General
Square Canada iPad Contest
- NO PURCHASE IS NECESSARY TO ENTER THIS CONTEST (the “Contest”). A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. INTERNET CONNECTION IS REQUIRED. THIS CONTEST IS OPEN TO ALL RESIDENTS OF CANADA EXCEPT FOR QUEBEC. YOU MUST BE THE AGE OF MAJORITY TO ENTER.
- All monetary amounts herein are calculated in Canadian dollars.
- The Contest is open only to individuals who are legal or permanent residents of Canada excluding Quebec and who are at least eighteen (18) years of age and have reached the age of majority in their province or territory of residence at the time of entry, except the directors, officers, agents and employees of Square, Inc. and all of its affiliated and associated entities and divisions (collectively, “Square”), their respective advertising and promotional agencies and all members of their respective immediate families living in the same household and any other persons with whom they are domiciled. For greater certainty, it is understood that entrants who are minors in their jurisdiction of residence are not eligible to enter the Contest.
- By entering the Contest, each entrant accepts the terms and conditions of these Contest rules and regulations (the “Rules”) and agrees to be bound by them. The Contest is subject to all applicable federal, provincial, municipal and local laws and regulations. The Contest is void where prohibited or restricted by law.
- In order to enter for a chance to win the one (1) Prize, each entrant must, between March 19, 2018 at 12:00 a.m. (Eastern time) and March 23, 2018 at 11:59 p.m. (Eastern time) (the “Entry Deadline”): a. Complete the Square survey in its entirety including correctly answering a mathematical skill testing question (without the assistance of another person or mechanical device) (the “Skill Testing Question”);
- For the purposes of awarding the Prize, a Square employee will randomly select, in its sole and absolute discretion, one (1) Prize winner on March 26, 2018 at 10 a.m. (Eastern time) (the “Announcement Date”).
- Each entrant hereby releases, discharges and saves harmless Square from any and all claims, demands, actions, causes of action, damages, liabilities, costs, losses and expenses without limitation, including as may be related to invasion of privacy, infringement of his or her rights of publicity or personality, defamation, libel, slander and/or any other personal, moral and/or property rights in any way arising out of his or her participation in the Contest..
- All eligible entries for the Contest must be made and received by Square by the Entry Deadline and must comply with the terms hereof. All entries become the property of Square including all survey responses by entrant. Any entries by third parties, or generated by a script, macro or by any other automated means whatsoever (including, without limitation, any electronic, robotic or computer automated or automatic contest entry program, tool, service, script, bot, macro, system or software, whether commercially developed or otherwise), or that contain typographical errors, are altered, tampered with, incomplete, inaccurate, irregular in any way, or otherwise not in compliance with the Rules, will be considered null and void and will cause the disqualification of such entrant from the Contest. Repeated violations of the foregoing may render such entrant ineligible for future contests or promotions offered by Square. Odds of winning the Prize will vary depending on the number of eligible entries received by the Entry Deadline.
- ONLY ONE (1) ENTRY PER INDIVIDUAL IS PERMITTED. For greater certainty, it is understood that a single individual may only submit one survey and multiple submissions of the survey by a single individual may be disqualified. Any attempt by any entrant to submit more than one survey, will be considered null and void and will cause the disqualification of such entrant from the Contest. Repeated violations of the foregoing may render such entrant ineligible for future contests or promotions offered by Square.
- One (1) grand prize consisting of an Apple iPad valued at five hundred CAD ($500.00) (the “Prize” will be awarded. The Contest will have one (1) Prize winner (the “Prize Winner”) in total.
- For the purposes of claiming his or her Prize, within two (2) business days of the Announcement Date, an entrant will be contacted by Square through email or phone informing him or her that he or she has won the Prize and asking him or her to get in touch with a Square representative (the “Representative”) by e mail or telephone within two (2) business days (the “Claim Date”). Once the Prize Winner has been in touch with the Representative by e mail or telephone by the Claim Date, such selected Prize Winner will be required to provide the Representative with evidence satisfactory to Square in its sole and absolute discretion demonstrating that he or she is in fact the Prize Winner. Square will not be responsible for failed attempts to contact a selected winner for any reason whatsoever, including, without limitation if any e mail communication is returned as undeliverable or if any telephone communication is unsuccessful or not returned. If a selected winner cannot be reached by the Claim Date or fails to contact the Representative as required within the aforementioned time period for any reason whatsoever, such selected winner may be disqualified and deemed to have forfeited his or her Prize without any prize replacement, reimbursement or substitution of any kind whatsoever and in such circumstances, Square may, in its sole and absolute discretion, choose to select another winner from among the remaining eligible entries on the basis of the Selection Criteria until such time as contact is made by e mail or telephone with such selected winner. If all or part of the Prize cannot be awarded due to actions or circumstances beyond the control of Square, Square may decide, at its sole and absolute discretion, to award a substitute prize (or substitute prizes) of equal or greater retail value.
- Square reserves the right to verify eligibility qualifications of any entrant or Prize Winner. In addition to the eligibility requirements set forth in Section 3, the Prize Winner must comply with the Rules. In addition to the foregoing and in order to be eligible to receive the Prize awarded hereunder, the Prize Winner will be required to execute (and notarize if required under applicable law) a full release and affidavit of eligibility in a form to be provided by Square which, inter alia, relieves Square from any and all liability for injury associated with the Prize or any component thereof awarded to the Prize Winner, as well as satisfy any and all laws and regulations and other criteria required by the Prize Winner’s province or territory of residence (the “Release”). Should the Prize Winner not comply with the Rules (including if any one of the representations in Section 9 is false or cannot be made), decline the Prize or any part thereof for any reason whatsoever, not claim his or her Prize by the Claim Date, or otherwise fail to satisfy any requirement or eligibility qualification contained herein, such selected winner will be disqualified and deemed to have forfeited his or her Prize without any prize replacement, reimbursement or substitution of any kind whatsoever and in such circumstances, Square will have no further obligation to the Prize Winner and may decide, in its sole and absolute discretion, to select another winner from among the remaining eligible entries on the basis of the Selection Criteria, in which case the terms and conditions of Section 14, Section 15 and Section 16 herein will apply mutatis mutandis to such new Prize Winner.
- The Prize Winner will be entitled to be awarded his or her Prize on the date on which the eligibility qualifications of the Prize Winner have been satisfied in accordance with Section 15 herein (the “Award Date”). The Prize will be shipped to the entrant within twenty (20) business days of the applicable Award Date. Square reserves the right to modify, in its sole and absolute discretion, the method of delivery and time of delivery of the Prize or any component thereof to the Prize Winner in the event that delivery as described in this Section 16 is not possible due to any cause beyond the control of Square. The name of the Prize Winner may appear on the Website and/or any Square online social networking and media marketing web pages (including, without limitation, Square’s Twitter, Instagram and Facebook pages) for no less than three hundred sixty five (365) days following the Award Date.
- The Prize must be accepted as is, and cannot be redeemed for gift cards or any other pre paid cards of any kind, in whole or in part. No component of the Prize may be returned after pick up or delivery, as applicable. The Prize cannot be combined or used in conjunction with any other Square contest or offer. No substitutions are allowed, except by Sponsor, who may, in its sole discretion, substitute a prize of equal or greater value. Lost or stolen prizes will not be replaced. No rain checks will be provided. No refund or compensation of any costs or expenses incurred by the Prize Winner will be made.
- If, by reason of a typographical or other error, more Prizes are claimed than the number set forth in the Rules, all individuals making purportedly valid claims will be included in a random draw to award the advertised number of Prizes available. No more than one (1) Prize will be awarded in connection with the Contest.
- By submitting the survey for the Contest, an entrant accepts and agrees to the Rules and any decision made by Square in its sole discretion regarding the Contest. By entering the Contest, all entrants irrevocably grant to Square the right to include their name and information (including e mail address) on any of Square’s mailing/e mail lists and for any live person to person calls for promotional purposes relating to Square, and to use their name in any publicity carried out by Square, and agree to grant to Square a non exclusive irrevocable license and right to incorporate, use and reproduce their photograph, voice, name, actual or simulated likeness, biographical information, city or original hometown and province or territory of residence, including survey responses, without additional compensation, in whole or in part in and in connection with the advertising, exhibiting, marketing, promotion and exploitation of its business in any manner, in all media throughout the world whether now known or hereinafter devised, including without limitation, the Website, and/or any Square online social networking and media marketing web pages, and all forms of print, radio, television, home video, and other digital and/or interactive “electronic” media, in perpetuity. Those individuals who do not wish that their personal information be used for such purposes are required to so indicate in writing to Square at the following address: 1455 Market Street, Suite 600, San Francisco, California, USA, 94103; ATTENTION: LEGAL. For further information regarding the use of an entrant’s personal information by Square, please refer to the Square Privacy Policy on the Website.
- Except as otherwise provided herein, all expenses related or incidental to the receipt and/or use of the Prize, including any and all surcharges, fees (including without limitation Square processing fees), and taxes (federal, provincial and local), will be the sole responsibility of the Prize Winner. Square reserves the right to withhold and remit to the appropriate taxing authorities the amount of any taxes due. Without limiting the generality of the foregoing, all fees, costs and expenses of any kind whatsoever not specifically stated herein to be the responsibility of Square, will be the sole responsibility of the Prize Winner. Square reserves the right to conduct background checks on entrants. The Prize and every component thereof is non refundable, non transferable and may not be reissued or revalidated in whole or in part.
- Square will not be responsible under any conditions whatsoever for any problems or technical malfunctions relating to the Contest including the Prize, for any printing or typographical errors or problems in connection with any Contest related materials, or for any computer, online, human or technical malfunctions that may occur in the administration of the Contest, including problems with any computer on line systems, servers, or providers, computer equipment, software, failure of any e mail or survey to be received by Square on account of technical problems, human error or traffic congestion on the internet or at any website, or any combination thereof, including any injury or damage to an entrant’s or any other person’s computer relating to or resulting from participation in the Contest or downloading any Contest related materials. Prize Winner assumes all risk and liability for the Prize. Prize is awarded “as is” with no warranty or guarantee, either express or implied. Prize Winner agrees to look solely to manufacturer for any warranties on the equipment awarded.
- If for any reason the Contest is not capable of running as planned due to (i) infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, technical malfunctions or any other causes corrupting or affecting the administration, security, fairness, integrity or proper conduct of the Contest, (ii) due to any other cause beyond the control of Square, Square reserves the right, in its sole and absolute discretion, to disqualify an individual and/or cancel, terminate, modify or suspend the Contest in whole or in part and/or modify the Rules. Without limiting the generality of the foregoing, Square reserves the right to prohibit an entrant from participating in the Contest if it determines that said entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception or other unfair playing practices or intending to abuse, threaten or harass other entrants. Any attempt by anyone to damage or disrupt the contest or undermine the legitimate operation of the Contest will be considered a violation of criminal and civil laws and should such an attempt be made, Square reserves the right to seek damages or other remedies from any such person to the fullest extent permitted by law, including criminal prosecution.
- All entrants assume all liability for injuries caused or claimed to be caused by participation in the Contest, or the use or misuse of the Prize granted herein, including any and all losses, damages, rights, claims, costs, actions and causes of action with respect to the Prize (including without limitation, in connection with travel, if applicable). Without limiting the generality of the foregoing, by entering the Contest, entrants release and forever discharge Square and each of their respective parent companies, affiliates, subsidiaries, agents, advisors, employees, officers, directors, shareholders, representatives, licensees, franchisees, advertising and promotion agencies, successors and assigns from any and all losses, damages, rights, claims, costs, actions and causes of action of any kind whatsoever arising in connection with the Contest or resulting from the acceptance, possession, or use or misuse of the Prize granted herein or any other prize that may be awarded in connection with the Contest, including without limitation personal injury, death, and/or property damage as well as claims based on publicity rights, defamation, or invasion of privacy.
- BY PARTICIPATING IN THE CONTEST, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (i) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION THAT CANNOT BE RESOLVED BETWEEN ENTRANT AND SQUARE ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (ii) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED, (IF ANY), NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (iii) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (iv) ENTRANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONETARY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF OR TRIAL BY JURY.
- To the extent permitted by applicable law, if any of the terms of the Rules are or become invalid, are ruled illegal by any court of competent jurisdiction or are deemed unenforceable under then current applicable law, it is the intention of the parties hereto that the remainder of the Rules will not be affected thereby and will remain in full force and effect.
- For an additional set of the Rules and/or the Contest winner’s name, visit the Website or send a written request by self addressed, stamped envelope (ensure that sufficient postage is included) to: 1455 Market Street, Suite 600, San Francisco, California, USA, 94103; ATTENTION: LEGAL.