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Official Rules, Terms & Conditions: Toggle Tax Rebate Giveaway

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Joanna Yuen

Marketing & Content Specialist - 19 Aug, 2019

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(the “Giveaway”)

NO PURCHASE NECESSARY.

These Official Rules, Terms & Conditions (the “Official Rules”) govern the Giveaway. By participating or attempting to participate in the Giveaway, you will be deemed to have received, understood, and agree to these Official Rules.

  1. The Contest: The Giveaway will run from August 20, 2024 to August 27, 2024.
  2. The Sponsor: Shift Technologies Inc., #520 – 1515 Douglas St., Victoria, BC V8W 2G4 (the “Sponsor”). Neither Airbnb, Coursera, Lyft, Netflix, Ticketmaster, Uber or any of its/their affiliated companies are sponsors of the Giveaway.
  3. Eligibility: The Giveaway is open only to individuals who are legal residents of
  • the fifty (50) United States (including the District of Columbia) and who are at least twenty-one (21) years of age at the time of Giveaway entry; or
  • Canada (excluding residents of Quebec) and who are at least twenty-one (21) years of age at the time of Giveaway entry.

(collectively, the “Entrant”).

The Giveaway is subject to all applicable federal, state, provincial, and local laws and regulations, and is void where prohibited or restricted by law. The Giveaway is not open to employees, representatives or agents of the Sponsor or its subsidiaries, affiliated and/or associated companies or advertising agencies, or the spouses, parents, siblings and children of any of the foregoing. Participation in the Giveaway constitutes the Entrant’s full and unconditional agreement to these Official Rules and the Sponsor’s decisions, which are final and binding in all matters related to the Giveaway.

  1. The Prize: The prize available to be won in the Giveaway is one (1) of four (4) electronic gift cards (for Airbnb, Coursera, Lyft, Netflix, Ticketmaster, or Uber) valued at one hundred dollars ($100.00) payable in the applicable currency of the country where the Entrant resides at the time of Giveaway entry (the “Prize”).
  2. Timing: The Giveaway begins on August 20, 2024 at 9:00 a.m. Pacific Time (“PST”) and will end on August 27, 2024 at 11:59 p.m. PST (the “Giveaway Period”). Sponsor’s computer is the official time-keeping device for the Giveaway. Giveaway entries/submissions received after the Giveaway Period will not be accepted and will be considered invalid entries/submissions.
  3. How To Enter: There is no purchase necessary to enter the Giveaway. During the Giveaway Period, visit www.shift.com/toggletax (the “Giveaway Site”). In order to enter the Giveaway, the Entrant must visit the Giveaway Site, download Shift, and complete the Giveaway entry form(s). The Entrant will receive one (1) Giveaway ballot entry for a successful Giveaway entry submission. To be deemed a “successful” Giveaway ballot entry, the Entrant must compete a Giveaway entry form by submitting: (i) their full name (first and last name); (ii) their valid email address; and (iii) a description of the one (1) thing that they would rather be doing instead of toggling through web browser tabs. Entrants may also enter the Giveaway by sending an email to rebate@tryshift.com with (A) their full name (first and last name); and (B) a description of the one (1) thing that they would rather be doing instead of toggling through web browser tabs. There is a limit of one (1) Giveaway ballot entry per Entrant per Giveaway Period. In the case of multiple entries, only the first eligible entry will be considered and the remainder will be void. Use of any automated system to participate in the Giveaway is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, or misdirected Giveaway ballot entries, all of which will be disqualified. The Sponsor reserves the right, in their sole discretion, to disqualify any Entrant should such an Entrant supply untruthful, incomplete, inaccurate or misleading personal details and/or information.
  4. Contest Draw: A random draw for the Prizes will be made by the Sponsor on or before 11:59 p.m. PST on August 30, 2024 from all eligible Giveaway ballot entries received on or before 11:59 p.m. PST on August 27, 2024. Following the draw, the selected potential Giveaway winning Entrant(s) will be contacted by email at the email address that he/she/they provided to the Sponsor during the Giveaway ballot entry submission process on the Giveaway Site, or the email address that the Entrant used to submit the Giveaway entry directly to the Sponsor by email. In order to be declared a winner or recipient of the Giveaway, the selected Entrant must: (i) respond to the Giveaway winner/recipient notification within seventy-two (72) hours of transmission of the notification; (ii) if applicable, answer the time-limited, mathematical  skill-testing question correctly; (iii) sign a declaration of compliance with these Official Rules; (iv) sign a release of the Sponsor and each of its respective direct or indirect parents, subsidiaries, affiliates, related entities, suppliers, advertising/promotion agencies and each of their officers, directors, members, employees, contractors, and agents (collectively, the “Released Parties”) from and against any and all liability in connection with the Giveaway; and (v) sign a consent to the use of his or her name, city of residence, photograph, likeness, voice or statements for advertising and promotional purposes without any further compensation to the selected Entrant. Should the selected Entrant fail to comply with any of these Official Rules, the Prize will be automatically forfeited and another Entrant may be selected (at the sole discretion of the Sponsor) by random draw in accordance with these Official Rules. The selected Entrant is subject to verification by the Sponsor and shall not be deemed a Giveaway winner/recipient unless and until the selected Entrant’s eligibility has been verified and the selected Entrant has been notified that verification is complete. The chances of winning a Prize will depend upon the number of eligible ballot entries received during the Giveaway Period. If, as a result of an error relating to the entry process, drawing or any other aspect of the Giveaway, there are more selected Entrants than contemplated in these Official Rules, there will be a random draw amongst all eligible selected Entrants to award the correct number of Prizes. The selected Entrant must co-ordinate the collection/receipt of the Prize with the Sponsor and must comply with all applicable laws, rules and regulations. The Prize is non-transferable, non-exchangeable, non-refundable, and has no cash value. The Prize will be delivered at no cost to the selected Entrant, however, the selected Entrant shall be responsible for paying any and all applicable taxes and any other expenses incurred, including any income taxes, sales or use taxes arising from his/her/their receipt of the Prize and shall indemnify Sponsor from any of the foregoing taxes. As the Prize is an electronic gift card (eGift card) and will be delivered electronically, the selected Entrant acknowledges and agrees that the Sponsor will not be responsible for the selected Entrant’s inability to receive or retrieve the Prize whether as a result of system or user error, or otherwise. If a selected Entrant fails to accept or take delivery of the Prize as instructed by the Sponsor, the Prize will be deemed forfeited. A selected Entrant may decline to be a selected Giveaway winner/recipient by notifying the Sponsor, in which case the declining Entrant will forego the Prize associated with being a selected Entrant.
  5. Limitations of Liability: The Released Parties are not responsible for: (i) any incorrect or inaccurate information, whether caused by any Entrant, printing errors or by any of the equipment or programming associated with or utilized in the Giveaway; (ii) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in network hardware or software, or for any computer online, software, or technical or hardware malfunctions that may affect the transmission or non-transmission of an entry; (iii) unauthorized human intervention in any part of the entry process or the Giveaway; (iv) technical or human error which may occur in the administration of the Giveaway or the processing of ballot entries; or (v) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Giveaway or any Giveaway-related activity, or from Entrant’s receipt (or non-receipt) or use or misuse of the Prize. Under no circumstances shall the Sponsor be responsible or liable for (A) any Giveaway ballot entry that is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted; and/or (B) any Prize that is lost, damaged or misdirected. Each Entrant agrees to fully indemnify the Released Parties from any and all claims by third parties relating to the Entrant’s participation in the Giveaway, without limitation. The Sponsor assumes no responsibility or liability in the event that the Giveaway cannot be conducted as planned for any reason. Including those reasons beyond the control of the Sponsor, such as infection by computer virus, bugs, malware, tampering, unauthorized intervention, fraud, technical failures, or corruption of the administration, security, fairness, integrity or proper conduct of the Giveaway and/or the Giveaway Site.
  6. General Conditions: The Sponsor may cancel, modify or suspend the Giveaway or amend these Official Rules for any reason whatsoever. For example, if for any reason the Giveaway is not capable of running as originally planned, the Sponsor may adjust any of the dates, timeframes or other Giveaway mechanics, substitute a prize of equal or greater value to the Prize or suspend or cancel the Giveaway. If for any reason the Giveaway is not capable of being conducted as intended by the Sponsor, including due to computer viruses, bugs, tampering, unauthorized intervention, fraud, technical failures, human error, or any other cause that corrupts, impairs or interferes with the administration, security, fairness, integrity or proper functioning or conduct of the Giveaway, the Sponsor may, at its sole discretion, disqualify any Entrant responsible for such misconduct or cancel, terminate, modify, or suspend the Giveaway. Sponsor reserves the right, in its sole discretion, to disqualify any Entrant it finds to be (i) tampering with the entry process or the operation of the Giveaway; (ii) providing false or misleading information; (iii) and/or be acting in violation of the Official Rules. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a present or future waiver of that provision, nor in any way affect the ability of the Sponsor to enforce each and every such provision thereafter. The Prize will be awarded “as is” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). If any part of these Official Rules is legally unenforceable or inapplicable, then that part will be deemed invalid; however, the remainder of these Official Rules will otherwise continue to be in full force and effect.
  7. Disputes: Except where prohibited, Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Giveaway or any Prize awarded shall be resolved individually, without resort to any form of class action, and shall be governed exclusively by the laws of the Province of British Columbia, Canada; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Giveaway, but in no event attorneys’ fees; and (iii) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages 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 concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and Sponsor in connection with the Giveaway, shall be governed by, and construed in accordance with, the laws of the Province of British Columbia, Canada, without giving effect to any choice of law or conflict of law rules (whether of the Province of British Columbia or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Province of British Columbia. The Entrant irrevocably submits to the exclusive jurisdiction of the courts of the Province of British Columbia and waives any claim on the grounds of inconvenient forum. Any questions or disputes regarding the Giveaway must be addressed to the Sponsor (rebate@tryshift.com).
  8. Entrant's Personal Information: Information collected from Entrants is subject to the Sponsor’s Privacy Policy https://shift.com/privacy/. By participating in the Giveaway, each Entrant: (i) grants to Sponsor the right to use his/her/their personal information provided when he/she/they enters the Giveaway for the purpose of administering the Giveaway, including but not limited to contacting and announcing the winner(s) and coordinating the provision of the Prize; (ii) grants to the Sponsor the right to use his/her/their personal information for publicity and promotional purposes relating to the Giveaway in any and all media without further compensation unless prohibited by applicable law; and (iii) acknowledges that the Sponsor may disclose his/her/their personal information to third-party agents and service providers of the Sponsor in connection with any of the activities defined in (i) and/or (ii) above.