Shopify × Monday Swimwear Contest on Instagram 2023
NO PURCHASE NECESSARY TO ENTER OR WIN THE CONTEST. A PURCHASE OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS IS A SKILL-BASED CONTEST. VOID WHERE PROHIBITED BY LAW. THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED, OR ADMINISTERED BY, OR ASSOCIATED WITH, Instagram.
BY ENTERING (OR OTHERWISE PARTICIPATING) IN THE CONTEST, YOU MUST AGREE TO THESE OFFICIAL RULES (COLLECTIVELY, “OFFICIAL RULES”), WHICH CREATE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, SUCH CONTRACT INCLUDES GRANTS OF RIGHTS AND INDEMNITIES TO SPONSOR FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
The Shopify × Monday Swimwear Contest on Instagram 2023 (the “Contest”) is open only to legal residents of the United States excluding New York, the District of Columbia, and Canada excluding Québec (the “Territory”) who are at least 18 years of age and have reached the legal age of majority in their country, state, or territory of residence at the time of entry. ENTRANTS MUST BE INDIVIDUALS WITH AN EXISTING CONSUMER PRODUCT BUSINESS OR BUSINESS PLAN TO SELL A TANGIBLE PRODUCT ONLINE IN THE TERRITORY. Internet access is required for entry. Employees, representatives, agents, officers and directors (and each of their immediate family members (i.e., parents, legal guardians, children, grandparents, grandchildren, spouses or siblings and their respective spouses)) and those living in their same households, whether or not legally related, of Monday Swimwear, LLC (“Monday Swimwear” or “Sponsor”) or Shopify Inc. (“Shopify”), and each of their parents, affiliates, subsidiaries and advertising and promotion agencies are not eligible to enter or win the Contest. By participating, entrants agree to be bound by these Official Rules and the decisions of the judges (defined below) and/or Sponsor, which are binding and final on matters relating to the Contest, including, without limitation, interpretation of the Official Rules. VOID WHERE PROHIBITED BY LAW.
2. Entry Period.
The Contest begins on or about 10:00 a.m. United States Eastern Time on May 19, 2023 and all entries must be received by the Sponsor on or before 11.59 p.m. United States Eastern Time May 23, 2023, subject to extension by the Sponsor in its sole and absolute discretion (the “Entry Period”). Sponsor’s computer is the official time keeping device for the Contest. All entries must be received during the Entry Period.
3. How to Enter.
To enter the Contest, during the Entry Period, visit the Instagram app, log into your Instagram account, watch the Instagram reel video posted by Monday Swimwear and Shopify at the beginning of the Entry Period inviting potential participants to enter the Contest (“Announcement”), and reply to the Announcement with a comment tagging your own business and describing what inspired you to start your business. Your reply comment should respond to the Announcement, tag your business’s Instagram account, describe what inspired you to start your business, and meet the requirements herein.
You must be a member of Instagram and your account as well as the tagged business account must be set to the “public” setting; joining Instagram is free. Upon submitting a reply comment to the Announcement that meets the requirements herein you will be entered (subject to eligibility). There is no limit to the number of entries an individual may submit to the Contest during the Entry Period; however, each entry may contain only one (1) response to the Announcement and each reply comment may only be submitted one (1) time.
For the purpose of the Contest, a submission is a reply comment to the Announcement uploaded to Instagram that follows the technical, creative, and legal requirements disclosed in these Official Rules. A submission may in Sponsor’s sole and absolute discretion be rejected if it fails to follow the technical, creative, and legal requirements disclosed in these Official Rules. All eligible submissions to the Contest will be an entry in the Contest. Proof of posting a reply comment to Instagram does not constitute proof of actual receipt of an entry by Sponsor. Those who do not follow all of the instructions or abide by these Official Rules or other instructions of Sponsor may be disqualified in Sponsor’s sole and absolute discretion. All entries that are late, illegible, incomplete, damaged, destroyed, forged or otherwise not in compliance with the Official Rules may be disqualified from the Contest in Sponsor’s sole and absolute discretion. Entries generated by script, macro or other automated means and entries by any means which subvert the entry process are void.
In the event of a dispute as to the identity of any entrant who submits an entry, the entry will be deemed submitted by the holder of the email account associated with the Instagram account from which it was posted but only if such person is otherwise eligible. The “account holder” is the person assigned an e-mail address or service by the organization responsible for assigning addresses for the domain associated with the submitted address. Winner(s) may be required to show proof of being the registered account holder. If a dispute cannot be resolved to the Sponsor’s satisfaction, the entry will be deemed ineligible. Sponsor and affiliated entities are not responsible for lost, misdirected, misplaced, stolen, tampered with, deleted, or invalid entries. Assurance of delivery of entries is the sole responsibility of the entrant.
Sponsor is not responsible for any expenses incurred in the creation and uploading of the Contest entry. Message and data rates and wireless Internet access charges may apply to use of a mobile device for Contest entry.
By submitting an entry to the Contest, entrant understands and agrees that their Submission may be publicly displayed, featured, and accessible on Instagram and/or other Sponsor affiliated websites without any further notification to or consent from entrant.
4. Submission Content Guidelines.
Submissions that do not meet the following “Content Guidelines” are subject to disqualification in Sponsor’s sole and absolute discretion:
- Submitted entries must be posted as reply comments to the Announcement.
- Submitted entries must tag a business for sales of a product that can be sold and fulfilled via an ecommerce storefront, expressly excluding any business which is engaged in the sale, lease, rental, or subscription services of or related to any of the following: cannabis, alcohol, pornography, firearms, knives, explosives (or any other weapons), pharmaceutical or naturopathic products, currency, cryptocurrency (or any other financial instruments), products comprised of mobile or other electronic applications, illegal or hateful materials (including without limitation any materials which promote or condone hate or violence against people based on race, ethnicity, color, national origin, religion, age, gender, sexual orientation, disability, medical status, or other forms of discriminatory intolerance), or any business or product which violates the Acceptable Use Policy of Shopify, available at: https://www.shopify.com/legal/aup (“Prohibited Content”).
- Except for materials that are in the public domain, each submission, in its entirety, must be a single work of original material created by the entrant and suitable for presentation in a public forum.
- Submissions must not have been submitted previously in any contest of any kind.
- Except for materials in the public domain, submissions must include only materials created by the entrant and must not infringe on the intellectual property rights or other of any other person or entity. Sponsor does not permit the infringement of others’ rights and any use of materials not original to the entrant is grounds for disqualification from the Contest. Do not include materials, images, graphics, music or trademarks belonging to any third parties. Do not depict or incorporate the names, voices, likeness or personas of any party other than yourself unless you have obtained all rights necessary from such other party (and their parent/legal guardian, if they are under the legal age of majority in their jurisdiction of residence) to permit you to use same in connection with your submission and grant the rights herein granted to Sponsor. Entries that contain third-party brand names, trademarks or company logos may be disqualified.
- Submissions must not include material that: (a) is sexually explicit, indecent, obscene, violent, hateful, tortuous, defamatory, slanderous or libelous; (b) is derogatory or promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (c) invades the privacy or publicity rights of any person, living or deceased; (d) is unlawful; (e) contains viruses, trojan horses or other technologies that could adversely impact the Contest; and/or (f) is disparaging to Sponsor or is inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate (in Sponsor’s sole and absolute discretion).
- Each submission should not reveal any personal information about another individual, including another person’s address, phone number, e-mail address, credit card number or any information that may be used to track, contact or impersonate that individual except as necessary to establish permission from any individuals that appear in the submission.
- Submissions must not show or promote unlawful activities or any activities that may appear unsafe or dangerous, including any reference to drugs or alcohol use and/or abuse.
- Neither entrant nor any individual featured in entrant’s submission may be: (a) under a contractual relationship that would in any way limit or impair Sponsor’s ability to display the Submission royalty-free, worldwide, in perpetuity, in any media form; or (b) under any other contractual relationship, that may prohibit them from participating fully in this Contest.
- Businesses identified in the entry should be the owned business of the entrant.
5. Determining the Winner.
At the end of the Entry Period on or about May 23, 2023, each submission will be reviewed by a team of judges made up of members of the Shopify team (the “Judges”) who will review, judge, and assign a score to all eligible submissions based on the following weighted judging criteria (collectively, the “Judging Criteria”):
- 25% creativity and quality of submission;
- 25% Business plan viability;
- 25% Perceived product or business quality, clarity and logic; and
- 25% Overall impact.
The Shopify judges will pick the top ten (10) submissions based on the Judging Criteria and submit those entries to a team of judges made up of members of the Monday Swimwear team who will review, judge, and assign a score to the submissions selected by the Shopify judges, based on the Judging Criteria.
There will be one (1) first prize winner and five (5) second prize winners. The one (1) submission with the highest score, as determined by the Monday Swimwear judges according to the Judging Criteria in their sole and absolute discretion, will be selected as the potential first-place prize winner. The submissions with the second through sixth highest scores, as determined by the Monday Swimwear judges according to the Judging Criteria in their sole and absolute discretion, will be selected as the potential second-place prize winners. LIMIT: ONE (1) PRIZE PER PERSON. ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
All potential “Winner(s)” are subject to confirmation that the potential Winner(s) have met the eligibility requirements and complied with these Official Rules. If two submissions receive the identical high total score after the judges apply the Judging Criteria, Sponsor will bring in a tie-breaking judge from the Monday Swimwear team to apply the same Judging Criteria to break the tie and determine the Winners.
6. Winner Notification.
The potential Winner(s) will be notified by Instagram direct message on or about May 26, 2023, unless extended by Sponsor. It is an entrant’s responsibility to monitor their Instagram message account to see if she or he is a potential Winner. Potential Winners will need to send their email address, complete name, and mailing address to Sponsor within three (3) days of issuance of a Winner notification. Except where prohibited by law, the potential Winner(s) will be required to execute and return an affidavit of eligibility, a liability release, a publicity release and services and performances agreements (collectively, “Prize Acceptance Documents”) within three (3) days of date of issuance of a Winner notification. If such documents are not returned within the specified time period, a prize or prize notification is returned as undeliverable, Sponsor is unable to contact a potential Winner, or a potential Winner is not in compliance with these Official Rules, the prizes will be forfeited and, in Sponsor’s discretion, an alternate winner will be selected based on the next highest score as determined using the above Judging Criteria.
Non-compliance shall result in disqualification and award of the prize to an alternate Winner. If any potential Winner is found to be ineligible, or if he or she has not complied with these Official Rules, or declines the prize for any reason prior to award, such potential Winner may be disqualified and an alternate potential Winner may be selected. The Sponsor is not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential Winners.
- First Prize. Only one (1) first prize will be awarded. The eligible first prize winner will receive:
- Trip for first prize winner to travel to Los Angeles, California to meet attend the Founder & Creator Dinner hosted by Shopify and Monday Swimwear scheduled to take place on or around June 7, 2023 (subject to change of dates in Monday Swimwear’s and Shopify’s sole discretion);
- Round-trip coach class air transportation for Winner from a major U.S. gateway airport nearest Winner’s residence to a Los Angeles, California area airport. If the Winner resides within a 100-mile radius of Los Angeles, California, then ground transportation will be provided in lieu of air transportation and no compensation or substitution will be provided for any difference in prize value;
- One (1) standard hotel accommodation (single occupancy, room and tax only) for two (2) nights at a hotel in the Los Angeles, California area;
- $100 each day meal credit for two (2) days;
- Ground transportation for Winner to/from (a) Los Angeles, California area airport and hotel; (b) location for attending the Founder & Creator Dinner hosted by Shopify and Monday Swimwear.
- Second Prize. Each of the five (5) second prize winners will win a Shopify swag package comprising: Entrepreneur Crewneck, Shopify Logo Tee, Business as Usual Socks.
The total ARV of all prizes to be awarded is two thousand eight hundred ninety dollars (USD$2,890.00).
Sponsor will provide Winners with instructions on how to redeem their prizes. Winners must follow all of Sponsor’s instructions and submit all required information and paperwork, as determined by Sponsor in its sole discretion, in order to receive their prizes. Second prizes will be delivered (through the mail to the address provided) no later than June 16, 2023. First prize will be delivered in accordance with the travel arrangements made by Sponsor.
The first prize trip must be taken on dates specified by Sponsor or prize will be forfeited, and Sponsor will have no further obligation to such Winner. Travel restrictions, conditions, and limitations may apply. Travel arrangements are subject to availability. The Winner of the first prize must respond promptly to Sponsor’s request regarding travel arrangements in connection with the first prize. Travel must be made through Sponsor on a carrier of Sponsor’s choice. Tickets and passes are subject to certain terms and conditions as specified thereon. Seat locations will be determined by Sponsor. The first prize Winner must provide their own transportation to/from airport of departure. The first prize Winner is solely responsible for obtaining any and all necessary travel documentation requirements (including, but not limited to, valid photo I.D., passport, etc.) before departure. The Released Parties (as defined below) shall not be responsible for any damage to baggage or any cancellations, delays, diversions or substitutions or any acts or omissions whatsoever by the air carriers, hotels or other transportation companies or any other persons providing any element of the first prize or associated with the first prize. Airline carrier and hotel regulations and conditions apply. The first prize is not valid for upgrades. All tickets issued in conjunction with the first prize are not eligible for frequent flyer miles. All arrangements are subject to change, availability, holiday, blackout dates, and other restrictions. Trip arrangements cannot be changed by the first prize Winner. The first prize Winner agrees to comply with all Monday Swimwear and Shopify location and production rules and regulations and agrees not to act in a disruptive manner. Should the first prize Winner act in contravention of the foregoing, Sponsor may, in its sole discretion and without recourse, withhold all elements of the first prize that have yet to be awarded when the act or behavior is exhibited.
All costs and expenses related to prize acceptance and use not specified herein as being awarded shall be the sole responsibility of the Winner, including, but not limited to: (a) all federal, state, provincial, and local taxes; and (b) any additional transportation costs, luggage fees, hotel incidentals, meals, souvenirs, and gratuities incurred by the first prize Winner. The dates for fulfillment of the prizes are subject to change in Sponsor’s sole discretion. Sponsor reserves the right to modify the Contest in its sole discretion and award a substitute prize, or portion of a prize, of comparable or greater value as set forth in these Official Rules.
Prizes pictured in online, television, print advertising, and other Contest materials are for illustrative purposes only. Arrangements for the fulfillment of the prizes, including all travel arrangements, will be made by Sponsor.
In the event any event or portion of the first prize is unavailable, delayed, postponed, or canceled for any reason, including, but not limited to, any government restriction, public health threat, or similar circumstance associated with the COVID-19 pandemic, such portion of the first prize is forfeited in its entirety and no substitution will be provided except as in Sponsor’s sole discretion.
Prizes are non-transferable, with no cash redemptions, equivalents, or substitutions except in Sponsor’s sole and absolute discretion. All prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion. Sponsor will not replace any lost or stolen prizes. Prize details and availability are subject to change, and in the event that Sponsor is unable to provide a Winner with their prize, the Sponsor may elect to provide Winner(s) with an alternate prize of comparable or greater value. The ARV of the prize(s) is based on available information provided to Sponsor and the value of any prize awarded to a Winner may be reported for tax purposes as required by law. The Winner(s) may be required to provide Sponsor with a valid social security number or tax identification number for tax reporting purposes before the prize will be awarded (as required in Winner’s applicable jurisdiction of residence). An IRS Form 1099 may be issued in the name of Winner(s) for the value of the prize(s) received. Unclaimed prize(s) will be forfeited.
8. General Conditions.
Sponsor reserves the right to cancel, suspend, and/or modify the Contest, or any part of it, if any fraud, technical failures, or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. Sponsor is not responsible for lost, late, incomplete, damaged, stolen, misdirected, or illegible entries; lost, interrupted, or unavailable network, server, or other connections, garbled transmissions or miscommunications, or telephone transmission problems; computer or software malfunctions or damage to a user’s computer equipment (software or hardware); technical failures; or other errors or malfunctions of any kind whether human, mechanical, electronic, or otherwise. Proof of sending or submission of entry will not be deemed proof of receipt by Sponsor. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR INSTAGRAM ACCOUNT ASSOCIATED WITH THIS CONTEST OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR AND SHOPIFY RESERVE THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the entry process, any website or account associated with the Contest, and/or the legitimate operation of the Contest; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. If, for any reason, the Contest is not capable of running as planned, Sponsor may, in its sole discretion, void any suspect entries and: (a) modify the Contest or suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules; or (b) award the prizes in accordance with section 5 above from among the eligible, non-suspect entries received up to the time of the impairment.
10. Publicity; Limitations of Liability; Releases; Intellectual Property
- By participating in this Contest, entrants agree that Sponsor, Shopify, Instagram, and their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, web masters, and their respective officers, directors, employees, representatives, successors, assigns, and agents (the “Released Parties”) are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use or misuse of any prize. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming, or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed Sponsor reserves the right to award only the stated number of prizes pursuant to the Judging Criteria set forth in section 5 above from among all legitimate, un-awarded, eligible prize claims.
- BY PARTICIPATING IN THIS CONTEST, ENTRANTS AGREE THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES, OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF A PRIZE, ENTRY, OR PARTICIPATION IN THIS CONTEST OR IN ANY CONTEST RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO TRAVEL CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, TERRORISM, OR ACTUAL OR THREATENED PUBLIC HEALTH CRISES (INCLUDING, WITHOUT LIMITATION, PANDEMICS AND EPIDEMICS AND ANY GOVERNMENT SHUTDOWNS OR RESTRICTIONS RELATED THERETO).
- WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS CONTEST, INCLUDING ALL PRIZES, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
- SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
- EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY APPLICABLE JURISDICTION ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
- PUBLICITY RELEASE. EXCEPT WHERE PROHIBITED BY LAW, WINNER GRANTS TO SPONSOR AND SHOPIFY (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR OR SHOPIFY), THEIR SUBSIDIARIES, AFFILIATES, RETAILERS, DISTRIBUTORS, ADVERTISING AND PROMOTIONS AGENCIES, SUPPLIERS, AND THOSE ACTING PURSUANT TO ITS AUTHORITY, THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLDWIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, AT ANY TIME OR TIMES, EACH WINNER’S NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, SOCIAL MEDIA HANDLE, AND BIOGRAPHICAL INFORMATION FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION. Nothing contained herein shall be deemed to obligate Sponsor or Shopify to make use of any of the rights granted herein and Winners waive any right to inspect or approve any such use of any and every nature and kind.
11. Governing Law / Disputes / Arbitration.
EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, EACH ENTRANT AGREES THAT: (a) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS CONTEST OR ANY PRIZE AWARDED SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE PROVINCE OF ONTARIO, AND THE FEDERAL LAWS OF CANADA APPLICABLE THEREIN. THE ENTRANT HEREBY ACCEPTS THE JURISDICTION OF THE FEDERAL AND PROVINCIAL COURTS WITHIN ONTARIO WITH RESPECT TO ANY LEGAL ACTIONS, SUITS, OR PROCEEDINGS ARISING OUT OF OR RELATED TO THIS CONTEST AND AGREES NOT TO OPPOSE ANY ACTION BROUGHT IN ONTARIO ON THE BASIS THAT THE COURTS OF ONTARIO ARE NOT AN APPROPRIATE OR CONVENIENT FORUM FOR SAME; (b) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED (NOT TO EXCEED $10 USD), BUT IN NO EVENT ATTORNEYS’ FEES; (c) NO PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, MAY BE AWARDED (COLLECTIVELY, "SPECIAL DAMAGES") AND ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM SPECIAL DAMAGES AND ALL RIGHTS TO HAVE SUCH DAMAGES MULTIPLIED OR INCREASED. ONTARIO LAW, WITHOUT REFERENCE TO ONTARIO’S CHOICE OF LAW RULES, GOVERNS THE CONTEST AND ALL ASPECTS RELATED HERETO.
12. Nature of Relationship / Waiver of Equitable Relief.
Each entrant understands and acknowledges that Sponsor and Shopify have wide access to ideas, designs, and other materials, and that new ideas are constantly being submitted to Sponsor or Shopify or being developed by Sponsor’s or Shopify’s own employees. Each entrant also acknowledges that many ideas may be competitive with, similar or identical to the submission and/or each other in theme, idea, 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 or Shopify’s use of any such similar or identical material. Each entrant acknowledges and agrees that Sponsor and Shopify do not now and shall 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 copyright in and to the submission. Finally, each entrant acknowledges that, with respect to any claim by an entrant relating to or arising out of Sponsor’s or Shopify’s actual or alleged exploitation or use of any submission or other material submitted in connection with the Contest, 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 the submission, and the entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
13. List of Contest Winners / Official Rules Requests.
To find out who won, email firstname.lastname@example.org with the subject line “Shopify x Monday Swimwear Contest – Winners List.” Requests must be received no later than three (3) months following the end of the Entry Period. For a copy of these Official Rules, email email@example.com with the subject line “Shopify x Monday Swimwear Contest – Rules” prior to the end of the Entry Period.
14. Identification of Sponsor.
The Contest is sponsored by Monday Swimwear, LLC with an address at 8644 Wilshire Blvd, Suite 204, Beverly Hills, CA 90211 and prizing is sponsored by Shopify Inc. with an address at 151 O’Connor St, Ground Floor, Ottawa, Ontario K2P 2L8. Any questions, comments or complaints regarding the Contest should be directed to Monday Swimwear by email to firstname.lastname@example.org.
15. Information Submitted.