*Rakuten Refer-A-Friend Giveaway
Official Sweepstakes Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT IMPROVE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON NUMBER OF ELIGIBLE ENTRIES RECEIVED. VOID WHERE PROHIBITED BY LAW.
The Sweepstakes is in no way sponsored, endorsed, administered by, or associated with Facebook, Inc., or Twitter, Inc. Information is being provided to the Sponsor (defined below), not to Facebook, Inc. or Twitter, Inc. Any questions, comments or complaints regarding the Sweepstakes must be directed to the Sponsor and not to Facebook, Inc. or Twitter, Inc. Your participation in this Sweepstakes must at all times comply with all applicable Facebook and Twitter community guidelines and terms of service. In the event of any violation of such guidelines or terms of service, the Sponsor may, in its sole and absolute discretion, disqualify you from the Sweepstakes.
The Rakuten Refer-A-Friend Giveaway (the “Sweepstakes”) is governed by these Official Sweepstakes Rules, Terms and Conditions (collectively the “Official Rules”). The words “you,” “your,” and “entrant” as used herein refer to the natural person entering the Sweepstakes. The Sweepstakes is subject to all federal, provincial, and territorial laws and regulations.
1. Sponsor: The Sweepstakes is sponsored by Rakuten Canada Inc., 90 Eglinton Avenue East, Suite 805, Toronto, Ontario, M4P 2Y3 (the “Sponsor” or “Rakuten”).
2. Eligibility: The Sweepstakes is open to natural persons who are legal residents of Canada, who are at least of legal age of majority in the province or territory in which they reside at the time of entry. The Sweepstakes is open only to holders of an Rakuten account. Establishing an Rakuten account is free. Officers, directors, employees, agents and representatives of Rakuten Canada Inc., its parent, subsidiaries, affiliates and advertising and promotion agencies and their immediate families (defined as parents, children, spouse, life partners, or siblings and their respective spouses or life partners, regardless of where they reside) and those living in their same households, whether or not related, are not eligible to participate in or win the Sweepstakes. The Sweepstakes is subject to all applicable federal, provincial, territorial, and local laws, rules and regulations.
3. Sweepstakes Period: The Sweepstakes begins on February 1, 2018 at 12:00:01 a.m. Eastern Standard Time (“EST”) and ends March 31, 2018 at 11:59 p.m. EST according to Sponsor’s time clock (the “Sweepstakes Period”). The Sweepstakes Period will be divided into two (2) monthly entry periods (each, a “Monthly Period”), with each beginning at 12:01 a.m. EST of the first day of the applicable calendar month and ending at 11:59 p.m. EST of the last day of the applicable calendar month.
4. How to Enter the Sweepstakes: Entrants must have a valid Rakuten account prior to the start of the Sweepstakes Period. To enter, entrants must refer an eligible friend or family member who does not already have an Rakuten account and if the referred friend signs up for a new Rakuten account during the Sweepstakes Period (i.e. via the entrant’s referral communication described below), the entrant will automatically earn an entry into the Sweepstakes, up to a maximum of five (5) entries per entrant.
To enter, entrant can log in to his or her account at www.rakuten.ca (the “Website”). Once the entrant is logged in, click on the Rakuten Refer-A-Friend link and “refer a friend” according to the steps provided on the page. An entrant can send an email via the Website or generate a Facebook or Twitter post from the Website that will include instructions about how to sign up for a new Rakuten account. Entrants may also send the link to friends and family via their own email and/or post it via their social media accounts on Facebook or Twitter.
Entrants represent and warrant that, by sending an email, direct message or other electronic communication via the Website or in his/her own message that the recipient is a close FRIEND OR FAMILY MEMBER, and that the entrant has the consent of the recipient to contact him or her electronically about Rakuten. In other words, the entrant must only invite people whom the entrant knows, and who would want to receive the invitation. PLEASE NOTE THAT WHENEVER YOU SHARE YOUR PERSONAL LINK WITH A FRIEND/FAMILY MEMBER YOU SHOULD INCLUDE A STATEMENT THAT YOU WILL RECEIVE AN ENTRY INTO THE SWEEPSTAKES IF YOUR FRIEND SIGNS UP FOR A NEW Rakuten ACCOUNT VIA YOUR REFERRAL COMMUNICATION.
Your use of third-party Apps and websites is subject to the relevant terms of use or service, privacy policies, and any other condition imposed by those third-party Apps. Sponsor is not responsible for any decisions a third-party App makes regarding your account or your entry. Any personal information you provide will be subject to that third party’s privacy policy. You should carefully review their privacy and security practices and policies before providing them with personal information. To visit Twitter and Facebook’s Terms of Use/Service, please visit:
• Twitter Terms of Service located at https://twitter.com/tos?lang=en
• Facebook Terms of Service located at https://www.facebook.com/terms
Note that entrants will only get a maximum of five (5) entries into the Sweepstakes for up to the first five (5) referrals. Any eligible referrals received after the first five (5) referrals will not count as entries in the Sweepstakes.
Alternate Method of Entry by Mail: Entrants may also enter by mailing up to five (5) handwritten 3 x 5 cards with entrant’s full name, postal address, the email address that corresponds with entrant’s Rakuten account, and telephone number to Rakuten Refer-A-Friend Sweepstakes February - March 2018, Rakuten Canada Inc., 90 Eglinton Ave. East, Suite 805, Toronto, ON M4P 2Y3. All contact information provided must be valid, truthful and current. Entrants will receive one (1) entry for each valid, complete card received. Mail-in entries must be postmarked by the last day of each calendar month of each Monthly Period and must be received by the 5th of the following calendar month. Envelopes containing multiple entries will be disqualified. Released Parties (as defined below) are not responsible for lost, late, damaged, delayed, destroyed, misdirected, incomplete, illegible, mutilated, or postage due mail. Such entries are void and will not be accepted. Incomplete, unreadable, or unintelligible entries, in the sole discretion of Sponsor, will be disqualified.
Only a maximum of five (5) entries per entrant during the Sweepstakes Period will be accepted by either or both methods combined. Incomplete, late, garbled, corrupted or otherwise illegible entries or referrals are void and will not be accepted. Any attempt by any entrant to submit more than the stated number of entries or referrals by using multiple/different email addresses, identities, Rakuten accounts, registrations and logins, or any other methods will void all of the entrant’s entries and that entrant may be disqualified from the Sweepstakes. Entrants attempting in any way to tamper with the fair play of the Sweepstakes or exceed the entry limit will be disqualified. Sponsor reserves the right to disqualify false entries or entries suspected of being false. Entries and referrals generated by a script, macro or other automated means will be disqualified. In the event of a dispute as to the identity of a Sweepstakes entrant, the entrant will be deemed to be the person in whose name the Rakuten account is registered. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. All entries become the property of Sponsor.
5. Odds: Odds of winning a prize depend on the number of eligible entries received.
6. Winner Selection and Notification of Potential Winners: Potential winners will be selected by random draw by a representative of Sponsor as follows:
a. Ten (10) potential winners will be selected on March 9, 2018 at 12:00 p.m. EST for entries received during the Monthly Period starting on February 1, 2018 at 12:01 a.m. EST and ending February 28, 2018 at 11:59 p.m. EST;
b. Ten (10) potential winners will be selected on April 6, 2018 at 12:00 p.m. EST for entries received during the Monthly Period starting on March 1, 2018 at 12:01 a.m. EST and ending March 31, 2018 at 11:59 p.m. EST.
(each a “Potential Winner”)
The draw will be conducted at 90 Eglinton Avenue East, Suite 805, Toronto, Ontario, M4P 2Y3. The Potential Winners will be notified by email or telephone, at Sponsor’s sole discretion, using the information provided at the time of entry. Before being declared a winner, Potential Winners must correctly answer, without assistance, a timed mathematical skill-testing question, to be administered by telephone or email, at Sponsor’s sole discretion in order to be eligible to receive a prize. Potential Winners will be required to respond (as directed) within seven (7) calendar days of attempted notification. The failure to answer the skill-testing question correctly, or to respond to the notification within the stipulated time frame, may result in forfeiture of the prize and, in such case, Sponsor will make up to three (3) attempts to randomly select an alternate Potential Winner from among the remaining eligible entries. Potential Winners will be required to execute and return a declaration of eligibility and liability / publicity release (“Release”) within five (5) calendar days from the date of notification. An alternate Potential Winner may be randomly selected from among the remaining eligible entries if Potential Winner (i) cannot be reached; (ii) fails to prove eligibility; (iii) fails to obtain all signatures on the Release and/or return any documents or information required by Sponsor in a timely manner as required pursuant to these Official Rules; or (iv) cannot accept or receive the prize for any reason.
7. Prizes: There are twenty (20) prizes available to be won. The prizes for the March 9, 2018 drawing consists of ten (10) $200 CDN credits and the prizes for the April 6, 2018 drawing consists of ten (10) $300 CDN credits to be deposited into winner’s Rakuten account. The combined approximate retail value of all prizes is $5,000 CDN.
In the event of a dispute as to the identity of a winner, the winner will be deemed the person in whose name the Rakuten account was opened and he/she must comply with these Official Rules. Prizes must be accepted as awarded; no substitutions or transfers of prizes permitted by winners. Sponsor reserves the right to substitute any element of a prize if it cannot be awarded as described for any reason with one of comparable or greater monetary value, at its sole discretion. Limit one (1) prize per person.
8. Personal Information and Publicity: By entering the Sweepstakes, you consent to use of your personal information by Sponsor and its authorized agents for the purposes of administering the Sweepstakes and awarding prizes. See Sponsor's Privacy Policy at http://www.rakuten.ca/privacy-policy for more information about how Sponsor manages your personal information. Your personal information may be stored on servers located in the United States, and may therefore be subject to the laws of other jurisdictions. To the full extent permitted by law, any entrant in the Sweepstakes irrevocably grants the Sponsor and its respective successors, assigns and licensees, the right to use such entrant’s, name, likeness, biographical information in any and all media for any purpose, including without limitation, commercial, advertising and promotional purposes as well as in, on or in connection with the Sweepstakes or other promotions, and hereby release the Sponsor from any liability with respect thereto. Winners may be required to sign a document to this effect. Any entrant who wishes to withdraw his or her entries may opt out of the Sweepstakes by emailing legal@rakuten.com with the subject line “No Sweepstakes Entry”.
9. General Conditions: By participating, entrants agree to be fully and unconditionally bound by these Official Rules and the decisions of Sponsor and waive any right to claim ambiguity in the Sweepstakes or these Official Rules. Subject only to the approval of the Régie des alcools, des courses et des jeux (the “Régie”) with respect to residents of the Province of Quebec, the Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, in whole or in part, if in Sponsor’s opinion any fraud, technical failure or other factor beyond our control impairs the integrity or proper functioning of the Sweepstakes. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Sweepstakes or Sponsor’s website, to be acting in violation of these Official Rules, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages (including, without limitation, legal fees and disbursements) and other remedies from any such person to the fullest extent permitted by law including, criminal prosecution. Entrants may not enter with multiple identities, Rakuten accounts, or use any automated system, bot or other device or artifice to enter or obtain more than the maximum number of qualified entries. Subject only to the approval of the Régie with respect to residents of Province of Quebec, Sponsor reserves the right at its sole discretion to terminate the Sweepstakes and, if terminated, at its discretion, select the Potential Winners in a random drawing from among all eligible, non-suspect entries received prior to action taken or as otherwise deemed fair and appropriate by Sponsor. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. The Sponsor reserves the right, in its sole and absolute discretion, to administer an alternate test of skill, as it deems appropriate or necessary to comply with applicable law. Should a winner make any false statement(s) in any document referenced above, the winner may be required to return to Sponsor his/her prize, or the cash value thereof.
10. Limitations of Liability: Entrants agree to release, discharge, indemnify and hold harmless Sponsor, Facebook, Inc., Twitter, Inc., and each of their respective parent, subsidiaries, affiliates and advertising and promotion agencies and all of their respective officers, directors, employees, representatives and agents (collectively, “Released Parties”) from and against any claims, damages, disability, legal fees, and costs of litigation and settlement, as well as any liability due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from: (i) use, redemption, acceptance, possession, ownership, or misuse of any prize, or (ii) participation in any Sweepstakes-related activity or participation in this Sweepstakes. Released Parties are not responsible for lost, late, incomplete, inaccurate, stolen, misdirected, undelivered, delayed, garbled or damaged entries referrals, communications, Releases or mail; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of referrals or entries, the announcement of the prizes, or in any Sweepstakes-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes. Released Parties are not responsible for injury or damage to participants' or to any other person's computer related to or resulting from participating in this Sweepstakes or downloading materials from or use of the website. 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 shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
11. Disputes: For the residents of the Province of Québec only, any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie for a ruling. Any litigation respecting the awarding of a prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.
12. Intellectual Property: All intellectual property, including but not limited to trademarks, logos, designs, promotional materials, web pages, source codes, images, drawings, illustrations, slogans and representations are owned by the Sponsor. All rights reserved. Unauthorized copying or use of any of the Sponsor’s intellectual property without the express written consent of the Sponsor is strictly prohibited.
13. For the results of the Sweepstakes, please contact us at the address set forth above after April 6, 2018.
© 2018 Rakuten Canada, Inc. All rights reserved.
