2018 INSPIRING AFFILIATES COMPETITION OFFICIAL RULES
This is a skill-based competition.
NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE IN THIS COMPETITION. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
INTERNET ACCESS AND A VALID PARTNER ACCOUNT ARE REQUIRED FOR ENTRY. EACH WINNER MAY BE REQUIRED TO EXECUTE PRIZE ACCEPTANCE DOCUMENTS AND RETURN THEM WITHIN FIVE (5) DAYS FROM DATE OF ISSUANCE OF NOTIFICATION OR PRIZE MAY BE FORFEITED (IN SPONSOR’S (DEFINED BELOW) SOLE DISCRETION), AS MORE FULLY DETAILED BELOW.
BY ENTERING THIS COMPETITION, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR FROM YOU (i.e. A REQUIREMENT THAT YOU DEFEND AND/OR REIMBURSE SPONSOR FROM/FOR CERTAIN LOSSES) AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
The 2018 Inspiring Affiliates Competition (“Competition”) is a competition in which Eligible Partners (defined below) compete for a chance to win either: (a) one (1) of five (5) total Blog Post Prizes (defined below) by submitting a Blog Post Entry (defined below); (b) one (1) of three (3) total Video Prizes (defined below) by submitting an Video Entry (defined below); or (c) one (1) Grand Prize, by submitting a Grand Prize Entry (defined below). For the Blog Post Prize and the Video Prize, Partner must make a submission in this Competition via the competition page, available at the URL https://airtable.com/shrj5qPC1QTgKCSIv (“Competition Website”), as further described below. These “Official Rules” govern the Competition, which is sponsored by Shopify Inc. (“Sponsor” or “Shopify”).
This Competition is open to legal residents of any one of the fifty (50) United States, the District of Columbia, the United Kingdom, Australia, New Zealand, Denmark, Spain, or Canada (excluding Quebec) (collectively, “Territory”), who are over the age of majority in their jurisdiction of primary residence as of the date of entry, and:
- who have their business registered as a member of the Shopify Partner Program (a “Shopify Partner”) and are classified by Sponsor as a Partner that has registered for, and been approved by Shopify, for a unique referral link (an “Affiliate Link”) to refer merchants to Shopify via such Affiliate Link (as determined by Sponsor in its sole discretion) (“Eligible Partner”). There is no charge for a business to become a registered member of the Shopify Partner Program.
For more information about the Shopify Affiliate Program and to register for a free account, please visit https://www.shopify.com/affiliates. Your participation in the Shopify Affiliate Program is subject to the Partner Program Agreement, available at https://www.shopify.com/partners/terms. Employees, representatives or agents of Sponsor, its divisions, affiliates, subsidiaries or advertising agencies associated with this Competition, and relatives of and those living in the same household as such individuals are prohibited from entering this Competition. For the purpose of this Competition, relatives are defined as spouse, domestic partner, parent, legal guardian, in-law, grandparent, sibling, children, legal ward and grandchildren. Void where prohibited by law.
AGREEMENT TO OFFICIAL RULES
This Competition begins on February 7, 2018, at 12:01 A.M. North American Pacific Standard Time (9:01 A.M. Central European Time) and ends on March 31, 2018, at 11:59 P.M. North Pacific Standard Time (July 1, 2016 at 8:59 A.M. Central European Time) (“Competition Period”). All entries must be received during the Competition Period as further set out in the “How to Enter” section of these Official Rules.
HOW TO ENTER
To enter the Competition, an Eligible Partner must complete one or more of the following steps: (1) For the Blog Post Prize (defined below), Eligible Partner must create a blog post about Shopify and submit the URL link via the Competition Website during the Competition Period (each, an “Blog Post Entry”). (2) For the Video Prize (defined below): Eligible Partner must create a video about Shopify and submit the URL link via the Competition Website during the Competition Period (each, an “Video Entry”). (3) For the Grand Prize: Eligible Partner must refer one Eligible Merchant during the Competition Period (“Grand Prize Entry”). An “Eligible Merchant” is any unique merchant that: (a) has registered for a paid Shopify account (i.e. the store is not in the trial phase) that became live on or after February 7, 2018 and remains live for the entire Competition Period (defined below) and through the time of Prize (defined below) award; and (b) was introduced by an Affiliate that actively promoted the Service. Referring more than one Eligible Merchant does not constitute additional Grand Prize Entries.
Together, the Blog Post Entry and the Video Entry are hereinafter referred to as an “Entry Post(s)”, and together, the Entry Posts and Grand Prize Entry are hereinafter referred to as an “Entry” or “Entries”. Each Entry submitted in the Competition must comply with the “Submission Requirements” detailed in that section below and otherwise comply with these Official Rules.
An Eligible Partner can submit a Blog Post Entry, a Video Entry and/or a Grand Prize Entry, however, as described below, an Eligible Partner may win a maximum of one Prize in this Competition. Previous winners of other promotions sponsored by Shopify may also win this Competition. Sponsor reserves the right, in its sole discretion, to disqualify any Eligible Partner from participating in this Competition for conduct that violates these Official Rules, the Shopify Terms of Service, or the Partner Program Agreement, or that, in Sponsor’s reasonable judgment, compromises the fairness of this Competition. Each Entry must be submitted and received by Sponsor during the Competition Period through the Competition Website and in strict accordance with the instructions and restrictions on the Competition Website and these Official Rules. Sponsor is not responsible for misspellings, typographical errors, or other issues that may affect an Entry from being located in or received by Sponsor. The Competition Website’s database clock will be the official timekeeper for this Competition. For purposes of this Competition, only Entries that are actually received and recorded through the Competition Website’s servers will be considered. Incorrect and/or incomplete attempts at entry (as determined by Sponsor in its sole discretion) will be void and not eligible for entry. Each entrant should review all personal information entered for accuracy purposes and make all corrections necessary to inaccurate data before submitting his/her Entry for purposes of this Competition. Other proof of submitting or attempting to submit an Entry (such as, without limitation, a printed, saved or copied automated receipt confirming entry or a “thanks for entering” screen or message) does not constitute proof of actual receipt of the Entry for purposes of this Competition. Those who do not abide by these Official Rules or the instructions of Sponsor and provide all required information will be disqualified in Sponsor’s sole discretion. Entries or participation will not be acknowledged. Entries or participation that is forged, altered, incomplete, lost, late, misdirected, mutilated, illegitimate, garbled, or generated by a macro, bot, or other automated means will not be accepted and will be void. Entries or participation made by any other individual or any entity or group, or originating at any web site other than as set forth specifically above, including, without limitation, through commercial promotion subscription notification or entering services, will be declared invalid and disqualified for this Competition. As a condition of entering the Competition, without limiting any other provision in these Official Rules, each entrant gives consent for Sponsor and its agents to obtain and deliver his or her name, address and other information and content to third parties for the purpose of administering this Competition and complying with applicable laws, regulations, and rules. Sponsor may keep all entrant information for up to five (5) years after completion of the Competition for business management and record keeping purposes. ANY ENTRY THAT DOES NOT CONFORM TO THE REQUIREMENTS IN THESE OFFICIAL RULES WILL BE DEEMED INELIGIBLE IN SPONSOR’S SOLE DISCRETION.
Each Entry Post must meet all of the following requirements in Sponsor’s sole discretion or the associated entry will be disqualified:
- All aspects of the Entry Post must be originally created by and solely owned by Eligible Partner (or be in the public domain). Except for materials in the public domain, all third party content and content unoriginal to Eligible Partner is prohibited.
- If the Entry Post depicts or includes any third party, entrant must have all permissions and rights from the individual(s) depicted (and his/her parent or legal guardian, if a minor) and agrees to provide Sponsor with written confirmation of those permissions and rights upon request.
- The Entry Post must include Eligible Partner’s Affiliate Link.
- Except for inclusion of Eligible Partner’s Affiliate Link, the Entry Post must not create or imply any association between Sponsor and any individual, entity, or anyone else or his, her, or its products or services.
- The Entry Post must include a legally compliant advertising disclosure.
- The Entry Post must not infringe, misappropriate, or violate any rights of any third party including, without limitation, copyright, including moral rights, trademark, trade secret, or right of privacy or publicity.
- The Entry Post must not include information or content that is false, fraudulent, deceptive, misleading, defamatory, threatening, trade libellous, slanderous, libellous, disparaging, unlawfully harassing, profane, obscene, pornographic, hateful, indecent, inappropriate or injurious to any individual, any Released Party (defined below), or any third party.
- The Entry Post must not contain or describe any harmful or illegal activity or content or in any way violate any federal, state, or local laws, rules or regulations.
- The Entry Post must be suitable for presentation in a public forum.
- The Entry Post must not suggest, depict, or describe any inappropriate, unlawful, or dangerous behavior or use of Sponsor’s or any other products or services.
- Entrant agrees that his/her participation in the Competition and agreement to these Official Rules and any Released Party’s display and use of the Entry Post will not violate any agreement to which entrant is a signatory or party.
- Entrant agrees to indemnify the Released Parties against any and all claims from any third party for any use or reuse by any Released Party of the Entry Post.
Sponsor reserves the right in its sole discretion to disqualify from the Competition and/or remove from displaying or publishing any entry or Entry Post that, in its sole discretion, refers, depicts, or in any way reflects negatively upon a Released Party, the Competition, or any other person or entity or does not comply with these requirements or these Official Rules.
By entering, except where prohibited by law, each entrant grants to the Released Parties and their agents, successors and assigns in perpetuity the irrevocable, sublicensable, absolute right and permission to use, edit, modify, cut, rearrange, add to, delete from, copy, reproduce, translate, separate, dub, adapt, publish, combine with other material, reuse, adapt, and exploit the content of and elements embodied in the Entry Post, and the Entry Post itself, in any and all media, including but not limited to digital and electronic media, computer, audio and audiovisual media (whether now existing or hereafter devised), in any language, throughout the world, and in any manner, for trade, advertising, promotional, commercial, or any other purposes without further review, notice, approval, consideration, or compensation. Each entrant agrees that the licensed entities may, but are not required to, attribute the Entry Post to an entrant. Each entrant waives and releases the Released Parties from any and all claims that entrant may now or hereafter have in any jurisdiction based on “moral rights” or “droit moral” or unfair competition with respect to the Released Parties’ exploitation of entries without further notification or compensation to entrants of any kind, and agrees not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Released Parties and each of their affiliates, licensees, or any other person in connection with this Competition, on the grounds that any use of any entry, or any derivative works, infringe or violate any of the entrant’s rights (including MORAL RIGHTS) therein. Each entrant acknowledges and agrees that nothing in these Official Rules will require a Released Party to use an Entry Post in part or in whole or to include the Entry Post in any Released Party-related property, including, without limitation, any Released Parties’ web site or any other online or offline property. Each entrant hereby acknowledges and agrees that the relationship between the entrant and any of the Released Parties is not a confidential, fiduciary, or other special relationship, and that the entrant’s decision to submit his/her Entry Post for purposes of the Competition does not place any of the Released Parties in a position that is any different from the position held by members of the general public with regard to elements of the Entry Post, other than as set forth in these Official Rules. Each entrant understands and acknowledges that Sponsor has wide access to ideas and materials. Each entrant also acknowledges that many ideas may be competitive with, similar to, or identical to his/her Entry Post and/or each other in idea, ingredients, format, or other respects. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of Sponsor’s use of any such similar or identical material that has or may come to Sponsor from other sources. Each entrant acknowledges and agrees that Sponsor does not now and will not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the entrant’s copyright in and to his/her Entry Post. Each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of Sponsor’s actual or alleged exploitation or use of any Entry Post or other material submitted in connection with the Competition, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition, or other exploitation of any Sponsor property or production, and entrant’s rights and remedies in any such event are strictly limited to the right to recover damages, if any, in an action at law.
SELECTION OF WINNERS
It is only possible to win one Blog Post Prize, one Video Prize and one Grand Prize, and no entrant may win more than one Prize. Each Entry Post entered in this Competition will be judged for either the Blog Post Prize or the Video Prize, as applicable, by a panel of judges chosen in Sponsor’s sole discretion (“Judges”), based on the following criteria: uniqueness of topic (10%), creativity in displaying content (25%), unique visualizations and/or graphics (15%), content accuracy (20%), community support in the form of likes/shares (5%), affiliate referral links and/or banners included (15%), inclusion of FTC endorsement guidelines language (10%) (“Criteria”). Subject to verification: (1) the Blog Post Prize winners will be the Eligible Partners whose Blog Post Entry receives the three highest scores in that prize category after all Criteria are applied; (2) the Video Prize winners will be the Eligible Partners whose Video Entry receives the five highest scores for that prize category after all Criteria are applied; and (3) for the Grand Prize, one (1) eligible entry will be selected by random computer generated draw from among all Grand Prize Entries (collectively, the “Competition Winners”).
In the event of a tie in the selection of any winner of the Blog Post Prize or the Video Prize, the tie will be broken by naming as such winner, the Eligible Partner whose Eligible Blog Post Entry or Video Post Entry, as applicable, received the higher score in the “uniqueness of topic” Criteria. If there is still a tie, the tie will be broken by naming as such winner the Eligible Partner whose Eligible Blog Post Entry or Video Post Entry, as applicable, received the highest score in the “creativity in displaying content” Criteria. Sponsor reserves the right to contact entrants for verification purposes and administration of the Competition. All Judges’ decisions are final and binding in all matters relating to this Competition. Entrants acknowledge that other entrants may have created ideas and concepts contained in their Entry Post that may have familiarities or similarities to his/her Entry Post, and that he/she will not be entitled to any compensation or right to negotiate with the Released Parties because of these familiarities or similarities.
Blog Post Prize: Five (5) Blog Post Prize winners, subject to verification, will each receive a prize consisting solely of the following: two hundred and seventy-five US Dollars ($275 USD) cash prize.
Video Prize: Three (3) Video Prize winners, subject to verification, will each receive a prize consisting solely of the following: three hundred and seventy-five US Dollars ($375 USD) cash prize.
Grand Prize: One (1) Grand Prize winner, subject to verification, will receive a prize consisting solely of the following: two thousand five hundred US Dollars ($2,500 USD) cash prize.
Together the Blog Post Prize, the Video Prize and the Grand Prize are referred to herein as the “Prize(s)”. The approximate retail value (“ARV”) for the Prizes is: $5,000 USD.
Incidental expenses and all other costs and expenses which are not specifically listed as part of the Prize in these Official Rules and which may be associated with the award, acceptance, receipt and use of all or any portion of the awarded Prize are solely the responsibility of the Prize winner. ALL FEDERAL, NATIONAL, STATE, PROVINCIAL, TERRITORIAL AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE ARE SOLELY THE RESPONSIBILITY OF THE WINNER. Prize, if legitimately claimed, will be awarded. Prize details not specifically stated in these Official Rules will be determined in Shopify’s sole discretion. Shopify is not responsible for and will not replace any lost, mutilated or stolen Prize or any Prize that is undeliverable or does not reach the winner because of incorrect or changed contact information. If winner does not accept or use the entire Prize, the unaccepted or unused part of the Prize will be forfeited and Shopify will have no further obligation with respect to that prize or portion of the Prize. Shopify is not responsible for any inability of the winner to accept or use the Prize (or portion thereof) for any reason. Shopify reserves the right to substitute the stated Prize or portion thereof with another prize or portion thereof of equal or greater value for any reason, including, without limitation, Prize unavailability. No more than the stated Prize will be awarded.
GENERAL PRIZE REQUIREMENTS
Before being declared the winner of any Prize, the selected entrant may be required to: (a) correctly answer a mathematical skill-testing question without mechanical or other aid to be administered in writing or over the telephone if he/she is a resident of Canada; and (b) if requested by Shopify, sign, have notarized (if applicable), and return to Shopify (without alteration) a declaration/affidavit and liability/publicity release (unless prohibited by law) within 10 days of receipt (which may require providing winner’s Social Security Number/Social Insurance number for tax purposes)(collectively, the “Winner Documents”). If the selected entrant: (i) fails to correctly answer the skill-testing question (for Canadian residents only); (ii) fails to return the properly executed Winner Documents within the specified time (if required by Shopify) or respond according to Shopify’s instructions; (iii) cannot accept (or is unwilling to accept) the Prize as awarded for any reason; and/or (iv) is determined to be in violation of these Official Rules, or if any prize, prize notification, or Competition-related communication is rejected, faulty, or returned as undeliverable (all as determined by Sponsor in its sole and absolute discretion); then he/she may, in the sole and absolute discretion of the Sweepstakes Parties, be disqualified (and, if disqualified, will forfeit all rights to the Prize) and sponsor reserves the right, in its sole and absolute discretion and time permitting, to randomly select an alternate eligible entrant from among the remaining Eligible Entries (in which case the foregoing provisions of this section shall apply to such newly selected entrant). Shopify reserves the right to modify the notification procedures in connection with the selection of any alternate winner. Subject to verification, Prize elements will be delivered to Competition Winners either by ACH or PayPal transfer within a reasonable amount of time following notification of the Competition Winners.n. Shopify may only look to three (3) alternate winners for the Prize, at which point the Prize may be deemed unclaimed and Shopify will have no further obligation with respect to the Prize. Upon prize forfeiture, no compensation will be given and Shopify will have no responsibility or liability to that entrant. The Winner Documents are subject to verification by Shopify.
PROCEDURE FOR AWARDING PRIZES
The date of award of the Prizes in this Competition will vary depending on when the notification and verification process is completed for winners of the Competition, but will be approximately April 14, 2018. Potential Competition Winners will be notified by email (in Sponsor’s sole discretion) in accordance with the contact information provided by the entrant in the Competition Website. All taxes and duties, if any, on the Prize and any other costs and expenses associated with acceptance and use of the Prize and not specified in these Official Rules as being included in the prize are the sole responsibility of the applicable winner. Prizes may not be transferred and winners may not request substitution of a Prize; provided, however, that Sponsor reserves the right to substitute any Prize with another prize of approximately equal value for any reason. Entrants waive the right to assert as a cost of winning any Prize any and all costs of verification and redemption or travel to claim the Prize and any liability and publicity that might arise from claiming or seeking to claim said Prize. In the event of a dispute as to who is the proper recipient of any Prize, such Prize will be delivered to the registered account holder of the email address associated with the PayPal account that was used to open the Shopify Partner account for the Eligible Partner, but only if that person otherwise meets the eligibility requirements for participation in this Competition and is still associated with the Eligible Partner. A “registered account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the applicable email address. Any potential winner may be required to provide Sponsor with proof that he or she is the registered account holder of the email address associated with the applicable PayPal account. If there is any dispute between any members, partners, creators, owners or employees of or investors in an Eligible Partner that cannot be resolved to Sponsor’s satisfaction, that Eligible Partner may, in Sponsor’s sole discretion, be disqualified or forfeit the entire Prize. If any other dispute cannot be resolved to Sponsor’s satisfaction, the Eligible Partner that is the subject of the dispute will be deemed ineligible or disqualified (as applicable). As a condition of entering, each potential Competition Winner may (in Sponsor’s sole discretion) be required to execute and return to Sponsor within ten (10) business days of receipt: (i) an affidavit or release of eligibility or declaration affirming such winner’s compliance with these Official Rules; (ii) a publicity release; (iii) a release of Sponsor and the Released Parties (defined below) from any claim or cause of action arising out of participation in the Competition or acceptance of any Prize (which release will not apply to liability for death or personal injury caused by the negligence of Sponsor or liability for fraud or fraudulent misrepresentation or breach of Sponsor’s obligations under these rules); (iv) all documents Sponsor may require (in its sole discretion) confirming the tax obligations, if any, of such winner. In the event of noncompliance with these requirements, the prize may be forfeited in Sponsor’s sole discretion. The affidavit of eligibility/declaration and liability/publicity release (unless prohibited by law) are subject to verification by Sponsor. If any prize, prize notification or Competition-related communication is rejected, faulty, or returned as undeliverable, if the potential Competition Winner does not respond according to the notification’s or Sponsor’s instructions, if a Competition Winner cannot attend or participate in any portion of the prize, if a Competition Winner or potential winner fails to comply with these Official Rules, or if a potential winner cannot be reached after a reasonable attempt has been made by Sponsor (as determined by Sponsor in its sole discretion) or does not respond according to the notification’s or Sponsor’s instructions, that winner or potential winner may be disqualified and an alternate winner may be selected in accordance with the winner selection procedures described above. Sponsor reserves the right to modify the notification procedures in connection with the selection of any alternate potential winner, if any. Upon prize forfeiture, no compensation will be given and Sponsor will have no responsibility or liability to that entrant. To claim a prize, winner must follow the directions in his or her notification. In order for a Canadian resident to win a Prize in this Competition, the selected potential winner must first correctly answer without assistance or mechanical aid, the mathematical skill-testing question administered by the Sponsor. If any Prize winner does not acknowledge acceptance of a Prize within ten (10) days after being notified (using the contact details listed on their Shopify account) that he or she is a Prize winner, their Prize will be irrevocably forfeited, and another Prize winner will be chosen using the same procedure specified above. If a Prize winner does not accept or use the entire Prize, the unaccepted or unused part of the Prize will be forfeited and Sponsor will have no further obligation with respect to that Prize or portion of the Prize.
RELEASE AND PUBLICITY
Each entrant hereby consents to the use of his or her name, business name, and address by Sponsor for advertising and promotional purposes, without any additional compensation or right of review, except where prohibited. NOTHING IN THESE OFFICIAL RULES LIMITS, EXCLUDES OR MODIFIES OR PURPORTS TO LIMIT, EXCLUDE OR MODIFY ANY STATUTORY CONSUMER GUARANTEES OR ANY IMPLIED CONDITION OR WARRANTY THE EXCLUSION OF WHICH FROM THESE OFFICIAL RULES WOULD CONTRAVENE ANY STATUTE OR CAUSE ANY PART OF THESE OFFICIAL RULES TO BE VOID (“NON-EXCLUDABLE GUARANTEES”). SUBJECT TO THE LIMITATIONS IN THE PRECEDING SENTENCE, ALL ENTRANTS AGREE, EXCEPT WHERE PROHIBITED BY LAW, TO RELEASE, INDEMNIFY AND HOLD HARMLESS SPONSOR AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATED COMPANIES, SUBSIDIARIES, SUPPLIERS, DISTRIBUTORS, ADVERTISING AND PROMOTIONAL AGENCIES, AGENTS, SUCCESSORS AND ASSIGNS (collectively, the “Released Parties”) FROM AND AGAINST ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF PARTICIPATION IN THE COMPETITION. ENTRANTS AGREE THAT, EXCEPT WHERE PROHIBITED BY LAW INCLUDING IN RELATION TO THE NON-EXCLUDABLE GUARANTEES, RELEASED PARTIES ARE NOT LIABLE FOR INJURIES, LOSSES OR DAMAGES OF ANY KIND ARISING FROM PARTICIPATION IN THIS COMPETITION AND ACCEPTANCE, POSSESSION, MISUSE AND USE OF ANY PRIZE. RELEASED PARTIES ARE NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL OR OTHER ERROR IN THE PRINTING OF THE OFFER OR THESE RULES, THE ADMINISTRATION OF THE COMPETITION, OR IN THE ANNOUNCEMENT AND AWARD OF ANY PRIZE. The above releases will not apply to liability for death or personal injury caused by the negligence of Sponsor or liability for fraud or fraudulent misrepresentation or breach of Sponsor’s obligations under these rules.
THE RELEASED PARTIES ARE NOT RESPONSIBLE IN ANY WAY FOR ANY EXPENSES, OMISSIONS, DELAYS, OR RE-ROUTING RESULTING FROM ANY ACTS OF ANY GOVERNMENT OR AUTHORITY. AND EACH PRIZE WINNER ACKNOWLEDGES THAT HE/SHE IS SOLELY RESPONSIBLE FOR ANY ACTIONS, CLAIMS OR LIABILITIES OF HIS/HER GUEST RELATED TO ANY COMPETITION-RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY ACTIONS, CLAIMS OR LIABILITIES RELATED TO THE GUEST’S USE OF THE PRIZE. The above releases will not apply to liability for death or personal injury caused by the negligence of Sponsors or liability for fraud or fraudulent misrepresentation or breach of Sponsors’ obligations under these rules.
Subject to the Non-Excludable Guarantees, all entrants agree that Released Parties are not responsible and/or liable for any of the following, whether caused by Sponsor, the entrant or by human error: entries that are submitted by illegitimate means (such as, without limitation, by an automated computer program); any lost, late, incomplete, illegible, mutilated, or misdirected entries, e-mail, mail, or Competition-related correspondence or materials or postage-due mail; any error, omission, interruption, defect, or delay in transmission or communication; viruses or technical or mechanical malfunctions; interrupted or unavailable cable or satellite systems; errors, typos or misprints in these Official Rules, in any Competition-related advertisements or other materials; failures of electronic equipment, computer hardware or software; lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications or entry information. Released Parties are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s e-mail account to receive e-mail messages. Released Parties are not responsible, and may disqualify an entrant, if his or her e-mail address, telephone, or other contact information does not work or is changed without entrant giving prior written notice to Sponsor. Released Parties are not responsible for any changes or unavailability of the Competition Website that may interfere with the Competition (including any limitations, any restrictions, or any conditions on the Sponsor’s ability to use the Competition Website for the Competition as set forth herein that are not acceptable to Sponsor) or ability of an entrant to timely enter, receive notices or communicate with Sponsor, in which case Sponsor, in its sole discretion, may terminate or modify the Competition. Without limiting any other provision in these Official Rules, Released Parties are not responsible or liable to any entrant or Prize winner or any person claiming through such entrant or Prize winner for failure to supply the Prize or any part thereof in the event that any of the Competition activities or the Released Parties’ operations or activities are affected, as determined by the Sponsor in its sole discretion, including, without limitation, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any law, rule, regulation, order or other action adopted or taken by any governmental, federal, state, provincial or local government authority, or any other cause, whether or not specifically mentioned above. The above releases will not apply to the extent arising out of the failures or defaults of Released Parties.
Entrants agree to not damage or cause interruption of the Competition and/or prevent others from using the Competition. Sponsor reserves the right to restrict or void entries or participation from any IP address if any suspicious entry and/or participation is detected. Sponsor reserves the right, in its sole discretion, to void entries or sales (as applicable) of any entrants who Sponsor believes have attempted to tamper with or impair the administration, security, fairness or proper play of this Competition. Sponsor’s failure to or decision not to enforce any provision in these Official Rules will not constitute a waiver of that or any other provision. In the event there is an alleged or actual ambiguity, discrepancy or inconsistency between disclosures or other statements contained in any Competition-related materials and/or these Official Rules (including any alleged discrepancy or inconsistency in these Official Rules), it will be resolved in Sponsor’s sole discretion. Entrants waive any right to claim ambiguity in the Competition or these Official Rules. If Sponsor determines at any time in its sole discretion that the Prize winner or potential Prize winner is disqualified, ineligible, in violation of these Official Rules, or engaging in behavior that Sponsor deems obnoxious, inappropriate, threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to disqualify that Prize winner or potential Prize winner, even if the disqualified Prize winner or potential Prize winner may have been notified or displayed or announced anywhere. If the Competition is not capable of running as planned for any reason, Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Competition and award the Prize from eligible entries received prior to cancellation, modification, or suspension or as otherwise deemed fair and appropriate by Sponsor. If any person supplies false information, obtains entries by fraudulent means or is otherwise determined to be in violation of these Official Rules in an attempt to obtain any Prize, Sponsor may disqualify that person and seek damages from him or her and that person may be prosecuted to the full extent of the law. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEB SITE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE COMPETITION VIOLATES CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY ENTRANT MAKING SUCH ATTEMPT AND MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
DISPUTES/GOVERNING LAW Each entrant agrees that, except where prohibited by law, (1) any and all disputes, claims and causes of action arising out of or in connection with this Competition, or any Prizes awarded, will be resolved individually, without resorting to any form of class action, and any judicial proceeding arising out of or concerning the Competition will take place in a court located in Ottawa, Ontario, Canada with jurisdiction over Sponsor; (2) any and all claims, judgments and awards will be limited to actual out-of-pocket costs incurred, including costs associated with entering this Competition, but in no event legal fees; and (3) under no circumstances will any entrant be permitted to obtain awards for, and all entrants hereby waive all rights to claim, punitive, incidental, and consequential damages, and any other damages, other than actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All disputes arising out of, concerning or connected to the Competition or the interpretation, validity, enforceability or interpretation of these Competition Official Rules will be governed by and construed in accordance with the laws of Ontario and the laws of Canada applicable therein, without regard to choice-of-law principles.
COMPLAINTS AND APPEALS For residents of the United Kingdom, Australia and New Zealand only: Any complaints or inquiries relating to these Official Rules or to this Competition should be sent by email to email@example.com. An entrant who receives notification from Sponsor that he or she is disqualified from the Competition or from receiving any Prize may request in writing that Sponsor review the decision if the entrant can demonstrate that the decision was based on incorrect information or that the decision was otherwise not in accordance with these Official Rules. A request to review a disqualification decision may be considered by Sponsor if it is received by Sponsor, through the email address listed above, within five (5) business days from the date on which notice of an entrant’s disqualification was transmitted by Sponsor. A request to review a decision to disqualify an entrant must be clearly identified as such in the subject line of the email and must include all necessary information and documentation. If any documents cannot be sent by email, they should be sent to Sponsor (within the period mentioned above) by expedited delivery to the address indicated below, together with a copy of the request for review. Following such request, Sponsor will notify the entrant of its final decision whether to maintain, amend or revoke the original decision. Sponsor’s decision will then become final and binding on the entrant and will not be subject to any further reconsideration, review or appeal.
LIMITATIONS AND EXCLUSIONS OF LIABILITY
Nothing in these Official Rules shall operate to exclude or limit a party’s liability for (i) death or personal injury arising out of that party’s negligence, (ii) fraud or fraudulent misrepresentation committed by that party, (iii) breach of these Official Rules; or (iv) any other liability that cannot be excluded or limited under any applicable law.
SEVERANCE If at any time any provision of these Official Rules is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, that will not affect the legality, validity or enforceability in that jurisdiction of any other provision of these Official Rules nor the legality, validity or enforceability of these Official Rules (including the provision in question) in any other jurisdiction.
COMPETITION RESULTS AND OFFICIAL RULES
To obtain the identity of the Prize winners (within 3 months of the end of the Competition) and/or a copy of these Official Rules (prior to the end of the Competition) (a) send an email to firstname.lastname@example.org with the subject “Inspiring Affiliates Competition”, or (b) send a self-addressed stamped envelope to “Inspiring Affiliates Competition”, Shopify Inc., 150 Elgin Street, Suite 800, Ottawa, Ontario Canada K2P 1L4. Any return address outside of Canada may omit return postage of Official Rules requests. SPONSOR Shopify Inc. 150 Elgin Street, Suite 800 Ottawa, Ontario, Canada, K2P 1L4
Any questions regarding the Competition should be directed to Shopify Inc. at email@example.com.