Official Rules

Eligibility: The Cruise to Success (the “Contest”) is open to registered users of Max Retail who reside in the United States of America who maintain an active account status for the entire month of June and have inventory actively listed on the Max Retail platform to sell. Employees, officers and directors of Sponsor and their immediate family members (spouse, parents, siblings, and children) and members of the same household (whether or not related) are not eligible.

Sponsor: The Contest is sponsored by SwapRetail, Inc. DBA Max Retail (the “Sponsor”), 701 Northpoint Parkway, Suite 200, West Palm Beach, Florida 33407.

Agreement to Official Rules: Participation in the Contest constitutes User’s full and unconditional acceptance of these Official Rules and the decisions of Sponsor, which are final and legally binding in all respect. The Contest is subject to Sponsor’s terms and conditions governing its service and all applicable federal, state, and local laws. Void outside the United States and where prohibited by law.

Contest Period: The Contest will be conducted during the 30 day period from June 1 to June 30, 2024 (the “Contest Period”).

Determination Of Winner: The winner of the Contest (the “Winner”) will be the User who has the strongest performance metrics over the Contest Period. Performance will be measured by frequency of listing inventory, time to approve sales, time to ship sales, and order approval rate during the Contest Period. In the event of a tie, the winner will be determined by which User had the highest sales during the Contest Period.

Prize: The Winner will receive a prize consisting of a four (4) to eight (8) day Virgin Voyages cruise to the Caribbean for two people out of Miami, Florida, with a round-trip coach flight from the major airport of Sponsor’s choosing near the Winner’s residence in the United States to Miami, Florida, one night in a hotel of Sponsor’s choosing on the day before departure on the cruise, and a dinner at a restaurant of the Sponsor’s choosing. The Winner can choose to redeem the prize between July 2024 and December 2024. The month the Winner chooses to redeem the prize and the availability of the Sea Terrace rooms onboard will determine which Cruise (and how many days) is offered. For example, if Winner can only travel in August, the Caribbean cruise options departing in August with a Sea Terrace room available will be offered. If the Winner is flexible with dates, the Sponsor will present Caribbean Cruise options for them to choose from of which the Sea Terrace is available. There is no eligibility to select from or upgrade to a different room type. Once the Winner selects the specific Cruise and dates, they must notify the Sponsor by email. Once confirmed, no changes can be made. Sponsor may present the Winner alternative options based on availability., Major Holidays windows are excluded; Thanksgiving, Christmas and New Years Eve. Trip must be used no later than December 23, 2024. Approximate retail value of US$4,000. Actual value will depend on cruise dates selected, dates of travel, and departure city.Winner is responsible for all transportation that is not set forth above, including without limitation, to and from the departing and arrival airports. All expenses and costs of items not expressly stated in the prize description above including, but not limited to, ground transportation, meals, beverages, incidentals, taxes, passenger tariffs or duties, surcharges, airline or airport fees, service charges, facility charges, gratuities, optional excursions and purchases made during trip, are solely the Winner’s responsibility. Travel must occur on dates specified by Sponsor. Cruise, travel and accommodations are subject to availability. Released Parties (defined below) are not responsible if travel is delayed, postponed or cancelled for any reason, in which event that portion of Prize is forfeited in its entirety and no refund, substitution, or other compensation will be provided except in Sponsor’s sole discretion.Winner’s travel companion must be at least eighteen (18) years of age or older as of the date of departure and must travel on same itinerary and at the same time as the Winner. Winner and Winner’s companion are solely responsible for having all required documents necessary for travel including without limitation a driver’s license or state ID that meets REAL ID standards, government issued passport, US Military ID, or other documents acceptable to the air carrier or cruise line.

Taxes: Winner is fully responsible for all applicable taxes. Sponsor will issue each Winner an IRS Form 1099-MISC. As a condition to receiving the Prize, winner must fully complete and return an IRS Form W-9.

Publicity Release: The Winner hereby grants the right to publicize Winner’s name, address (city and state of residence), photograph, voice, video image, statements and/or other likeness and prize information in any media now known or hereafter devised, throughout the world, in perpetuity, without limitation and without additional compensation or consideration, notification or permission, unless prohibited by law.

Privacy: Personally identifiable information of Users may be used to administer the Contest, award the Prize, and publish the Winner’s name on the Winner’s List. For additional details regarding collection, use, and disclosure of information from Users, please consult the privacy policy available on the Sponsor’s web site.

General Conditions: Sponsor reserves the right to cancel, suspend, and/or modify the Contest, in whole or in part, as determined by Sponsor in its sole discretion. Sponsor shall have the sole right to disqualify any User for violation of these Official Rules, and to resolve all disputes in Sponsor’s sole discretion. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

Release, Indemnity and Limitations of Liability: USERS AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS SPONSOR, ITS AFFILIATES, AND EACH OF THEIR DIRECTORS, EMPLOYEES, OFFICERS, AND AGENTS, INCLUDING WITHOUT LIMITATION, THEIR RESPECTIVE ADVERTISING AND PROMOTION AGENCIES (COLLECTIVELY, “RELEASED PARTIES”) FROM AND AGAINST ANY INJURIES, DEATH, LOSSES, DAMAGES, CLAIMS, ACTIONS AND OTHER LIABILITY OF ANY KIND RESULTING OR ARISING FROM THE CONTEST OR USE OF THE PRIZE. RELEASED PARTIES ARE ALSO NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE INFORMATION CAUSED BY WEBSITE USERS, TAMPERING, HACKING, INTERNET DELAYS OR FAILURES, OR BY ANY EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE CONTEST. USER FURTHER AGREES THAT THE RELEASED PARTIES’ LIABILITY WILL BE LIMITED TO THE VALUE OF THE PRIZE IF THE USER WAS SELECTED AS A WINNER, AND IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE FOR (AND USER HEREBY WAIVES ANY RIGHT TO) ATTORNEYS’ FEES, OR INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES. Disclaimer of Warranty: Released Parties (i) make no warranty, guaranty or representation of any kind concerning the Prize or any part of the Prize, and (ii) disclaim all implied warranties. Governing Law: The Contest and its administration shall be governed by Florida law, without giving effect to any choice of law or conflict of law rules (whether of Florida or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than Florida.