10x Journal Giveaway Rules
10X ENTREPRENEUR’S JOURNAL CONTEST OFFICIAL RULES
SWEEPSTAKES OFFICIAL RULES
No purchase or payment of any kind is necessary to enter or win. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
WINNER WILL BE REQUIRED TO RESPOND TO WINNER NOTIFICATION AND OTHER COMMUNICATIONS FROM SHOPIFY (DEFINED BELOW) WITHIN October 5th - October 26th 2016. ACCORDING TO THE NOTICE(S) FROM SHOPIFY OR PRIZE MAY BE FORFEITED (IN SHOPIFY’S SOLE DISCRETION).
A VALID PLATFORM (DEFINED BELOW) ACCOUNT AND INTERNET ACCESS ARE REQUIRED FOR ENTRY.
BY ENTERING THIS SWEEPSTAKES, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO SHOPIFY (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
The 10X ENTREPRENEUR’S JOURNAL CONTEST Giveaway (the “Sweepstakes”) is sponsored by Shopify Inc. (“Shopify”). The Sweepstakes is governed by these official rules (“Official Rules”). By participating in the Sweepstakes, each entrant agrees to abide by the instructions of Shopify and these Official Rules, including, without limitation, all eligibility requirements, and understands and agrees that the results of the Sweepstakes, as determined by Shopify and its parent companies, subsidiaries, affiliates, third party prize suppliers, advertising/promotion agencies and any entity involved in the production, implementation, administration or fulfillment of the Sweepstakes (collectively, the “Sweepstakes Parties”), and all decisions of the Sweepstakes Parties are final and binding in all respects. The Sweepstakes is void where prohibited by law.
The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Facebook. Any questions, comments or complaints regarding the Sweepstakes should be directed to Shopify, not Facebook.
1. SWEEPSTAKES PERIOD
The Sweepstakes begins on October 5th 2016 at 12:00 pm EST Time (“[E/C/M/P]T”) and ends at October 26th at 12:00 PM EST (the “Sweepstakes Period”). All entries must be received during the Sweepstakes Period as further set forth in the How to Enter section of these Official Rules.
The Sweepstakes is open to legal residents of Canada (excluding residents of the Province of Québec), the 50 United States and the District of Colombia who have reached the legal age of majority in their jurisdiction of residence at the time of entry and who have a valid account in good standing on the Facebook platform (“Platform”) as of the beginning of the Sweepstakes Period and through the time of prize award. The Sweepstakes Parties have the right to verify the eligibility of each entrant. Corporate entities are not eligible and have no right to claim any prize won by their employees. Employees, officers, directors, members, managers, agents and representatives of the Sweepstakes Parties, as well as such individuals’ immediate family (father/mother, brother/sister, son/daughter, spouse/domestic partner, legal guardian/legal ward, grandparents/grandchildren) or persons living in the same household (whether related or not) are not eligible to enter this Sweepstakes.
3. HOW TO ENTER
Eligible individuals (see Eligibility section of these Official rules for eligibility requirements) can enter the Sweepstakes in one of two ways by visiting the Shopify account on the Platform www.facebook.com/shopify and following the instructions in the call to action for this Sweepstakes posted by Shopify on the account (“Call to Action Post”). The Call to Action Post will direct entrants to
either (1) “make a post in the comments to the Call to Action Post
There is a limit of one (1) entry per person and per Platform account during the Sweepstakes Period. There is a limit of one (1) Prize (defined below) per participant. Each entrant’s Platform profile settings must allow for Shopify to view and detect his/her Entry Post and to communicate with him/her via the Platform (including, without limitation, [following/liking] Shopify’s account on the Platform during the Sweepstakes Period and through the time of Prize award where necessary). It is each entrant’s responsibility to timely set his/her account settings so that Shopify is able to view his/her Entry Post and communicate with him/her. Shopify is not responsible for misspellings, typographical errors, or other issues that may affect an Entry Post from being located using a search to find eligible entries. Your Entry Post will not be deemed an entry in the Sweepstakes until Shopify verifies that it complies with these Official Rules and the Platform’s applicable policies; but, otherwise, the substantive content of the Entry Post will not affect an entrant’s chances of winning. Such approval or disapproval of an Entry Post will not be communicated. Shopify, at its sole discretion, may accept or disqualify an Entry Post that is accompanied by a technically incorrect required unique term or content in addition to the required content. Your Entry Post must remain active on your Platform account through winner selection and prize award for the Sweepstakes to be eligible. Your Entry Post may appear on your Platform account feed and may be visible to other users or the public. Incorrect and/or incomplete attempts at entry or those identified or received outside the Sweepstakes Period, and/or Entry Posts that contain obscene, offensive, or objectionable language or language that violates a third party’s intellectual property rights or communicates messages inconsistent with the positive images to which Shopify wishes to associate (all as determined by Shopify in its sole discretion) will be void and not eligible for entry. For purposes of this Sweepstakes, an Entry Post is “received” when Shopify is able verify that it was posted on the Platform during the Sweepstakes Period. Other proof of submitting an entry (such as a printed or copied screen shot) does not constitute actual receipt of the entry for purposes of this Sweepstakes. Each entrant must be the rightful owner of the Platform account utilized for entry. The Platform’s database clock will be the official timekeeper for this Sweepstakes. Entries may not be made jointly or by any group and may only be made by an individual. Entries must be received via the Platform and in strict accordance with the instructions and restrictions on the Platform and these Official Rules. Facsimiles, mechanical reproductions, alterations, garbled, incomplete, misdirected, lost, late, mutilated, or forged entries, or entries generated by a macro, bot, or other automated means will not be accepted and are void. Those who do not follow all of Shopify’s instructions, provide the required information in their entry, or abide by these Official Rules will be disqualified. Entries made by any other individual or any entity, and/or originating at or using any other web site, including, without limitation, commercial promotion subscription notification and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes. The use of any device or process to automate the entry process is prohibited. Entries will not be acknowledged.
4. SUBMISSION REQUIREMENTS: Your Photograph, Entry Post, and any accompanying content or information (collectively, “Entrant Content”) must meet all of the requirements in these Official Rules, including the following, or the associated entry will be disqualified:
Entrant Content must comply with all applicable terms of the Platform.
Entrant Content must NOT depict, identify or include any person other than the entrant.
Entrant Content must not create or imply any association between Shopify and any individual, entity, or anyone else or his, her, or its products or services.
Entrant Content must not identify, reference, or depict any company (including, without limitation, Shopify) or any company’s brands, products, or services. Entrant Content must NOT contain any commercial or corporate advertising (including, without limitation, corporate logos, brand names, and slogans), recognizable branded products or commercial artwork.
All aspects of the Entrant Content must be originally created by and solely owned by you (or be in the public domain). Except for materials in the public domain, all third party content and content unoriginal to you is prohibited.
Entrant Content 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.
Entrant Content must be unpublished and not have been submitted in any other contest, sweepstakes, promotion, or competition.
Entrant Content must not include information or content that is false, fraudulent, deceptive, misleading, defamatory, threatening, trade libelous, slanderous, libelous, disparaging, unlawfully harassing, profane, obscene, pornographic, hateful, indecent, inappropriate or injurious to any individual, any Sweepstakes Party, or any third party.
Entrant Content 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 laws, rules or regulations.
Entrant Content must be suitable for presentation in a public forum.
Entrant Content must not suggest, depict, or describe any inappropriate, unlawful, or dangerous behavior or use of Shopify’s or any other products or services.
You agree that your participation in the Sweepstakes and agreement to these Official Rules and any Sweepstakes Party’s display and use of the Entrant Content will not violate any agreement to which you are a signatory or party.
You agree to indemnify the Released Parties (defined below) against any and all claims from any third party for any use or reuse by any Sweepstakes Party of the Entrant Content.
Shopify reserves the right in its sole discretion to disqualify from the Sweepstakes and/or remove from displaying or publishing any entry or Entrant Content that, in its sole discretion, refers, depicts, or in any way reflects negatively upon a Sweepstakes Party, the Sweepstakes, or any other person or entity or does not comply with these requirements or these Official Rules.
5. LICENSE:Your Entrant Content may be publicly posted by Shopify on its account on the Platform and elsewhere and you hereby grant Shopify and its licensees a royalty free, worldwide right and license to do so. In addition, you acknowledge and agree that regardless of whether you are selected as a winner, your Entrant Content may be shared, posted, linked to, or otherwise used online or elsewhere by others solely by virtue of posting it in connection with this Sweepstakes. You agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Released Parties on the grounds that any use of any entry, or any derivative works, infringe or violate any of entrant’s rights (including MORAL RIGHTS) therein.
Each entrant acknowledges and agrees that nothing in these Official Rules will require a Sweepstakes Party to use the Entrant Content in part or in whole or to include the Entrant Content in any Sweepstakes Party-related property, including, without limitation, any Sweepstakes 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 Entrant Content for purposes of the Sweepstakes 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 Entrant Content, 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 Shopify’s use of any such similar or identical material that has or may come to Shopify from other sources. Each entrant acknowledges and agrees that Shopify does 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 entrant’s copyright in and to his/her Entrant Content. Each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of Shopify’s actual or alleged exploitation or use of any Entrant Content or other material submitted in connection with the Sweepstakes, 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 Shopify 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.
6. PROCEDURE FOR AWARDING PRIZES
Entries that comply with the Official Rules and all instructions of Shopify and are received during the Sweepstakes Period (“Eligible Entries”) will be gathered into a database at the end of the Sweepstakes Period. On October 3rd 2016 at the offices of Shopify, located at 150 Elgin Street, Suite 800, Ottawa, Ontario, Canada at approximately 12:00 PM EST one (1) eligible entry will be selected by random computer generated draw from among all Eligible Entries. The odds of winning depend on the number of Eligible Entries.
The decisions of the Sweepstakes Parties with respect to all aspects of the Sweepstakes, including, without limitation, the drawing results, are final and binding on all entrants without right of appeal, including, without limitation, any decisions regarding the eligibility and/or disqualification of entries and/or entrants.
The winner will be announced on or about October 21st 2016 on or about 12:00 pm via a post by Shopify on the Platform (“Notification Post”). Such Notification Post will contain instructions for the next steps in the winner verification process. Each entrant is responsible for setting up his/her Platform account so that he/she may receive and/or view such Notification Post(s) and/or other communications from Shopify and monitoring his/her Platform account for such Notification Post(s) and/or other communications related to the Sweepstakes. To receive such a Notification Post and/or other communications from Shopify, you may be required to affirmatively accept such communications from Shopify and/or [like/follow] Shopify’s account on the Platform. The potential winner must respond to Shopify according to the instructions in the Notification Post within 2 weeks , or the potential winner may forfeit the Prize and any further participation in the Sweepstakes in Shopify’s sole discretion
7. PRIZES AND APPROXIMATE RETAIL VALUE
The prize consists solely of: with an approximate retail value (“ARV”) of $349 USD ($300 CAD (based on the conversion rate at the time the Official Rules were drafted)) (the “Prize”).
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.
8. ADDITIONAL LIMITATIONS/RULES
The Prize shall be accepted as is and may not be exchanged or refunded for an amount of money, sold or transferred, except in Shopify’s sole discretion. No substitutions will be allowed, except in Shopify’s sole discretion. The winner agrees that the Sweepstakes Parties do not make any representations, warranties, or guarantees, express or implied, in fact or in law, whether now known or hereinafter enacted, relative to the use or enjoyment of the Prize, including, without limitation, its quality, condition, fitness for a particular purpose, or merchantability. The Sweepstakes Parties are not responsible for any typographical or other errors or omissions in the offer or administration of the Sweepstakes, including, but not limited to, errors or omissions in any printing or posting of these Official Rules or other Sweepstakes-related material, the selection and announcement of any winner, or the distribution of the Prize. Any attempt to deliberately damage any website or to undermine the legitimate operation of the Sweepstakes is a violation of criminal and civil laws. Should such an attempt be made, the Sweepstakes Parties reserve the right to seek remedies and damages to the fullest extent permitted by law, including criminal prosecution. The Sweepstakes Parties reserve the right to terminate, suspend or amend the Sweepstakes, without notice, and for any reason, including, without limitation if the Sweepstakes Parties determine that the Sweepstakes cannot be conducted as planned or if a virus, bug, tampering or unauthorized intervention, technical failure or other cause beyond the Sweepstakes Parties’ control corrupts the security or proper administration of the Sweepstakes. In such event, Shopify may award the Prize from Eligible Entries received prior to termination, amendment, or suspension or as otherwise deemed fair and appropriate by Shopify. In the event of improper play, tampering or unauthorized intervention in the Sweepstakes, the Sweepstakes Parties reserve the right to void any suspect entries. Entrants agree to not damage or cause interruption of the Sweepstakes and/or prevent others from using the Sweepstakes. Shopify reserves the right to restrict or void online entries or participation from any IP address if any suspicious entry and/or participation are detected. If Shopify 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 behavior that Shopify deems obnoxious, inappropriate, threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Shopify reserves the right to disqualify the winner or potential winner, even if the disqualified winner or potential winner may have been notified or displayed or announced anywhere. 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, Shopify may disqualify that person and seek damages from him or her and that person may be prosecuted to the full extent of the law. Released Parties are not responsible for any changes to or unavailability of the Platform that may interfere with the Sweepstakes (including any limitations, any restrictions, or any conditions on Shopify's ability to use the Platform for the Sweepstakes as set forth herein that are not acceptable to Shopify) or ability of entrant to timely enter, receive notices or communicate with Shopify, in which case Shopify, in its sole discretion, may terminate or modify the Sweepstakes. Sweepstakes 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 or other account to receive messages. Sweepstakes Parties are not responsible, and may disqualify you, if your e-mail address or other contact information does not work or is changed without prior written notice to Shopify.
9. INDEMNIFICATION AND LIMITATION OF LIABILITY
The Sweepstakes Parties and Facebook and each of their respective officers, directors, employees, members, managers, representatives, agents, successors and assigns (collectively, the “Released Parties”) will not be liable for any loss, damages or injury, claims or fees (including, without limitation, any injury, damage, death, loss, or accident to person or property) related to or arising out of: (a) preparing for, participating in and/or traveling to or from any prize- or Sweepstakes-related activity; (b) any failure of the Released Parties’ websites or Platform during the Sweepstakes; (c) any technical malfunction, lost or delayed data transmission, omission, interruption, deletion, line failure or malfunction of any telephone network, computer on-line systems, servers, access providers, computer equipment or software, the inability to access any website or online service or any other error, human or otherwise; (d) the failure of any entry to be received, captured or recorded for any reason, including, but not limited to, technical problems or traffic congestion on the internet, the Platform, or at any website; (e) any injury or damage to an entrant’s or any other person’s computer or other device related to or resulting from participating in the Sweepstakes; (f) the award, acceptance, possession, use or misuse of any Prize or any portion thereof; (g) Prizes that are lost, damaged or misdirected during shipping; (h) entries that are submitted by illegitimate means (such as, without limitation, by an automated computer program); and/or (i) any combination of the above.
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 Sweepstakes activities or Released Parties’ operations or activities are affected, as determined by Shopify 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 or local government authority, or any other cause, whether or not specifically mentioned above.
EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY JURISDICTION OF THE UNITED STATES OR CANADA ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS:
“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
10. PERSONAL INFORMATION
If the identity of an entrant is disputed, the registered account holder of the e-mail address associated with the Platform account submitted at the time of entry will be deemed to be the entrant, but only if that person meets all other eligibility criteria, otherwise the entry may be disqualified and any potential prize won will be forfeited in Shopify’s sole discretion. A registered account holder is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. A selected entrant may be required to provide proof that he/she is the authorized account holder of the Platform account associated with the selected entry. All entries must be submitted from a valid Platform account. Any damage made to the Platform will be the responsibility of the registered account holder of the e-mail address for the Platform account submitted at the time of entry.
Except where prohibited, each entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes 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. The entrant hereby accepts the jurisdiction of the courts of the Province of Ontario with respect to any legal actions, suits or proceedings arising out of or related to this Sweepstakes 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 ($10 CAD)), 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 Sweepstakes and all aspects related hereto.
Shopify’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 Sweepstakes-related materials and/or these Official Rules (including any alleged discrepancy or inconsistency in these Official Rules), it will be resolved in Shopify’s sole discretion. Entrants waive any right to claim ambiguity in the Sweepstakes or these Official Rules. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules will otherwise remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
By participating (except where prohibited by law), each entrant grants the Sweepstakes Parties the irrevocable, sublicensable, absolute right and permission to use his/her name, likeness, photograph, biographical information, voice, comments, and any other indicia of persona (regardless of whether altered, changed, modified, edited, used alone, or used with other material in the Released Parties’ sole discretion) without further notice or payment of additional consideration in any publicity, advertisement or other promotional, trade or commercial use carried out by or on behalf of the Sweepstakes Parties in any media, current or not yet existing (including, without limitation, print, broadcast or the internet) worldwide, without any limitation of time and without notice, review or approval and each entrant releases all Released Parties from any and all liability related thereto. Nothing contained in these Official Rules obligates Shopify to make use of any of the rights granted herein and each entrant waives any right to inspect or approve any such use.
13. OFFICIAL RULES/WINNER LIST
To find out who won, visit www.facebook.com/shopify. Requests must be received no later than three (3) months following the end of the Sweepstakes Period.
14. SWEEPSTAKES SPONSOR
The Sweepstakes is sponsored by: Shopify Inc., 150 Elgin Street, Suite 800, Ottawa, Ontario, Canada, K1Y 1R6
Any questions regarding the Sweepstakes should be directed to Shopify Inc. at [email@example.com].