1. CONTEST PERIOD AND ELIGIBILITY: The Contest Sponsor is: Amex Bank of Canada (hereinafter referred
to as the “Contest Sponsor”). The Contest Period starts at 12:00:01 a.m. ET on
December 2, 2011 and ends at 11:59:59 p.m. ET on February 3, 2012 (the “Contest Period”).
The Amex Merchant Services OMS Contest (the “Contest”) is open only to Canadian
American Express® Merchants (the “Merchants(s)”), who: (i) became a
Canadian Merchant registered with American Express (pursuant to the standard American Express Merchant Agreement)
prior to October 1, 2003, and have accounts in good standing throughout the Contest Period and at the time of
winner selection and prize fulfillment; (ii) are not currently enrolled in American Express Online Merchant Services
(the “Services”); and (iii) have received the mail “Amex Merchant Services OMS
Contest” invitation (the “Invitation”) directly from the Sponsor. For the purposes of this
Contest, each Merchant must designate one (1) authorized representative (the “Representative”)
who must: (i) be a legal resident of Canada who has reached the age of majority in his/her province/territory of residence at
the time of entry; (ii) not be an employee representative or agent, or domiciled with any such person (whether related or not),
of the Contest Sponsor, Amex Bank of Canada, the independent Contest organization or any of their respective subsidiaries,
affiliates, advertising or promotional agencies (collectively, the “Contest Parties”); and (iii)
have the authority to legally bind the Merchant, including (without limitation) to the terms and conditions of these Official
Rules and Regulations (the “Rules”). The Contest Sponsor reserves the right, in its sole and
absolute discretion, to require proof, in form and substance satisfactory to the Contest Sponsor, that: (i) the Merchant meets
the eligibility requirements noted above; and/or (ii) the Representative entering on behalf of a Merchant is, in fact, a duly
authorized representative of the Merchant with the authority to legally bind the Merchant and enroll the Merchant in the Service.
2. HOW TO ENTER: To enter, the Representative of an eligible Merchant must visit
(the “Website”) during the Contest Period and follow the on-screen instructions to enroll the Merchant
in the Services, which requires the Representative to: (i) create an user id and password, provide merchant number and valid e-mail
address, select enrollment options, provide his/her full name and business title, company postal/zip code and banking information;
(ii) provide the full legal name of the Merchant of which he/she is the Representative; and (iii) indicate that he/she agrees
(on his/her own behalf and on behalf of the Merchant) to be legally bound by the terms and conditions of these Rules. Once the
Representative has completed the Merchant’s enrollment in the Services and provided all required information, he/she must click
the “Enroll” button to complete the Merchant’s entry (the “Entry/Entries”). If a
Merchant wants to register for the Services, but does not want to be entered into the Contest, then the Representative must send
an email to: email@example.com
prior to the end of the Contest Period and the Merchant will not be entered into the Contest. There is no fee to enroll in the
Services. Merchants may revert back to paper statements at anytime by logging into the Merchant’s account at
3. There is a limit of one (1) Entry per Merchant permitted during the Contest Period. To be eligible, the Merchant’s Entry
must be received within the Contest Period. If it is discovered that any Merchant (or, a person or other entity purporting to be a
Merchant) has attempted to: (i) obtain more than one (1) Entry during the Contest Period; and/or (ii) use (or attempt to use) multiple
names, Representatives and/or identities to enter the Contest; then (in the sole and absolute discretion of the Contest Sponsor) the
Merchant may be disqualified from the Contest. Use (or attempted use) of multiple names, identities, Representative and/or any automated
or other system to enter or otherwise participate in this Contest is prohibited and is grounds for disqualification by the Contest Sponsor.
The Releasees (defined below) are not responsible for late, lost, misdirected, delayed, incomplete or incompatible Entries.
4. All Merchants, Representatives and Entries are subject to verification at any time. The Contest 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) for a Merchant and/or Representative to participate in this Contest. Failure
to provide such proof to the satisfaction of the Contest Sponsor in a timely manner may result in disqualification. The sole determinant
of the time for the purposes of a valid Entry in this Contest will be the Contest server machine(s).
5. For greater certainty, the Representative is NOT the entrant and has NO right to claim the Prize (defined below) or a portion thereof.
The entrant in this Contest is the Merchant. Contest Sponsor agrees to abide by any corporate policy of a Merchant with respect to the
awarding of prizes. Further, Contest Sponsor will not intervene in any decision made by a Merchant with regards to how the Prize or a
portion thereof will be allocated (if at all) by the winning Merchant. The winning Merchant is solely responsible for the reporting and
payment of any income tax relating to the Prize.
6. PRIZE AND RETAIL VALUE: There is one (1) Prize available to be won consisting of Five Thousand Dollars ($5,000.00 CDN)
in American Express Gift Cards awarded to the winning Merchant in the denomination of Two Hundred (200) Twenty Five Dollar ($25.00 CDN)
American Express Gift Cards (the “Prize”). Prize must be accepted as awarded, is non transferable or
assignable and cannot be redeemed for cash. The Contest Sponsor reserves the right to substitute the Prize (for any reason) with a prize
or prizes of equal or greater value. Standard terms and conditions of the American Express Gift Cards apply. Gift Cards can be used
only at participating merchants in Canada and the U.S. that accept American Express Cards. Use of the prepaid card is subject to the
Cardholder Agreement, which includes usage restrictions, terms and conditions. Not for use at ATMs or redeemable for cash. This prepaid
card is not reloadable. Standard American Express Gift Card terms and conditions apply.
7. WINNER SELECTION AND ODDS: A random draw will be made by The Marco Corporation, in Brantford, Ontario on or about
2:00 p.m. ET on February 28, 2012 (the “Draw Date”), from all eligible Entries received during the Contest
Period. Odds of winning depend on the number of eligible Entries received during the Contest Period. The Representative of the selected
Merchant will be contacted using the information indicated in the Entry, over a seven (7) day period following the Draw Date. In order
for a Merchant to be declared the confirmed winner of the Prize, the Representative of the selected Merchant must first: (a) correctly
answer, unaided, a time-limited, mathematical, skill testing question to be administered by phone at a mutually convenient time; (b) supply
proof of eligibility for both the Merchant and Representative (in form and substance satisfactory to the Contest Sponsor); and (c) complete
a declaration and release prepared by the Contest Sponsor which among other things: (i) confirms compliance with these Rules and acknowledges
acceptance of the Prize as awarded; (ii) agrees to release the Contest Parties and each of their respective officers, directors, agents,
representatives, successors and assigns (collectively, the “Releasees”) from any and all liability in connection
with this Contest, his/her and/or the Merchant’s participation therein and/or the awarding and use/misuse of the Prize or any portion
thereof; and (iii) agrees to the publication, reproduction and/or other use of the Merchant’s name and/or photograph or other likeness
without further notice or compensation, in any publicity or advertisement carried out by or on behalf of the Contest Sponsor in any manner
whatsoever, including print, broadcast or the internet including, but not limited to,
If the Representative of the selected Merchant: (a) cannot be reached after a minimum three (3) attempts within the seven (7) days following
the draw date (whichever occurs first), or if there is a return of any notification as undeliverable; (b) fails to correctly answer the
skill-testing question; (c) fails to return the properly executed Contest documents within the seven (7) business days; (d) fails to comply
with these Rules; and/or (e) the Merchant cannot accept the Prize for any reason; then he/she will be disqualified (and will forfeit all rights
to the Prize) and the Sponsor reserves the right, in its sole and absolute discretion, to randomly select an alternate eligible Merchant from
among the remaining eligible Entries (in which case the foregoing provisions of this section shall apply to such new selected Merchant).
8. PRIVACY: By entering this Contest, each Representative (on his/her own behalf and on behalf of the Merchant) consents to
the collection, use and distribution of his/her and/or the Merchant’s information by the Contest Sponsor or its agents to: (i) enroll
the Merchant into American Express Online Merchant Services; and (ii) for the purpose of implementing, administering and fulfilling
unless the Representative/Merchant otherwise agrees.
9. GENERAL: By participating, each Representative (on his/her own behalf and on behalf of the Merchant) agrees to release,
discharge and hold harmless the Releasees from any and all injuries, liability, losses and damages of any kind resulting from their participation
in the Contest or their acceptance, use or misuse of the Prize. The Releasees are not responsible for and shall not be liable for: (a) any
electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties of any kind, including without
limitation, server malfunction or any human error which may occur in the processing of Entries; (b) failed, incomplete, garbled or delayed computer
transmissions; (c) lost, late, misdirected, incomplete or incorrect Entries; (d) any condition caused by events beyond the control of the Releasees
that may cause the Contest to be disrupted or corrupted; or (e) tampering, thefts, defects or typographical errors in materials.
The Contest Sponsor reserves the right, subject only to the approval of the Régie des alcools, des courses et des jeux (the
“Régie”) in Quebec, to cancel, amend or suspend the Contest or any portion thereof (or, to amend these Rules),
should a virus, “bug” or any other cause beyond the control of the Contest Sponsor corrupt the administration, security of proper play
of the Contest. All Entries and entry information becomes the sole property of the Contest Sponsor. “Entrants” includes
heirs, successors, assigns, executors or administrators. Subject to applicable law and the consent of the Régie, the Contest Sponsor reserves
the right to terminate, amend or suspend this Contest, or amend these Rules, at any time, without notice or obligation to entrants, should any factor
interfere with the proper conduct of this Contest as contemplated by these Rules. Contest is subject to all applicable federal, provincial and
municipal laws. The decisions of the Contest Sponsor with respect to all aspects of this Contest are final and binding on all entrants without right
of appeal, including, without limitation, any decisions regarding the eligibility/disqualification of Entries, Representatives and/or Merchants. Any
attempt to deliberately damage any website or to undermine the legitimate operation of this Contest is a violation of criminal and civil laws and
should such an attempt be made, the Contest Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law. The
Contest Sponsor reserves the right, with the consent of the Régie, to cancel, suspend or amend this Contest, or to amend these Rules, without
prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind, or for any other reason.
For Quebec residents: Any litigation respecting the conduct or organization of a publicity contest may be submitted to the
Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of the prize may be submitted to the
Régie only for the purpose of helping the parties reach a settlement.
The Contest Sponsor reserves the right, in its sole and absolute discretion, and without prior notice, to adjust any of the dates and/or timeframes
stipulated in these Rules, to the extent necessary, for purposes of verifying compliance by any Representative, Merchant or Entry with these Rules,
or as a result of technical problems, or in light of any other circumstances which, in the opinion of the Contest Sponsor, in its sole and absolute
discretion, affect the proper administration of the Contest as contemplated in these Rules.
All intellectual property used by the Contest Sponsor in connection with the promotion and/or administration of the Contest, including, without
limitation, all trade-marks, trade names, logos, designs, promotional materials, web pages, source code, drawings, illustrations, slogans and
representations are owned (or licensed, as the case may be) by the Contest Sponsor and/or its affiliates. All rights are reserved. Unauthorized
copying or use of any such intellectual property without the express written consent of its owner is strictly prohibited.
In the event of any discrepancy or inconsistency between the terms and conditions of these English Rules and disclosures or other statements
contained in any Contest-related materials, including, but not limited to: the Contest entry form, French version of these Rules, and/or point
of sale, television, print or online advertising; the terms and conditions of these English Rules shall prevail, govern and control.
®: Used by Amex Bank of Canada under license from American Express.