2014-2015 Shopify design awards official rules

This is a skill-based competition

The 2014-2015 Shopify Design Awards ("Competition") are a competition in which Eligible Partners (defined below) compete for a chance to win one (1) of three (3) total prizes by designing an Eligible Theme (defined below) for an Eligible Merchant (defined below) and submitting it in this Competition via the Shopify Partner (defined below) dashboard, available at the URL https://app.shopify.com/services/partners/auth/login ("Dashboard"), as further described below. These “Official Rules” govern the Competition, which is sponsored by Shopify Inc. ("Sponsor" or "Shopify").

Eligibility

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:

  1. who have their business registered as a member of the Shopify Partner Program (a "Shopify Partner") and are classified by Sponsor as a value-added partner of an Eligible Merchant (defined below), which includes, but is not limited to, web designers, web developers, marketers, consultants and/or photographers, but does not include participants in the Shopify Affiliate Program (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 June 1, 2014 and remains live for the entire Competition Period (defined below) and through the time of Prize (defined below) award; and

  2. 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 http://www.shopify.com/partners. Your participation in the Shopify Partner Program is subject to the Partner Program Agreement, available at http://www.shopify.com/partners/terms. Employees 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

By participating in this Competition, entrants agree to these Official Rules, which are a contract, so read them carefully before entering. To the extent permitted by law, this contract includes a limitation of your rights and remedies. You also agree that your participation in this Competition is subject to compliance with the 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 submissions, and to reject any submissions that do not meet the requirements for participation as established by Sponsor. All decisions made by Sponsor concerning this Competition shall be final and binding on all entrants, in all respects. Each winner will be required to participate in the prize fulfillment process and sign documentation, such as a release, within the timeframe specified by Sponsor, as more fully detailed below.

Competition period

This Competition begins on May 13, 2015, at 12:01 A.M. North American Eastern Time (5:01 A.M. Central European Time) and ends on August 31, 2015, at 11:59 P.M. North American Eastern Time (September 1, 2015 at 4:59 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

To enter the Competition, an Eligible Partner must complete all of the following steps:

  1. Create a custom-designed theme for an Eligible Merchant’s Shopify store either: (i) during the Competition Period, or (ii) before the Competition Period begins, but on or after June 1, 2014 (each, an "Eligible Theme"). Each Eligible Theme submitted in the Competition must comply with the “Submission Requirements” detailed in that section below and otherwise comply with these Official Rules. Further, in addition to completing the steps below, the Eligible Theme submitted must be live on the Shopify platform and in use by the Eligible Merchant for whom it was created from the date of submission in the Competition (or earlier, if applicable) through the time of prize award; if the Eligible Theme is not in use on the Shopify platform by the Eligible Merchant from the date of submission (or earlier, if applicable) through the time of prize award no entry will be received; and

  2. Access and log into the Dashboard; and

  3. Then submit your Eligible Theme during the Competition Period in one or two ways depending on when the Eligible Theme was created:

    1. If you create a new Eligible Theme during the Competition Period, to submit that Eligible Theme you must click the "Create a Development Store" button on the Dashboard and follow all links and instructions. During this step, you must also check the box accompanying the language: “Submit theme design to the 2014-2015 Shopify Design Awards Competition” (or similar) to submit your Eligible Theme in the Competition. This language will appear in the pop-up box that appears when a new theme is created via the Dashboard. You will not receive an entry in the Competition unless the box is checked. In addition to complying with the Submission Requirements detailed below, all elements of an Eligible Theme submitted via this method of entry must be comprised of entirely new components and must not be built using any existing theme found in the Shopify Theme Store before or during the Competition Period; or
    2. To enter an Eligible Theme created prior to the Competition Period (but on or after June 1, 2014), you must visit the Dashboard and follow all links and instructions to input a URL that links to the Eligible Theme where indicated in a banner that will appear on the Dashboard and, then, click “submit” (or similar). In addition to complying with the Submission Requirements detailed below, all elements of an Eligible Theme submitted via this method of entry must not be built using any elements from any theme found in the Shopify Theme Store prior to June 1, 2014.

An Eligible Partner can work with more than one Eligible Merchant. There is no limit to the number of Eligible Themes that an Eligible Partner can enter in the Competition, except that each Eligible Theme submitted must be unique and submitted only one time over the course of the Competition (as determined by Sponsor in its sole discretion). 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 Themes must be submitted and received by Sponsor during the Competition Period through the Dashboard and in strict accordance with the instructions and restrictions on the Dashboard and these Official Rules. Sponsor is not responsible for misspellings, typographical errors, or other issues that may affect an Eligible Theme from being located in or received by Sponsor.The Dashboard’s database clock will be the official timekeeper for this Competition. For purposes of this Competition, only Eligible Themes that are actually received and recorded through the Dashboard on the Dashboard’s servers 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 Theme for purposes of this Competition. Other proof of submitting or attempting to submit an Eligible Theme (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 Theme for purposes of this Competition. Those who do not abide by these Official Rules or the instructions of Sponsor and provide all required information will be disqualified in Sponsor’s sole discretion. Entries or participation will not be acknowledged. 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 ENTRY OR ELIGIBLE THEME THAT DOES NOT CONFORM TO THE REQUIREMENTS IN THESE OFFICIAL RULES WILL BE DEEMED INELIGIBLE IN SPONSOR’S SOLE DISCRETION.

Submission requirements

Eligible Themes must meet all of the following requirements in Sponsor’s sole discretion or the associated entry will be disqualified:

  • If Eligible Theme 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 Theme must not create or imply any association between Sponsor and any individual, entity, or anyone else or his, her, or its products or services.

  • Eligible Theme 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.

  • Eligible Theme must not have been submitted in any other external contest, promotion, or competition.

  • Eligible Theme 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 Theme must not contain or describe any harmful or illegal activity or content or in any way violate any federal, state, or local laws, rules or regulations.

  • Eligible Theme must be suitable for presentation in a public forum.

  • Eligible Theme must not suggest, depict, or describe any inappropriate, unlawful, or dangerous behavior or use of Sponsor’s or any other products or services.

  • 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 Theme 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 Theme.

Sponsor reserves the right in its sole discretion to disqualify from the Competition and/or remove from displaying or publishing any entry or Eligible Theme 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.

Licence

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, adapt, and exploit the content of and elements embodied in the Eligible Theme, and the Eligible Theme 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 Theme 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 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 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 Theme in part or in whole or to include the Eligible Theme in any Released Party-related property, including, without limitation, any Released 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 Eligible Theme 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 Theme, 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 Theme 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 Theme. 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 Theme 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.

Prize

There are three (3) prizes available in this Competition. The prizes in this Competition consist solely of one (1) "Grand Prize" of five thousand United States Dollars (USD $5,000); one (1) “Second Prize” of one thousand United States Dollars (USD $1,000); and one (1) “Third Prize” of five hundred United States Dollars (USD $500). The prizes will be awarded in a form selected by Sponsor in its sole discretion (e.g., check, money order, etc.) (each, a "Prize", collectively, the “Prizes”). In addition to cash prizes, Sponsor shall designate five (5) “Honourable Mention Prizes” of no cash value to be published on Sponsor’s website and in any announcements relating to the Competition. The total ARV of all Prizes is: $6500 USD.

Selection of winners

All Eligible Themes entered in this Competition will be judged by a panel of judges chosen in Sponsor’s sole discretion ("Judges"), based on the following criteria: creativity (34%), ease of use (33%), and overall aesthetics (33%) (“Criteria”). Subject to verification: (1) the one (1) Grand Prize winner will be the Eligible Partner whose Eligible Theme receives the highest score after all Criteria are applied; (2) the one (1) Second Prize winner will be the Eligible Partner whose Eligible Theme receives the second highest score after all Criteria are applied; (3) the one (1) Third Prize winner will be the Eligible Partner whose Eligible Theme receives the third highest score after all Criteria are applied (collectively, (1)-(3) the “Competition Winners”); and (4) the five (5) Honorable Mention Prize winners will be the Eligible Partners whose Eligible Themes receive the next five (5) highest scores after all Criteria are applied. In the event of a tie in the selection of any winner, the tie will be broken by naming as such winner, the Eligible Partner whose Eligible Theme received the higher score in the ease of use Criteria. If there is still a tie, the tie will be broken by naming as such winner the Eligible Partner whose Eligible Theme received the highest score in the creativity Criteria. 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 Theme that may have familiarities or similarities to his/her Eligible Theme, 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

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 October 10, 2015. Potential Competition Winners will be notified by email or telephone (in Sponsor’s sole discretion) in accordance with the contact information provided in the Shopify Partner account on or about October 1, 2015. All taxes and duties, if any, on the Prize and any other costs and expenses associated with acceptance and use of the Prize and not specified in these Official Rules as being included in the prize are the sole responsibility of the applicable winner. Prizes may not be transferred and winners may not request substitution of a Prize; provided, however, that Sponsor reserves the right to substitute any Prize with another prize of approximately equal value for any reason. Entrants 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.

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 PayPal account that was used to open the Shopify Partner account 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 applicable PayPal account. 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 Competition Winner may (in Sponsor’s sole discretion) be required to execute and return to Sponsor within ten (10) business days of receipt: (i) an affidavit or release of eligibility or declaration 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 (which release will not apply to liability for death or personal injury caused by the negligence of Sponsor or liability for fraud or fraudulent misrepresentation or breach of Sponsor's obligations under these rules); (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 Competition Winner does not respond according to the notification’s or Sponsor’s instructions, if a Competition Winner cannot attend or participate in any portion of the prize, if a Competition Winner or potential winner fails to comply with these Official Rules, or if a potential winner cannot be reached after a reasonable attempt has been made by Sponsor (as determined by Sponsor in its sole discretion) or does not respond according to the notification’s or Sponsor’s instructions, that winner or potential winner may be disqualified and an alternate winner may be selected in accordance with the winner selection procedures described above. Sponsor reserves the right to modify the notification procedures in connection with the selection of any alternate potential 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 any Prize winner does not acknowledge acceptance of a Prize within ten (10) days after being notified (using the contact details listed on their Shopify account) that he or she is a Prize winner, their Prize will be irrevocably forfeited, and another Prize winner will be chosen using the same procedure specified above. 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, 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, 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 above releases will not apply to liability for death or personal injury caused by the negligence of Sponsor or liability for fraud or fraudulent misrepresentation or breach of Sponsor's obligations under these rules.

Subject to the Non-Excludable Guarantees, 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 to receive e-mail 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 Dashboard that may interfere with the Competition (including any limitations, any restrictions, or any conditions on the Sponsor’s ability to use the Dashboard for the Competition as set forth herein that are not acceptable to Sponsor) 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 to the approval of the Régie des alcools, des courses et des jeux (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. The above releases will not apply to the extent arising out of the failures or defaults of Released Parties.

Entrants agree to not damage or cause interruption of the Competition and/or prevent others from using 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), 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 the 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 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 VIOLATES 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, 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 partners@shopify.com. An entrant who receives notification from Sponsor that he or she is disqualified from the Competition or from receiving any Prize may request in writing that Sponsor review the decision if the entrant can demonstrate that the decision was based on incorrect information or that the decision was otherwise not in accordance with these Official Rules. A request to review a disqualification decision may be considered by Sponsor if it is received by Sponsor, through the email address listed above, within five (5) business days from the date on which notice of an entrant's disqualification was transmitted by Sponsor. A request to review a decision to disqualify an entrant must be clearly identified as such in the subject line of the email and must include all necessary information and documentation. If any documents cannot be sent by email, they should be sent to Sponsor (within the period mentioned above) by 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, (iii) breach of these Official Rules; or (iv) any other liability that cannot be excluded or limited under any applicable law.

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 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.

Privacy

The Sponsor collects personal information in order to conduct the Competition and may, for this purpose, disclose such information to third parties, including, but not limited to, Prize suppliers. Entry is conditional on providing this information. Entrants should direct any request to opt out, access, update or correct information to the Sponsor. All entries become the property of the Sponsor. Information collected for this Competition will be treated in accordance with Sponsor’s privacy policy at https://www.shopify.com/legal/privacy. The Sponsor's privacy policy contains information about how an individual can access or correct personal information held about them or how to complain about a breach of their privacy. Please note that by participating in the Competition and accepting these Official Rules, you acknowledge and consent to the use of your personal information as set out above and that your personal information may be disclosed or transferred to overseas recipients located in Canada and stored in the United States.

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 Régie only for the purpose of helping the parties reach a settlement.

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 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 http://www.shopify.ca/design-awards, (b) send an email to partners@shopify.com with the subject "2014-2015 Shopify Design Awards Winner List Request", or (c) send a self-addressed stamped envelope to 2014 Partner Competition, Shopify Inc., 150 Elgin Street, Suite 800, Ottawa, Ontario Canada K2P 1L4. Any return address outside of Canada may omit return postage of Official Rules requests.

Sponsor

Shopify Inc.
150 Elgin Street, Suite 800
Ottawa, Ontario,
Canada, K2P 1L4

Any questions regarding the Competition should be directed to Shopify Inc. at partners@shopify.com.

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