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motusbank Savings contest terms and conditions

1. KEY DATES:
The motusbank Savings Account Contest (the “Contest”) is brought to you by motusbank (the “Sponsor”) and begins on May 4, 2021 at 1pm Eastern Time (“ET”) and ends on June 4, 2021 9pm ET (the “Contest Period”). motusbank reserves the right to change the dates of the contest period at any time.

2. ELIGIBILITY:
Contest is open only to Canadian residents (excluding Quebec) who have reached the legal age of majority, have applied for and been accepted into Membership of motusbank and whose account is in good standing at the time of entry, except employees, representatives, agents, officers or directors (and those with whom such persons are living, whether related or not) of the Sponsor, their respective subsidiaries, associated and affiliated entities, prize suppliers, advertising/promotion agencies and any other individual(s), entity or entities involved in the development, production, implementation, administration or fulfillment of the Contest (an “Eligible Entrant”) (collectively with the Sponsor, the “Contest Parties”).

3. AGREEMENT TO BE LEGALLY BOUND BY RULES:
By participating in this Contest, you are signifying your agreement that you have read and agree to be legally bound by these Official Rules and Regulations (the “Rules”).

4. HOW TO ENTER:
NO PURCHASE NECESSARY. BEING A MEMBER OF THE SPONSOR AND/OR COMPLETING THE REGISTRATION AS OUTLINED BELOW WILL NOT IN ANY WAY WHATSOEVER INCREASE OR OTHERWISE IMPACT YOUR CHANCES OF WINNING IN THIS CONTEST.

The method to enter the Contest is as follows:

To register for the Contest, visit www.motusbank.ca/savingscontest
Fully complete the web form with all required information and signify your agreement that you have read and agree to be legally bound by the terms and conditions of these Rules. Once you have fully completed the form with all required information and have agreed to the Rules, follow the on-screen instructions to submit your completed Form (your “Registration”).

Once you have completed a valid Registration in accordance with these Rules, you will be eligible to earn one (1) Entry (each, an “Entry” and collectively, the “Entries”) upon completion of opening a savings account at motusbank with a minimum balance of $100 (savings accounts opened on April 26, 2021 or later will still be deemed eligible to earn one (1) Entry). You can earn additional Entries (to a maximum of ten) for completing one of each Eligible Transactions (as defined below).

In order to complete your Registration you will need to enter your full name, email, and phone number; which will be used to track your Registration and Eligible Transactions during the Contest Period.

For the purposes of this Contest, an “Eligible Transaction” means a transfer in of at least $50 (defined as completing a cheque deposit via remote deposit, transferring funds in via a money mover transaction from an external financial institution, or depositing an incoming e-transfer – can be through mobile or desktop) completed through the participant’s personal account using the Sponsor’s online banking application.

Every time you complete an Eligible Transaction in accordance with these Rules, you will automatically be recorded by the Sponsor in its records as having received one (1) Entry in the Contest up to a maximum of 10 Entries. All determinations as to whether or not an Eligible Transaction has been completed in compliance with these Rules will be made by the Sponsor and shall be considered final and binding without right of appeal or review, judicial or otherwise.

5. IMPORTANT NOTES ABOUT YOUR REGISTRATION:
You will not receive anything for the mere act of completing your Registration. Further, you will not be eligible to earn an Entry (as defined below) pursuant to this method of entry unless and until you complete a valid Registration in accordance with these Rules. You only need to complete one (1) Registration in relation to this Contest. Completing multiple Registrations is not required and will not increase your chances of winning in this Contest.

6. LIMITS AND ADDITIONAL ENTRY RULES:
The Contest Parties and each of their respective officers, directors, agents, representatives, successors and assigns (collectively, the “Released Parties”) are not responsible for, and accept no liability whatsoever in relation to, any late, lost, misdirected, delayed or incomplete Entries and/or other information (all of which is/are void).

There is a limit one (1) Entry plus a possible ten (10) additional Entries per Eligible Entrant (based on transactions completed).
If it is discovered by the Sponsor (using any evidence or other information made available to or otherwise discovered by the Sponsor) that any person has attempted to use multiple names, multiple identities, multiple email addresses and/or any automated, macro, script, robotic or other system(s) or program(s), and/or any other means not in keeping with the Sponsor’s interpretation of the letter and spirit of these Rules to enter or otherwise participate in or to disrupt this Contest (all as determined by Sponsor in its sole and absolute discretion); then he/she may be disqualified from the Contest in the sole and absolute discretion of the Sponsor. An Entry may be rejected if (in the sole and absolute discretion of the Sponsor) it is not submitted and received in accordance with these Rules.

7. VERIFICATION:
All Entries, Eligible Transactions, accounts and entrants are subject to verification at any time and for any reason. The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification): (i) for the purposes of verifying an individual’s eligibility to participate in this Contest; (ii) for the purposes of verifying the eligibility and/or legitimacy of any Entry, Eligible Transaction, account and/or other information entered (or purportedly entered) for the purposes of this Contest; and/or (iii) for any other reason the Sponsor deems necessary, in its sole and absolute discretion, for the purposes of administering this Contest in accordance with the Sponsor’s interpretation of the letter and spirit of these Rules. Failure to provide such proof to the complete satisfaction of the Sponsor within the timeline specified by the Sponsor may result in disqualification in the sole and absolute discretion of the Sponsor. The sole determinant of the time for the purposes of this Contest will be the official time-keeping device(s) used by the Sponsor. Proof of transmission (screenshots or captures etc.) or attempted transmission of an Entry or of an attempted Entry or of any communication, does not constitute proof of delivery or receipt by the Sponsor.

8. PRIZES:
There will be a total of four (4) Prizes (each, a “Prize” and collectively, the “Prizes”) available to be won. Each Prize consists of one (1) pair of Apple Airpods with a total approximate retail value of $219. The Prize must be accepted as awarded and is not transferable or assignable (except as may be specifically permitted by Sponsor in its sole and absolute discretion). No substitutions are permitted, except at Sponsor’s option. Sponsor reserves the right, in its sole and absolute discretion, to substitute any Prize or a component thereof with a prize of equal or greater retail value.

PRIZE LIMIT: There is a limit of one (1) Prize per person/household.

None of the Released Parties makes any representation or offers any warranty, express or implied, as to the quality or fitness of any Prize awarded in connection with the Contest. To the fullest extent permitted by applicable law, each Eligible Winner (as defined below) understands and acknowledges that he or she may not seek reimbursement or pursue any legal or equitable remedy from either the Sponsor or any of the other Released Parties should his/her Prize fail to be fit for its purpose or is in any way unsatisfactory. For greater certainty and the avoidance of any doubt, by accepting a Prize, each Eligible Winner agrees to waive all recourse against the Sponsor and all of the other Released Parties if the Prize or a component thereof does not prove satisfactory, either in whole or in part.

9. ELIGIBLE PRIZE WINNER SELECTION PROCESS:
On June 5th, 2021 (the “Draw Date”) at the offices of the Sponsor four (4) Eligible Entrants will be selected by random draw from among all eligible Entries submitted and received in accordance with these Rules (each an “Eligible Winner”). The odds of winning depend on the number of eligible Contest Entries submitted and received in accordance with these Rules.

10. ELIGIBLE WINNER NOTIFICATION PROCESS:
The Sponsor or its designated representative will make a minimum of three (3) attempts to contact each Eligible Winner (using the information available to the Sponsor) within five (5) business days of selection as an Eligible Winner. If an Eligible Winner cannot be contacted as outlined above, or if there is a return of any notification as undeliverable and/or if any correspondence is not responded to; then he/she may, in the sole and absolute discretion of the Sponsor, be disqualified (and, if disqualified, will forfeit all rights to the applicable Prize) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to select an alternate Eligible Winner in accordance with the procedures outlined in Rule 9 (in which case the foregoing provisions of this section shall apply to such newly selected Eligible Winner).

11. NO ONE IS AN ELIGIBLE WINNER UNLESS AND UNTIL THE SPONSOR OFFICIALLY CONFIRMS HIM/HER AS AN ELIGIBLE WINNER IN ACCORDANCE WITH THESE RULES, EVEN IF SUCH PERSON IS ANNOUNCED AS AN ELIGIBLE WINNER.

BEFORE BEING DECLARED AS AN ELIGIBLE WINNER, each Eligible Winner will be required to correctly answer a time limited mathematical skill-testing question without mechanical or other aid (which may, in the sole and absolute discretion of the Sponsor, be administered online, by email or other electronic means, by telephone, or in the Sponsor’s form of declaration and release). By participating in the Contest and accepting a Prize, each Eligible Winner hereby: (i) confirms compliance with these Rules; (ii) acknowledges acceptance of the applicable Prize (as awarded); (iii) releases the Released Parties from any and all liability in connection with this Contest, his/her participation therein and/or the awarding and use/ misuse of the applicable Prize or any portion thereof; and (iv) agrees to the publication, reproduction and/ or other use of his/her name, address, voice, statements about the Contest and/or photograph or other likeness without further notice or compensation, in any publicity or advertisement carried out by or on behalf of the Sponsor in any manner or medium whatsoever, including print, broadcast or the internet.

IMPORTANT NOTE: The Sponsor may, in its sole and absolute discretion, require an Eligible Winner to sign and return the Sponsor’s form of declaration and release prior to confirming the Eligible Winner as a confirmed winner in accordance with these Rules. If an Eligible Winner: (a) fails to correctly answer the skill-testing question; (b) fails to properly execute and return any required Contest documents within the specified time; (c) cannot accept (or is unwilling to accept) the applicable Prize (as awarded) for any reason; and/or (d) is determined to be in violation of these Rules (all as determined by the Sponsor in its sole and absolute discretion); then he/she will be disqualified (and will forfeit all rights to the applicable Prize) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to select an alternate Eligible Winner in accordance with the procedures outlined in Rule 9 (in which case the foregoing provisions of this section shall apply to such newly selected Eligible Winner).

12. GENERAL CONDITIONS:
This Contest is subject to all applicable federal, provincial and municipal laws. The decisions of the Sponsor with respect to all aspects of this Contest are final and binding on all entrants without right of appeal or review, judicial or otherwise.

ANYONE DEEMED BY THE SPONSOR TO BE IN VIOLATION OF THE SPONSOR’S INTERPRETATION OF THE LETTER AND/OR SPIRIT OF THESE RULES FOR ANY REASON IS SUBJECT TO DISQUALIFICATION IN THE SOLE AND ABSOLUTE DISCRETION OF THE SPONSOR AT ANY TIME. The Sponsor reserves the right, in its sole and absolute discretion, to disqualify any individual that it deems to be in violation of these Rules. The Sponsor reserves the right to refuse an Entry from any person whose eligibility is in question or who has been disqualified or is otherwise ineligible to enter. In its sole and absolute determination, the Sponsor may disqualify any person who acts in any manner to threaten or abuse or harass any person and to void all such person’s Entries.

The Released Parties will not be liable for: (i) any failure – including, but not limited to, the failure of any website or any platform during or after the Contest; (ii) any technical malfunction or other problems of any nature whatsoever, including, without limitation, those relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; (iii) the failure of any information or materials (including, but not limited to, Entries and/or Eligible Transactions) to be received, captured, recorded or function properly for any reason whatsoever, including, but not limited to, technical problems or traffic congestion on the internet or at any website; (iv) any injury or damage to an entrant’s or any other person’s computer or other device related to or resulting from participating in the Contest; (v) anyone being incorrectly and/or mistakenly identified as an Eligible Winner; and/or (vi) any combination of the above.

Any attempt to undermine the legitimate operation of this Contest in any way (as determined by Sponsor in its sole and absolute discretion) may be a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law. Without limiting the generality of the forgoing, the Sponsor reserves the right, in its sole and absolute discretion, to administer an alternate test of skill as it deems appropriate based on the circumstances and/ or to comply with applicable law.

By entering this Contest, each entrant permits the Sponsor, its agents, promotional agencies and/or representatives to collect the information submitted with your Entry and to use it to administer the Contest. If you have also consented to the use of your personal information for marketing and promotional purposes, you agree that the Sponsor may send you offers, promotions and information about its products and services. The Sponsor may communicate with you through various channels, including email, telephone, social media or mail, using the contact information you have provided. We will respect your preferences otherwise recorded with us. You may withdraw your consent at any time.

In the event of any discrepancy or inconsistency between the terms and conditions of these Rules and disclosures or other statements contained in any Contest-related materials, including, but not limited to, any website(s), platform(s), point of sale, television, print or online advertising and/or any instructions or interpretations of these Rules given by any representative of the Sponsor, the terms and conditions of these rules shall prevail, govern and control to the fullest extent permitted by law.

The invalidity or unenforceability of any provision of these 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 Rules shall otherwise remain in effect and shall be construed in accordance with the terms as if the invalid or illegal provision were not contained herein.

To the fullest extent permitted by applicable law, all issues and questions concerning the construction, validity, interpretation and enforceability of these Rules or the rights and obligations of participants, Sponsor or any of the other the Released Parties in connection with the Contest will be governed by and construed in accordance with the domestic laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction’s laws. The parties hereby consent to the exclusive jurisdiction and venue of the courts located in Ontario in any action to enforce (or otherwise relating to) these Rules or relating to this Contest.