The December 7, 2019 ShakingSats Contest (the “Contest”) commences at 8:00 AM Eastern Time (“ET”) on December 7, 2019 (the “Contest Opening Date and Time”) and ends at 8:00 P.M. ET December 7, 2019 (the “Contest Closing Date and Time”, and the period between is the “Contest Period”). The Contest is brought to you by and operated by Shakepay Inc. (“Shakepay” or “Sponsor”), 410-500 rue Saint-Jacques, Montreal Québec, Canada, H2Y 1S1, with its “Website” at https://shakepay.co.
BY ENTERING THE CONTEST, YOU REPRESENT AND WARRANT THAT YOU HAVE READ, AND AGREE YOU WILL ABIDE BY, THESE CONTEST RULES, WHICH SHALL BE POSTED ON THE WEBSITE.
The Contest is open to all residents of Canada excluding the Province of Quebec who have reached the age of majority in their Province or Territory, and have a valid Shakepay account (including a “Shakepay Username”) where their identity has been verified by Shakepay. Additional entry requirements may be found in the “HOW TO ENTER” section below.
Anyone who, as of the Contest Opening Date and Time, is: (i) an employee or shareholder of Shakepay as well as its affiliated companies, dealers, contractors, agents, and Contest suppliers; (ii) an employee or shareholder of Twitter or Instagram as well as their affiliated companies, dealers, contractors, and agents; or (iii) each of their immediate families (father/mother, brother/sister, son/daughter, spouse) or persons living under the same roof, is not eligible to enter this Contest.
Anyone who meets the eligibility criteria and has made a valid Entry (as defined in the next section) in the Contest shall be deemed a “Participant” in these Contest Rules. The entirety of this section as well as any additional entry requirements found in the “HOW TO ENTER” section below may be referred to as the “Participant Eligibility Criteria”.
NO PURCHASE IS REQUIRED TO ENTER. To enter the Contest, you must do the following:
You must have either a Twitter or Instagram account to enter. If you do not have such an account, you can go to twitter.com or instagram.com to create one;
You must follow either the official Shakepay Twitter account (https://twitter.com/shakepay) or Instagram page (https://instagram.com/shakepay) (whichever platform you choose to enter through);
You must either: (a) leave a comment on Shakepay’s Instagram page, specifically on the post promoting this Contest; (b) retweet Shakepay’s Twitter post announcing this Contest; or (c) reply to the Twitter post announcing this Contest.
Completing these requirements will grant you one chance to win (an “Entry”). Where a requirement has multiple options, each method to enter the Contest provide identical chances of winning.
There is a maximum of one Entry per person during the Contest Period. Entries originating from the same Twitter or Instagram account will be considered, for purposes of the Contest, to belong to the same Participant and therefore is subject to this restriction. Any excess Entries will be invalid for purposes of the Contest draw. Any individual found to have entered through both Instagram and Twitter will have one of those entries voided. If you attempt or are suspected of attempting to enter more than once or use robotic, automatic, or programmed or any entry methods not authorized by these Contest Rules, it shall be deemed as tampering and shall void any and all of your Entries. All Entries shall be made on your own behalf, and not on behalf of any third party.
Your Entry shall not contain any material that is libelous, defamatory, profane or obscene; and your Entry shall be original and all right, title, and interest (including copyright) therein and thereto is owned and/or controlled by the Participant to the full extent necessary to enable the Sponsor to use Entries as contemplated by these Contest Rules.
For purposes of the Contest, only Entries that are recorded through Twitter’s or Instagram’s servers will be considered. Other proof of submitting an Entry (such as a printed or copied screenshot) does not constitute proof of actual receipt of the Entry for purposes of the Contest. Shakepay may not receive entries from Twitter or Instagram users with “protected” or “private” updates (i.e., user has set their social media account or so that only certain other users the user has approved can view posts or updates) due to the way Twitter or Instagram operates their respective services. Twitter or Instagram posts not received or viewable by Shakepay for this reason or any other will not be considered valid Entries in the Contest.
The “Prizes” are granted in satoshis. One satoshi is equivalent to 0.00000001 bitcoins. The value of a Prize given in Canadian dollars is approximate, calculated at the time of the publication of these Contest Rules using standard conversion rates. At the time of awarding of the Prizes, the approximate value in Canadian dollars may vary.
There are three total Prizes of two types:
One (1) Prize of 2,100,000 (two million, one hundred thousand) satoshis each (the “First Prize”), with an approximate value of CAD 216.00
Two (2) Prizes of 1,000,000 (one million) satoshis each (the “Second Prizes”), with an approximate value of CAD 102.00 each
The Prizes shall be in the form of transfers of the amounts indicated above to the Shakepay Account of the selected Winner(s).
On December 7, 2019 at 8:30 PM ET, a random draw of sixteen valid Entries shall be conducted by Shakepay in their offices in Montreal, Quebec from among all eligible Entries received during the Contest Period (the “Draw”). The first Entry drawn shall be declared the winner of the First Prize, and the second and third Entries drawn shall be declared the winner of the Second Prizes.
A Participant drawn must correctly answer the mandatory mathematical skill-testing question to be declared the winner of the Prize, subject to meeting all the conditions described in these Contest Rules including the Participant Eligibility Criteria, and complete the Contest declaration and release form (the “Release”, as described more fully below) which shall be provided by Shakepay, and return it to Shakepay within two (2) business days. Completing all these requirements as well as fulfilling the Participant Eligibility Criteria shall make a Participant a “Winner”.
The same procedure will be repeated for each of the selected Participants.
The Shakepay Usernames of the Winners will be posted on the Website (and in other media to be determined) not later than 12:00 PM ET on December 8, 2019. Shakepay shall contact the Winners by Twitter or Instagram Direct Message following the draw requesting their Shakepay Usernames and any other necessary information in order to prove their entry is valid and they are otherwise eligible to enter the Contest. If a winner does not respond within three (3) days following the first attempt of contact, is unable to prove they are the valid owner of a verified Shakepay account, incorrectly answers the mathematical skill-testing question, declines the Prize, or fails to return the required Release, the Prize shall be forfeited and Shakepay shall have the right, at its sole discretion, to select another Winner or invalidate the Prize.
If an individual Winner has fulfilled all the obligations described in this section and fulfills the Contest Eligibility Criteria, their Prize will be transferred to their Shakepay account within three (3) business days of receipt of the completed Release by Shakepay. A Prize must be accepted as awarded without substitution.
Twitter and Instagram are unaffiliated with Shakepay. The Contest is not sponsored, endorsed or administered by either Twitter or Instagram, or their affiliates or parent companies including but not limited to Facebook Inc. By using Twitter or Instagram, you agree to be bound by their terms of service or any other legal document applicable to the use of those services; violation of any such terms shall result in your disqualification from the Contest.
a. SKILL-TESTING QUESTION. To be declared a Winner, the selected Participant must first correctly answer a mathematical skill-testing question via phone call on the phone number verified on the selected Participant’s Shakepay account which shall be verified by email, within five minutes of being given the question and without the aid of a calculating device.
b. The Contest is void where prohibited.
c. RELEASE. Winners will be required to execute a legal declaration and release agreement (“Release”) that confirms the Winner’s (i) eligibility for the Contest and compliance with these Contest Rules; (ii) acceptance of the Prize as offered; (iii) release of each of the Sponsor, Twitter and Instagram and their respective parent companies, subsidiaries, affiliates and/or related companies and each of their employees, directors, officers, suppliers, agents, administrators, licensees, representatives, advertising, media buying and promotional agencies (collectively, the “Releasees”) from any and all liability for any loss, harm, damages, cost or expense arising out of participation in the Contest, participation in any Contest-related activity or the acceptance, use, or misuse of any Prize, including but not limited to costs, injuries, losses related to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light, or from any and all claims of third parties arising therefrom; and (iv) grant to the Sponsor of the unrestricted right, in the Sponsor’s sole discretion, to produce, reproduce, publish, reproduce, convert, broadcast, communicate by telecommunication, exhibit, distribute, translate, adapt and otherwise use and re-use the Winner’s name, photograph, likeness, voice and biography in any and all media now known or hereafter devised, in connection with the Contest and the promotion and exploitation thereof. The executed Release must be returned within two (2) business days of the date indicated on the accompanying email of notification or the selected Participant will be disqualified and the Prize forfeited.
d. INDEMNIFICATION. By entering the Contest, Participant releases and holds Releasees harmless from any and all liability for any injuries, loss or damage of any kind to the Participant or any other person, including personal injury, death, or property damage, resulting in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of any Prize, participation in the Contest, any breach of the Contest Rules, or in any Prize-related activity. The Participant agrees to fully indemnify Releasees, Twitter and Instagram from any and all claims by third parties relating to the Contest, without limitation.
e. Refusal to accept the Prize releases the Shakepay from any obligation toward a Winner.
f. DISQUALIFICATION. If a Participant makes any false statement or otherwise violates these Contest Rules, (s)he shall be automatically disqualified from the Contest. Any action that violates or infringes, misappropriates, any rights of any third party including, without limitation, patent, copyright, trademark, trade secret, or right of privacy or publicity shall also subject a Participant to disqualification from the Contest. Any disqualification under these Contest Rules shall be at Shakepay’s sole discretion.
e. LIMITATION OF LIABILITY. The Releasees assume no liability for any loss, damage or injury, including without limitation: (i) lost, stolen, delayed, damaged, misdirected, late, destroyed, illegible or incomplete Entries; (ii) loss, theft, or damage to software or computer or telephone data, including any breach of privacy; (iii) fraudulent calls or emails; (iv) inability of any person to participate in the Contest for any reason including technical, computer or telephone malfunctions or other problems with computer on-line systems, servers, access providers, computer equipment, or software; congestion on the Internet or at any website, or any combination of the foregoing; (v) damage to any person’s computer or device, including as a result of playing or downloading any material relating to the Contest; (vi) any delay or inability to act resulting from an event or situation beyond their control, including a strike, lockout or other labour dispute at their location or the locations of the organizations and businesses whose services are used to administer this Contest (including but not limited to Shakepay); or (vii) use of a Prize or any losses or damages arising from any activity related thereto.
f. CANCELLATION OF CONTEST. Shakepay reserves the right to cancel or suspend this Contest should a virus, bug or other cause beyond their reasonable control corrupt the security or proper administration of the Contest. Any attempt to deliberately damage the Website, Twitter or Instagram or to undermine the legitimate operation of this Contest is a violation of criminal and civil laws. Should such an attempt be made, Shakepay reserves the right to seek remedies and damages to the fullest extent permitted by law, including criminal prosecution.
h. DISPUTES REGARDING PARTICIPANTS. A selected Participant may be required to provide proof that (s)he is the authorized account holder of the Instagram or Twitter account (as applicable) associated with the selected Entry to be officially declared a Winner.
i. TIME. The sole determinant of time for the purposes of receipt of a valid Entry in this Contest shall be the server used to operate Twitter or Instagram, depending on the method of entry.
j. ODDS OF WINNING. Odds of winning depend on the number of eligible Entries. All Entries that are incomplete, illegible, damaged, irregular, have been submitted through illicit means, using any robotic, automatic programmed method that artificially increases the odds of winning or do not conform to or satisfy any condition of the Contest Rules may be disqualified by Shakepay. Shakepay is not responsible for any errors or omissions in printing or advertising this Contest.
k. AMENDING THE CONTEST RULES. Shakepay reserves the right to amend the Contest Rules or to terminate the Contest at any time without any liability to any Participant. Any amendments to these Contest Rules will be posted on the Shakepay Website. Participants are responsible for checking the Contest Rules on the Shakepay Website and agree to abide by the most recent Contest Rules posted as at the Contest Closing Date and Time.
l. By entering the Contest, you represent and warrant that you have read, and agree you will abide by, the Contest Rules. You further agree you will abide by the decisions of Shakepay, which decisions are final and binding on all Participants.
m. You agree that you are solely responsible for all data and / or SMS charges that you incur by entering the Contest.
n. The Contest is subject to all applicable federal and provincial laws and regulations.
o. Any failure by Shakepay to enforce any provision of these Contest Rules shall not constitute a waiver of that provision. The invalidity or unenforceability of any provision of these Contest Rules shall not affect the validity or enforceability of any other provision. If any provision of the Contest Rules is determined to be invalid or otherwise unenforceable, then the Contest Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein.
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