Terms

xohGeneral

  1. By entering the All Canadian Maker Series competition (the “Competition”) entrants agree to comply with and be bound by these Terms and Conditions.
  2. To the extent of any inconsistency between these Terms and Conditions and any other reference to this Competition, these Terms and Conditions prevail.

Who can enter:

  1. The Competition is open to residents of Canada who have reached the age of majority in their province/territory as of the date of entry and who have fulfilled the requirements set out in rules 4 and 5 below (“Eligible Entrants”).
  2. Entrants must have products in an active listing in an Etsy shop. Entrants who do not have an Etsy shop may start one and have 20 free listings at https://www.etsy.com/ca/promotion using the promo code XOHCANADA. Use of the Etsy website and participation in this Competition is conditional on compliance with the terms of use specified at www.etsy.com/ca/legal
  3. This Competition is sponsored by Drake General Store Inc. (the “Promoter”) in association with Etsy Canada Limited (the “Competition Partner”). Employees, representatives and agents, and their immediate family members or persons with whom they are domiciled, of the Promoter, the Competition Partner and associated agencies and companies, contractors or individuals, and the Competition Judges (collectively the “Competition Parties”) are not eligible to enter this Competition. Immediate family means any of the following: sibling, parent or child.

How to enter

  1. Eligible Entrants may enter the Competition between 12:00 pm Eastern Time (“ET”) on July 1, 2016 and 11:59:59 pm ET on July 31, 2016 (the “Entry Period”) by completing the application form on xohcanada.drakegeneralstore.ca (the “Competition Website”) and providing all requested information. One entry per person.
  2. All products submitted must be creations of the entrant. Entries must not include objectionable content, including but not limited to profanity, nudity, potentially insulting, scandalous, inflammatory or defamatory images or language, or images or personal information of an individual other than the entrant (unless such individual has consented to have their image and/or personal information appear in the entry and has authorized its Use in accordance with these Terms and Conditions). Entrants must ensure that they either: a) own all intellectual property in the material used in the entry; or b) own the intellectual property in the majority (to be determined at the sole discretion of the Promoter) of the material used in the entry and have a written license from any third- party intellectual property owner that allows the entrant to use the third party’s materials to enter the Competition and to grant the Promoter the rights and licenses to Use the third party’s materials in accordance with these Terms and Conditions without compensation. Entrants may be required to sign a statutory declaration confirming the foregoing.
  3. By submitting an entry, each competition winner (i) gives the Promoter and the Competition Partner a non-exclusive, perpetual, transferrable, irrevocable, royalty-free, fully paid-up license to use, reproduce, edit, modify, publish, create derivative works from, and display (“Use”) his/her entry, in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed for promotional or marketing purposes in connection with the All-Canadian Makers Series only; (ii) waives all rights and moral rights in and to his/her entry and listings in favour of the Promoter and its successors and assigns and the Competition Partner in respect of the promotion of the All-Canadian Makers Series; and (iii) agrees to release and hold harmless the Released Parties (as defined in section 23) from and against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related cause of action.
  4. By submitting an entry, entrants understand that they will be required to subsequently discuss their story with the Promoter and the Competition Partner, allow their story to be published and participate in photography shoots and other promotional campaigns during and after the Competition with both the Promoter and the Competition Partner.
  5. Any entrant who outsources any part of their production process must have filled out an application and had their outside manufacturer approved by our team of Maker Specialists in order to be eligible for winning a prize. Entrants can read more about this here: {https://www.etsy.com/help/article/4644}

Prizes

  1. At the time of entry, entrants will be asked to select which of the following 6 categories their entry fits in best: (i) Home; (ii) Art + Decor; (iii) Wearing; (iv) Accessories; v) Little Ones and (vi) Curiosities. Prizes will be awarded across categories at the discretion of Drake General Store and the judging panel.
  2. There is a total of ten (10) prizes available to be won. Each prize has a value of $2000 and consists of: a $500 cash prize, a $500 gift certificate to Drake General Store and a $1000 wholesale sales contract with Drake General Store. Sales contract of $1000 offers Drake General Store exclusive sales rights within Canada with the exception of maker Etsy portal. Etsy makers must provide Drake General Store with 1 product for every product available in their Etsy portal. (Example: if 300 units are purchased by Drake General Store, Etsy maker is entitled to sell an additional 300 units via Etsy only at the same retail as decided by DGS) Contract will run from January 1, 2017 – July 1, 2018 unless extension upon by both parties. Drake General Store to determine the appropriate retail based on the wholesale price offered by the Etsy seller/maker.

Winner Determination

  1. Between August 1 – August 31, 2016 (the “Judging Period”), a panel of 6 judges will score all entries based on the following criteria (with each criterion having a maximum score of 10): (i) quality of craftsmanship; (ii) is the product unique or innovative?; (iii) skills applied, advanced or innovative making skills; (iv) ‘wow’ factor, is the product stunning?; (v) utility/functionality, is it fit for purpose?; (vi) the maker or designer’s story; (vii) professionalism (is the designer’s Etsy shop well presented with quality photography etc.) and (viii) Reflection of Canadian culture, heritage and pride (“Judging Criteria”). In the event of a tie, the winner will be determined by Drake General Store. Prizes will be awarded across categories at the discretion of DGS and the judging panel.
  2. The odds of winning a Prize depend on how your entry is judged by the Competition Judges based on the Judging Criteria as compared with other entries.
  3. Winners will be notified by email on or before August 31, 2016. Winners will be announced on the Competition Website September 16, 2016 at 12PM ET.

Winner Confirmation Process

  1. Potential winners will be notified by email no later than August 31, 2016. Prior to being confirmed as a winner, each potential winner may be required to sign and return to Promoter, within seven (7) days of the date notice or attempted notice is sent, a Declaration of Compliance, Liability and Publicity Release in order to claim his/her prize. If a potential winner cannot be contacted, fails to execute and return the Declaration of Compliance, Liability and Publicity Release within the required time period, or if the prize or prize notification is returned as undeliverable, the potential winner will be disqualified and the prize will be forfeited. If a potential winner is disqualified for any reason, the entrant whose entry received the next highest score will be the new potential winner, subject to compliance with these Terms and Conditions.
  2. Once confirmed, the names of winners will be published on the Competition Website.
  3. Contract for approval will be sent to confirmed winners within 4 weeks. Prize to be sent upon return of signed contract.
  4. Product sample must be sent to Drake General Store (Toronto) by September 30, 2016.
  5. Signed contract must be returned to Drake General Store within 2 weeks (14 days) of receiving it. If the contract is not confirmed and signed within the 2 week period, winner will be disqualified and another winner will be chosen.

General

  1. The Promoter is not responsible if a prize cannot be awarded due to causes outside of the Promoter’s control and Promoter shall not be responsible for providing a replacement prize.
  2. The Promoter reserves the right to substitute all or part of a prize for a prize or prizes of equivalent value. Each prize must be taken as stated and is not transferable or exchangeable.
  3. By entering the Competition, the entrant agrees: (i) to release and hold harmless the Competition Parties and their affiliates, and each of their respective agents, employees, representatives, directors, successors and assigns (the “Released Parties”) from and against any and all manner of action, causes of action, suits, debts, covenants, contracts, claims and demands, including legal fees and expenses, whatsoever, including but not limited to, claims based on negligence, breach of contract, and fundamental breach and liability for physical injury, death, or property damage which an entrant or his/her administrators, heirs, successors, or assigns might have or could have, by reason of or arising out of the entrant’s participation in the Competition and/or in connection with the acceptance, use or misuse of a prize; and (ii) to indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable legal fees) arising out of or relating to an entrant’s participation in the Competition and/or entrant’s acceptance, use or misuse of any prize.
  4. Except for any liability that cannot by law be excluded, the Released Parties exclude all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Competition or the acceptance, use or misuse of any prize.
  5. Subject in Quebec to the jurisdiction of the Régie des alcools, des courses et des jeux (the “Regie”), the Promoter reserves the right to amend these Terms and Conditions for any reason, including if this Competition cannot be run as originally planned. Subject in Quebec to the jurisdiction of the Regie, the Promoter may also cancel or suspend this Competition for any reason, including if an event beyond the control of the Promoter corrupts or affects the administration, security, fairness, integrity or proper conduct of this Competition. The Promoter reserves the right to disqualify any individual who has tampered with the entry process or any other aspect of this Competition.
  6. For Residents of Quebec: Any litigation respecting the conduct of organization of a publicity contest may be submitted to the Regie for a ruling. Any litigation respecting the awarding of a prize may be submitted to the Regie only for the purposes of helping the parties reach a settlement.
  7. The Competition Parties will not be liable or responsible for any problems or technical malfunction of any telephone network or lines, computer on line systems, servers, or providers, computer equipment, software, technical problems of the phone or of any phone network, or any misadventure, accident, injury, loss (including but not limited to consequential loss) or claim that may occur: whilst participating in the Competition or undertaking any travel connected with their entry; in the participation in any prize; as a consequence of late, lost or misdirected mail, email, SMS or phone call; due to the broadcast of any program relating to the Competition or the publication of any material, including any statements made by any employee, representative or agent of Promoter or any journalist, other entrants or any other person; any injury or damage to entrant’s or any other person’s computer, software or phone; or any combination thereof, related to or resulting from participation or sending or receiving of any communication or of any materials in this Competition.
  8. The Promoter reserves the right to disqualify any entrant: (i) submitting an entry or subsequent communication which, in the opinion of the Promoter is not in compliance with these Terms and Conditions; or (ii) engaged in any unlawful or other improper misconduct calculated to jeopardize the fair and proper conduct of the Competition. Entries that do not comply with these Terms and Conditions may, at the sole discretion of the Promoter, be considered invalid and, if awarded a prize, that prize must be returned to the Promoter. Promoter may (but is not required to) give an entrant the opportunity to modify his/her entry to bring it into compliance with these Terms and Conditions. The Promoter’s legal rights to recover damages or other compensation are reserved.
  9. The decisions of the Competition Judges and the Promoter in relation to any aspect of the Competition are final and binding on each entrant. Chance plays no part in determining any winner. No correspondence will be entered into except with potential winners. No responsibility is accepted for late, lost, stolen or misdirected entries or prize notifications. Prizes will be sent to the winner’s nominated address as stated in their original entry. The Competition Parties take no responsibility for prizes damaged or lost in transit.
  10. The Promoter collects entrants’ personal information for the purpose of conducting and promoting this Competition (including but not limited to determining and notifying winners) and for related purposes which would reasonably be expected.  If you opt-in, the Promoter may from time to time use your personal information to provide you with information about products and services that may be of interest to you. You may unsubscribe from these communications at any time. The Promoter may transfer personal information to essential service providers who provide services in connection with its products and services. Some of these service providers may be located outside of Canada where foreign laws may permit government and national security authorities to have access to personal information in certain circumstances.
  11. By accepting a prize, the winners agree to participate and co-operate as required in all editorial activities relating to the Competition, including but not limited to being interviewed and photographed. The winners agree to grant the Promoter a perpetual and non-exclusive license to Use such footage and photographs, as well as each winner’s name, city and province of residence, comments, biography, entry and listings, in all media worldwide, including online social networking sites, and the winners will not be entitled to any compensation for such Use.
  12. Promoter’s computer system governs all computer and time-related aspects of the Competition and, is the official time-keeping device for the Competition.  All dollar amounts referred to in these Terms and Conditions are in Canadian currency.
  13. Prize winners are advised that tax implications may arise from their prize winnings and they should seek independent financial advice prior to acceptance of that prize.
  14. For a list of winners, available until December 31, 2016, write to: info@drakegeneralstore.ca