2017 SHOPIFY BUILD-A-BIGGER-BUSINESS COMPETITION RULES
We have updated the Official Rules to ensure that the Build a BIGGER Business Competition is fair for all Entrants. The update slightly adjusts how we measure “Highest Percentage Growth” and “Highest Total Gross Sales Gain” in cases where an Entrant has no sales in March.
This is a skill-based competition
Eligibility: The 2017 Shopify Build-A-Bigger-Business Competition (“Competition”) is open to all privately-held businesses in the United States, the United Kingdom, Australia, New Zealand, and Canada (collectively, “Territory”) who:
- Are on the Shopify platform or will have migrated to the Shopify platform by February 28, 2017 11:59 P.M. North American Eastern Time/March 1, 2017 5:59 A.M. Central European Time. (Applicable Shopify fees apply for creating a new Shopify account);
- Have been selling online since at least December 1, 2016;
- Have 2016 Sales between $1 million and $50 million (USD) (see definition of 2016 Sales in the Definitions section below);
- Have been operating as a legal business in its jurisdiction since at least March 1, 2016;
- Maintain an active Shopify account through the Competition Period, and the time during which the Prizes are awarded and fulfilled (definitions contained below).
Publicly traded businesses and businesses owned by or affiliated with Sponsor, its divisions, affiliates, subsidiaries, advertising agencies or other entities associated with this Competition are prohibited from entering. Void where prohibited by law.
Sponsor: The Competition is sponsored by Shopify Inc. (“Sponsor” or “Shopify”), 150 Elgin Street, Suite 800, Ottawa, Ontario, Canada, K2P 1L4.
Agreement to Official Rules: Any natural person completing any portion of the entry process described in these Official Rules on behalf of an Entrant (defined below) must be authorized to legally bind that Entrant. 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 Entrant’s rights and remedies. Entrant also agrees that its participation in this Competition is subject to compliance with the Shopify Terms of Service located at http://www.shopify.com/legal/terms. Sponsor reserves the right to make reasonable amendments to these Official Rules and the Shopify Terms of Service at any time, to qualify and verify all entries, and to reject any entries that do not meet the requirements for participation as established by Sponsor. All decisions made by Sponsor and/or its judging Panel (defined below) concerning this Competition shall be final and binding on all Entrants, in all respects. Each potential Prize Winner (defined below) will be required to participate in the prize fulfillment process and sign documentation, such as a release, within the timeframe specified by Sponsor, as more fully detailed below.
How to Enter: Eligible Entrants may participate in the Competition by having an authorized representative complete the following steps:
- If your business has received an invitation to enter, confirm your eligibility to enter according to the requirements stated above, and complete the online application via the custom link that you received.
- All other eligible businesses may enter via application online available on the Shopify platform at: https://www.shopify.com/build-a-bigger-business
- OPTIONAL VIDEO: all Entrants may submit a video that meets the requirements detailed on the Shopify platform at: https://www.shopify.com/build-a-bigger-business/video-application
- This video is optional but encouraged. If submitted, it will be considered in certain judging criteria, as detailed below. Entrant grants Sponsor an unlimited, perpetual license to use and disseminate publicly the video in its entirety or in some edited form without attribution, identification, right of review or compensation, except where prohibited by law. Entrant hereby waives any claim of copyright infringement, moral rights, right of privacy or publicity, or any other claim it has in relation to the rights in its video granted above to Sponsor. Entrants agree to complete any additional documentation, where required, to waive all moral rights, including signing a waiver form. Entrant consents to the Sponsor doing (or omitting to do) any acts relating to the use in any form of Entrant’s copyrighted work that may otherwise constitute an infringement of the Entrant’s moral rights.
Each Entrant agrees that all decision makers, partners, members, etc. in the business have sufficiently authorized the Entrant to participate in this Competition in accordance with these Official Rules.
Entrants are prohibited from obtaining sales by any fraudulent or inappropriate means, including, without limitation, collaborating with any party or person in any way to gain sales in a way that undermines the integrity of this Competition or that causes another Shopify user or Entrant to lose sales, as determined by the Sponsor in its sole discretion. Use of these techniques, or of any script, macro, or other automated or artificial system to obtain sales, or with the intent or effect of impairing the integrity of the Competition, is prohibited and all such sales will, upon discovery by the Sponsor, in Sponsor’s sole discretion, be deemed null and void and may lead to the disqualification of the applicable Entrant.
Entrants are subject to disqualification at any time if Sponsor determines, in its sole discretion, that allowing a particular Entrant or its Designee (defined below) to participate in the Competition or receive a Prize (defined below), could bring Sponsor into public disrepute or in any way impact the good standing or reputation of Sponsor in the eyes of the general public. All Entrants consent to the use and public distribution by Sponsor and its promotional partners and agencies of all the business identifying information provided in the entries for marketing and/or sales promotional purposes without any attribution, identification, right of review or compensation, except where prohibited by law. Entries submitted without complete identifying information will not be eligible to win.
Sponsor reserves the right to disqualify any Entrant or its Designee from participating in this Competition for conduct that, it Sponsor’s sole discretion, violates these Official Rules or that compromises the fairness of this Competition.
Entry and Competition Periods: Entries must be received between January 19, 2017 12:01 A.M. North American Eastern Time/January 20, 2017 6:01 A.M. Central European Time and February 28, 2017 11:59 P.M. North American Eastern Time/March 1, 2017 5:59 A.M. Central European Time (the “Entry Period”). All eligible entries will be entered into the Competition, which will run from March 1, 2017 to August 1, 2017, as measured in North American Eastern Time (the “Competition Period”).
DEFINITIONS: In addition to the terms defined above and elsewhere herein, the following terms have the meanings ascribed to them here:
“Agency” means the public relations agencies and or communications and branding agencies that will provide coaching and support to Entrants during the Competition Period.
“2016 Sales” means the sum of all sales transactions reported in 2016 (converted to U.S. Dollars by Sponsor based on the exchange rate as of December 31, 2016, as reported by the United States Federal Reserve Bank.)
“Category” means each of the eight (8) Competition categories described in the “Selection of Winners” section below.
"Designee" means any employee or other representative of a Prize Winner designated by the Prize Winner to participate in any aspect of the Prize or its fulfillment. It is understood that Prize Winner may designate different Designees for different aspects of the prize fulfillment. Any Designee must be at least twenty-one (21) years old and the age of majority in his or her jurisdiction of residence.
“Entrant” means any eligible business that enters the Competition (defined above) in accordance with these Official Rules.
“Finalist” is as defined in subsection 7 of the “Selection of Winners” section below.
“Gross Sales” means the sum of all sales invoices less any customer discounts, coupons, rebates, chargebacks or returns affecting an Entrant’s balance sheet within a week after the close of the Competition Period. For the purposes of this Competition, a sale will be counted toward an Entrant’s Gross Sales total as long as payment for that sale is processed through Shopify and the order has been fulfilled before the end of the Competition Period; however, only orders processed using the Shopify online storefront solution, Shopify POS solution or the Shopify mobile payments product will be counted in this Competition, regardless of what is displayed in an Entrant’s total shop sales display. For the avoidance of doubt, no pre-sale orders will count toward the calculation of an Entrant’s Gross Sales. Only the first $1,000 (U.S.) of the sale of any one product will count toward the calculation of an Entrant’s Gross Sales. Furthermore, any purchases by or on behalf of authorized representatives of Entrant or Entrant’s affiliates, divisions, or subsidiaries may be excluded based on Sponsor’s reasonable assessments of transactions. Sponsor also reserves the right to exclude any sales that it determines, in its sole discretion, were made with an intent to reverse or cancel after the Competition Period ends. All foreign currency values, for purposes of this definition, will be exchanged into United States Dollars by FX feeds from http://www.xe.com/ as of the last day of the Competition Period.
“Mentors” means the Sponsor-selected experienced entrepreneurs and businesspeople (including executives and businesspeople at Shopify) who will coach and mentor the Entrants throughout the Competition.
“Non-Excludable Guarantee” means any statutory consumer guarantee 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.
“Panel” means a panel of judges consisting of three (3) Sponsor-selected judges, including two Shopify executives and/or other employees, as well as one independent judge who is not an employee of Shopify or of any Agency or advisor involved with the Competition.
“Percentage Growth” means the percentage increase in Entrant’s Gross Sales during the Competition Period. This will be calculated as follows:
100 x (D/N)
Where: D = the difference between (x) the Entrant’s Gross Sales for either the month of March 2017 or the month during which the Entrant makes its first sale on the Shopify platform during the Competition Period (whichever occurs later) and (y) its Gross Sales for the month of July 2017; and
N = the Entrant’s Gross Sales for either the month of March 2017 or the month during which the Entrant makes its first sale on the Shopify platform during the Competition Period (whichever occurs later).
“Prize” means the prize to be provided to each confirmed Prize Winner as set forth in the “Prizes” section below. For Prize Winners in the “Highest Total Gross Sales Gain” and the “Highest Percentage Growth” Categories, the term “Prize” includes the “Additional Prize,” as described and defined in the “Prizes” section.
“Prize Winner” means the Entrant selected and confirmed as the winner of any Prize.
“Released Parties” means Sponsor and its officers, directors, employees, affiliated companies, subsidiaries, suppliers, distributors, advertising and promotional agencies, agents, successors and assigns.
“Winner Video” means any audio or video recording made by Sponsor conducting interview(s) of a Prize Winner’s Designee, as described in the “Prizes” section below.
- During the Competition Period, all eligible Entrants will receive:
- An electronic welcome package;
- On-demand, pre-recorded mentoring sessions (at least five), available to all Entrants’ exclusively, in or about May 2017 on Sponsor-approved dates and times (all scheduling subject to Agency and Mentor availability);
- On-demand, pre-recorded Agency and/or Mentor coaching sessions regarding brand architecture in or about June 2017 on Sponsor-approved dates and times (all scheduling subject to Agency and Mentor availability);
- Access to Build a Business Academy ongoing education opportunities with coaches, entrepreneurs, and Build a Business winners from past years. All details and access available via: https://www.shopify.com/build-a-bigger-business
Selection of Winners:
There are eight Competition Categories. Only one 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. The Panel will select the Prize Winner in Categories 3, 4, 5, and 6 below.
All references to “sales” in judging criteria will mean Gross Sales during the Competition Period.
- Highest Total Gross Sales Gain: The one (1) Prize Winner of this Category will be the Entrant with the highest increase in its Gross Sales during the Competition Period (subject to verification). The increase in an Entrant’s Gross Sales will be calculated by subtracting (i) the Entrant’s total Gross Sales for either the month of March 2017 or the month during which the Entrant makes its first sale on the Shopify platform during the Competition Period (whichever occurs later) from (ii) the Entrant’s total Gross Sales for the month of July 2017.
- Highest Percentage Growth: The one (1) Prize Winner of this Category will be the Entrant with the highest Percentage Growth during the Competition Period (subject to verification).
- Best Scale Strategy: The one (1) Prize Winner of this Category will be the Entrant that, according to the Competition’s Panel, executed the best management or product strategy for scaling its business and that ended the Competition within the top 50 (fifty) Entrants with the highest Percentage Growth during the Competition Period (subject to verification).
- Criteria: 25% strategy, 50% implementation, 25% improvement in Gross Sales
- Best Marketing Strategy: The one (1) Prize Winner of this Category will be the Entrant that, according to the Competition’s Panel, executed the best marketing strategy for scaling its business and that ended the Competition within the top 50 (fifty) Entrants with the highest Percentage Growth during the Competition Period (subject to verification).
- Criteria: 50% strategy, 25% implementation, 25% improvement in Gross Sales
- Best Raving Fan Culture: The one (1) Prize Winner of this Category will be the Entrant that, according to the Competition’s Panel, executed the most effective strategy to engage customers with its brand/product/business and that ended the Competition within the top 50 (fifty) Entrants with the highest Percentage Growth during the Competition Period (subject to verification).
- Criteria: 25% scale and impact of social media presence and 75% creativity of outreach to fans
- The Disruptor: The one (1) Prize Winner of this Category will be the Entrant that, according to the Competition’s Panel, has changed/reshaped its industry the most, whether through product or marketing innovations, and that ended the Competition within the top 50 (fifty) Entrants with the highest Percentage Growth during the Competition Period (subject to verification).
- Criteria: 50% creativity of innovation or disruptive strategy, 25% implementation, 25% improvement in Gross Sales
- Tony Robbins Choice: The one (1) Prize Winner of this Category will be selected based on the following selection process: (1) For the purposes of this Category 7 and Category 8, the five (5) runners-up in each of the Category competitions 1 through 6 detailed above will each be deemed a “Finalist” for a total of thirty (30) Finalists; (2) Tony Robbins will judge each Finalist using the following criteria according to the percentage weights indicated: Gross Sales through Shopify during the Competition Period (30%); creativity in scaling strategy (60%);and each Finalist’s entry video (if any) and social media presence (not including fan engagement; just the activity level on social media and quality of social media presence) (10%); and (3) the Finalist with the highest score will be the Prize Winner of the Prize for this Category (subject to verification). Tony Robbins’ decision on selecting the Prize Winner for this Category is final and binding. In the event that Tony Robbins is, for any reason, unavailable, Sponsor may select an alternate judge (or judges) who will evaluate the Finalists and select a Prize Winner for this Category by applying the criteria described in this section.
- *Shopify’s Pick: The one (1) Prize Winner of this Category will be selected based on the following selection process:(1) Harley Finkelstein or a person he designates will judge each Finalist (as defined in Category 7 above) using the following criteria according to the percentage weights indicated: Gross Sales during the Competition Period (30%); creativity in scaling strategy (60%); and each Finalist’s entry video (if any) and social media presence (not including fan engagement; just the activity level on social media and quality of social media presence) (10%); and (2) the Finalist with the highest score will be the Prize Winner of the Prize for this Category (subject to verification). Harley Finkelstein (or his designee)’s decision on selecting the Prize Winner for this Category is final and binding.
Tie Breaker In the event of a tie, the tie will be broken by looking to the Entrant with the higher number of Transactions (not sales) during the Competition Period. A Transaction is defined as: a transaction completed on the Entrant’s Shopify shop that is not then returned, refunded, cancelled or otherwise reversed during the Competition Period or within a week after the close of the Competition Period.
Category-breaker In the event that one Entrant is identified as a potential Prize Winner in two or more Categories, a special committee of three Shopify executives or other employees will, based on an assessment of the Entrant’s performance and the Categories, consider the Entrant and determine in its sole discretion for which one (1) Category the Entrant will be selected as the potential Prize Winner. This decision of the committee will be final and binding. (For any other Category or Categories in which such Entrant was identified as a potential Prize Winner, the next highest scoring Entrant in such Category (based on the above-stated judging criteria) will be deemed the potential Prize Winner for that Category.)
Audit to Determine Category Prize Winners
Sponsor will determine all Category Prize Winners using the above stated parameters. By participating in this Competition, all Entrants consent to the disclosure (during the Competition Period and period leading to announcement of the confirmed Prize Winners) of all relevant books and records to Sponsor and/or its authorized representatives for purposes of Sponsor, in its sole discretion, choosing to verify eligibility to enter the Competition, 2016 Sales, and/or Gross Sales. Any failure by an Entrant to provide Sponsor or its authorized representatives with all books and records necessary to conduct such verification (upon request and within the time frame required by Sponsor or its representative) shall result in disqualification. Sponsor reserves the right to disqualify any Entrant based on the results of the audit contemplated hereunder. ALL ENTRANTS CONSENT TO THE PUBLICATION OF THEIR BUSINESS’ 2016 GROSS SALES AND/OR GROSS SALES BY WAY OF NUMBER RANGES AND PERCENTAGES ON THE SHOPIFY WEBSITE AND ELSEWHERE DURING AND AFTER THE COMPETITION PERIOD. SPONSOR WILL NOT PUBLISH ENTRANTS’ PRECISE 2016 SALES AND/OR GROSS SALES FIGURES.
CATEGORY WINNERS: Each of the eight (8) Categories above will have one Prize Winner of the following Prize with two component parts: (1) a trip for two (2) Designees selected by the Prize Winner in each Category to New York City, New York. This trip will be on dates selected by the Sponsor (in or around September-November 2017) and will consist solely of: (a) round-trip/return economy fare air travel plus ground transportation for the Designees between a Sponsor-selected major airport near one of the Designee’s residence in the Territory and New York City, New York, via airline(s) to be selected by the Sponsor in its sole discretion. The two (2) Designees from each Prize Winner must depart from the same airport and travel on the same itinerary; (b) separate accommodations for each Designee in New York City at a hotel to be selected by Sponsor in its sole discretion (plus ground transportation between airport and hotel) (hotel stay will be one, two or three nights depending on flight arrangements that Sponsor makes, in its sole discretion); (c) a visit to the New York Stock Exchange for the Designees to participate in the ringing of the opening bell; and
(2) a trip for the same two (2) Designees to the Namale Fiji Islands Resort & Spa in Savusavu, Fiji to focus on business growth through guidance sessions with Tony Robbins and/or other Mentors. The trip will be on dates selected by Sponsor (in or around September-November 2017) departing from New York following the ringing of the opening bell ceremony at the New York Stock Exchange. This trip will consist solely of: (a) round-trip/return economy fare air travel (plus ground transportation to airport) for Designees between the New York international airport and Savusavu, Fiji, via an airline to be selected by the Sponsor in its sole discretion (the two (2) Designees from each Prize Winner must travel on the same itinerary); (b) four (4) consecutive nights separate accommodation for each Designee at the Namale Fiji Islands Resort & Spa (plus ground transportation from airport to hotel).
NOTE: Trips contained in this Prize are all inclusive of meals and gratuities, except as specified by Sponsor at the time of awarding the Prize.
Approximate Retail Value of Category Winners Prize: $ 50,000 (USD) (determined using Toronto as a point of departure. Actual retail value may vary depending on departure city for travel in and out of New York City)
HIGHEST TOTAL GROSS SALES GAIN/HIGHEST PERCENTAGE GROWTH ADDITIONAL PRIZE: The one (1) Prize Winner of the Highest Total Gross Sales Gain Category and the one (1) Prize Winner of the Highest Percentage Growth Category will each, in addition to the Prize provided to each Category Prize Winner, also receive a custom media campaign consisting solely of the following four (4) components (“Additional Prize”):
(1) a marketing campaign developed by a leading world-renowned creative services agency including, but not limited to, the development of a custom brand strategy and architecture reflecting the business’s specific needs and the creative assets to support them; (2) a performance-driven public relations strategy developed in partnership with a leading communications firm, including training on how to communicate with the public and media; and (3) a feature story in a major business publication; and (4) credits for 24 months’ use of the Shopify Plus platform (These credits will solely cover the monthly recurring platform/hosting fee for 24 months. Any applicable transaction fees or additional services fees will be the responsibility of the applicable Prize Winner.)
All agency and media partners for this Additional Prize will be chosen at the sole discretion of Sponsor.
Approximate Retail Value of the Additional Prize: $1 million (USD)
ADDITIONAL REQUIREMENTS OF PRIZE WINNERS: Sponsor may conduct video/audio interviews, in Sponsor’s sole discretion, with each Prize Winner’s Designees covering the successes and challenges of the Competition in order to create Winner Videos. Sponsor may use each Winner Video in its entirety or edited form, on channels selected by the Sponsor at its sole discretion without attribution, identification, right of review or compensation, except where prohibited by law. Channels might include, but are not limited to, social media (e.g. Facebook, Instagram, Snapchat, Twitter), websites, and digital audio and video streaming, feeding and distribution platforms (e.g. Youtube, Vimeo, Soundcloud, Libsyn). Sponsor owns the content and all copyright rights in the Winner Video, and Winner must provide publicity/privacy releases from its Designees in the form and within the timeframe requested by Sponsor. As a condition of remaining eligible in the Competition and receiving the Prize, each Prize Winner agrees to make its Designees reasonably available to Sponsor at Sponsor-selected dates, times, and locations for the purposes conducting the interviews described in this section. Should any Prize Winner or its Designee not wish to participate in the Winner Video or not timely provide the appropriate releases, Sponsor may, in its sole discretion, require the Prize Winner to select an alternate Designee willing to participate in the Winner Video or may disqualify the Prize Winner.
Notification of Potential Prize Winners: Sponsor will notify a representative of each potential Prize Winner by telephone and/or e-mail within approximately thirty (30) days of the closing of the Competition Period or upon the completion of the audit review, whichever is longer. If any audit-related questions have not been resolved within approximately thirty (30) days of the closing of the Competition, Sponsor will advise Entrants of the delay and will fix a new date for the notification of the potential Prize Winners. If any potential Prize Winner does not acknowledge acceptance of a Prize within five (5) days after being notified (using the contact details listed on its Shopify account) that it is a potential Prize Winner, its Prize will be irrevocably forfeited, and another potential Prize Winner will be chosen using the same procedure specified above. If there is a dispute regarding participation in the Competition, or the acceptance of a Prize (including selection of any Designee) between any members, partners, creators, owners or employees of or investors in an Entrant that cannot be resolved to the satisfaction of the Sponsor, that Entrant may be disqualified from being a Prize Winner in the sole discretion of the Sponsor.
GENERAL PRIZE REQUIREMENTS: All taxes and duties, if any, on Prizes are the sole responsibility of the applicable Prize Winner. All expenses associated or in any way related to Prize acceptance or use that are not specified as being included in a Prize, including but not limited to airport or ground transportation, meals, beverages, gratuities, taxes, gifts, travel insurance, baggage fees charged by the applicable airlines, in-room charges and all other ancillary costs, are excluded and are the sole responsibility of the applicable Prize Winner. Designees may be required to provide a credit card at hotel check-in to cover hotel incidentals. Final actual value of any Prize at time of booking and travel may be more or less than the estimated value set forth above, depending on point of origin and ticket availability, and, if the actual value of any Prize is lower than the estimated value, Prize Winners will not receive any additional compensation. Travel dates will be at the discretion of the Sponsor, and each Prize Winner and its Designees shall reasonably cooperate with Sponsor to arrange for the prompt booking of their travel arrangements. Travel insurance is highly recommended to protect against the additional costs incurred in the event of unforeseen circumstances and is not included as part of the Prize. It is each of the Designee’s personal responsibility to ensure that they have valid documentation, including but not limited to valid passports and visas, which meet the requirements of immigration and other government authorities at every destination. Each Designee will be required to comply with all security-screening requirements imposed by the New York Stock Exchange or any other location for visitors, which may include, without limitation, providing valid, government-issued photo identification upon arrival. Any fines, penalties, payments or expenditures incurred as a result of such documents not meeting the requirements of those authorities will be the sole responsibility of the applicable Designee. In the event that any Designee of the relevant Prize Winner cannot travel on the dates or within the range of dates specified by Sponsor, Sponsor may, in its sole discretion, require the Prize Winner to select an alternate Designee capable of traveling on the required dates or may disqualify the Prize Winner, which will forfeit the Prize. The Prize Winner will not be compensated for any forfeited Prize or component of the Prize. All airline tickets once booked cannot be changed unless Sponsor, in its sole discretion, consents. Any additional fees or penalties incurred as a consequence of any changes made to any travel arrangements after they are booked that are made at the request of the Prize Winners or its Designee are the sole responsibility of such Prize Winner. In the event that any Designee of a Prize Winner lives in the New York metropolitan area (as determined by Sponsor in its sole discretion), Sponsor may substitute ground transportation for air transportation to all New York City locations included in the Prize for that Designee, and neither the Prize Winner nor the Designee will receive any difference in value. 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 or add to any and all components of any Prize in its sole discretion and replace any alterations with components of approximately equal or greater value. The participation of Tony Robbins, the Mentors, and any specific locations mentioned in the Prizes is subject to their availability, and if any or all is unavailable, Sponsor reserves the right to forego replacing that component of the Prize in which they were to have participated.
A Designee’s failure to complete any trip component of a Prize does not relieve the Prize Winner of its tax obligations associated with winning the Prize. Specific travel arrangements and all Prize details not specified herein will be made and determined in the sole discretion of the Sponsor. All transportation tickets are subject to the terms and conditions specified thereon. Flight schedules are subject to change without notice. Sponsor is not liable for any missed Prize events, opportunities or expenses incurred as a consequence of flight cancellation/delay or ground transportation delay. Once selected by Prize Winner, a Designee cannot be changed without the express consent of Sponsor, which may be withheld for any reason in its sole discretion. By entering this Competition and accepting the Prize, the Prize Winner agrees that each of its Designees will 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 any Designee from any activity at any time if the Designee’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. Prize Winners (and any Designee) waive the right to assert as a cost of winning any Prize, any and all costs of verification and redemption or travel to claim the Prize and any liability and publicity that might arise from claiming or seeking to claim said Prize.
If a Prize Winner does not accept or the Prize Winner or Designee does not 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. If a Prize Winner does not appoint a Designee to make the trip, Sponsor may choose (in its sole discretion) to disqualify that Prize Winner from all portions of the Prize and select an alternate Prize Winner. As a condition to the award of any Prize, an authorized representative of all Prize Winners, and each of the Prize Winner’s Designees will be required to execute and return to Sponsor within five (5) business days of receipt as is applicable: (i) an affidavit, release or certificate of eligibility or declaration affirming each Prize Winner’s compliance with these Official Rules; (ii) a publicity release; (iii) a release of the Released Parties from and against any claim or cause of action arising out of participation in the Competition or acceptance of any Prize (subject to any 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 each Prize winner as well as its Designees. If any Prize Winner or its Designee fails to sign and return any of the foregoing documents, and any others that may reasonably be required to confirm Prize Winner’s eligibility and conformity with the rules hereunder, to Sponsor, that Prize 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.
Release and Publicity: Each Entrant, and, for any Prize Winner, its Designee, hereby consents to the use of its and his or her respective business name(s), trademark (including logos), name, voice, likeness, 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 NON-EXCLUDABLE GUARANTEES. SUBJECT TO THE LIMITATIONS IN BOTH THE PRECEDING SENTENCE AND THE “LIMITATIONS AND EXCLUSIONS OF LIABILITY” SECTION BELOW, ALL ENTRANTS AND DESIGNEES AGREE, EXCEPT WHERE PROHIBITED BY LAW, TO RELEASE, INDEMNIFY AND HOLD HARMLESS THE RELEASED PARTIES FROM AND AGAINST ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF PARTICIPATION IN THE COMPETITION. ENTRANTS AND DESIGNEES 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.
THE RELEASED PARTIES ARE NOT RESPONSIBLE IN ANY WAY FOR ANY EXPENSES, OMISSIONS, DELAYS, OR RE-ROUTING RESULTING FROM ANY ACTS OF ANY GOVERNMENT OR AUTHORITY AND EACH PRIZE WINNER ACKNOWLEDGES THAT IT IS SOLELY RESPONSIBLE FOR ANY ACTIONS, CLAIMS OR LIABILITIES OF ITS DESIGNEE RELATED TO ANY COMPETITION-RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY ACTIONS, CLAIMS OR LIABILITIES RELATED TO THE DESIGNEE’S USE OF THE PRIZE.
Subject to the Non-Excludable Guarantees and the “Limitations and Exclusions of Liability” section below, all Entrants agree that the Released Parties are not responsible and/or liable for any of the following, whether caused by Sponsor, the Entrant or by human error: entries that are submitted by illegitimate means (such as, without limitation, by an automated computer program); any lost, late, incomplete, illegible, mutilated, or misdirected entries, e-mail, mail, or Competition-related correspondence or materials or postage-due mail; any error, omission, interruption, defect, or delay in transmission or communication; viruses or technical or mechanical malfunctions; interrupted or unavailable cable or satellite systems; errors, typos or misprints in these Official Rules, in any Competition-related advertisements or other materials; failures of electronic equipment, computer hardware or software; lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications or entry information. Released Parties are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in Entrant’s e-mail account to receive e-mail messages. Released Parties are not responsible, and may disqualify an Entrant, if the e-mail address, telephone, or other contact information provided by Entrant 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 web site that may interfere with the Competition (including any limitations, any restrictions, or any conditions on Sponsor’s ability to use that web site 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 (in Quebec subject to the approval of the Régie des alcools, des courses et des jeux in Québec). 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 (including, without limitation, any Designee) 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 or sales (as applicable) of any Entrants who Sponsor believes have attempted to tamper with or impair the administration, security, fairness or proper play of this Competition. Sponsor’s failure to, or decision not to, enforce any provision in these Official Rules will not constitute a waiver of that or any other provision. In the event there is an alleged or actual ambiguity, discrepancy or inconsistency between disclosures or other statements contained in any Competition-related materials and/or these Official Rules (including any alleged discrepancy or inconsistency in these Official Rules), to the extent permitted by law, (i) it will be resolved in the sole discretion of Sponsor and (ii) Entrants waive any right to claim ambiguity in the Competition or these Official Rules. If Sponsor determines at any time in its sole discretion that the Prize Winner or potential Prize Winner is disqualified, ineligible, in violation of these Official Rules, or that any representative of the Prize Winner (including its Designee) or potential Prize Winner is 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. Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Competition in any or all jurisdictions and award the Prize from eligible entries received prior to cancellation, modification, or suspension or as otherwise deemed fair and appropriate by Sponsor (in Quebec, subject to the approval of the Régie des alcools, des courses et des jeux in Quebec). If any Entrant, Prize Winner, or Designee 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 Entrant, Prize Winner, or Designee, in its sole discretion, and seek damages as well as pursue prosecution 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. Disputes/Governing Law: Each Entrant agrees that, except where prohibited by law, (1) any and all disputes, claims and causes of action arising out of or in connection with this Competition, or any Prizes awarded, 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 Ottawa, 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 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 rules shall 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: 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 it 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 Sponsor receives it, through the email address listed above, within five (5) business days from the date on which Sponsor transmitted notice of an Entrant’s disqualification. 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 at 150 Elgin Street, Ottawa, Ontario K2P 1L4 (within the period mentioned above) by expedited delivery, together with a copy of the request for review. Following such request, Sponsor will notify the Entrant of its final decision whether to maintain, amend or revoke the original decision. Sponsor’s decision will then become final and binding on the Entrant and will not be subject to any further reconsideration, review or appeal.
Limitations and Exclusions of Liability: Nothing in these Official Rules shall operate to exclude or limit a party’s liability for (i) death or personal injury arising out of that party’s negligence, (ii) fraud or fraudulent misrepresentation committed by that party, (iii) any other liability that cannot be excluded or limited under any applicable law (including in connection with any Non-Excludable Guarantee).
Severance: If at any time any provision of these Official Rules is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, that 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.
Language Discrepancy: 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 competition-related materials, including, but not limited to: the competition entry form, French version of these Official Rules, and/or point of sale, television, print or online advertising; the terms and conditions of these English rules shall 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 https://www.shopify.com/build-a-bigger-business b) send an email to firstname.lastname@example.org with the subject “2017 Competition Winner List Request” or “2017 Competition Rules Request,” as applicable, or c) send a self-addressed stamped envelope to 2017 Build-A-Business Competition, Shopify Inc., 150 Elgin Street, Suite 800, Ottawa, Ontario Canada K2P 1L4, noting “Rules Request” or “Winner List Request” as applicable. Any return address outside of Canada may omit return postage of Official Rules requests.