#artisneededhere Rules (the "Giveaway")

Last Updated: January 1, 2018

 

THIS GIVEAWAY IS ONLY OPEN TO US AND CANADIAN RESIDENTS (EXCLUDING QUEBEC) AND IS GOVERNED BY CANADIAN LAW AND THE LAWS OF THE PROVINCE OF ONTARIO.

NO PURCHASE NECESSARY. SEE BELOW FOR FULL GIVEAWAY DETAILS. PARTICIPATION IN THIS GIVEAWAY CONSTITUTES YOUR FULL AND UNCONDITIONAL ACCEPTANCE OF, AND AGREEMENT TO BE LEGALLY BOUND BY, THESE GIVEAWAY RULES (THE “GIVEAWAY RULES”).

GIVEAWAY PERIOD

1. Giveaway (“Giveaway”) sponsored by Mercartto (“Sponsor”) and administered by Mercartto (“Administrator”). Giveaway begins on January 22, 2018 at 12:00 am Eastern Time (“ET”) and ends on February 28, 2017 at 11:59 pm ET (the “Giveaway Period”).

ELIGIBILITY

2. The Giveaway is open to legal residents of Canada and the United States, excluding Quebec, who have reached the age of majority in their respective province or territory of residence at the time of entry. Employees or contractors of the Sponsor and immediate family members of, and an persons domiciled with any such employees or contractors, are not eligible to enter.

HOW TO ENTER

3. NO PURCHASE NECESSARY TO ENTER OR WIN. By participating, entrants agree to be bound by these Official Rules and the decisions of the Sponsor and Administrator. Void where prohibited by law. To participate in this Giveaway you must:

a. Sign up with a valid email address for the Mercartto newsletter. You must confirm your subscription for the entry to count.

And / or

b. Have a valid Instagram account. If you do not have an account, visit www.Instagram.com and register in accordance with the enrollment instructions for a free Instagram account.

c. Become a follower (a “Follower”) of the official @mercartto Instagram channel (the “Instagram Channel”)

d. During the Contest Period, create an Instagram post to the Instagram Channel using your Instagram Account, which contains all of the following elements (together, an “Entry”):

  1. Attaches a photo of your wall which complies with the Photo Entry Specifications (as defined below); and

  2. Includes the following hashtags: #artisneededhere #FindMeSomeArt #mercartto

  3. Is a publicly-viewable post

e. Comply with the Instagram Terms of Service and Instagram Rules available at www.instagram.com

And / or

f. Have a valid Facebook account. If you do not have an account, visit www.facebook.com  and register in accordance with the enrollment instructions for a free Facebook account.

g. Become a follower (a “Follower”) of the official Mercartto Facebook channel (the “Facebook Channel”)

h. During the Contest Period, reply to the Mercartto Facebook Channel #artisneededhere post your Facebook Account, which contains all of the following elements (together, an “Entry”):

  1. Attaches a photo of your wall which complies with the Photo Entry Specifications (as defined below); and

  2. Includes the following hashtags: #artisneededhere #FindMeSomeArt #mercartto

  3. Is a publicly-viewable post

i. Comply with the Facebook Terms of Service and Facebook Rules available at www.facebook.com

And / or

j. Fulfill all the preceding criteria for at minimum of (1) social account

k. Generate a larger number of shares and/or likes (“Shares”) of their individual entry than any other Giveaway participant.

l. The largest number of shares may occur within a single entry in a single channel, or by the same user with a single entry across multiple channels. The user with the largest number of shares will be determined by the Administrator

4. Your Contest Photo must comply with the following specifications (the “Photo Entry Specifications”):

  1. be your original creation, and be a photograph taken solely by you. Reproducing, modifying, enhancing or altering a third party's pre-existing work does not qualify as your original creation;

  2. not violate the rights of any third party, including, but not limited to copyright. For example, your Contest Photo must not defame, infringe or violate publicity or privacy rights of any person, living or deceased, or otherwise infringe upon any person's, entity's or organization's personal or proprietary rights, including but not limited to, intellectual property rights. For greater certainty, your Contest Photo must not contain trademarks, logos, or trade dress owned by anyone other than the Sponsor, or advertise or promote any brand or product of any kind, without express, written, prior permission of the trademark or brand owner;

  3. not have been published previously, used commercially, submitted to another competition or contest, or won any other award;

  4. be in “good taste” and in keeping with the Sponsor’s brand image and must not be explicit, offensive, obscene, or profane, and must not be derogatory toward any ethnicity, race, gender, sexual orientation, religion,profession, or age group, or promote any activities that may be unsafe or dangerous, as determined by the Sponsor, in its sole and absolute discretion;

  5. not contain any commercial content that promotes any product or service;

  6. not defame, misrepresent or contain disparaging remarks about Sponsor or its products;

  7. not be false, inaccurate or misleading;

  8. not violate any law or regulation;

  9. not be libelous, threatening or harassing;

  10. not instigate others to commit illegal activities or violate human rights; and

  11. not contain any viruses, worms, or other interfering computer programming.

 

5. You will receive one (1) Entry in the Giveaway when you share your Contest Photo as described in Section 3 and 4, above an in accordance with these Rules. LIMIT (1) ENTRY PER PERSON / ACCOUNT DURING THE CONTEST PERIOD (regardless of how many times you submit an entry on a single social channel. For greater certainty and the avoidance of any doubt, you can only use one (1) Account per channel to participate in the Giveaway. If it is discovered that you attempted to enter more than once during the Contest Period, then all your Entries will be void. Use of any automated system to submit Entries is prohibited and will result in disqualification.

 

BY SUBMITTING AN ENTRY, YOU ACKNOWLEDGE THAT YOUR ENTRY (INCLUDING YOUR USERNAME AND PROFILE PICTURE) MAY BE POSTED ON TWITTER, FACEBOOK, INSTAGRAM, PINTEREST AND/OR SPONSOR’S PROPRIETARY WEBSITE, WHERE IT MAY BE VIEWED, SHARED (BY USERS OF

VARIOUS INTERNET-BASED SITES) AND COMMENTED ON BY THE SPONSOR AND THE GENERAL PUBLIC.

 

DRAW AND WINNER SELECTION

 

6. On Monday, March 5, 2018, two (2) eligible entrants will be selected by random draw from all eligible entries received during the Giveaway Period: one (1) from newsletter subscribers, and one (1) from social media channels as identified in Section 3 and 4. One (1) eligible entrant will be identified as the entry with the most shares. The odds of winning depend on the number of eligible entries received.

7. Before being declared a winner: The selected entrants will be contacted by email and/or social media that they are eligible to win. The selected entrant must reply within forty-eight (48) hours of notification and provide the Administrator with a contact phone number. The selected entries must first correctly answer a time-limited mathematical skill-testing question to be administered by telephone. The Administrator will then email, and the selected entrants will be required to sign and return within forty-eight (48) hours of notification a declaration of eligibility and a liability/publicity release, which:

  1. confirms compliance with the contest rules;

  2. releases the Sponsor and Administrator, its affiliated companies and agents, advertising and promotion agencies, the contest judges and each of their respective officers, directors, agents, representatives, successors and assigns from any liability in connection with the Giveaway, the entrant’s participation therein and/or the awarding and use or misuse of the prize or any portion thereof; and

  3. grants to the Sponsor the right to use the selected entrant’s name, address and likeness in any form of advertising relating to the contest without further notice or compensation.

 

If a selected entrant: (i) cannot be reached within forty-eight hours of selection or there is a return of any prior notification as undeliverable; (ii) fails to correctly answer the skill-testing question; or (iii) fails to return the contest documents within the specified time, the he/she

will be disqualified and will forfeit the prize, and the Sponsor reserves the right to select an alternate entrant from among the remaining eligible entries. Administrators are not responsible for technical failures.

 

PRIZES

 

8. There will be three (3) prizes available to be won, consisting of one piece of art of the Administrator’s choosing (approximate retail value $150 (CDN)).

 

Prizes must be accepted as awarded and art not transferable or convertible to cash. No substitutions except at Sponsor’s option. Sponsor reserves the right to substitute a prize or a prize component with one of equal or greater value, including without limitation, but solely in the Sponsor’s discretion, a cash award. Prizes will only be awarded to the person who is the owner of the Account.

 

GENERAL

 

9. By entering the Giveaway, each entrant agrees to abide by these Giveaway Rules. This Giveaway is subject to all applicable federal, provincial and municipal laws. Void where prohibited by law. The decisions of the Sponsor with respect to all aspects of this Giveaway are final and binding on all entrants without right of appeal.

10. Sponsor reserves the right to cancel, suspend, withdraw or amend this Giveaway in any way, without prior notice or obligation, in the event of an error, technical problem, computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure or any other cause beyond the reasonable control of the Sponsor that interferes with the proper conduct of this Giveaway as contemplated by these Giveaway Rules. Any attempt to deliberately undermine the legitimate operation of this Giveaway  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, including criminal prosecution.

11. You must warrant that your Contest Photo meets the Photo Entry Specifications, set out above. Sponsor reserves the right to deem ineligible and exclude from the Contest any Contest Photo that Sponsor, in its sole and absolute discretion, determines does not meet the Photo Entry Specifications. Your right to submit a Contest Photo must not be restricted in any way. You must be able to provide legal releases for use of your Contest Photo by Sponsor in any format, and materials related to the Contest, including in relation to any third party’s name, likenesses or work ("Third Party Elements") included in your Contest Photo.

12. Sponsor’s right to use your Contest Photo: You acknowledge that your Contest Photo will immediately appear in your social channel(s) feed after it is posted and may appear in other electronic and print materials related to the Giveaway, including promotional materials. By posting a Contest Photo using the designated Hashtag and Channel name, you irrevocably, perpetually, and without limitation, grant Sponsor the right to use, publish, adapt, sub-license, edit, dispose of, and/or modify such Contest Photo and the concepts and Third Party Elements embodied therein in any way, in commerce, and in any and all media worldwide in electronic and print materials related to the Contest, and waive all your rights, including moral rights, in the Contest Photo, without notice or compensation, and agree that you may be required to sign a release to that effect.

13. All Entries are subject to verification at any time and for any reason. The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification): (i) for the purposes of verifying an individual’s eligibility to participate in this Contest; (ii) for the purposes of verifying the eligibility and/or legitimacy of any Entry entered (or purportedly entered) for the purposes of this Giveaway; and/or (iii) for any other reason the Sponsor deems necessary, in its sole and absolute discretion, for the purposes of administering this Giveaway in accordance with these Rules. Failure to provide such proof to the satisfaction of the Sponsor in a timely manner may result in disqualification in the sole and absolute discretion of the Sponsor. The sole determinant of the time for the purposes of a valid Entry in this Giveaway will be the Giveaway server machine(s).

14. By entering the Giveaway on social media, each entrant: (i) without limiting the social media channel’s Terms of Service grants to the Sponsor, in perpetuity, a non-exclusive license to publish, display, reproduce, modify, edit or otherwise use his/her social media share, in whole or in part, for advertising or promoting the Giveaway or for any other reason; (ii) waives all moral rights in and to his/her social channel share in favour of the Sponsor; and (iii) agrees to release and hold harmless the Contest Parties and each of their respective agents, employees, directors, successors, and assigns (collectively, the “Released Parties”) from and against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related cause of action that relate in any way to the social channel share. For greater certainty and the avoidance of any doubt, the Sponsor reserves the right, in its sole and absolute discretion and at any time, to modify, edit or disqualify any social channel share if a complaint is received with respect to the social channel share or for any other reason. If such an action is necessary at any point, then the Sponsor reserves the right, in its sole and absolute discretion, to disqualify the social channel share (and corresponding Entry) and/or the associated entrant. If the Sponsor determines, in its sole and absolute discretion, that any social channel share does not comply with these Rules for any reason at any time, then the Sponsor reserves the right, in its sole and absolute discretion, to disqualify the social channel share (and corresponding Entry) and/or the associated entrant.

15. Any attempt or suspected attempt to use robotic, automatic, programmed, or otherwise, illicit means to enter the Giveaway, or any other methods not authorized by these Contest Rules, for example, but not limited to, creating multiple social media accounts, shall be deemed as tampering and may disqualify you from entering, participating, winning prizes (defined herein), and preclude you from participating in future contests and promotions, at the sole discretion of Sponsor. Entries that are late, lost, stolen, illegible, contain false information, are damaged, misdirected, mutilated, garbled or incomplete, altered or otherwise irregular or that do not conform with or satisfy any or all of the conditions these rules will be judged void. All Entries become the property of Sponsor upon receipt and none will be returned. Proof of transmission (screenshots or captures, etc.) does not constitute proof of receipt.

16. Without limitation, the Sponsor, its advertising and promotion agencies and the Giveaway judges will not be liable for any failure of the website during the Giveaway; for an technical malfunction or other problems relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; for the failure of any Entry to be received by the Sponsor, its advertising and promotion agencies or the Giveaway judges for any reason including, but not limited to, technical problems or traffic congestion on the Internet or at any website; or any combination of the above. Further, the Sponsor, its advertising and promotion agencies and the Giveaway judges will not be liable for any injury or damage to an entrant’s or any other person’s computer related to or resulting from participating or downloading any material in the Giveaway.

17. In the event of a dispute, Entries will be deemed to have submitted by the authorized account holder of the email address submitted at the time of entry. “Authorized account holder” is defined as the person who is assigned an email address by an internet provider, online service provider, or other organization (e.g. business, educational institute, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. If the identity of an online entrant is disputed, the authorized account holder associated with the email account at the time of entry will be deemed to be the entrant. A selected entrant may be required to provide proof that he/she is the authorized account holder of the email address associated with the selected Entry. The sole determinant of the time for the purposes of a valid online Entry in this Giveaway will be the Giveaway server machine(s).

18. By entering this Giveaway, each entrant expressly consents to the Sponsor, its agents and/or representatives, storing, sharing and using the personal information submitted with his/her Entry only for the purpose of administering the Giveaway and in accordance with Sponsor’s Privacy Policy (available at:https://www.mercartto.com/privacy/) unless the entrant otherwise agrees to receive further communications from Sponsor. Your use of social media channels is subject to the social media channels’ Privacy Policy on the individual social media channel’s web site.

19. Giveaway is in no way sponsored, endorsed, or administered by, or in association with, Facebook and/or Instagram.  Any questions or comments regarding the Giveaway should be directed to the Sponsor, not the social media channels.