Square Card Contest Rules (Canada)

Official Rules (the “Rules”)

NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED BY LAW. FOR THE AVOIDANCE OF DOUBT, ENTRANTS ALSO INCLUDE A NOMINATED BUSINESS.
THE CONTEST WINNERS WILL BE REQUIRED TO RESPOND TO WINNER NOTIFICATIONS AND OTHER COMMUNICATIONS FROM SPONSOR (DEFINED BELOW) AS DIRECTED IN A NOTICE FROM SPONSOR OR PRIZE MAY BE FORFEITED IN SPONSOR’S SOLE DISCRETION. AFFIDAVIT OF ELIGIBILITY / RELEASE OF LIABILITY / PRIZE ACCEPTANCE AGREEMENT MAY BE REQUIRED.
BY ENTERING THE CONTEST, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.

SPONSOR AND ELIGIBILITY:

The Square Card Canada Contest (the “Contest”) begins September 2, 2024 and is open to holders of an “Eligible Square Card” (as hereinafter defined), who are residents of Canada and are of the age of majority or older in their province or territory of residence at the time of entry. For purposes of the Contest, an “Eligible Square Card” is the prepaid card issued by Square Canada, Inc. (the “Sponsor”) pursuant to a license by Mastercard International Incorporated (“Mastercard”) which, Sponsor, in its sole discretion, has determined and communicated (via email or advertising) is eligible for participation in the Contest.

Employees, representatives or agents (and those with whom such persons are domiciled, whether related or not) of the Sponsor or Mastercard, or their respective parent companies, related companies, affiliates, distributors and subsidiaries and advertising/promotion agencies (collectively, the “Contest Parties”), are not eligible to participate in the Contest. This Contest is subject to all applicable federal, provincial, and local laws and regulations.

The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility to participate in this Contest. Failure to provide such proof to the satisfaction of the Sponsor in a timely manner may result in disqualification.

CONTEST PERIOD AND ENTRY:

Eligible holders of an Eligible Square Card will automatically receive one (1) Contest entry for each eligible purchase transaction (“Eligible Transaction”) made using their Square Card between 11:59:59 p.m. ET September 2, 2024, at 9:00:01 a.m. Eastern Time (“ET”) and October 31, 2024 11:59:59 p.m. ET (the “Contest Period”), provided the Eligible Transaction is posted to their account no later than November 5, 2024 at 11:59:59 p.m. ET. Purchase transactions involving account adjustment transactions/returns and international transactions, late payment fees, over-limit or over-draft transactions or fees, return cheque fees, cheque re-order fees, ATM transactions or fees, cash advances, monthly/annual fees, balance transfers and/or other fees assessed on your account are not eligible for automatic Contest entry. Entries from corporate cards, international cards, unauthorized card use or those made with lost, stolen or fraudulent cards are void. Only purchase transactions made with a Square Card for an account that is in good standing (at both time of entry and winner selection) to an identifiable cardholder and that is processed and submitted through Sponsor’s Canadian transaction processing system during the Contest Period are eligible for automatic entry.

There is no limit to the number of entries. All entries, regardless of the method of entry, become the property of Sponsor and will not be acknowledged or returned. The decisions of the Sponsor with respect to all aspects of this Contest are final and binding on all entrants without right of appeal, including, without limitation, any decisions regarding the eligibility/disqualification of entries, Eligible Transactions and/or entrants. Your use of your Square Card to make a purchase constitutes your consent to participate in this Contest. As a condition of entering the Contest, without limiting any other provision in these Official Rules, each entrant gives consent for Sponsor and its agents to collect, use and disclose their name, address and other information to third parties for the purpose of administering this Contest, fulfilling the Prize, and complying with applicable laws, regulations, and rules. Except as otherwise contemplated in these Official Rules, Sponsor will treat the personal information collected in connection with the Contest in accordance with its online privacy policy, located at https://squareup.com/ca/en/legal/privacy.

The Released Parties (defined below) are not responsible for lost, incomplete, illegible, late, misdirected, stolen, postage-due, or mutilated entries or mail; any error, omission, interruption, defect or delay in transmission or communication; technical or mechanical malfunctions; failures or malfunctions of phones, phone lines or telephone systems; interrupted or unavailable cable or satellite systems; errors in these Rules, in any Contest-related advertisements or other materials; failures of electronic equipment, computer hardware or software, or inaccurate entry information, whether caused by equipment, programming used in this Contest, human processing error, or otherwise.

All entries (and Eligible Transactions) are subject to verification at any time. The Sponsor reserves the right, in its sole discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification) to participate in this Contest. Failure to provide such proof to the satisfaction of the Sponsor in a timely manner may result in disqualification. The sole determinant of the time for the purposes of a valid entry in this Contest will be the Sponsor’s official clock.

PRIZES:

There are three (3) grand prizes (each, a “Prize” and collectively, the “Prizes”) available to be won, with each individual Prize consisting of CAD $30,000 in free processing for a designated period of time to be set by Sponsor. Free processing will be applied to the winners’ Square account on a date to be determined by Sponsor and Sponsor may, at its sole discretion, include additional terms and conditions associated with the Prizes at the time of delivery.

Each Prize must be accepted as awarded, is not transferable, assignable or convertible to cash, and there can be no substitutions (except as may otherwise be specifically permitted by Sponsor in its sole and absolute discretion). Sponsor reserves the right at any time to substitute a Prize or a component thereof for any reason with a prize or a prize component of equal or greater value, including, without limitation, but solely at the Sponsor’s sole discretion, a cash award.

Limit of one (1) prize per Square account holder.

WINNER SELECTION AND NOTIFICATION:

On November 18, 2024 (the “Draw Date”), at approximately 12:00 PM ET at 5000 Yonge Street, Suite 1501, Toronto, Ontario M2N 7E9, three (3) eligible entrants will be selected by random draw by the Sponsor. Odds of winning depend on the number of eligible entries received in accordance with these Rules.

Subject to compliance with these Rules, each prize will be awarded to the eligible individual named on the card that is used to transact the winning entry (as determined by the Sponsor’s internal records). In the event that an entrant is selected, if awarding of a prize is in conflict with the applicable business’s written policy or not feasible after Sponsor’s good faith effort to obtain the eligible entrant’s contact information the Sponsor reserves the right, in its sole discretion, to randomly select an alternate eligible entrant from among the remaining eligible entries received in accordance with these Rules.

The Sponsor will make a minimum of three (3) attempts to contact the selected entrants by email within thirty (30) business days of the Draw Date. If a selected entrant cannot be contacted within thirty (30) business days of the Draw Date, or there is a return of any notification as undeliverable; then he/she will be disqualified (and forfeit all rights to his/her prize) and the Sponsor reserves the right, in its sole discretion, to randomly select an alternate eligible entrant from among the remaining eligible entries received in accordance with these Rules (in which case the foregoing provisions of this section shall apply to such new selected entrant). For greater certainty and the avoidance of any doubt, the Sponsor does not have the obligation to select an alternate eligible winner.

WINNER SELECTION AND CONFIRMATION:

Prior to being declared a confirmed winner of a Prize, the potential winner will be required to: (i) correctly answer a time-limited, mathematical, skill-testing question (without electronic, mechanical or other assistance); and (ii) at Sponsor’s sole discretion, sign and submit the Sponsor’s declaration and release, which (among other things): (a) confirms compliance with these Rules; (b) acknowledges acceptance of the prize as awarded; and (c) releases the Contest Parties and each of their respective officers, directors, agents, representatives, successors and assigns (collectively, the “Released Parties”) from any and all liability in connection with this Contest, his/her participation therein and/or the awarding and use/misuse of the Prize. If a potential winner: (a) fails to correctly answer the skill-testing question; (b) fails to submit the properly executed Contest documents; and/or (c) cannot accept the applicable prize for any reason, then he/she will be disqualified (and will forfeit all rights to the prize) and an alternate winner may be selected.

Winners are responsible for obtaining professional tax advice and are responsible for any tax obligations arising from the Prizes.

LIMITATION OF LIABILITY:

The decisions of the Sponsor (and/or the Contest Administrator, as applicable) with respect to all aspects of this Contest are final and binding on all entrants without right of appeal, including, without limitation, any decisions regarding the eligibility/disqualification of Eligible Transactions and/or entrants. By participating in this Contest, you are giving consent to the Sponsor to obtain (and to deliver to the Contest Administrator) your name, address, email address and other information only for the purpose of administering this Contest. Sponsor and/or its agents or representatives may obtain personally identifiable information about you only in the event that you are a selected entrant in accordance with these Rules.

The Released Parties are not responsible or liable for any of the following: (a) stolen, lost, late, misdirected, garbled, mutilated, damaged, incomplete, inaccurate, or illegible Entries, e-mail, mail, Contest-related correspondence or postage-due mail or any technical, computer, mechanical, printing, typographical, human or other errors relating to or in connection with the Contest, including, without limitation, errors which may occur in connection with the administration of the Contest, the mailing or transmission of notification or correspondence, the processing of Entries, the announcement of any prize or in any Contest related materials; (b) technical failures of any kind; (c) unauthorized human and/or mechanical intervention; (d) human error; (e) any error, omission, interruption, defect or delay in transmission or communication; (f) viruses or mechanical malfunctions; (g) errors, typos, or misprints in these Official Rules, in any Contest related advertisements or other materials; or (h) lost or unavailable network connections. Sponsor is not responsible for electronic communications that are undeliverable as a result of any form of filtering or insufficient space in Entrant’s e-mail account. Sponsor is not responsible, and may disqualify Entrant, if his or her e-mail address, telephone, or other contact information does not work or if it is changed without Entrant giving prior written notice to Sponsor.

AS A CONDITION OF PARTICIPATING IN THIS CONTEST, EACH ENTRANT AGREES TO RELEASE, INDEMNIFY AND HOLD HARMLESS CONTEST PARTIES AND EACH OF THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, DIVISIONS AND ADVERTISING, AND PUBLIC RELATIONS AGENCIES, AND EACH OF THEIR RESPECTIVE AGENTS, REPRESENTATIVES, OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS AND EMPLOYEES (COLLECTIVELY, “RELEASEES”) FROM AND AGAINST ANY LIABILITY WHATSOEVER FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH THE USE, ACCEPTANCE, POSSESSION, MISUSE OR AWARDING OF ANY PRIZE, WHILE PREPARING FOR, PARTICIPATING IN AND/OR TRAVELING TO OR FROM ANY CONTEST OR PRIZE RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON OR PROPERTY. EACH WINNER AGREES THAT THE PRIZE IS PROVIDED AS-IS WITHOUT ANY WARRANTY, REPRESENTATION, GUARANTEE OR CONDITIONS, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE PRIZE. FURTHER, THE CONTEST PARTIES ARE NOT RESPONSIBLE IN ANY WAY FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS, OR RE-ROUTING RESULTING FROM ANY ACTS OF ANY GOVERNMENT OR AUTHORITY.

Sponsor reserves the right, at its sole discretion to disqualify any entry, to modify, terminate, or suspend this Contest (or amend these Rules) should a virus, bug, non-authorized human intervention, action of entrant(s), or other cause corrupt or impair the administration, security, fairness, or proper play of the Contest, and, if the Contest is modified, terminated, or suspended, select at random a winner from those eligible, non-suspect entries received prior to the event requiring such modification, termination or suspension. The Sponsor reserves the right to cancel or suspend this Contest, or to amend these Rules, without prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind, or for any other reason. Any attempt to deliberately undermine the legitimate operation of this Contest is a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law.

By participating in this Contest, each entrant: (i) agrees to be legally bound by these Rules; (ii) agrees to release and hold harmless the Released Parties from and against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property related cause of action; and (iii) releases the Released Parties from any and all liability in connection with this Contest and his/her participation therein.

By participating, entrants agree that the Released Parties shall have no liability and will be held harmless for any liability, loss, injury or death to entrant or any other person, including, without limitation, damage to personal or real property, due in whole or in part, directly or indirectly, by reason of the acceptance, possession, use or misuse of a Prize or participation in this Contest.

LICENSES AND APPROVALS

Except where prohibited by law, acceptance of a Prize constitutes winner’s consent to Sponsor’s and its agents’ use of the winner’s name, likeness, photograph, voice, opinions and/or city/province of residence for advertising and promotional purposes in any media, worldwide, without payment or consideration. You may be required to sign a document confirming your consent to this effect.

All intellectual property used by the Sponsor in connection with the promotion and/or administration of the Contest, including, without limitation, all trademarks, trade names, logos, designs, promotional materials, web pages, source code, drawings, illustrations, slogans and representations are owned (or licensed, as the case may be) by the Sponsor and/or its affiliates. All rights are reserved. Unauthorized copying or use of any such intellectual property without the express written consent of its owner is strictly prohibited.

DISPUTES AND GOVERNING LAW

BY PARTICIPATING IN THE CONTEST, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION THAT CANNOT BE RESOLVED BETWEEN ENTRANT AND ANY RELEASEE ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) 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 LEGAL FEES BE AWARDED OR RECOVERABLE; (3) 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 (4) ENTRANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.

Subject to applicable law, any dispute arising under or related hereto (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of the province of Ontario, Canada, without reference to its conflicts of law principles and will be brought exclusively in courts located in Toronto, Ontario, and each Entrant accepts and submits to the personal jurisdiction of these Ontario courts with respect to any legal actions, suits or proceedings arising from or relating to this Contest or these Official Rules.

You acknowledge that you have been provided with the French version of these contest rules available __here__ and, having had the opportunity to review the French version first, you acknowledge and agree that this English version of the contest rules and all related documents shall be drafted and provided to you in English.

In the event of any discrepancy or inconsistency between the terms and conditions of these Rules and disclosures or other statements contained in any Contest-related materials, including, but not limited to any point of sale, television, print or online advertising or the French version of these Rules; the terms and conditions of these English Rules shall prevail, govern and control.