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 OBERLO (DEFINED BELOW) WITHIN 7 DAYS ACCORDING TO THE NOTICE(S) FROM OBERLO OR PRIZE MAY BE FORFEITED (IN OBERLO’S SOLE DISCRETION).
A VALID PLATFORM (DEFINED BELOW) ACCOUNT AND INTERNET ACCESS ARE REQUIRED FOR ENTRY.
BY ENTERING THIS SWEEPSTAKES, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO OBERLO (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
The START YOURS GIVEAWAY Prize Package (the “Sweepstakes”) is sponsored by Oberlo UAB. The Sweepstakes is governed by these oﬃcial rules (“Oﬃcial Rules”). By participating in the Sweepstakes, each entrant agrees to abide by the instructions of Oberlo and these Oﬃcial Rules, including, without limitation, all eligibility requirements, and understands and agrees that the results of the Sweepstakes, as determined by Oberlo and its parent companies, subsidiaries, aﬃliates, third party prize suppliers, advertising/promotion agencies and any entity involved in the production, implementation, administration or fulﬁllment of the Sweepstakes (collectively, the “Sweepstakes Parties”), and all decisions of the Sweepstakes Parties are ﬁnal and binding in all respects. The Sweepstakes is void where prohibited by law.
The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram LLC (“Instagram”), YouTube, LLC (“YouTube”), or Twitter, Inc. (“Twitter”). Any questions, comments or complaints regarding the Sweepstakes should be directed to Oberlo, notTwitter, YouTube, or Instagram.
The Sweepstakes begins on October 17, 2019 at 00:00:00 (GMT+6) and ends on/at November 1, 2019 at 11:59:59 p.m. (GMT+6) (the “Sweepstakes Period”). All entries must be received during the Sweepstakes Period as further set forth in the How to Enter section of these Oﬃcial Rules.
The Sweepstakes is open to legal residents of Canada (excluding residents of the Province of Québec), the 50 United States and the District of Columbia who have reached the legal age of majority in their jurisdiction of residence at the time of entry and who have a valid account in good standing on the Twitter, YouTube or Instagram platform (“Platform”) as of the beginning of the Sweepstakes Period and through the time of prize award. The Sweepstakes Parties have the right to verify the eligibility of each entrant. Corporate entities are not eligible and have no right to claim any prize won by their employees. Employees, oﬃcers, directors, members, managers, agents and representatives of the Sweepstakes Parties, as well as such individuals’ immediate family (father/mother, brother/sister, son/daughter, spouse/domestic partner, legal guardian/legal ward, grandparents/grandchildren) or persons living in the same household (whether related or not) are not eligible to enter this Sweepstakes.
3. HOW TO ENTER
Eligible individuals (see Eligibility section of these Oﬃcial rules for eligibility requirements) can enter the Sweepstakes by visiting the https://www.oberlo.com/blog/start-yours-giveaway page and following the instructions in the call to action for this Sweepstakes posted by Oberlo on the page (“Start Yours Giveaway Terms and Conditions”). The Call to Action Post will direct entrants to (i) subscribe to Start Yours on Apple Podcasts; (ii) subscribe to Start Yours on Spotify; (iii) subscribe to Start Yours on Google Podcasts; (iv) subscribe to Start Yours on Pocket Casts; (v) subscribe to Start Yours on Stitcher; (vi) refer a friend for extra entries (maximum of 10 referrals); (vii) answer a question about the first episode.
There is a limit of one (1) entry per person and per Platform account or accepted action during the Sweepstakes Period regardless of method of entry, provided however that it is possible to obtain multiple entries if entrant participates in the daily bonus entries or refers friends for extra entries as above. There is a limit of one (1) Prize (deﬁned below) per participant. Each entrant’s Platform proﬁle settings must allow for Oberlo to view and detect his/her Entry Post and to communicate with him/her via the Platform (including, without limitation, following/liking Oberlo’s account on the Platform during the Sweepstakes Period and through the time of Prize award where necessary). It is each entrant’s responsibility to timely set his/her account settings so that Oberlo is able to view his/her Entry Post and communicate with him/her. Oberlo is not responsible for misspellings, typographical errors, or other issues that may affect an Entry Post from being located using a search to ﬁnd eligible entries. Your Entry Post will not be deemed an entry in the Sweepstakes until Oberlo veriﬁes that it complies with these Oﬃcial Rules and the Platform’s applicable policies; but, otherwise, the substantive content of the Entry Post will not affect an entrant’s chances of winning. Such approval or disapproval of an Entry Post will not be communicated. Oberlo, at its sole discretion, may accept or disqualify an Entry Post that is accompanied by a technically incorrect required unique term or content in addition to the required content. Your Entry Post must remain active on your Platform account through winner selection and prize award for the Sweepstakes to be eligible. Your Entry Post may appear on your Platform account feed and may be visible to other users or the public. Incorrect and/or incomplete attempts at entry or those identiﬁed or received outside the Sweepstakes Period, and/or Entry Posts that contain obscene, offensive, or objectionable language or language that violates a third party’s intellectual property rights or communicates messages inconsistent with the positive images to which Oberlo wishes to associate (all as determined by Oberlo in its sole discretion) will be void and not eligible for entry. For purposes of this Sweepstakes, an Entry Post is “received” when Oberlo is able verify that it was posted on the Platform during the Sweepstakes Period. Other proof of submitting an entry (such as a printed or copied screen shot) does not constitute actual receipt of the entry for purposes of this Sweepstakes. Each entrant must be the rightful owner of the Platform account utilized for entry. The Platform’s database clock will be the oﬃcial timekeeper for this Sweepstakes. Entries may not be made jointly or by any group and may only be made by an individual. Entries must be received via the Platform and in strict accordance with the instructions and restrictions on the Platform and these Oﬃcial Rules. Facsimiles, mechanical reproductions, alterations, garbled, incomplete, misdirected, lost, late, mutilated, or forged entries, or entries generated by a macro, bot, or other automated means will not be accepted and are void. Those who do not follow all of Oberlo’s instructions, provide the required information in their entry, or abide by these Oﬃcial Rules will be disqualiﬁed. Entries made by any other individual or any entity, and/or originating at or using any other website, including, without limitation, commercial promotion subscription notiﬁcation and/or entering service sites, will be declared invalid and disqualiﬁed for this Sweepstakes.
The use of any device or process to automate the entry process is prohibited. Entries will not be acknowledged.
4. SUBMISSION REQUIREMENTS
Entry Post, and any accompanying content or information (collectively, “Entrant Content”) must meet all of the requirements in these Oﬃcial Rules, including the following, or the associated entry will be disqualiﬁed:
5. PROCEDURE FOR AWARDING PRIZES
Entries that comply with the Oﬃcial Rules and all instructions of Oberlo and are received during the Sweepstakes Period (“Eligible Entries”) will be gathered into a database at the end of the Sweepstakes Period on November 1st, 2019, at 11:59:59 p.m. (GMT+6) at the oﬃces of Oberlo, located at Oberlo UAB, Green Hall 2, Upės g. 23, Vilnius 0812, Lithuania, at approximately at 1:00:00 p.m. Eastern Time (ET), one (1) eligible entry will be selected by random computer generated draw from among all Eligible Entries for the Grand Prize. The odds of winning depend on the number of Eligible Entries.
The decisions of the Sweepstakes Parties with respect to all aspects of the Sweepstakes, including, without limitation, the drawing results, are ﬁnal and binding on all entrants without right of appeal, including, without limitation, any decisions regarding the eligibility and/or disqualiﬁcation of entries and/or entrants.
The winner will be announced on or about November 2nd, 2019, on or about 11:59:59 p.m. (GMT+1) via a post by Oberlo on the Platform (“Notiﬁcation Post”). Such Notiﬁcation Post will contain instructions for the next steps in the winner veriﬁcation process. Each entrant is responsible for setting up his/her Platform account so that he/she may receive and/or view such Notiﬁcation Post(s) and/or other communications from Oberlo and monitoring his/her Platform account for such Notiﬁcation Post(s) and/or other communications related to the Sweepstakes. To receive such a Notiﬁcation Post and/or other communications from Oberlo, you may be required to aﬃrmatively accept such communications from Oberlo and/or like/follow Oberlo’s account on the Platform. The potential winner must respond to Oberlo according to the instructions in the Notiﬁcation Post within 7 days, or the potential winner may forfeit the Prize and any further participation in the Sweepstakes in Oberlo’s sole discretion.
Before being declared a Prize winner, the selected entrant will be required to: (a) correctly answer a mathematical skill-testing question without mechanical or other aid to be administered in writing or over the telephone if he/she is a resident of Canada; and (b) if requested by Oberlo, sign, have notarized (if applicable), and return to Oberlo (without alteration) a declaration/aﬃdavit and liability/publicity release (unless prohibited by law) within 14 days of receipt (which may require providing winner’s Social Security Number/Social Insurance number for tax purposes) (collectively, the “Winner Documents”); and (c) sign a transfer agreement to effect transfer of the Grand Prize (“Transfer Agreement”). If the selected entrant: (a) fails to correctly answer the skill-testing question (for Canadian residents only); (b) fails to return the properly executed Winner Documents within the speciﬁed time (if required by Oberlo) or respond according to Oberlo’s instructions; (c) cannot accept (or is unwilling to accept) the Prize as awarded for any reason; and/or (d) is determined to be in violation of these Oﬃcial Rules, or if any prize, prize notiﬁcation, or Sweepstakes-related communication is rejected, faulty, or returned as undeliverable (all as determined by the Sweepstakes Parties in their sole and absolute discretion); then he/she may, in the sole and absolute discretion of the Sweepstakes Parties, be disqualiﬁed (and, if disqualiﬁed, will forfeit all rights to the Prize) and the Sweepstakes Parties reserve the right, in their sole and absolute discretion and time permitting, to randomly select an alternate eligible entrant from among the remaining Eligible Entries (in which case the foregoing provisions of this section shall apply to such newly selected entrant). Oberlo reserves the right to modify the notiﬁcation procedures in connection with the selection of any alternate winner. Prize elements will only be mailed to winner’s address in one (1) of the ﬁfty (50) United States, the District of Columbia, or Canada (excluding Quebec) in Oberlo’s sole discretion. Oberlo may only look to three (3) alternate winners for the Prizes, at which point the Prizes may be deemed unclaimed and Oberlo will have no further obligation with respect to the Prizes. Upon prize forfeiture, no compensation will be given and Oberlo will have no responsibility or liability to that entrant. The Winner Documents are subject to veriﬁcation by Oberlo. 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 which might arise from claiming or seeking to claim said Prize.
6. PRIZES AND APPROXIMATE RETAIL VALUE
There is one (1) prize available in this Sweepstakes. The prize available in this Sweepstakes consist solely of one (1) “Grand Prize”. The Grand Prize consists of: (i) one brand new Macbook Pro 13 Inch Laptop (Worth $1,700); (ii) one (1) 1-year subscription to Shopify ($79 per month plan); (iii) $100 certificate for Death Wish Coffee.
Additional terms and conditions apply to the Shopify plan. Incidental expenses and all other costs and expenses which are not speciﬁcally listed as part of the Prize in these Oﬃcial Rules and which may be associated with the award, acceptance, receipt and use of all or any portion of the awarded Prize are solely the responsibility of the Prize winner. ALL FEDERAL, NATIONAL, STATE, PROVINCIAL, TERRITORIAL AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE IS SOLELY THE RESPONSIBILITY OF THE WINNER. Prize, if legitimately claimed, will be awarded. Prize details not speciﬁcally stated in these Oﬃcial Rules will be determined in Oberlo’s sole discretion. Oberlo is not responsible for and will not replace any lost, mutilated or stolen Prize or any Prize that is undeliverable or does not reach the winner because of incorrect or changed contact information. If winner does not accept or use the entire Prize, the unaccepted or unused part of the Prize will be forfeited and Oberlo will have no further obligation with respect to that prize or portion of the Prize. Oberlo is not responsible for any inability of the winner to accept or use the Prize (or portion thereof) for any reason. Oberlo reserves the right to substitute the stated Prize or portion thereof with another prize or portion thereof of equal or greater value for any reason, including, without limitation, Prize unavailability. No more than the stated Prize will be awarded. By signing up for, or using the Shopify services or any of the services of Shopify Inc. or its affiliates (“Shopify”) included in the Prize, the winner agrees to be bound by the terms and conditions contained in Shopify’s Terms of Service agreement, available here: https://www.shopify.com/legal/terms.
7. ADDITIONAL LIMITATIONS/RULES
The Prizes shall be accepted as is and may not be exchanged or refunded for an amount of money, sold or transferred, except in Oberlo’s sole discretion. No substitutions will be allowed, except in Oberlo’s sole discretion. The winner(s) agree that the Sweepstakes Parties do not make any representations, warranties, or guarantees, express or implied, in fact or in law, whether now known or hereinafter enacted, relative to the use or enjoyment of the Prizes, including, without limitation, its quality, condition, ﬁtness for a particular purpose, or merchantability. The Sweepstakes Parties are not responsible for any typographical or other errors or omissions in the offer or administration of the Sweepstakes, including, but not limited to, errors or omissions in any printing or posting of these Oﬃcial Rules or other Sweepstakes-related material, the selection and announcement of any winner, or the distribution of the Prizes. Any attempt to deliberately damage any website or to undermine the legitimate operation of the Sweepstakes is a violation of criminal and civil laws. Should such an attempt be made, the Sweepstakes Parties reserve the right to seek remedies and damages to the fullest extent permitted by law, including criminal prosecution. The Sweepstakes Parties reserve the right to terminate, suspend or amend the Sweepstakes, without notice, and for any reason, including, without limitation if the Sweepstakes Parties determine that the Sweepstakes cannot be conducted as planned or if a virus, bug, tampering or unauthorized intervention, technical failure or other cause beyond the Sweepstakes Parties’ control corrupts the security or proper administration of the Sweepstakes. In such event, Oberlo may award the Prizes from Eligible Entries received prior to termination, amendment, or suspension or as otherwise deemed fair and appropriate by Oberlo. In the event of improper play, tampering or unauthorized intervention in the Sweepstakes, the Sweepstakes Parties reserve the right to void any suspect entries. Entrants agree to not damage or cause interruption of the Sweepstakes and/or prevent others from using the Sweepstakes. Oberlo reserves the right to restrict or void online entries or participation from any IP address if any suspicious entry and/or participation are detected. If Oberlo determines at any time in its sole discretion that a winner or potential winner is disqualiﬁed, ineligible, in violation of these Oﬃcial Rules, or engaging in behavior that Oberlo deems obnoxious, inappropriate, threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Oberlo reserves the right to disqualify the winner or potential winner, even if the disqualiﬁed winner or potential winner may have been notiﬁed or displayed or announced anywhere. If any person supplies false information, obtains entries by fraudulent means, or is otherwise determined to be in violation of these Oﬃcial Rules in an attempt to obtain any prize, Oberlo may disqualify that person and seek damages from him or her and that person may be prosecuted to the full extent of the law. Released Parties are not responsible for any changes to or unavailability of the Platform that may interfere with the Sweepstakes (including any limitations, any restrictions, or any conditions on Oberlo’s ability to use the Platform for the Sweepstakes as set forth herein that are not acceptable to Oberlo) or ability of entrant to timely enter, receive notices or communicate with Oberlo, in which case Oberlo, in its sole discretion, may terminate or modify the Sweepstakes. Sweepstakes Parties are not responsible for electronic communications that are undeliverable as a result of any form of active or passive ﬁltering of any kind, or insuﬃcient space in entrant’s e-mail or other account to receive messages. Sweepstakes Parties are not responsible, and may disqualify you, if your e-mail address or other contact information does not work or is changed without prior written notice to Oberlo.
8. INDEMNIFICATION AND LIMITATION OF LIABILITY
The Sweepstakes Parties and Instagram, YouTube, Twitter, and each of their respective oﬃcers, directors, employees, members, managers, representatives, agents, successors and assigns (collectively, the “Released Parties”) will not be liable for any loss, damages or injury, claims or fees (including, without limitation, any injury, damage, death, loss, or accident to person or property) related to or arising out of: (a) preparing for, participating in and/or traveling to or from any prize or Sweepstakes-related activity; (b) any failure of the Released Parties’ websites or Platform during the Sweepstakes; (c) any technical malfunction, lost or delayed data transmission, omission, interruption, deletion, line failure or malfunction of any telephone network, computer online systems, servers, access providers, computer equipment or software, the inability to access any website or online service or any other error, human or otherwise; (d) the failure of any entry to be received, captured or recorded for any reason, including, but not limited to, technical problems or traﬃc congestion on the internet, the Platform, or at any website; (e) any injury or damage to an entrant’s or any other person’s computer or other device related to or resulting from participating in the Sweepstakes; (f) the award, acceptance, possession, use or misuse of any Prize or any portion thereof; (g) Prizes that are lost, damaged or misdirected during shipping; (h) entries that are submitted by illegitimate means (such as, without limitation, by an automated computer program); and/or(i) any combination of the above.
Without limiting any other provision in these Oﬃcial Rules, Released Parties are not responsible or liable to any entrant or winner or any person claiming through such entrant or winner for failure to supply the Prizes or any part thereof in the event that any of the Sweepstakes activities or Released Parties’ operations or activities are affected, as determined by Oberlo in its sole discretion, including, without limitation, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi- governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), ﬁre, ﬂood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any law, rule, regulation, order or other action adopted or taken by any governmental, federal, state or local government authority, or any other cause, whether or not speciﬁcally mentioned above.
EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY JURISDICTION OF THE UNITED STATES OR CANADA ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS:
“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
9. PERSONAL INFORMATION
If the identity of an entrant is disputed, the registered account holder of the e-mail address associated with the Platform account submitted at the time of entry will be deemed to be the entrant, but only if that person meets all other eligibility criteria, otherwise the entry may be disqualiﬁed and any potential Prize won will be forfeited in Oberlo’s sole discretion. A registered account holder is deﬁned as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. A selected entrant may be required to provide proof that he/she is the authorized account holder of the Platform account associated with the selected entry. All entries must be submitted from a valid Platform account. Any damage made to the Platform will be the responsibility of the registered account holder of the e-mail address for the Platform account submitted at the time of entry.
Except where prohibited, each entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any Prize awarded shall be resolved individually, without resort to any form of class action, and shall be governed by and construed in accordance with the laws of the Province of Ontario. The entrant hereby accepts the jurisdiction of the courts of the Province of Ontario with respect to any legal actions, suits or proceedings arising out of or related to this Sweepstakes and agrees not to oppose any action brought in Ontario on the basis that the courts of Ontario are not an appropriate or convenient forum for same; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred (not to exceed $10 USD ($10 CAD)), but in no event attorneys’ fees; (c) no punitive, incidental, special, consequential or other damages, including without limitation lost proﬁts may be awarded (collectively, “Special Damages”) and entrant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased. Ontario law, without reference to Ontario’s choice of law rules, governs the Sweepstakes and all aspects related hereto.
Oberlo’s failure to or decision not to enforce any provision in these Oﬃcial Rules will not constitute a waiver of that or any other provision. In the event there is an alleged or actual ambiguity, discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials and/or these Oﬃcial Rules (including any alleged discrepancy or inconsistency in these Oﬃcial Rules), it will be resolved in Oberlo’s sole discretion. Entrants waive any right to claim ambiguity in the Sweepstakes or these Oﬃcial Rules. The invalidity or unenforceability of any provision of these Oﬃcial Rules will not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Oﬃcial Rules will otherwise remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
By participating (except where prohibited by law), each entrant grants the Sweepstakes Parties the irrevocable, sublicensable, absolute right and permission to use his/her name, likeness, photograph, biographical information, voice, comments, and any other indicia of persona (regardless of whether altered, changed, modiﬁed, edited, used alone, or used with other material in the Released Parties’ sole discretion) without further notice or payment of additional consideration in any publicity, advertisement or other promotional, trade or commercial use carried out by or on behalf of the Sweepstakes Parties in any media, current or not yet existing (including, without limitation, print, broadcast or the internet) worldwide, without any limitation of time and without notice, review or approval and each entrant releases all Released Parties from any and all liability related thereto. Nothing contained in these Oﬃcial Rules obligates Oberlo to make use of any of the rights granted herein and each entrant waives any right to inspect or approve any such use.
12. OFFICIAL RULES/WINNER LIST
To ﬁnd out who won, visit https://www.oberlo.com/blog/start-yours-giveaway. Requests must be received no later than three (3) months following the end of the Sweepstakes Period. For a copy of these Oﬃcial Rules, print out these pages.
13. SWEEPSTAKES SPONSOR
The Sweepstakes is sponsored by: Oberlo UAB, Green Hall 2, Upės g. 23, Vilnius 0812, Lithuania. Any questions regarding the Sweepstakes should be directed to Oberlo at firstname.lastname@example.org.