BURST “AMBITION” PHOTO COMPETITION OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
WINNER WILL BE REQUIRED TO RESPOND TO WINNER NOTIFICATION AND OTHER COMMUNICATIONS FROM SHOPIFY (DEFINED BELOW) WITHIN 10 DAYS ACCORDING TO THE NOTICE(S) FROM SHOPIFY OR PRIZE MAY BE FORFEITED (IN SHOPIFY’S SOLE DISCRETION).
THIS IS A SKILL-BASED COMPETITION. INTERNET ACCESS IS REQUIRED FOR ENTRY.
BY ENTERING THIS COMPETITION, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO SHOPIFY (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
Overview
The Burst “Ambition” Photo Competition ("Competition") is a competition in which you can compete for a chance to win one (1) of three (3) total prizes by submitting Eligible Photo(s) (defined below) and making a submission in this Competition via the Competition website, available at the URL (https://www.shopify.com/stock-photos/photo-contest) (“Competition Website”), 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 or Canada, excluding Quebec (collectively, "Territory"), who are over the age of majority in their jurisdiction of primary residence as of the date of entry, and who submit Eligible Photos via the methods of entry listed below. 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.
Sponsor reserves the right to make reasonable amendments to these Official Rules at any time, to qualify and verify all
submissions, and to reject any submissions that do not meet the requirements for participation as established by Sponsor.
All decisions made by Sponsor concerning this Competition shall be final and binding on all entrants, in all respects.
Each winner will be required to participate in the prize fulfillment process and sign documentation, such as a release, within
the timeframe specified by Sponsor, as more fully detailed below.
Competition Period
This Competition begins on December 19, 2018, at 12:01 A.M. North American Eastern Time (5:01 A.M. Central European Time) and ends on January 31, 2019, at 11:59 P.M. North American Eastern Time (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, you must complete the following steps:
Eligible individuals (see Eligibility section of these Official rules for eligibility requirements) can enter the Competition during the Competition Period in one of three ways: (1) new Burst contributors can go to the Competition Website and click on the link to enter the Competition, which will take you to the Burst photo contribution page where you must complete all information to become a contributor and submit the Eligible Photos to be published on Shopify’s stock photo website (“Burst”), (2) existing contributors can respond affirmatively to an email from Shopify and submit Eligible Photo(s) to be published on Burst through the re-upload page link provided by Shopify, or (3) email your Eligible Photo(s) to burstphotocontest[at]shopify.com with the subject line “Burst Ambition Photo Competition” and include your full name and country of residence, (“Alternate Method of Entry” or “AMOE”) (each, an “Entry”). Each photo submitted in the Competition must comply with the “Submission Requirements” detailed in that section below and otherwise comply with these Official Rules in order to be an Eligible Photo (as defined below). For (1) and (2) above, all photos submitted to Burst during the Competition Period will be considered in the Competition. If you do not wish for certain photos to be entered in the Competition, you can email burstphotocontest[at]shopify.com.
You may submit an unlimited number of Eligible Photos in the Competition, regardless of the method of Entry, and the Eligible Photo(s) submitted must meet all Submission Requirements. Previous winners of other promotions sponsored by Shopify may also win this Competition. Sponsor reserves the right, in its sole discretion, to disqualify anyone from participating in this Competition for conduct that violates these Official Rules, or that, in Sponsor’s reasonable judgment, compromises the fairness of this Competition. Eligible Photos must be submitted and received by Sponsor during the Competition Period through the Submission Methods and in strict accordance with the instructions and restrictions in these Official Rules. Sponsor is not responsible for misspellings, typographical errors, or other issues that may affect an Eligible Photo from being eligible or received by Sponsor. The https://time.gov/ clock will be the official timekeeper for this Competition. For purposes of this Competition, only Eligible Photos that are actually received and recorded through the Sponsor’s systems 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 Photo for purposes of this Competition. Other proof of submitting or attempting to submit an Eligible Photo (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 Photo 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 as long as reasonably necessary after completion of the Competition for business management and record keeping purposes, but no longer than required by applicable law. ANY ENTRY OR ELIGIBLE PHOTO THAT DOES NOT CONFORM TO THE REQUIREMENTS IN THESE OFFICIAL RULES WILL BE DEEMED INELIGIBLE IN SPONSOR’S SOLE DISCRETION.
Submission Requirements
Each Eligible Photo must meet all of the following requirements in Sponsor’s sole discretion or the associated entry will be disqualified:
- Eligible Photo must meet all photo submission requirements required by Burst outlined here:
https://burst.shopifycdn.com/content/BurstSubmissionGuide.pdf
- Eligible Photo must be submitted in .jpg format, be at least 1920 pixels along the longest side of the image, and must be taken on a camera with 12 megapixel (MP) or higher.
- Eligible photo must not contain: (1) visible faces, scars, tattoos or other personally identifying elements, (2) logos, trademarks or any other intellectual or other proprietary rights of a third party, or (3) watermarks or copyright notices.
- Eligible Photo 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 Photo 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 Photo must not have been submitted in any other external contest, promotion, or competition.
- Eligible Photo 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 Photo 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 Photo must be suitable for presentation in a public forum.
- Eligible Photo 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 Photo 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 Photo.
Sponsor reserves the right in its sole discretion to disqualify from the Competition and/or remove from displaying or publishing any entry or Eligible Photo that, in its sole discretion, refers, depicts, or in any way reflects negatively upon Shopify, a Released Party, the Competition, or any other person or entity or does not comply with these requirements or these Official Rules.
License
By entering, except where prohibited by law, for the purposes of the Competition 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, adapt, publish, combine with other material, reuse, and exploit the content of and elements embodied in the Eligible Photo, and the Eligible Photo 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 in connection with the Competition, and without further review, notice, approval, consideration, or compensation. 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 Photo in part or in whole or to include the Eligible Photo 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 Photo 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 Photo, 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 Photo 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 Photo. 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 Photo 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.
Prizes
There are a total of three (3) prizes available to be won in this Competition. The prizes in this Competition consist solely of one (1) grand prize for best Eligible Photo (“Grand Prize”); and two (2) runner-up prizes for the second and third best Eligible Photo (“Runner-up Prize(s)”). The Grand Prize consists solely of one (1) DJI Mavic 2 Zoom drone, one (1) $300 CAD photography retailer gift card, and publication on Burst and/or the Competition Website (Approximate Retail Value (ARV): $1,989 CAD); and each Runner-up Prize consists solely of one (1) $250 CAD photography retailer gift card (ARV: $500 CAD). Together, the Grand Prize and the Runner-up Prizes are the “Prize(s)”. The total ARV of all Prizes is: $2,489 CAD. All winners and the winning photos will be published on Burst and/or the Competition Website.
Prize winners, with the exception of death or personal injury caused by the negligence of Sponsor, agree that Sponsor is not liable for any damages, costs or injuries sustained in connection with accepting any Prize in this Competition. Gift card terms and conditions apply.
Selection of Winners
All Eligible Photos entered in this Competition will be judged for each Prize by a panel of judges chosen in Sponsor’s sole discretion (“Judges”), based on the following criteria: communication of the “ambition” theme (25%), suitability of photo for Burst audience (25%), composition of subject in frame (25%), and photography skill (for example, exposure, lighting, focus, color grading) (25%) (“Criteria”). Subject to verification: the Grand Prize winner will be the Eligible Photo that receives the highest score after all Criteria are applied; the Runner-up Prize winners will be (1) the Eligible Photo that receives the second highest score after all Criteria are applied; and (2) the Eligible photo that receives the third highest score after all Criteria are applied (collectively, the “Competition Winners”). In the event of a tie in the selection of any winner, the tie will be broken by naming as such winner, the entrant whose Eligible Photo received the higher score in the “communication of the ‘ambition’ theme” Criteria. If there is still a tie, the tie will be broken by naming as such winner the entrant whose Eligible Photo received the highest score in the “suitability of photo for Burst audience” 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 Photo that may have familiarities or similarities to his/her Eligible Photo, 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.
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 expenses not specified above are excluded and are the sole responsibility of the Prize winners.
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. If a Prize winner cannot accept the Prize, 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, all Prize winners will be required to execute and return to Sponsor within ten (10) business days of receipt: (i) an affidavit, release or certificate of eligibility or declaration affirming each Prize winner’s compliance with these rules; (ii) a publicity release; (iii) a release of Sponsor and its officers, directors, employees, affiliated companies, agents, partners, successors and assigns from and against 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 each Prize winner and his or her guest. If any Prize winner fails to sign and return the foregoing documents, and any others that may reasonably be required, 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.
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 February 15, 2019. Potential Competition Winners will be notified on or around February 15, 2019 by email or telephone (in Sponsor’s sole discretion) in accordance with the contact information provided in the submission form via the Competition Website. 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 Eligible Entry that was used to submit the entry on the Competition Website, but only if that person otherwise meets the eligibility requirements for participation in this Competition. 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 email account. If there is any dispute between any members, partners, creators, owners or employees of or investors in an Eligible Photo that cannot be resolved to Sponsor's satisfaction, that entrant 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 entrant 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 in their submission form) 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, and each Prize Winner hereby consents to the publishing of their Eligible Photo on the Competition Website and/or Burst shortly after being announced as the Prize Winners, 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.
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 HE/SHE IS SOLELY RESPONSIBLE FOR ANY ACTIONS, CLAIMS OR LIABILITIES OF HIS/HER GUEST RELATED TO ANY COMPETITION-RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY ACTIONS, CLAIMS OR LIABILITIES RELATED TO THE GUEST’S USE OF THE PRIZE. The above releases will not apply to liability for death or personal injury caused by the negligence of Sponsors or liability for fraud or fraudulent misrepresentation or breach of Sponsors’ 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. 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 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 Australia and New Zealand only
Any complaints or inquiries relating to these Official Rules or to this Competition should be sent by email to burstphotocontest[at]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.ca/legal#1487148755752-279b9c5c-d9af. 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.
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) https://www.shopify.com/stock-photos/photo-contest/terms, (b) send an email to burstphotocontest[at]shopify.com with the subject "Burst Ambition Photo Competition", or (c) send a self-addressed stamped envelope to Burst Ambition Photo 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 1L4Any questions regarding the Competition should be directed to Shopify at burstphotocontest[at]shopify.com.
Get first access to free photos and other Burst content. Unsubscribe anytime.