Shopify & Dribbble “Design Taught Me” Competition 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 DRIBBBLE “PLAYER” 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 Shopify & Dribbble “Design Taught Me” Competition (“Competition”) is open to legal residents of any one (1) of the fifty (50) United States or the District of Columbia, Australia, Canada (excluding Quebec), and the United Kingdom (collectively, "Territory") who are over the age of majority in their country or state/province/territory of residence and who are registered users of Dribbble at the time of entry and throughout the prize award with a “Player” level account that enables the potential entrant to upload designs to Dribbble. Employees, officers, directors, members, managers, agents, and representatives of Sponsor, Dribbble, LLC (“Dribbble”), their respective divisions, affiliates, subsidiaries, or any advertising agencies associated with this Competition, and relatives of and those living in the same household as such individuals are prohibited from entering. For the purpose of this Competition, relatives are defined as spouse, partner, parent, legal guardian, in-law, grandparent, sibling, child and grandchild. Void where prohibited by law.
The Competition is sponsored by Shopify Inc. (“Sponsor”), 150 Elgin Street, Suite 800, Ottawa, Ontario, Canada K2P 1L4.
Agreement to Official Rules
By participating in this Competition, entrants agree to these Official Rules, which are a contract, so read them carefully before entering. To the extent permitted by law, this contract includes a limitation of your rights and remedies. You also agree that your participation in this Competition is subject to compliance with the Dribbble Terms of Service located at https://dribbble.com/terms (“Dribbble TOS”). Sponsor reserves the right to make reasonable amendments to these Official Rules at any time, to qualify and verify all submissions, and to reject any submissions that do not meet the requirements for participation as established by Sponsor. All decisions made by Sponsor concerning this Competition shall be final and binding on all entrants, in all respects. Each winner will be required to participate in the prize fulfillment process and sign documentation, such as a release, within the time frame specified by Sponsor, as more fully detailed below.
The Competition begins on October 15, 2015, at 12:01:00 A.M. North American Eastern Time (ET) and ends on October 30, 2015, at 11:59:59 P.M. ET (the “Competition Period”). Eligible individuals may enter the Competition by creating and submitting via Dribbble an original artistic work responding to the prompt “Design taught me…”, as more fully described below. Following the close of the Competition Period, one (1) grand-prize winner, two (2) runners-up, and ten (10) honourable mention winners will be selected through a judging process, as more fully detailed below.
How to Enter
During or shortly before the start of the Competition Period, Sponsor will post a “shot” from its Dribbble account, https://dribbble.com/shopify (“Starting Shot”). The Starting Shot will ask potential entrants to submit a “rebound” post to the Starting Shot responding to the theme “Design Taught Me…” A potential entrant should first create an original artistic work responding to the “Design Taught Me…” theme (“Entrant Artwork”). Then, during the Competition Period, the potential entrant may enter the Competition by posting his or her Entrant Artwork from his/her Dribbble account as a “rebound” to the Starting Shot (“Entry Post”). Your Entrant Artwork may respond to the “Design Taught Me…” prompt in any way that you see fit, provided that it must fully comply with the terms of these Official Rules (including the “Submission Requirements” section below) and any restrictions imposed by the Dribbble platform (including any file size, file type, or other technical restrictions imposed on uploads). YOUR ENTRY POST MUST BE SUBMITTED AS A REBOUND TO SPONSOR’S STARTING SHOT OR IT WILL NOT BE ENTERED INTO THIS COMPETITION.
Only Dribbble accounts associated with an individual may be used for entry in this Competition; entries received from a Dribbble account associated with any organization, company, corporation, partnership or other entity will be void. Your Entry Post will appear on your Dribbble account profile and may be visible to other users or the public. Entry Posts must be received and identifiable by Sponsor during the Competition Period or they will be void. Entries are “received” when the Dribbble platform’s database records the completed Entry Post and the Entry Post is viewable by Sponsor as a “rebound.” Other proof of submitting a purported entry (such as a printed or copied screenshot of your purported Entry Post) does not constitute actual receipt of the Entry Post for purposes of this Competition. Your Entry Post must remain active on your Dribbble account and viewable by Sponsor through winner selection and prize award for this Competition. Entry Posts that are not both actually visible and received by Sponsor during the Competition Period will not be entered into Competition. Sponsor reserves the right to disqualify any entry associated with an Entry Post that contains (i) content in addition to the required content, (ii) content that Sponsor deems obscene, offensive, harmful, or inappropriate, (iii) any language communicating messages inconsistent with the positive images with which Sponsor wishes to associate itself, or (iv) any content that otherwise violates the Official Rules (all as determined by Sponsor in its sole discretion). Attempts at entry identified or received outside the Competition Period will be void.
There is no limit to the number of Entry Posts you may submit in this Competition, provided that each Entry Post must contain a different, original piece of Entrant Artwork. Normal Internet access and usage charges imposed by your Internet Service Provider may apply. Entries must be submitted and received by Sponsor during the Competition Period through Dribbble and in strict accordance with the instructions and restrictions in these Official Rules. Those who do not follow all of the instructions, provide the required information in their entry, or abide by these Official Rules will be disqualified and any associated entry void. Sponsor reserves the right, in its sole discretion, to disqualify any individual entrant from participating in this Competition for conduct that violates these rules or that, in Sponsor’s reasonable judgment, compromises the fairness of this Competition. Purported entries that are incomplete, lost, late, misdirected, mutilated, illegitimate, incomprehensible, garbled, or generated by a macro, bot, or other automated means will not be accepted and will be void. Entries made on your behalf by another, made by you on behalf of any other individual, or made by any entity, and/or originating at or using any web site or online service not operated by Dribbble as part of the Dribbble platform, including, without limitation, commercial promotion subscription notification and/or entering service sites, 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.
Your Entry Post must meet all of the following requirements, as determined by Sponsor in its sole discretion, or the associated entry may be disqualified:
- Your Entrant Artwork must have been created by you expressly for use in this Competition. You may not reuse any design or artwork you previously created.
- All aspects of the Entry Post must be originally created by and solely owned by you or be in the public domain. All third-party content and content not original to you (unless it is in the public domain) is prohibited.
- Entry Post must NOT depict, identify, or include any person other than the entrant, unless the person depicted is the age of majority in his or her jurisdiction of residence and entrant has such person’s explicit written consent to include him/her in the Entry Post, adequate proof of which (as determined by Sponsor) will be provided by entrant to Sponsor upon request as a condition of winning any prize in this Competition.
- Entry Post must not create or imply any association between Sponsor and any individual or entity or his, her, or its products or services.
- Entry Post must not contain any commercial or corporate advertising (including, without limitation, corporate logos, brand names, and slogans) or reference to recognizable branded products.
- 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 rights of privacy or publicity.
- Entry Post must not include information or content that is false, fraudulent, deceptive, misleading, defamatory, libelous (including trade libel), threatening, disparaging, unlawfully harassing, profane, obscene, pornographic, hateful, indecent, inappropriate or injurious to any individual, any Released Party (defined below), or any third party.
- Entry Post must not contain or describe any harmful or illegal activity or content or in any way violate any federal, national, state, provincial, territorial, or local law, rule, or regulation.
- Entry Post must be suitable for presentation in a public forum.
- Entrant agrees that his/her participation in the Competition and agreement to these Official Rules and any Released Party’s (defined below) display and use of his/her Entry Post in accordance with the rights granted hereunder will not violate any agreement to which entrant is a signatory or party.
- Entrant agrees to indemnify (i.e., defend and/or reimburse) 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 in accordance with the rights granted in these Official Rules.
Selection of Winners
Eligible Entry Posts will be judged by a panel of judges chosen in Sponsor’s sole discretion (“the Judges”), based on the following criteria according to the percentage weights indicated: extent to which entry responds to the “Design taught me…” prompt (20%); creativity and originality of composition (40%); execution of design and demonstration of technical skill (30%); and results of the popular vote (10%) (“Criteria”).
The Entry Post with the highest score will be selected as the potential grand-prize winner, the two (2) Entry Posts with the next highest scores will be selected as the potential runners-up, and the ten (10) Entry Posts with the next highest scores will be selected as the honourable-mention winners. In the event of a tie in the selection of a winner, the tie will be broken by naming as the winner the entry with the higher score on the creativity-and-originality Criterion. If there is still a tie, the tie will be broken by naming as the winner the entry with the higher score on the responsiveness-to-prompt Criterion.
The public vote score will be determined as follows: throughout the Competition Period, visitors to the Dribbble service who have a Dribbble user account will be able to “like” Entry Posts by clicking the heart icon next to the Entry Artwork. Each “like” that an Entry Post receives will be counted as a vote for that Entry Post. Entrants are prohibited from obtaining votes by any fraudulent or inappropriate means, as determined by the Sponsor in its sole discretion, including, without limitation, by offering prizes or other incentives or inducements in exchange for votes. Use of these techniques, or of any script, macro, or other automated or artificial system to vote, or acting in any manner with the intent or effect of impairing the integrity of the voting process, is prohibited and all such votes will, upon discovery by the Sponsor, be deemed null and void and may lead to the disqualification of the applicable entrant. The Entry Post that receives the most votes in the public vote will receive ten points (i.e., all 10%) from the Judges when evaluating and scoring Entry Posts, the Entry Post that receives the second-most votes will receive nine points (i.e., 9%) and so on all the way down to the Entry Post with the tenth highest amount of votes, which will receive one point (i.e., 1%). Notwithstanding the above, any Entry Post receiving zero votes will get zero points for the public vote score. For clarification, in the event that fewer than ten Entry Posts receive any votes, only the Entry Posts receiving votes will receive points in the public vote score. In the event of a tie, both Entry Posts will get the most points possible for the applicable ranking. For example, if two Entry Posts received 100 votes and that was the highest amount achieved among all Entry Posts, the tied Entry Posts would each get ten points (i.e., all 10%).
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. Each entrant acknowledges that other entrants may have created ideas and concepts contained in their Entrant Artwork that may have familiarities or similarities to his/her Entrant Artwork, and that he/she will not be entitled to any compensation or right to negotiate with the Released Parties (defined below) because of these familiarities or similarities.
Notification of Potential Prize Winners
Within approximately fifteen (15) business days of the conclusion of the Competition Period, Sponsor will post a comment announcing the potential winners on the Dribbble page for the Starting Shot, as well as on each potentially winning Entry Post on Dribbble. Each comment will instruct the potential winner to email Sponsor at an email address included in the comment. Sponsor may instead choose or may also choose to send the potential winner the same information through a direct message on Dribbble. Such potential winner must then respond to Sponsor’s comment or direct message as instructed within five (5) business days after the comment was made or message was sent. Once an email from the potential winner is received by Sponsor, Sponsor will reply to such email with a unique code. Then, to verify the email account holder is also the Dribbble account holder who posted the potentially winning Entry Post, such potential winner must comment on the same Entry Post (initially commented on by Sponsor or described in Sponsor’s direct message) with the unique code provided by Sponsor. Such comment must be posted within two (2) business days after the unique code is emailed to such potential winner. Once such potential winner correctly posts the unique code in accordance with the process set forth above, Sponsor will contact such potential winner by email asking such potential winner to respond with his/her full name, mailing address and other information. Such potential winner will be required to respond within five (5) business days. Entrants are encouraged to monitor their Dribbble accounts for correspondence from Sponsor. Failure to timely complete any of the steps above for any reason may result in disqualification and an alternate winner may be selected in accordance with the winner selection method set forth above.
The prizes, if legitimately claimed, will be awarded. Sponsor will not be obligated to pursue more than three (3) alternate winners (time permitting) for each prize for any reason, in which case the applicable prize may go unawarded. In the event of a dispute about the identity of an entrant, Sponsor will settle the dispute in its sole discretion and Sponsor’s decision will be final and may involve disqualifying all disputed entries. Prize elements will only be mailed to winner’s address in the Territory. If any prize, prize notification, or Competition-related communication is rejected, faulty, or returned as undeliverable or if the potential winner does not respond according to the notification’s or Sponsor’s instructions or otherwise fails to comply with these Official Rules, the prize may, in Sponsor’s sole discretion, be forfeited and an alternate winner may be selected (time permitting and in accordance with the judging procedure set forth above). Upon prize forfeiture, no compensation will be given and Sponsor will have no responsibility or liability to that entrant. To claim a prize, each potential winner must follow the directions in his or her notification. Sponsor reserves the right to modify the notification procedures in connection with the selection of any alternate potential winner, if any.
One (1) grand-prize winner, subject to verification, will receive a prize package consisting solely of the following: four thousand United States Dollars ($4,000 USD); ten (10) top design resources, including books, courses and magazine subscriptions (precise items to be determined by Sponsor in its sole discretion); one (1) year of Dribbble Pro service; and select Shopify- and Dribbble-branded “Swag” (precise items to be determined by Sponsor in its sole discretion). ARV of grand prize: $5,000 USD.
Two (2) runners-up, subject to verification, will each receive a prize package consisting solely of the following: five hundred United States Dollars ($500 USD); and one (1) year of Dribbble Pro service. ARV of each runner-up prize: $520 USD.
Ten (10) honourable-mention winners, subject to verification, will each receive a prize package consisting solely of the following: one hundred United States Dollars ($100 USD); one (1) year of Dribbble Pro service; and select Shopify-branded “Swag” (precise items to be determined by Sponsor in its sole discretion). ARV of each honourable-mention prize: $250 USD.
Total ARV of all prizes offered in this Competition: $8,540 USD.
Winners agree that, subject to the "Limitations and Exclusions of Liability" section below, Sponsor is not liable for any damages, costs or injuries sustained in connection with accepting any prize in this Competition.
General Prize Requirements
The following applies to all prizes in this Competition
Prize details not specifically stated in these Official Rules (including the type, size, and color of all Shopify swag) will be determined by Sponsor in its sole discretion. Gift cards and admission passes are subject to the terms and conditions imposed by their respective issuers. All taxes and duties, if any, on a prize are the sole responsibility of the applicable prize winner. All expenses associated with acceptance and use of a prize and not specified above as being part of the prize, including but not limited to travel, lodging, meals, insurance, and all other ancillary costs, are excluded and are the sole responsibility of the applicable prize winner. The prize winners may not request prize substitution or cash redemption. No prize is transferable or exchangeable for cash. Sponsor reserves the right to alter components of any prize in its sole discretion and replace them with other components of equal or greater value. Sponsor is not responsible for any inability of any winner to accept or use any prize (or portion thereof) for any reason. If a 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. As a condition to the award of any prize, each potential prize winner may be required to execute and return to Sponsor within five (5) business days of receipt: (i) an affidavit/declaration/certificate of eligibility affirming each Winner’s compliance with these rules; (ii) a publicity release; (iii) a release, subject to the Limitations and Exclusions of Liability section below, of Sponsor, Dribbble, and their respective officers, directors, employees, affiliated companies, agents, partners, suppliers, distributors, advertising and promotional agencies, successors and assigns (collectively, the “Released Parties”) from and against any claim or cause of action arising out of participation in the Competition or acceptance of any prize; and (iv) all documents Sponsor may require in its sole discretion confirming the tax obligations, if any, of each prize winner. If any potential winner fails to sign and timely return the foregoing documents, and any others that may reasonably be required, to Sponsor, that potential winner may be disqualified, and the relevant prize may thereafter be awarded to an alternate prize winner from the remaining valid entries using the same criteria specified above. Sponsor is not responsible for and will not replace any lost, mutilated, or stolen prize, or any prize that is undeliverable or does not reach a winner because of incorrect or changed contact information. No more than the stated prizes will be awarded.
Release and Publicity
Each entrant hereby consents to the use of his or her name, address and Entry Post by Sponsor and its licensees and assigns 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 (i.e., DEFEND FROM AND REIMBURSE FOR) AND HOLD HARMLESS 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 OR 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.
Subject to the Non-Excludable Guarantees, all participants agree that Released Parties are not responsible and/or liable for any of the following, whether caused by a Released Party, the entrant or by human error: entries or votes that are submitted by illegitimate means (such as, without limitation, by an automated computer program); any lost, late, incomplete, illegible, unintelligible, mutilated, or misdirected entries, email, 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 email account to receive email messages. Released Parties are not responsible, and may disqualify an entrant, if his or her email 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 Dribbble platform that may interfere with the Competition (including any limitations, any restrictions, or any conditions on Sponsor's ability to use that service for the Competition as set forth herein that are not acceptable to Sponsor) or ability of 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 winner or any person claiming through such entrant or 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, regulation, order or request proves to be invalid), equipment failure, blackout, threatened or actual terrorist acts, air raid, act of public enemy, war (declared or undeclared), earthquake, fire, explosion, epidemic, flood, unusually severe weather, hurricane, embargo, labour dispute or strike (whether legal or illegal), labour 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, territorial, or local government authority, or any other cause beyond Sponsor’s reasonable control, whether or not specifically mentioned above.
Entrants agree to not damage or cause interruption of the Competition and/or prevent others from participating in the Competition. Sponsor reserves the right to restrict or void entries or participation from any Dribbble account or IP address if any suspicious entry and/or participation is detected. Sponsor reserves the right, in its sole discretion, to void entries or votes (as applicable) of any entrants or participants 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 within 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 a winner or potential winner is disqualified, ineligible, in violation of these Official Rules, or engaging in behaviour 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 winner or potential winner, even if the disqualified winner or potential 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 PARTICIPANT MAKING SUCH ATTEMPT AND MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
If you are selected as a winner in this Competition, your Entry Post, including, without limitation, your Entrant Artwork, may be publicly posted on Sponsor properties and elsewhere online in connection with this Competition, including, without limitation, on the Sponsor’s Shopify Partner Blog and Sponsor’s social-media accounts and you hereby grant the Sponsor and its respective licensees a royalty-free, perpetual, worldwide right and license to do so. In addition, you acknowledge and agree that your Entry Post may be shared, posted, linked to, or otherwise used online or elsewhere by others solely by virtue of posting it in connection with this Competition. You consent to the Sponsor and third parties doing (or omitting to do) any act in respect of your Entry Post (including your Entrant Artwork) which may otherwise constitute an infringement of the your moral rights. You agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against any Released Party on the grounds that any use of any Entry Post, or any derivative works thereof, infringes or violates any of your rights (including MORAL RIGHTS) therein.
Each entrant acknowledges and agrees that nothing in these Official Rules will require Sponsor to use the Entry Post in part or in whole or to include the Entry Post in any Sponsor-related property, including, without limitation, the Shopify Partner Blog or any other Sponsor online or offline property. Each entrant hereby acknowledges and agrees that the relationship between the entrant and each 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 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 shall not in the future have 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 a Released Party’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 Released Party property, 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.
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, shall be resolved individually, without resorting to any form of class action, and any judicial proceeding arising out of or concerning the Competition shall take place in a court located in the City of Ottawa in the Province of Ontario, Canada with jurisdiction over Sponsor; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Competition, but in no event attorney’s 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 rules shall be governed by and construed in accordance with the laws of the Province 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 and Australia 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 overnight 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, (iiii) a Non-Excludable Guarantee, or (iv) any other liability that cannot be excluded or limited under any applicable law.
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 shall 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 and/or a copy of these Official Rules, a) visit https://www.shopify.com/partners/dribbble-rules, b) send an email to firstname.lastname@example.org with the subject “Shopify & Dribbble Competition – Rules” or “Shopify & Dribbble Competition - Winners List Request” (as applicable), or c) send a self-addressed stamped envelope indicating either “Rules” or “Who Won?” to: Shopify & Dribbble “Design Taught Me...” Competition, Shopify Inc., 150 Elgin Street, Suite 800, Ottawa, Ontario, Canada K2P 1L4. Requests must be received no later than three (3) months after the end of the Competition Period. Only one (1) mail-in request per outer envelope, mailed separately, will be fulfilled. VT residents with a return address in VT may omit return postage of Official Rules requests.
Last updated October 13, 2015