter terms shall control with respect to your use of that portion of the Application or the specific service.

DUC’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Application should be construed to alter such agreements.

DUC may make changes to any products or services offered on the Application, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Application with respect to products and services may be out of date, and DUC makes no commitment to update the materials on the Application with respect to such products and services.

Accounts, passwords and security

Certain features or services offered on or through the Application may require you to open an account (including setting up an DUC user ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify DUC immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by DUC or any other user of or visitor to the Application due to someone else using your DUC user ID, password or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else’s DUC user ID, password or account at any time without the express permission and consent of the holder of that DUC user ID, password or account. DUC cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Privacy

DUC’s Privacy Policy applies to use of the Application, and its terms are made a part of these Terms of Use by this reference. To view DUC’s Privacy Policy, click here. Additionally, by using the Application, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Application may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Links to other Applications and to the My DUC™ Application

The Application may contain links to other independent third-party web Applications (“Linked Applications”). These Linked Applications are provided solely as a convenience to our visitors. Such Linked Applications are not under DUC’s control, and DUC is not responsible for and does not endorse the content of such Linked Applications, including any information or materials contained on such Linked Applications. You will need to make your own independent judgment regarding your interaction with these Linked Applications. Check the Uniform Resource Locator (URL) address provided in your browser to see if you are still in the DUC Application or have moved to another Application.

Disclaimers

DUC neither warrants nor promises that the Application or any Content, service, or feature of the Application will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the Application will provide specific results. The Application and its Content are delivered on an as-is and as-available basis. Any Content on the Application is subject to change without notice. DUC cannot ensure that any files or other data you download from the Application will be free of viruses or contamination or destructive features. DUC disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. DUC disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the Application and/or any DUC services. You assume total responsibility for your use of the Application and any Linked Applications. Your sole remedy against DUC for dissatisfaction with the Application or any Content is to stop using the Application or any such Content. This limitation of relief is a part of the bargain between the parties.

This disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

DUC reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Application, or any portion of the Application, for any reason; (2) to modify or change the Application, or any portion of the Application, and any applicable policies or terms; and (3) to interrupt the operation of the Application, or any portion of the Application, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of liability

Except where prohibited by law, in no event will DUC, its suppliers, licensors or affiliates be liable for any direct, indirect, punitive, incidental, special, or consequential damages, or any damages whatsoever including, without limitation, damages for loss of use, data, or profits, arising out of or in any way connected with the use or performance of the Application, with the delay or inability to use the Application, the provision of or failure to provide services, or for any information, software, products, or services obtained through the Application, or otherwise arising out of the use of the Application, whether based on contract, tort, negligence, strict liability, or otherwise, even if DUC or any of its suppliers or affiliates has been advised of the possibility of damages.

The above limitation may not apply to you because some provinces or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. If you are dissatisfied with any portion of the Application, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Application.

If, notwithstanding the other provisions of these Terms of Use, DUC is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Application or any Content, DUC’s liability shall in no event exceed the total of any subscription or similar fees with respect to any service or feature of or on the Application paid in the 12 months prior to the date the damage or loss occurred or the cause of action arose.

Indemnity

You agree to indemnify and hold DUC, its officers, directors, stakeholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against DUC by any third party due to or arising out of or in connection with your use of the Application.

Violations of these Terms of Use

DUC may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Application, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) DUC’s rights or property, or the rights or property of visitors to or users of the Application, including DUC’s supporters and customers. DUC reserves the right at all times to disclose any information that DUC deems necessary to comply with any applicable law, regulation, legal process or governmental request. DUC also may disclose your information when DUC determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that DUC may preserve any transmittal or communication by you with DUC through the Application or any service offered on or through the Application, and may also disclose such data if required to do so by law or DUC determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of DUC, its employees, users of or visitors to the Application, and the public.

You agree that DUC may, in its sole discretion and without prior notice, terminate your access to the Application and/or block your future access to the Application if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Application. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to DUC, for which monetary damages would be inadequate, and you consent to DUC obtaining any injunctive or equitable relief that DUC deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies DUC may have at law or in equity.

You agree that DUC may, in its sole discretion and without prior notice, terminate your access to the Application, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Application or any service offered on or through the Application, or (4) unexpected technical issues or problems.

If DUC does take any legal action against you as a result of your violation of these Terms of Use, DUC will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to DUC. You agree that DUC will not be liable to you or to any third party for termination of your access to the Application as a result of any violation of these Terms of Use.

Jurisdiction

Unless otherwise specified, the Application and any Content are presented to provide information about DUC and its programs. DUC controls and operates this Application from its National Office at Oak Hammock Marsh, Manitoba, Canada. We in no way imply that the materials on the Application are appropriate or available for use outside Canada. If you use our Application from locations outside Canada, you are responsible for compliance with any applicable local laws.

Termination of this Agreement

This Agreement is effective until terminated by either party. You may terminate this Agreement at any time, by destroying all Content obtained from the Application, along with all related documentation and all copies and installations. DUC may terminate this Agreement at any time and without notice to you if, in its sole judgement, you breach any term or condition of this Agreement. Upon termination, you must destroy all materials. In addition, should you submit material using the Application, we do not in any way promise that the material will remain available to you. DUC is entitled to terminate all or part of the Application at any time, without notice to you.

Miscellaneous

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Application. These Terms of Use constitute the entire agreement between you and DUC regarding your use of the Application and shall be governed by and interpreted according to any applicable Canadian laws or regulations.

If any of the provisions of these Terms of Use are unlawful, void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect.

DUC may modify these Terms of Use, and the agreement they create, at any time, simply by updating this posting and without notice to you. This is the entire agreement regarding all the matters that have been discussed in the preceding paragraphs.

Feedback and information

Any feedback you provide at this Application shall be deemed to be non-confidential. DUC shall be free to use such information on an unrestricted basis.

DUC may update these Terms of Use from time to time. When we change the Terms of Use in a material way, a notice will be posted on our website along with the updated Terms and Conditions Use.

Copyright © 2019 Ducks Unlimited Canada. All rights reserved.

Ducks Unlimited Canada, P.O. Box 1160, Stonewall, Manitoba, Canada, R0C 2Z0

Updated by The DUC Legal Team on December 12, 2019.

Contest Rules & Regulations

Ducks Unlimited Canada “You think you know DUC?” Contest Rules and Regulations (“Rules”)

1. How to Participate

1.1 The sponsor of this contest is Ducks Unlimited Canada (“DUC”). The Prize is provided by DUCGear™.

1.2 Eligibility: The “You think you know DUC?” contest (the “Contest”) is open to all residents of Canada, except in the province of Québec, who have reached the legal age of majority in their province/territory of residence, excluding employees and retirees of DUC, and their respective agents, representatives, associates, dealers, sponsors, parent companies, subsidiaries, affiliates, and advertising and promotional agencies, and members of the immediate family of those employees and retirees or any person(s) with whom they are living in the same residence.

1.3 Contest Period: The contest begins on Tuesday, November 10th, 2020 12:01 a.m. Central Time (“CT”) and ends on Monday, May 10th, 2021 at 11:59 p.m. CT.

1.4 Contest Entry: Entrants may participate in the contest by downloading the My DUC™ application, accepting the terms & conditions, and completing the Contest entry form in the My DUC™ application, which requires you to enter your full name and valid e-mail address. Once you have fully completed the online entry form with all required information and have agreed to the Rules, click the “SUBMIT” button to complete your one (1) Contest entry. No purchase or donation necessary.

1.5 Alternate Method of Contest Entry: Entrants may also participate by sending a letter requesting entry into the Contest to:
Ducks Unlimited Canada
C/O “You think you know DUC?” contest
P.O. Box 1160 Stonewall, MB
R0C 2Z0

1.6 Upon completion of the contest entry form within the My DUC™ application, entrants are entered into the Contest for one (1) chance to with the Prize. Entrants may earn additional contest entries by correctly answering quiz questions and successfully completing activities using the My DUC™ application. All entries become the sole property of DUC.

1.7 Contest Entry Restrictions: Entrants earn Contest entries for each correctly answered quiz question and each successfully completed activity using the My DUC™ application.

2. Prize

2.1 Prize:

DUCGear™ Explorer’s Pack including an Under Armour® Unisex Corporate Hudson Backpack with DUC logo valued at $99.99, Trunk Organizer with 50″ X 60″ Canvas & Plaid Blanket valued at $74.40, a 4 Pack Cooler Set valued at $109.93 and two (2) Performance black caps valued at $24.99 each. An eligible winner will be required to answer a skill-testing question and complete the Sponsor’s Declaration and Release Form to claim the Prize. The Prize will be forwarded to the winner within four (4) to six (6) weeks from the date when the winner’s signed Declaration and Release Form is received by DUC. The Prize has an approximate value of $334.30 as of the Contest start date. The Prize is not redeemable for cash. Under no circumstances whatsoever will any difference between the actual and approximate retail value be awarded.

2.2 Odds: The odds of being randomly selected to win the Prize depend on the total number of eligible entries received.

2.3 Prize Draw: The eligible winner will be selected by random computer-generated draw from all eligible Contest entries received during the applicable Contest period. The draw will take place on Thursday May 13^th, 2021 at 11:00 a.m. CT at Ducks Unlimited Canada, Oak Hammock Marsh Interpretive Centre, 1 Mallard Bay at Highway 220, Manitoba.

2.4 Notification of Selection: The eligible winner will be contacted by phone or e-mail (using the contact information provided by entrant at time of entering the Contest) at least three (3) times within the fourteen (14) days after the Draw. If the eligible winner cannot be contacted in that time, another entrant will be randomly selected and the initial eligible winner will be disqualified and will have no recourse toward DUC or anyone involved in the Contest. In order to win, the eligible winner will be required to sign a Declaration and Release Form confirming compliance with the Contest Rules, acceptance of the Prize as awarded and releasing DUC or anyone involved in the contest from all liability relating to the Contest. No substitution for, or transfer of, the Prize will be allowed. The prize cannot be exchanged for cash. The eligible winner will have seven (7) days from the date of receipt to return a signed copy of the Declaration and Release Form to DUC or its representative. If the eligible winner does not do so within this period of time, another entrant will be randomly selected and the initial eligible winner will be disqualified and will have no recourse towards DUC or anyone involved in the Contest.

3. General Rules

3.1 The prize claim is subject to verification by DUC and/or its designated representatives. Entries that are in excess of the permitted number of entries during the Contest period are automatically void. All Contest entries obtained through unauthorized sources or which are incomplete, illegible, irregular or fraudulent in any way or otherwise not in compliance with these Rules are automatically void. DUC will be the sole and final reference source in validating a Prize claim. DUC shall have the right at any time to require proof of identity and/or eligibility to enter the Contest. Failure to provide such proof may result in disqualification. All personal and other information requested by and supplied for the purpose of the Contest must be truthful, complete, accurate and in no way misleading. DUC reserves the right, in its sole discretion, to disqualify any entrant should such an entrant at any stage supply untruthful, incomplete, inaccurate or misleading personal details and/or information.

3.2 By participating, each entrant and the selected eligible winner agrees: (a) to be bound by these Rules and the decisions of DUC made thereto, (b) to release and hold harmless DUC, and their respective affiliates, subsidiaries and independent contractors, and their respective directors, officers, employees, agents and representatives including advertising and promotion agencies from any and all liability for claims/damages including, but not limited to, claims/damages for personal injury, for property damage with respect to acceptance, possession or use or misuse of the Prize or participation in the Contest; (c) to permit DUC to use his/her name, address, city, province, of residence, photograph, video, or any likeness and any statements he/she may make regarding the Prize for advertising or publicity purposes worldwide in perpetuity and in any form of media now or hereafter devised worldwide, without any additional compensation; and (d) the winner agrees to sign a Declaration and Release Form to this effect.

3.3 DUC’s computer shall be the official clock of the Contest with respect to Contest entries submitted online. Free access to the Internet is available at most public libraries. Entrants are solely responsible for Internet connectivity, software and/or hardware that may be required in order to create and/or submit any Contest entry.

3.4 Contest entrants may be given the option to receive commercial electronic messages (e.g., emails) and/or other communications from DUC; however, eligibility to participate in the Contest is not dependent upon an entrant’s consent to receive such messages and communications and consenting to receive such messages and communications will not impact an entrant’s chances of winning.

3.5 The decisions of DUC in relation to this Contest will be final and binding on all entrants.

3.6 DUC shall not be responsible for incorrect or inaccurate transcription or registration of Contest entry information, technical malfunctions, lost/delayed data transmission, omission, interruption, deletion, defect, faulty, incomplete, incomprehensible, or erased computer or network transmissions, line failures of any telephone network, failure of computer equipment, software, inability to access any online service or web site, inability to submit the online registration, or any other error or malfunction, whether caused by website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest, or any injury or damage to entrant’s or any other person’s computer related to or resulting from participation or downloading any materials in this Contest, or for late, lost, stolen, postage due, illegible or misdirected entries.

3.7 DUC reserves the right to cancel, terminate, or suspend this Contest, at its sole discretion, in the event of a technical failure, computer virus or bug, unauthorized human intervention, fraud or any other occurrence or cause beyond its control that corrupts or adversely affects the administration, security, fairness or normal operation of the Contest.

3.8 Persons who tamper with or abuse any aspect of the Contest or website or attempt to undermine the legitimate operation of the Contest by cheating, deception or other unfair playing practices, or intend to annoy, abuse, threaten or harass any other entrant or DUC’s representatives or who are in violation of these Rules, as solely determined by DUC, will be disqualified and all associated Entries will be void.

3.9 If a selected entrant is awarded the Prize due to a system error, malfunction or defect the Prize will be returned to be re-awarded.

3.10 Under no circumstances will DUC and its affiliates, subsidiaries, and independent contractors, and their respective directors, officers, employees, and agents, including advertising and promotion agencies be required to award more Prizes than what is indicated in these Rules or award the Prize other than in accordance with these Rules. The failure of DUC to enforce any term of these Rules shall not constitute a waiver of that provision.

3.11 The Contest is subject to all Federal, Provincial and local laws, as well as the rules adopted in view of said laws, and all disputes will be resolved in the Province of Manitoba. The personal information provided to enter the Contest may be used by DUC for marketing purposes and will not be shared or sold to other parties unless compelled to do so by court order.

3.12 This Contest is not open to residents of Québec.

3.13 Apple Inc. is not a sponsor of or a participant in this Contest.

Copyright © 2020 Ducks Unlimited Canada. All rights reserved.

Ducks Unlimited Canada, P.O. Box 1160, Stonewall, Manitoba, Canada, R0C 2Z0

Updated by The DUC Legal Team on November 4, 2020.