FedEx Express Canada Cash Back Promotion Terms & Conditions
The FedEx Express Canada Cash Back promotion ("Promotion") is conducted by Federal Express Canada Corporation ("Sponsor").
The Promotion is provided subject to compliance with the terms and conditions set forth below ("Terms and Conditions"). Please read the Terms and Conditions carefully before participating in the Promotion. By participating in the Promotion, you agree to be bound by the Terms and Conditions, as if you had actually signed them. Your acceptance of these Terms and Conditions also constitutes agreement to the Terms and Conditions on behalf of the entity with which you are employed or represent, if the participating account number is a business or organizational account . If you do not agree to the Terms and Conditions, you may not participate in the Promotion.
Sponsor may modify the Terms and Conditions as described below. You agree to review the Terms and Conditions often to familiarize yourself with such modifications. The most current version of the Terms and Conditions is available at here and will supersede all previous versions. By completing the registration process and upon approval into the Promotion by Sponsor, you, or the entity with which you are employed or represent, if the participating account number is a business or organizational account, become an authorized participant in the Promotion (a “Participant").
A. Eligibility. The Promotion is open only to FedEx customers who have received an authorized invitation (via email) from Sponsor to enter the Promotion and otherwise meet the requirements stated herein. Employees of Sponsor or a FedEx Authorized ShipCentre®; and their respective parent companies, affiliates, subsidiaries and agents, as well as their immediate families (parents, siblings, children and spouse) and household members of each such employee are not eligible. Void where prohibited by law. Eligibility shall be determined by Sponsor in its sole discretion.
B. Promotion Term. The Promotion will commence on October 18, 2019 and end on November 30, 2019 (the "Term"). The Promotion may be terminated by Sponsor at any time for any reason, even though Promotion termination may affect a Participant's ability to earn a cash reward that will be distributed to Participants upon reaching a Shipping Tier (as defined below) ("Cash Back"). In such event, Sponsor shall post notice of Promotion termination on Website, or through other means as determined by Sponsor in Sponsor's sole discretion.
C. Enrollment. Promotion enrollment is at Website between October 18, 2019 and November 30, 2019. Participants targeted via email will be taken directly to the registration page once they click on the registration link in the invite email. Participant must provide a valid, unique email address, phone number, company name, first and last name, and complete mailing address in order to participate. Where the participating FedEx account is held by a business or other legal entity, the business or entity is the Participant. The eligible FedEx account number as set out in the invitation email is the one that will be used for tracking a Participant’s shipments during the Term of the Promotion. Limit one registration per FedEx shipping account number. Multiple persons are not permitted to share the same entry. Any attempt to obtain more than the stated number of entries may result in disqualification from the Promotion. In the event of a dispute as to any entry, the person listed as the primary account contact for the FedEx shipping account used to create an entry will be deemed to be the primary account contact for the Participant for the purposes of the Promotion. The Participant is responsible for ensuring that it has all necessary authorization to participate in the Promotion.
D. Shipping Tiers. Participants will be assigned specific shipping expenditure ranges ("Shipping Tiers") to be determined and communicated to each Participant by FedEx, as well as Cash Back that will be awarded to Participant as an incentive where the amount of qualifying shipment charges for FedEx Express international shipments tendered on Participant’s account during the Term fall within a Shipping Tier. Additional Shipping Tiers may be assigned to Participants during the Promotion in the sole discretion of Sponsor. Participants who achieve a Shipping Tier will be notified via email after the conclusion of the promotion Term. All determinations as to whether a Participant has achieved a Shipping Tier will be determined by Sponsor in its sole discretion. A Participant may only achieve one Shipping Tier and the associated Cash Back incentive during the Term.
E. Qualifying Shipment Charges. In order for charges in respect of a FedEx shipment to count towards the achievement of a Shipping Tier, the FedEx shipment must: i) originate in Canada, ii) be shipped using the FedEx shipping account invited to participate in the promotion, iii) be tendered to FedEx and have a ship date during the Term; and iv) be shipped via one of the following FedEx Express international services: FedEx International Next Flight, FedEx International First, FedEx International Priority, FedEx International Economy; FedEx International Priority Freight, FedEx International Economy Freight. Shipping charges will be applied to the achievement of Shipping Tiers after all applicable discounts, waivers, special pricing or other promotions have been applied. Qualifying shipping charges do not include taxes, duties, ancillary service fees or other similar charges, including without limitation, any charges typically included on a duty and tax invoice. All determinations as to whether a shipment counts toward the achievement of a Shipping Tier and the amount of eligible charges will be determined by Sponsor in its sole discretion.
F. Redemption. Participant will be eligible to receive Cash Back for their achieved Shipping Tier after the conclusion of the promotion term. Sponsor will notify Participant via email if Participant has achieved a Shipping Tier. Sponsor, or its designee, to payout the Cash Back prize via cheque to Participant and may send via FedEx delivery or other means, pursuant to these Terms and Conditions. Cash Back cheques will be made out to the holder of the participating account, as determined by FedEx in its sole discretion. A valid Canadian shipping address (P.O. boxes not permitted) and telephone number is required for Cash Back cheque shipping. Cash Back cheques to be sent to the address provided by Participant during the promotion enrollment process. Please allow 4 – 6 weeks for delivery. Cash Back cheques must be deposited within 6 months of being issued or they will expire and the Cash Back prize will be forfeited without further notice.
G. Participation. Participation in the Promotion may be cancelled, revoked, or suspended by Sponsor at any time for any reason, in Sponsor's sole discretion. Participants are not eligible to combine their participation in this Promotion with FedEx Perks or any other special prizing offer from Sponsor, its ultimate parent company or any subsidiaries or affiliates thereof.
I. General Terms and Conditions.
1. Sponsor's decisions regarding the administration and operation of the Promotion are final and binding.
2. Participants are responsible for maintaining updated contact information on their profile page available from the Website. Sponsor's primary means of direct communication with Participants will be via email up until the registration period is closed. Once the registration period is closed, FedEx will only communicate to Participants via email. The failure of Participant to receive an email communication related to the Promotion, including, but not limited to, redemption instructions, shall not be the fault of the Sponsor and may result in Cash Back not being awarded to such Participant.
3. By participating in the Promotion, Participant acknowledges that technical processing and transmission of the Website may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Sponsor is not responsible for incorrect or inaccurate transcription of information, for problems related to any of the equipment or programming associated with the Promotion or utilized by Participant, for any human error, for any interruption, deletion, omission, defect, or line failure of any telephone network or electronic transmission, for problems relating to computer equipment, software, inability to access the Website or online service, or for any other technical or non-technical error or malfunction. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL SPONSOR, ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, PROMOTION AGENCIES, AGENTS, SUCCESSORS, ASSIGNS, AND SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROMOTION OR MERCHANDISE OFFERED THROUGH THE PROMOTION, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BY PARTICIPATING IN THE PROMOTION, PARTICIPANT WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED. Sponsor, its officers, directors, employees, shareholders, promotion agencies, agents, successors, assigns, and service providers, are not responsible for any products or services offered on any participating vendor websites. TO THE FULLEST EXTENT ALLOWABLE BY LAW, SPONSOR AND ITS PROMOTION AGENCIES SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS AND/OR SERVICES OFFERED ON ANY PARTNER WEBSITE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. Some provinces do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. Promotion Participants agree to rely solely on the manufacturer's warranties, if any, for any products redeemed through this Promotion.
4. Participant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with the Promotion, shall be resolved individually, without resort to any form of class action, and exclusively by the Courts of the Province of Ontario (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Promotion but in no event legal fees; and (iii) under no circumstances will Participant be permitted to obtain awards for and Participant hereby waives all rights to claim 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 and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the Participant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the Province of Ontario without giving effect to any choice of law or conflict of law rules (whether of the Province of Ontario or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Province of Ontario.
5. Release: By participating in the Promotion, Participant agrees to release and hold harmless Sponsor and its parent, subsidiaries, affiliates and related companies, and each of its and their respective officers, directors, employees, and agents (collectively the "Released Parties") from and against any losses, damages, rights, claim or cause of action of any kind arising, in whole or in part, directly or indirectly, out of participation in the Promotion or resulting directly or indirectly, from acceptance, possession, use, or misuse of any item given in connection with the Promotion, including without limitation personal injury, death, and/or property damage, as well as claims based on publicity rights, defamation, and/or invasion of privacy.
6. Sponsor reserves the right to modify any of the Terms and Conditions set forth herein, including, but not limited to terms Qualifying Shipments or Cash Back at any time, with or without notice, even though these changes may affect a Participant's ability to participate in the Promotion. Participant is responsible for ensuring the accuracy of Participant's entry information, including the maintenance of accurate email contact information. Sponsor reserves the right to change, add, or remove methods by which Participants can achieve a Shipping Tier at any time.
7. The terms of Sponsor's Privacy Policy and Privacy Code, available at fedex.ca are incorporated herein by reference.
8. Sponsor reserves the right to remove from the Promotion any Participant who engages in any fraudulent activity or uses the Promotion in a manner inconsistent with these Terms and Conditions or any federal, provincial, or local laws, statutes or regulations. In addition to discontinuance of participation privileges, Sponsor shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary in its sole discretion.
9. By participating in the Promotion, the individual represents and warrants to Sponsor that he or she has all required approvals and permissions from his or her employer as required to participate in the Promotion and accept any Cash Back prizing on behalf of the Participant.
10. Sponsor is not responsible for any incorrect or inaccurate information supplied by Participant while participating in the Promotion.
11. All questions or disputes regarding eligibility for the Promotion, payment of Cash Back, or Participant's compliance with these Terms and Conditions will be resolved by Sponsor in its sole discretion.
12. These Terms and Conditions constitute the entire agreement between Sponsor and Participant pertaining to the subject matter hereof and supersedes all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of these Terms and Conditions shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall waiver constitute a continuing waiver unless otherwise expressly provided.
13. If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect.