1. Application. The First Buy Grant Application (the “Application”) is sponsored by Queenlaw Developments Limited (the “Sponsor”). Each successful applicant (the “Recipient”) will be granted the opportunity (the “Grant”) to pay a reduced initial deposit of five percent (5%) for the purchase price of a certain pre-determined pre-construction condominium unit in the Joya Condominiums (the “Eligible Units”) on the signing of the Agreement of Purchase and Sale for an Eligible Unit, and to pay an additional five percent (5%) deposit ninety (90) days prior to the occupancy date of the Eligible Unit that the Recipient purchased.
2. Eligibility.The Application is open to legal citizens of Canada, excluding Quebec, who are at least 18 years of age at the time of submitting the Application and are first-time home buyers residing in the Greater Toronto Area with a household income no greater than $175,000. Applicants are considered a first-time home buyer if, in the four-year period before submitting the Application, they did not occupy a home that they owned, or one that their current spouse or common-law partner owned. By submitting the Application, applicants acknowledge compliance with, and agree to be bound by, these Terms and Conditions. Applicants who do not comply with any of these Terms and Conditions are subject to disqualification by the Sponsor, in the Sponsor’s sole discretion.
3. Application Dates and Times. The time period for acceptance of Applications begins on Aug 25th , 2023 at 9 a.m. EST and ends on Nov. 4th 2023 at 5 p.m. EST (the “Application End Date”) after which time acceptance of Applications will be closed and no further Applications will be accepted.
4. How to Apply. There is no purchase necessary to enter the Application. To be considered for the Application, applicants must visit https://firstbuy.marlinspringdevelopements.com, click on the banner detailing the Application process, and complete the online Application page in full. Applicants must indicate that they have read, understood, and accepted these Terms and Conditions by checking the appropriate box. There is a limit of one Application per person. All Applications must be complete and are subject to verification by the Sponsor, in its sole discretion.
5. Grants. A total of [two] (2) Grants will be awarded. The Eligible Units and allocation thereof shall be determined by the Sponsor, in its sole discretion. Each Grant shall have an approximate value between $20,000 – $60,000 CAD (excluding closing costs, parking , locker and upgrade costs).
6. Recipient Selection and Confirmation. On November 6, 2023 at 12 p.m. EST (the “Application Announcement Date”), the Sponsor, or an employee, agent or other representative of the Sponsor, will select the potential Recipients by way of a random draw from all eligible Applications received before the Application End Date. The potential Recipients must meet all of the eligibility criteria set out in these Terms and Conditions (the “Eligibility Criteria”) and provide additional evidence as required upon selection. If a potential Recipient does not meet the Eligibility Criteria, he/she will be disqualified and will not receive a Grant and another applicant will be selected by way of a random draw from the remaining Applications. Before being declared a Recipient, the potential Recipients will be required to: (i) correctly answer, without assistance of any kind, whether mechanical or otherwise, a time-limited mathematical skill-testing question to be administered during a pre-arranged telephone call or by e-mail; and (ii) comply with all other Terms and Conditions, all as determined in the sole discretion of Sponsor.
7. Recipient Selection Notification. Potential Recipients will be notified within [5] (five) business days of the Application Announcement Date and will be contacted at the telephone number provided at the time of submitting the Application. A potential Recipient who does not or cannot accept a Grant within 72 hours may be forfeited and replaced by random draw, in the Sponsor’s sole discretion. The Sponsor is not responsible for the failure for any reason whatsoever of potential Recipients to receive notification from the Sponsor or for the Sponsor to receive a response from any potential Recipients.
8. Assumption of Liability. All Recipients assume any and all liability for any loss or damage caused, or claimed to be caused, by submitting the Application or the use or redemption of a Grant. Grants must be accepted as awarded and cannot be transferred, assigned, substituted or redeemed for cash. The Grant or any portion of the Grant cannot be combined with other discounts, promotions or special offers. Submitting the Application or receiving a Grant shall not guarantee the eligibility of the Recipient to enter into an Agreement of Purchase and Sale with the Sponsor or its affiliates for the purchase of any condominium units. Further, any purchase of any condominium units from the Sponsor or its affiliates shall be in accordance with the applicable Agreement of Purchase and Sale entered into.
9. Odds of Being a Recipient. The odds of being a Recipient depend on the number of eligible Applications received before the Application End Date.
10. Recipient Release and Indemnification. All Recipients must: (i) confirm compliance with all Terms and Conditions; (ii) agree to accept the Grant as awarded; (iii) release, discharge and hold harmless the Sponsor, its departments and agencies, parent, related and affiliated companies, subsidiaries, franchisees, advertising and promotional agencies, counsel, marketing partners, and each of their respective directors, officers, employees, shareholders, successors, sponsors, partners, licensees, subsidiaries, agents, artists, advisors, assignees, and all others associated with the administration, development and execution of the Application (the “Released Parties”) from and against any and all manner of action, cause of action, claim or demand, loss or damage including legal fees and expenses, whatsoever, arising out of submitting an Application, use or misuse of a Grant or any travel related thereto, and the use of Applications by the Sponsor, including but not limited to, claims based on negligence, breach of contract and fundamental breach, failure of any third-party contractor or supplier used in connection with any aspect of the Application to perform or deliver any goods or services, any act of God or any other event beyond the Released Parties’ control, any dissatisfaction of any kind by an applicant with any aspect of the Application or any Grant, liability for loss or damage which the applicants, guests, their heirs, successors or assigns have, might have or could have suffered, by reason of or arising out of the applicant submitting the Application and/or in connection with the acceptance and/or exercise by the applicant of the Grant(s) as awarded; and (iv) indemnify the Released Parties against any loss, damage or expense, including legal fees, that any of the Released Parties may suffer or incur as a result of any non-compliance by applicants with any of these Terms and Conditions or applicants submitting the Application and/or in connection with the acceptance and/or exercise by an applicant of a Grant, and the use of Applications by the Sponsor.
11. Limitation of Sponsor’s Responsibility. The Sponsor is not responsible for: (i) incorrect or inaccurate Application information that may affect a person’s ability to submit the Application or be a Recipient, including but not limited to human error, technical malfunctions, lost or delayed Application for any reason, mail failures, omission, or any combination thereof, and Applications that fail to fully comply with these Terms and Conditions; (ii) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (iii) lost, incomplete, delayed, mutilated or misdirected Applications; (iv) loss or damage to applicants’ computers or to any other individual’s computer related to or resulting from submitting, or downloading any material regarding the Application or accepting a Grant; (v) any loss or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from applicants submitting the Application or receipt or use or misuse of any Grant, including any related travel and the use of Applications by Sponsor; (vi) the security or privacy of information transmitted via computer networks or for breaches of privacy due to interference by third-party computer hackers or otherwise; or (vii) late, lost, misdirected or unsuccessful efforts to notify a potential Recipient.
12. Other Conditions. The Sponsor reserves the right to terminate or amend the Application at any time and in any way, without prior notice to applicants. Without limiting the foregoing, if, for any reason, the Application is not capable of running as originally planned for any reason, the Sponsor reserves the right to cancel the Application and conduct a random draw from all previously received eligible Applications by the Application End Date.
13. Publicity and Applicant Information. By submitting the Application, applicants (i) consent to the use of their name, address, email address, postal code, telephone number, social media handle(s), comments and image, whether on videotape, photograph or any other means (collectively, the “Personal Information”), for the administration of the Application or for any marketing activities carried out by the Sponsor, without further notice or compensation to the applicant; and (ii) acknowledge that the Sponsor may disclose the applicants’ Personal Information to third-party agents and service providers of the Sponsor in connection with any of the foregoing purposes. If an applicant consents to receive future information from the Sponsor and its affiliates, the Sponsor may use the information provided to initiate, maintain and develop a relationship with the applicant to promote and market to the applicant additional products and services offered by the Sponsor or its affiliates. Such consent may be revoked by an applicant at any time by writing to: sales@marlinspring.com
14. Governing Law. The Application is void where prohibited by law and is subject to all applicable Canadian federal, provincial, territorial, municipal and local laws. The Application shall be governed exclusively by the laws of the province of Ontario, including all issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, rights and obligations between applicants and the Sponsor, and procedural provisions, without giving effect to any choice of law or conflict of law rules. Any dispute shall be adjudicated by the courts sitting in the city of Toronto in the province of Ontario.
15. Amendments. The Sponsor reserves the right, in its sole discretion, to amend or modify these Terms and Conditions, or modify, cancel or suspend the Application, without prior notice for any reason whatsoever, including without limitation in the event that any cause beyond the reasonable control of the Sponsor corrupts, or threatens to corrupt, the security or proper administration of the Application.
16. Intellectual Property. All intellectual property, including but not limited to trademarks, logos, designs, promotional materials, web pages, source codes, images, drawings, illustrations, slogans and representations are owned by the Sponsor. All rights reserved. Unauthorized copying or use of any of the Sponsor’s intellectual property without the express written consent of the Sponsor is strictly prohibited.