The following are the official rules (“Rules”) for the Miami Labs, Inc. (d/b/a OpenStore) OpenStore Merchant Survey 2023 (the “Contest”). In order to enter the Contest, you must agree to these Rules. You agree that submission of an entry form and/or participation in the Contest constitutes your agreement to these Rules.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
The Contest is sponsored by Miami Labs, Inc., a Delaware corporation with its principal place of business at 2916 N. Miami Ave., Suite 1100, Miami, Florida 33127 (“OpenStore”).
The Contest is open only to legal residents of the contiguous forty-eight (48) states of the United States and Alaska, Hawaii and the District of Columbia who are of age or older at the time of entry. Employees of OpenStore and its respective parents, affiliate companies, subsidiaries, Sweepstake agencies, suppliers and members of their immediate families, are not eligible. Void in Rhode Island, Puerto Rico and elsewhere prohibited by law. For purposes of the Contest, “immediate family” is defined as spouses, parents, children, siblings and their respective spouses, regardless of whether they reside in the same household.
The entry submission period of the Contest begins on July 25, 2023 at 1:40:00 pm Eastern Standard Time (“EST”) and ends August 31, 2023 at 11:59:59 pm EST (the “Contest Period”).
To enter the Contest during the Contest Period, follow the instructions on the ‘OpenStore Merchant Survey 2023’ landing page and fill out the entry form through the survey link in the email you received. Entrants must make sure to fill out all required fields to complete the entry. Entrant agrees that by submitting an entry, Entrant agrees to receive emails from OpenStore. Entrant may, at any time, unsubscribe to the emails sent from OpenStore by following the unsubscribe instructions in such emails. No purchase necessary. A purchase or payment of any kind will not increase your chances of winning. No more than one (1) person can enter using the same email address. One (1) entry (“Entry”) per person and per Shopify business. Use of any automated system to participate is prohibited and will result in disqualification. The Contest is not sponsored by any third-party social media platform, Shopify or Visa. Within two (2) days after the end of the Contest Period, the Company will randomly select at least 50 Entrants to each receive a $25.00 Visa gift card.
OpenStore is not responsible for lost, late, incomplete, damaged, stolen, invalid, unintelligible or misdirected entries, which will be disqualified. OpenStore is not responsible if online service or equipment is interrupted including without limitation (1) interruptions to any network, server, Internet, Web site, telephone, satellite, computer or other connections, (2) failures of any telephone, satellite, hardware, software or other equipment, (3) garbled, misdirected or jumbled transmissions, or traffic congestion, (4) other errors of any kind, whether human, technical, mechanical or electronic, (5) the incorrect or inaccurate capture of information or the failure to capture any such information, or (6) printing or typographical errors.
By submitting an Entry and participating in the Contest, you agree and hereby grant OpenStore and its affiliates permission to use, copy, modify, publish, and/or reproduce your Entry, including but not limited to your name, likeness, voice, image, story and photos, for any purpose, including but not limited to marketing, media, editorial, commercial, advertising, promotional and/or publicity purposes, in any form of media anywhere in the world, without geographic or time limitation or further payment, compensation, notice or approval to you, except where prohibited by law.
This Contest is governed by the laws of the State of Florida, United States. All federal, state and local laws and regulations apply. By entering and participating in the Contest, you agree to be bound by these Rules and by OpenStore’s decisions, which are final and binding on all matters relating to the Contest. OpenStore’s failure to enforce any provision of these Rules shall not constitute the waiver of such provision. Entrants are required to provide accurate, valid and truthful information at all times. OpenStore will reject and delete any Entry that it discovers to be false, fraudulent, illegal or deceptive and will disqualify any Entrant who tampers with the Entry process, the operation of the Contest, or is otherwise in violation of the Rules or acts in a disruptive or unsportsmanlike manner. OpenStore is not responsible for electronic transmission errors, which result in the omission, interruption, deletion, defect, destruction, alteration, and/or delay of any Entry. OpenStore is not responsible for any technical, network, electronic, computer, hardware and/or software malfunction, problem, incompatibility, congestion or failure of any kind. OpenStore reserves the right to cancel, terminate, suspend and/or modify the Contest at any time, in its sole discretion, if the Contest is not capable of completion as planned, including without limitation, the lack of Entry submissions, incomplete Entries, computer viruses, bugs, tampering, unauthorized intervention or technical failures of any sort, without notice. Without limiting the foregoing, OpenStore may lock out any Entrant who, in OpenStore’s sole judgment, has been disqualified, has questionable eligibility or is otherwise ineligible to enter. Upon cancellation or termination of the Contest for any reason, OpenStore and OpenStore shall have no obligation to award prizes or compensation of any kind.
Representations and Warranties.
By submitting an Entry and participating in the Contest, you represent and warrant that (i) your Entry is original and that you are the sole and exclusive owner and rights holder of the submitted Entry and the corresponding Shopify business, or you have obtained the necessary permission to include the Entry in the Contest, and that you have the right and authority to submit the Entry in the Contest; (ii) your Entry does not violate any third party intellectual property or proprietary rights; and (iii) you are otherwise not in violation of any applicable laws, rules and/or regulations.
Disputes/Choice of Law:
Except where prohibited, each Entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or the awarding of the Prize shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in Miami-Dade County, in the State of Florida, (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees, and (3) no punitive, incidental, special, consequential or other damages, including without limitations, lost profits, may be awarded (collectively, “Special Damages”), and (4) Entrant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased. Florida Law, without reference to choice of law rules, governs the Contest and all aspects related thereto.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ENTRANT HEREBY AGREES TO INDEMNIFY, RELEASE AND HOLD HARMLESS OPENSTORE AND ITS AFFILIATES, SUBSIDIARIES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSEES, SUCCESSORS, REPRESENTATIVES AND AGENTS AT ALL TIMES FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, LOSSES, LIABILITIES, DAMAGES, PROCEEDINGS, COSTS (INCLUDING ATTORNEYS’ FEES) AND EXPENSES FOR ANY INJURY, DAMAGE OR LOSS CAUSED OR CLAIMED TO BE CAUSED, BASED UPON, OR ARISING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE OR ANY PART OF THE PRIZE, ENTERING THE SWEEPSTAKES, PARTICIPATION IN THE SWEEPSTAKES, OR PARTICIPATION IN ANY PRIZE RELATED ACTIVITY OR EVENT.
In no event shall OpenStore be liable to an Entrant for any indirect, incidental, consequential, special or punitive damages of any kind, whether in contract, tort, negligence, strict liability, statutory or any other theory of liability arising from or related to the Contest, or any aspect of an Entrant’s participation in or termination from the Contest as provided herein, even if OpenStore has been advised of the possibility of such damages. In no event shall OpenStore be liable to an Entrant for any amount with respect to an Entrant’s participation in or disqualification from the Contest, or from the termination or cancellation of the Contest. To the extent permitted by law, the rights to litigate, seek injunctive relief or to any other recourse to judicial or any other procedure in case of disputes or claims resulting from or related to the Contest are hereby excluded, and you expressly waive any and all such rights.
If any section, provision, term or clause shall be held or found to be unenforceable or invalid by a court decision, statute, rule or otherwise, the remaining provisions shall not be affected thereby and shall continue in full force and effect and such provision may be modified or severed from these Rules to the extent necessary to make such provision enforceable and consistent with the remainder of these Rules.
Entrant agrees that OpenStore and its subsidiaries and affiliated companies and all of its advertising and marketing agencies, as well as Shopify and any third-party social media platforms (the “Released Parties”), will have no liability whatsoever in connection with this Contest. By entering the Contest, Entrant explicitly releases, discharges and holds harmless OpenStore and its successors and assigns and all its shareholders, directors, officers and employees, as well as any third-party social media platforms and Shopify, one and all, from any and all liability, actions, causes of action, damages, actual, incidental or consequential, claims and demands whatsoever in law of equity, including attorneys’ fees and/or experts fees and costs, which he/she now has or may acquire, by reason of any personal injury, death, loss of or damage to property, or any reason, occurring during or arising out of his/her participation in the Contest and the acceptance and use or misuse of the Prize. The Released Parties are not responsible for 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 Contest or receipt or use or misuse of the Prize.