NO PURCHASE NECESSARY TO ENTER OR WIN
The $100 Amazon E-Gift Card Giveaway (the “Contest”) is administered by PayByPhone Technologies Inc., 1290 Homer Street, 6th Floor, Vancouver, BC V6B 2Y5, Canada (“PayByPhone”, “Administrator”) and is governed by these terms and conditions (the “Official Rules”). The Contest is in no way sponsored, endorsed, or administered by, or associated with any third party, including Amazon.com, Inc.
The Contest begins at 9am PST Pacific Standard Time (“PST”) on Monday, October 16th 2023 and ends at 11:59PM PST on Wednesday, October 25th, 2023 (“Contest Period”).
The Contest is open to all individuals who are directly emailed the survey invitation, who are 18 years or older at the time of Entry (as defined below) (each an “Entrant” and collectively, “Entrants”). Employees of the Administrator, and their immediate families (parent, child, sibling or spouse) and/or household members and any other persons or entities associated with this promotion are ineligible to enter or win. PayByPhone customers in the Provice of Quebec are excluded from this Contest.
VOID WHERE PROHIBITED OR RESTRICTED BY LAW
AGREEMENT TO OFFICIAL RULES
By participating, Entrants agree to abide by and be bound by these Official Rules, which are final and binding in all matters relating to the Contest. Winning a Prize (defined below) is contingent upon fulfilling all requirements set forth herein.
HOW TO ENTER
The $100 Amazon E-Gift Card Giveaway. To submit an Entry, Entrants must, during the Contest Period, participate in the survey provided to them via their email address.
The Administrator reserves the right to disqualify any person or e-mail address that submits more than maximum allowed entries. Released Parties (as defined below) are not responsible for: lost, late, incomplete, invalid, unintelligible, illegible, misdirected, or postage-due mailed entries. All entries become the exclusive property of the Administrator and will not be acknowledged or returned. By participating, Entrants consent for Administrator to obtain, use, and transfer their name, address, and other information for the purpose of administering this Contest and for other purposes as set forth below.
PRIZES & PRIZE CONDITIONS
There is a total of one $100 Amazon E-gift card prizes (the Prize) available to be won. The total value of the prize is $100 CAD.
The Winner(s) will be selected randomly to win the Prize. There will be one drawing from all eligible Entries received by the Administrator (the “Draw”). The Draw for the prize will take place at the Administrator’s office on or about Wednesday, November 1st 2023.
Odds of winning the Prize will depend on the total number of eligible entries received during the Contest Period.
After the Draw, the selected Entrant (the “Potential Prize Winner”) will be contacted by the Administrator via email for prize confirmation. Potential Prize Winner will then have five (5) business days to respond to the Administrator, complete the required documentation, and claim their Prize. If a Prize or prize notification is returned as unclaimed or undeliverable to the Potential Prize Winner, if a Potential Prize Winner cannot be reached within five (5) calendar days from the first notification attempt, if the Potential Prize Winner fails to return requisite document(s), within the specified time period, or if a Potential Prize Winner is not in compliance with these Official Rules, then such person shall be disqualified and, at Administrator's sole discretion, an alternate Potential Prize Winner may be selected for the Prize at issue. The Prize notification process outlined above will be repeated until such time as the Prize is awarded. Once a Potential Prize Winner successfully communicates with the Administrator and completes the required document(s), and receives the Prize, then the Potential Prize Winner becomes a “Prize Winner”.
ALL EXPENSES OR COSTS ASSOCIATED WITH ACCEPTANCE OF A PRIZE NOT MENTIONED HEREIN ARE THE SOLE RESPONSIBILITY OF THE PRIZE WINNERS.
No substitution or transfer of Prize will be permitted. The Administrator reserve the right at their sole discretion to substitute the Prize with another Prize of equal or greater value in the event that the aforementioned Prize is not available. By accepting any Prize, the Prize Winner agrees to release and hold harmless the Released Parties from and against any claim or cause of action arising out of participation in the Promotion or receipt or use of the prize in question. The Prize Winner will be responsible for all local, state, and federal taxes associated with the receipt of their accepted prize. The Prize Winners are solely responsible for all matters relating to their prize after it is awarded.
By accepting a Prize, where permitted by law, the Prize Winner grants to the Released Parties (defined below) and those acting pursuant to the authority of the Administrator and the Released Parties (which grant will be confirmed in writing upon Administrator’s request), the right to print, publish, broadcast and use worldwide IN ALL MEDIA without limitation at any time the Winner’s full name, portrait, picture, voice, likeness and/or biographical information for advertising, trade and promotional purposes without further payment or additional consideration, and without review, approval or notification.
RELEASE AND LIMITATIONS OF LIABILITY
By participating in the Contest, Entrants agree to release and hold harmless the Administrator, and its respective parent companies, employees, officers, directors, volunteers, members, subsidiaries, affiliates, distributors, sales representatives, advertising and promotional agencies (collectively, the “Released Parties”) from and against any claim, action, injury, loss, damage or cause of action arising out of or relating to participation in the Contest, acceptance or receipt of any prize, use or misuse of any prize, or participation in any prize-related activity, including, but not limited to: (a) any technical errors that may prevent an Entrant from submitting an entry; (b) unauthorized human intervention in the Contest; (c) errors in the administration of the Contest or the processing of entries; or (d) injury, death, or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Contest or receipt or use of any prize. Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, theft or destruction or unauthorized access to, or alteration of, entries. Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Contest, and in no event shall the Released Parties be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
If for any reason the operation or administration of this Contest is impaired or incapable of running as planned for any reason, including but not limited to (a) infection by computer virus, bugs, (b) tampering, unauthorized intervention, (c) fraud, (d) technical failures, or (e) any other causes beyond the control of the Administrator which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, the Administrator reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Contest in whole or in part, at any time, without notice and award the Prizes (defined below) using all non-suspect eligible entries received as of, or after (if applicable) this cancellation, termination, modification or suspension date, or in any manner that is fair and equitable and best conforms to the spirit of these Official Rules. Administrator reserves the right, at its sole discretion, to disqualify any individual deemed to be (a) tampering or attempting to tamper with the entry process or the operation of the Contest or Administrator’s Website; or (b) acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE ADMINISTRATOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
Failure by the Administrator to enforce any provision of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to the identity of a Winner based on an e-mail address, the winning entry will be declared by the authorized account holder of the e-mail address submitted at the time of entry. "Authorized 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.
IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND (INCLUDING WITHOUT LIMITATION, LOSS PROFIT, CLAIMS OF THIRD PARTIES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF PARTICIPATION IN THIS CONTEST OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZES.
By participating, Entrants release and agree to hold harmless the Released Parties from any and all liability for any injuries, death or losses or damages to persons or property AS WELL AS CLAIMS/ACTIONS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY that may arise from participating in this Contest or its related activities or the acceptance, possession, use or misuse of, or any harm resulting from the acceptance, possession, use or misuse of the Prize. The Prize Winner also acknowledges that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prize.
USE OF DATA
By entering the Contest, Entrants agree that 1.) Any and all disputes, claims, and causes of action arising out of or connected with the Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action; 2.) Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest but in no event attorneys' fees; and 3.) Under no circumstances will any Entrant be permitted to obtain any award for, and Entrant hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrants and Administrator or the Released Parties in connection with the Contest, shall be governed by, and construed in accordance with the Laws of the entrants resident Province or State. Any legal proceedings arising out of this Contest or relating to these Official Rules shall be instituted only in the province/state courts of relevant city, and the parties consent to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to these Official Rules. The invalidity or unenforceability of any provision of these Official Rules shall 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 shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. The value of the prizes set forth above represents Administrator’s good faith determinations of the Approximate Retail Value thereof and such determinations are final and binding and cannot be appealed. If the actual value of any prize turns out to be less than the stated Approximate Retail Value, the difference will not be awarded in cash.
These terms and condition shall be governed in accordance with the laws of the Province of British Columbia, Canada. Any disputes arising under or in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the courts of British Columbia, Canada.
By participating in the e-giftcard giveaway competition, participants agree to be bound by these terms and conditions.