2017 COMMERCE AWARDS COMPETITION OFFICIAL RULES
This is a skill-based competition.
The 2017 Shopify Commerce Awards ("Competition") is a competition in which Eligible Partners (defined below) compete for a chance to win one (1) of sixteen (16) total prizes by creating an Eligible Solution (defined below) for an Eligible Merchant (defined below). Eligible Partners apply by completing the application form (“Application Form”) available via the 2017 Shopify Commerce Awards landing page at shopify.com/commerceawards (“Competition Page”), as further described below. These “Official Rules” govern the Competition, which is sponsored by Shopify Inc. ("Sponsor" or "Shopify").
This Competition is open to legal residents of any one of the fifty (50) United States, the District of Columbia, the United Kingdom, Australia, New Zealand, Denmark, Spain or Canada (collectively, "Territory"), who are over the age of majority in their jurisdiction of primary residence as of the date of entry, and:
a. who have their business registered as a member of the Shopify Partner Program (a "Shopify Partner") and are classified by Sponsor as a partner of an Eligible Merchant (defined below), which includes, but is not limited to, web designers, web developers, marketers, consultants, value-added partners, affiliate partners and/or photographers (all as determined by Sponsor in its sole discretion). There is no charge for a business to become a registered member of the Shopify Partner Program. An “Eligible Merchant” is a merchant with a Shopify account in good standing that has a live Shopify store (i.e. the store is not in the trial phase) that became live on or after January 1, 2017 and remains live for the entire Competition Period (defined below) and through the time of Prize (defined below) award; and
b. whose business is identified in Sponsor's systems as of the date of entry and throughout the time of the Prize award as a Shopify Partner of at least one (1) Eligible Merchant, as determined by Sponsor in its sole discretion (including, without limitation, by determining whether the Eligible Merchant appears in the Shopify Partner’s Dashboard).
(collectively, “Eligible Partner”)
For more information about the Shopify Partner Program and to register for a free account, please visit https://www.shopify.com/partners. Your participation in the Shopify Partner Program is subject to the Partner Program Agreement, available at https://www.shopify.com/partners/terms.
Employees, representatives or agents of Sponsor, its divisions, affiliates, subsidiaries or advertising agencies associated with this Competition, and relatives of and those living in the same household as such individuals are prohibited from entering this Competition. For the purpose of this Competition, relatives are defined as spouse, domestic partner, parent, legal guardian, in-law, grandparent, sibling, children, legal ward and grandchildren. Void where prohibited by law.
AGREEMENT TO OFFICIAL RULES
This Competition begins on August 3, 2017, at 12:01 A.M. North American Eastern Time (6:01 A.M. Central European Time) and ends on December 31, 2017], at 11:59 P.M. North American Eastern Time (January 1, 2018 at 5:59 A.M. Central European Time) ("Competition Period"). All entries must be received during the Competition Period as further set out in the How to Enter section of these Official Rules.
HOW TO ENTER
An Eligible Partner may be (but is not required to be) nominated by an Eligible Merchant or another Shopify Partner. (Nominations may be submitted by completing the “Nomination Form” available at the Competition Page at shopify.com/commerceawards.) Regardless of whether it has been nominated, to be entered in the Competition, an Eligible Partner must complete all of the following steps:
(1) Create a commerce application, user-experience, design, branding, marketing, or education solution for use by an Eligible Merchant or its Shopify store between January 1, 2017 and December 31, 2017 (each, an “Eligible Solution”). Each Eligible Solution submitted in the Competition must comply with the “Submission Requirements” detailed in that section below and otherwise comply with these Official Rules.
(2) visit the Competition Page (shopify.com/commerceawards) and complete the Application Form. (The Eligible Solution and Application Form are referred to collectively in these Official Rules as an entrant’s “Eligible Entry.”) In addition to complying with the Submission Requirements detailed below, all elements of an Eligible Entry must be original work of the Eligible Partner.
An Eligible Partner can work with more than one Eligible Merchant. There is no limit to the number of Eligible Entries that an Eligible Partner can enter in the Competition except that each Eligible Entry must cover a unique Eligible Solution and no Eligible Solution may be the subject of more than one Eligible Entry (as determined by Sponsor in its sole discretion). An Eligible Partner can submit the same Eligible Entry into multiple categories (e.g. a design can be submitted for “Best Product Page” and “Best Collection Page”), however, as described below, an Eligible Partner may win a maximum of one prize in this Competition. An Eligible Partner must designate on the Application Form into which Category (or Categories) the Eligible Entry is being entered and the Eligible Entry will only be considered for Categories into which it is expressly entered on the Application Form. Each Eligible Solution must be submitted with a separate Application Form as part of a separate Eligible Entry. Previous winners of other promotions sponsored by Shopify may also win this Competition. Sponsor reserves the right, in its sole discretion, to disqualify any Eligible Partner from participating in this Competition for conduct that violates these Official Rules, the Shopify Terms of Service, or the Partner Program Agreement, or that, in Sponsor’s reasonable judgment, compromises the fairness of this Competition. Eligible Entries must be submitted and received by Sponsor during the Competition Period through the Competition Page in strict accordance with these Official Rules and the instructions and restrictions on the Application Form and Competition Page. Sponsor is not responsible for misspellings, typographical errors, or other issues that may affect an Eligible Entry from being located or received by Sponsor. The Competition Page’s database clock will be the official timekeeper for this Competition. For purposes of this Competition, only Eligible Entries that are actually received and recorded through the Competition page will be considered. Incorrect and/or incomplete attempts at entry (as determined by Sponsor in its sole discretion) will be void and not eligible for entry. Each entrant should review all personal information entered for accuracy purposes and make all corrections necessary to inaccurate data before submitting his/her Eligible Entry for purposes of this Competition. Other proof of submitting or attempting to submit an Eligible Entry (such as, without limitation, a printed, saved or copied automated receipt confirming entry or a “thanks for entering” screen or message) does not constitute proof of actual receipt of the Eligible Entry for purposes of this Competition. Those who do not abide by these Official Rules or the instructions of Sponsor and who do not provide all required information will be disqualified in Sponsor’s sole discretion. Entries or participation that is forged, altered, incomplete, lost, late, misdirected, mutilated, illegitimate, garbled, or generated by a macro, bot, or other automated means will not be accepted and will be void. Entries or participation made by any other individual or any entity or group, or originating at any web site other than as set forth specifically above, including, without limitation, through commercial promotion subscription, notification, or entering services, will be declared invalid and disqualified for this Competition. As a condition of entering the Competition, without limiting any other provision in these Official Rules, each entrant gives consent for Sponsor and its agents to obtain and deliver his or her name, address and other information and content to third parties for the purpose of administering this Competition and complying with applicable laws, regulations, and rules. Sponsor may keep all entrant information for up to five (5) years after completion of the Competition for business management and record keeping purposes. ANY ELIGIBLE ENTRY THAT DOES NOT CONFORM TO THE REQUIREMENTS IN THESE OFFICIAL RULES MAY, IN SPONSOR’S SOLE DISCRETION, BE DEEMED INELIGIBLE.
Eligible Entries must meet all of the following requirements in Sponsor’s sole discretion or the Eligible Entry will be disqualified:
- If Eligible Entry depicts or includes any third party, entrant must have all permissions and rights from the individual(s) depicted (and his/her parent or legal guardian, if a minor) and agrees to provide Sponsor with written confirmation of those permissions and rights upon request.
- Eligible Entry must not create or imply any association between Sponsor and any individual or entity or his, her, or its products or services.
- Eligible Entry must not infringe, misappropriate, or violate any rights of any third party including, without limitation, patent, copyright, including moral rights, trademark, trade secret, or right of privacy or publicity.
- Eligible Entry must not have been submitted in any other external contest, promotion, or competition.
- If an Eligible Solution has been created for an Eligible Merchant and such Eligible Merchant or its store is featured as part of the Eligible Solution, such Eligible Merchant must have consented to the Eligible Partner entering the Eligible Solution in this Competition.
- Eligible Entry must not include information or content that is false, fraudulent, deceptive, misleading, defamatory, threatening, trade libellous, slanderous, libellous, disparaging, unlawfully harassing, profane, obscene, pornographic, hateful, indecent, inappropriate or injurious to any individual, any Released Party (defined below), or any third party.
- Eligible Entry must not contain or describe any harmful or illegal activity or content or in any way violate any federal, state, provincial, territorial, municipal or local laws, rules or regulations.
- Eligible Entry 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 display and use of the Eligible Entry will not violate any agreement to which entrant is a signatory or party.
- Entrant agrees to indemnify the Released Parties against any and all claims from any third party for any use or reuse by any Released Party of the Eligible Entry.
Sponsor reserves the right in its sole discretion to disqualify from the Competition and/or remove from displaying or publishing any Eligible Entry that, in its sole discretion, refers, depicts, or in any way reflects negatively upon a Released Party, the Competition, or any other person or entity or does not comply with these requirements or these Official Rules.
By entering, except where prohibited by law, each entrant grants to the Released Parties and their agents, successors and assigns in perpetuity the irrevocable, sublicensable, absolute right and permission to use, edit, modify, cut, rearrange, add to, delete from, copy, reproduce, translate, separate, dub, adapt, publish, combine with other material, reuse, and exploit the content of and elements embodied in the Eligible Entry, and the Eligible Entry itself, in any and all media, including but not limited to digital and electronic media, computer, audio and audiovisual media (whether now existing or hereafter devised), in any language, throughout the world, and in any manner, for trade, advertising, promotional, commercial, or any other purposes without further review, notice, approval, consideration, or compensation. Each entrant agrees that the licensed entities may, but are not required to, attribute the Eligible Entry to an entrant. Each entrant waives and releases the Released Parties from any and all claims that entrant may now or hereafter have in any jurisdiction based on “moral rights” or “droit moral” or unfair competition with respect to the Released Parties’ exploitation of Eligible Entries without further notification or compensation to entrants of any kind, and agrees not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Released Parties and each of their affiliates, licensees, or any other person in connection with this Competition, on the grounds that any use of any Eligible Entry, or any derivative works, infringe or violate any of the entrant’s rights (including MORAL RIGHTS) therein.
Each entrant acknowledges and agrees that nothing in these Official Rules will require a Released Party to use an Eligible Entry in part or in whole or to include the Eligible Entry in any Released Party-related property, including, without limitation, any Released Party’s’ 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 Eligible Entry 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 Eligible Entry, other than as set forth in these Official Rules. Each entrant understands and acknowledges that Sponsor has wide access to ideas and materials. Each entrant also acknowledges that many ideas may be competitive with, similar to, or identical to his/her Eligible Entry and/or each other in idea, ingredients, format, or other respects. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of Sponsor’s use of any such similar or identical material that has or may come to Sponsor from other sources. Each entrant acknowledges and agrees that Sponsor does not now and will not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the entrant’s copyright in and to his/her Eligible Entry. Each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of Sponsor’s actual or alleged exploitation or use of any Eligible Entry or other material submitted in connection with the Competition, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition, or other exploitation of any Sponsor property or production, and entrant’s rights and remedies in any such event are strictly limited to the right to recover damages, if any, in an action at law.
There are sixteen (16) total prizes available in this Competition: one (1) prize for the one (1) confirmed Prize Winner in each of the sixteen (16) Categories (defined below) described in the “Selection of Winners” section below.
Each Eligible Partner selected and confirmed as the winner of any Prize (“Prize Winner”) may only win in one Category. The Competition prizes consist solely of:
- one (1) free admission ticket to Sponsor’s Unite 2018 conference in Toronto, Canada (“Shopify Unite 2018”) with reserved seating;
- two (2) nights accommodation at a Sponsor-selected hotel in or near Toronto during Shopify Unite (one room, single occupancy);
- one (1) exclusive swag bag consisting of Shopify promotional items and other items as selected by Sponsor in its sole discretion;
- the opportunity for Prize Winner and his/her Eligible Entry to be featured in media partner publications selected by Sponsor (subject to availability);
- attendance at official awards acceptance dinner during Shopify Unite 2018 with other Prize Winners;
- a digital Shopify Commerce Awards badge for Prize Winner’s website; and
- a digital and a physical trophy.
(each a “Prize” and collectively “Prizes”).
Approximate retail value (“ARV”) for each Prize is $3,500 USD ($4,389 CAD). The total ARV of all Prizes is: $56,000 USD ($70,185 CAD).
GENERAL PRIZE REQUIREMENTS: All taxes and duties, if any, on all Prizes are the sole responsibility of the Prize Winners. Except at Sponsor’s sole discretion, all costs or expenses associated with Prize acceptance or use and not specified above as being included as part of a Prize, including, but not limited to, transportation, meals, beverages, gratuities, taxes, gifts and all other ancillary costs, are excluded and are the sole responsibility of the applicable Prize Winner. Shopify Unite 2018 dates will be at the discretion of the Sponsor. The Prize may be forfeited if the relevant Prize Winner cannot attend Shopify Unite 2018 on the dates or within the range of dates specified by Sponsor. The Prize Winner will not be compensated for any forfeited component of the Prize. The Prize Winners may not request Prize substitution or cash redemption. No Prize is transferable or exchangeable for cash. Sponsor reserves the right, in its sole discretion and for any reason, to alter components of any Prizes in its sole discretion and replace them with other components of approximately equal value.
Failure to attend Unite 2018 does not relieve the Prize Winner of his/her tax obligations associated with winning the Prize. All Prize details not specified herein will be made and determined in the sole discretion of the Sponsor. Winner may be required to provide a credit card at the time of hotel check-in to cover incidental charges. Winner is solely responsible for all costs, expenses and requirements necessary to travel to the Unite 2018 conference, including, without limitation, those related to obtaining any necessary visa or other travel documents. By entering this Competition and accepting the Prize, the Prize Winner agrees to maintain his/her behavior in accordance with all applicable laws and generally accepted social practices in connection with participation in any Competition-related or prize-related activities. The Prize Winner understands and agrees that Sponsor or Prize providers have the right, in their sole discretion, to disqualify and remove the Prize Winner from any activity at any time if the Prize Winner’s behavior at any point is uncooperative, disruptive, or may or does cause damage to person, property, or the reputation of Sponsor or otherwise violates the policies of the Prize providers, and in such a case, the Prize Winner will still be solely responsible for all taxes and other expenses related to the Prize. Participants waive the right to assert as a cost of winning any Prize, any and all costs of verification and redemption or travel to claim the Prize and any liability and publicity which might arise from claiming or seeking to claim said Prize.
SELECTION OF WINNERS
There are sixteen (16) Competition categories (each a “Category” and collectively, the “Categories”) and only one (1) Prize Winner will be selected for each Category through the process described below for each Category. It is only possible to win in one Category and no entrant may win more than one Prize. All Eligible Entries entered in this Competition will be judged by a panel of judges chosen in Sponsor’s sole discretion (“Judges”). The Judges will evaluate and score all Eligible Entries entered into a given Category based on the following criteria and the weight afforded each criterion:
- Best Animated Motion Graphic for UI: The one (1) Prize Winner of this Category will be the entrant that, according to the Competition’s Judges, executed the best overall animated motion graphic for UI for an Eligible Merchant as part of or through implementation of its Eligible Solution. Criteria: creativity (34%), simplicity (33%), and overall aesthetics (33%);
- Best Shopify Integration with WordPress: The one (1) Prize Winner of this Category will be the entrant that, according to the Competition’s Judges, executed the best overall Shopify integration with WordPress store design for an Eligible Merchant as part of or through implementation of its Eligible Solution. Criteria: creativity (34%), ease of use (33%), and overall aesthetics (33%);
- Best Mobile Commerce Experience: The one (1) Prize Winner of this Category will be the entrant that, according to the Competition’s Judges, executed the best overall mobile commerce user experience for an Eligible Merchant as part of or through implementation of its Eligible Solution. Criteria: creativity (34%), ease of use (33%), and overall aesthetics (33%);
- Best Storytelling Through UX: The one (1) Prize Winner of this Category will be the entrant that, according to the Competition’s Judges, executed the best overall visual storytelling with design for an Eligible Merchant as part of or through implementation of its Eligible Solution. Criteria: creativity (34%), simplicity (33%), and overall aesthetics (33%);
- Best Product Page: The one (1) Prize Winner of this Category will be the entrant that, according to the Competition’s Judges, executed the best overall product page for an Eligible Merchant as part of or through implementation of its Eligible Solution. Criteria: creativity (34%), ease of use (33%), and overall aesthetics (33%);
- Best Home Page: The one (1) Prize Winner of this Category will be the entrant that, according to the Competition’s Judges, executed the best home page for an Eligible Merchant as part of or through implementation of its Eligible Solution. Criteria: creativity (34%), ease of use (33%), and overall aesthetics (33%);
- Best Collection Page: The one (1) Prize Winner of this Category will be the entrant that, according to the Competition’s Judges, executed the best collection page for an Eligible Merchant as part of or through implementation of its Eligible Solution. Criteria: creativity (34%), ease of use (33%), and overall aesthetics (33%);
- Best Custom Design with Slate: The one (1) Prize Winner of this Category will be the entrant that, according to the Competition’s Judges, executed the best custom design with Slate theme for an Eligible Merchant as part of or through implementation of its Eligible Solution. Criteria: creativity (34%), ease of use (33%), and overall aesthetics (33%);
- Best eCommerce Copywriting: The one (1) Prize Winner of this Category will be the entrant that, according to the Competition’s Judges, executed the best overall eCommerce copywriting for an Eligible Merchant as part of or through implementation of its Eligible Solution. Criteria: creativity (34%), simplicity (33%), and accessibility (33%);
- Best eCommerce Course: The one (1) Prize Winner of this Category will be the entrant that, according to the Competition’s Judges, executed the best overall eCommerce course available to Eligible Merchants as part of or through implementation of its Eligible Solution. Criteria: creativity (34%), ease of use (33%), and user experience (33%);
- Best Abandoned Cart Recovery Experience: The one (1) Prize Winner of this Category will be the entrant that, according to the Competition’s Judges, executed the best abandoned cart recovery experience for an Eligible Merchant as part of or through implementation of its Eligible Solution. Criteria: creativity (34%), simplicity (33%), and overall aesthetics (33%);
- Best Store Experience Using Storefront API: The one (1) Prize Winner of this Category will be the entrant that, according to the Competition’s Judges, executed the best use of Shopify’s Storefront application programming interface for an Eligible Merchant through implementation of its Eligible Solution. Criteria: creativity (34%), simplicity (33%), and overall aesthetics (33%);
- Best Offline Marketing Event: The one (1) Prize Winner of this Category will be the entrant that, according to the Competition’s Judges, executed the best offline marketing event for an Eligible Merchant as part of or through implementation of its Eligible Solution. Criteria: creativity (34%), attendee/user experience (33%), and overall aesthetics (33%);
- Best App Experience Using the Marketing Events API: The one (1) Prize Winner of this Category will be the entrant that, according to the Competition’s Judges, executed the best overall app user experience using the Shopify Marketing Events application programming interface for an Eligible Merchant through implementation of its Eligible Solution. Criteria: creativity (34%), ease of use (33%), and overall aesthetics (33%);
- Best Store Experience Using Shopify Scripts: The one (1) Prize Winner of this Category will be the entrant that, according to the Competition’s Judges, executed the best overall store user experience using Shopify Scripts for an Eligible Merchant as part of or through implementation of its Eligible Solution. Criteria: creativity (34%), ease of use (33%), and overall aesthetics (33%);
- Best App Design Using Polaris: The one (1) Prize Winner of this Category will be the entrant that, according to the Competition’s Judges, executed the best overall store user experience using Shopify’s Polaris design system for an Eligible Merchant as part of or through implementation of its Eligible Solution. Criteria: creativity (34%), simplicity (33%), and overall aesthetics (33%);
In the event of a tie in the selection of any winner, the entrant whose Eligible Entry received the higher score in the creativity criterion will be named as the Prize Winner for the relevant Category. If there is still a tie, the entrant whose Eligible Entry received the highest score in the ease of use or simplicity criterion (as applicable) will be named as the Prize Winner for the relevant Category (except for the Best Offline Marketing Event category, in which any remaining tie will be broken in favor of the entrant whose Eligible Entry received the highest score in the “attendee/user experience” criterion). Sponsor reserves the right to contact entrants for verification purposes and administration of the Competition. All Judges’ decisions are final and binding in all matters relating to this Competition. Entrants acknowledge that other entrants may have created ideas and concepts contained in their Eligible Entry that may have familiarities or similarities to his/her Eligible Entry, and that he/she will not be entitled to any compensation or right to negotiate with the Released Parties because of these familiarities or similarities.
PROCEDURE FOR AWARDING PRIZES
Potential Prize Winners will be notified by email or telephone (in Sponsor’s sole discretion) in accordance with the contact information provided in the potential Prize Winner’s Shopify Partner account on March 15, 2018. The date of award of the Prizes in this Competition will vary depending on when the notification and verification process is completed for winners of the Competition, but will be approximately on or about March 23, 2018.
In the event of a dispute as to who is the proper recipient of any Prize, such Prize will be delivered to the registered account holder of the email address associated with the Partner Dashboard for the Eligible Partner, but only if that person otherwise meets the eligibility requirements for participation in this Competition and is still associated with the Eligible Partner. A "registered account holder" is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the applicable email address. Any potential winner may be required to provide Sponsor with proof that he or she is the registered account holder of the email address associated with the Partner Dashboard. If there is any dispute between any members, partners, creators, owners or employees of or investors in an Eligible Partner that cannot be resolved to Sponsor's satisfaction, that Eligible Partner may, in Sponsor's sole discretion, be disqualified or forfeit the entire Prize. If any other dispute cannot be resolved to Sponsor's satisfaction, the Eligible Partner that is the subject of the dispute will be deemed ineligible or disqualified (as applicable).
As a condition of entering, each potential Prize Winner may (in Sponsor’s sole discretion) be required to execute and return to Sponsor within seven (7) days of notification: (i) an affidavit or declaration of eligibility affirming such winner's compliance with these Official Rules; (ii) a publicity release; (iii) a release of Sponsor and the Released Parties (defined below) from any claim or cause of action arising out of participation in the Competition or acceptance of any Prize (subject to limitations similar to those set forth in the “Limitations and Exclusions of Liability” section below); (iv) all documents Sponsor may require (in its sole discretion) confirming the tax obligations, if any, of such winner. In the event of noncompliance with these requirements, the Prize may be forfeited in Sponsor’s sole discretion. The affidavit of eligibility/declaration and liability/publicity release (unless prohibited by law) are subject to verification by Sponsor. If any Prize, prize notification or Competition-related communication is rejected, faulty, or returned as undeliverable, if the potential Prize Winner cannot be reached or does not respond according to the notification’s or Sponsor’s instructions, if a Prize Winner cannot attend or participate in any portion of the prize, if a Prize Winner or potential winner fails to comply with these Official Rules, that Prize Winner or potential Prize Winner may be disqualified and an alternate Prize Winner may be selected in accordance with the winner selection procedures described above. Sponsor reserves the right (subject only to the approval of the subject only to the approval of the Régie in Quebec) to modify the notification procedures in connection with the selection of any alternate potential Prize Winner, if any. Upon Prize forfeiture, no compensation will be given and Sponsor will have no responsibility or liability to that entrant. To claim a Prize, winner must follow the directions in his or her notification. In order for a Canadian resident to win a Prize in this Competition, the selected potential winner must first correctly answer without assistance or mechanical aid, the mathematical skill-testing question administered by the Sponsor. If a Prize Winner does not accept or use the entire Prize, the unaccepted or unused part of the Prize will be forfeited and Sponsor will have no further obligation with respect to that Prize or portion of the Prize.
RELEASE AND PUBLICITY
Each entrant hereby consents to the use of his or her name, business name, and address by Sponsor for advertising and promotional purposes, without any additional compensation or right of review, except where prohibited. NOTHING IN THESE OFFICIAL RULES LIMITS, EXCLUDES OR MODIFIES OR PURPORTS TO LIMIT, EXCLUDE OR MODIFY ANY STATUTORY CONSUMER GUARANTEES OR ANY IMPLIED CONDITION OR WARRANTY THE EXCLUSION OF WHICH FROM THESE OFFICIAL RULES WOULD CONTRAVENE ANY STATUTE OR CAUSE ANY PART OF THESE OFFICIAL RULES TO BE VOID (“NON-EXCLUDABLE GUARANTEES”). SUBJECT TO THE LIMITATIONS IN THE PRECEDING SENTENCE AND IN THE “LIMITATIONS AND EXCLUSIONS OF LIABILITY” SECTION BELOW, ALL ENTRANTS AGREE, EXCEPT WHERE PROHIBITED BY LAW, TO RELEASE, INDEMNIFY AND HOLD HARMLESS SPONSOR AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATED COMPANIES, SUBSIDIARIES, SUPPLIERS, DISTRIBUTORS, ADVERTISING AND PROMOTIONAL AGENCIES, AGENTS, SUCCESSORS AND ASSIGNS (collectively, the “Released Parties”) FROM AND AGAINST ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF PARTICIPATION IN THE COMPETITION. ENTRANTS AGREE THAT, EXCEPT WHERE PROHIBITED BY LAW (INCLUDING IN RELATION TO THE NON-EXCLUDABLE GUARANTEES) AND SUBJECT TO THE “LIMITATIONS AND EXCLUSIONS OF LIABILITY” SECTION BELOW, RELEASED PARTIES ARE NOT LIABLE FOR INJURIES, LOSSES OR DAMAGES OF ANY KIND ARISING FROM PARTICIPATION IN THIS COMPETITION AND ACCEPTANCE, POSSESSION, MISUSE AND USE OF ANY PRIZE. RELEASED PARTIES ARE NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL OR OTHER ERROR IN THE PRINTING OF THE OFFER OR THESE RULES, THE ADMINISTRATION OF THE COMPETITION, OR IN THE ANNOUNCEMENT AND AWARD OF ANY PRIZE.
Subject to the Non-Excludable Guarantees and the “Limitations and Exclusions of Liability” section below, all entrants agree that Released Parties are not responsible and/or liable for any of the following, whether caused by Sponsor, the entrant or by human error: entries that are submitted by illegitimate means (such as, without limitation, by an automated computer program); any lost, late, incomplete, illegible, mutilated, or misdirected entries, e-mail, mail, or Competition-related correspondence or materials or postage-due mail; any error, omission, interruption, defect, or delay in transmission or communication; viruses or technical or mechanical malfunctions; interrupted or unavailable cable or satellite systems; errors, typos or misprints in these Official Rules, in any Competition-related advertisements or other materials; failures of electronic equipment, computer hardware or software; lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications or entry information. Released Parties are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s e-mail account or voice mailbox to receive e-mail or voice messages. Released Parties are not responsible, and may disqualify an entrant, if his or her e-mail address, telephone, or other contact information does not work or is changed without entrant giving prior written notice to Sponsor. Released Parties are not responsible for any changes or unavailability of the Competition Page that may interfere with the Competition or ability of an entrant to timely enter, receive notices or communicate with Sponsor, in which case Sponsor, in its sole discretion, may terminate or modify the Competition, subject only to the approval of the Régie in Quebec. Without limiting any other provision in these Official Rules, Released Parties are not responsible or liable to any entrant or Prize winner or any person claiming through such entrant or Prize winner for failure to supply the Prize or any part thereof in the event that any of the Competition activities or the Released Parties’ operations or activities are affected, as determined by the Sponsor in its sole discretion, including, without limitation, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any law, rule, regulation, order or other action adopted or taken by any governmental, federal, state, provincial or local government authority, or any other cause, whether or not specifically mentioned above.
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 IP address if any suspicious entry and/or participation is detected. Sponsor reserves the right, in its sole discretion, to void entries of any entrant who Sponsor believes has 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 Prize Winner or potential Prize Winner is disqualified, ineligible, in violation of these Official Rules, or engaging in behavior that Sponsor deems obnoxious, inappropriate, threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to disqualify that Prize Winner or potential Prize Winner, even if the disqualified Prize Winner or potential Prize Winner may have been notified or displayed or announced anywhere. If the Competition is not capable of running as planned for any reason, Sponsor reserves the right, in its sole discretion, subject only to the approval of the Régie in Quebec, 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 MAY VIOLATE CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY ENTRANT MAKING SUCH ATTEMPT AND MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
Each entrant agrees that, except where prohibited by law, (1) any and all disputes, claims and causes of action arising out of or in connection with this Competition, or any Prizes awarded, will be resolved individually, without resorting to any form of class action, and any judicial proceeding arising out of or concerning the Competition will take place in a court located in Ottawa, Ontario, Canada with jurisdiction over Sponsor; (2) any and all claims, judgments and awards will be limited to actual out-of-pocket costs incurred, including costs associated with entering this Competition, but in no event legal fees; and (3) under no circumstances will any entrant be permitted to obtain awards for, and all entrants hereby waive all rights to claim, punitive, incidental, and consequential damages, and any other damages, other than actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All disputes arising out of, concerning or connected to the Competition or the interpretation, validity, enforceability or interpretation of these Competition Official Rules will be governed by and construed in accordance with the laws of Ontario and the laws of Canada applicable therein, without regard to choice-of-law principles.
COMPLAINTS AND APPEALS
For residents of the United Kingdom, Australia and New Zealand only Any complaints or inquiries relating to these Official Rules or to this Competition should be sent by email to firstname.lastname@example.org. An entrant who receives notification from Sponsor that he or she is disqualified from the Competition or from receiving any Prize may request in writing that Sponsor review the decision if the entrant can demonstrate that the decision was based on incorrect information or that the decision was otherwise not in accordance with these Official Rules. A request to review a disqualification decision may be considered by Sponsor if it is received by Sponsor, through the email address listed above, within five (5) business days from the date on which notice of an entrant's disqualification was transmitted by Sponsor. A request to review a decision to disqualify an entrant must be clearly identified as such in the subject line of the email and must include all necessary information and documentation. If any documents cannot be sent by email, they should be sent to Sponsor (within the period mentioned above) by expedited delivery to the address indicated below, together with a copy of the request for review. Following such request, Sponsor will notify the entrant of its final decision whether to maintain, amend or revoke the original decision. Sponsor's decision will then become final and binding on the entrant and will not be subject to any further reconsideration, review or appeal.
LIMITATIONS AND EXCLUSIONS OF LIABILITY
Nothing in these Official Rules shall operate to exclude or limit a party’s liability for (i) death or personal injury arising out of that party’s negligence, (ii) fraud or fraudulent misrepresentation committed by that party, or (iii) any other liability that cannot be excluded or limited under any applicable law (including in connection with any Non-Excludable Guarantee).
If at any time any provision of these Official Rules is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, that will not affect the legality, validity or enforceability in that jurisdiction of any other provision of these Official Rules nor the legality, validity or enforceability of these Official Rules (including the provision in question) in any other jurisdiction.
FOR QUEBEC RESIDENTS
Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie for a ruling. Any litigation respecting the awarding of a Prize may be submitted to the board only for the purpose of helping the parties reach a settlement.
In the event of any discrepancy or inconsistency between the terms and conditions of these English Official Rules and disclosures or other statements contained in any other Competition-related materials, including, but not limited to: the Competition Page or Application Form, any non-English version of these Official Rules, and/or point of sale, television, print or online advertising; the terms and conditions of these English Official Rules will prevail, govern and control.
COMPETITION RESULTS AND OFFICIAL RULES
To obtain the identity of the Prize winners (within 3 months of the end of the Competition) and/or a copy of these Official Rules (prior to the end of the Competition), (a) visit shopify.com/commerceawards, (b) send an email to email@example.com with the subject "2017 Shopify Commerce Awards Winner List Request", or (c) send a self-addressed stamped envelope to 2017 Shopify Commerce Awards Competition, Shopify Inc., 150 Elgin Street, Suite 800, Ottawa, Ontario Canada K2P 1L4. Any return address outside of Canada may omit return postage on Official Rules requests.
150 Elgin Street, Suite 800
Canada, K2P 1L4
Any questions regarding the Competition should be directed to Shopify Inc. at firstname.lastname@example.org.