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LAST REVISED: 5/22/18
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT YOU MUST NEITHER ACCESS NOR USE OUR SITES.
a. General. Our Sites enable you to organically discover products, services and brands (“Merchandise”) that are relevant to your interests. You may also learn about our specials and promotions, sign up for our newsletter and marketing emails, and communicate with us through any Site. You may use any Site as a guest; however, certain features of our Sites require you to create an Account (“defined below”). When you authorize a transaction as a guest or through your Account you warrant that all information used in connection with the Site is accurate and true.
b. Registration. To register you must create a user account by providing a valid email address and creating a unique password (“Account”). You may also log-in and create an account with your Facebook account. You are solely responsible for: (i) maintaining the confidentiality of your user name and password; (ii) ensuring all information used in connection with the Site is accurate and current; and (iii) any activity you conduct through your Account, whether by you or someone else. You must immediately notify us of any unauthorized use of your Account. We reserve the right, in our sole discretion, to terminate or suspend your Account.
You must provide us with your full legal name, an active telephone, a valid credit card and current address to make a transaction through Site. All payments are processed by PayPal (https://paypal.com) and Stripe (https://stripe.com/) and are subject to additional provisions. We will send you a confirmation email confirming that your request has been processed and that payment was received. In the event we ship item(s) to you we will send a confirmation email to you regarding the same.
All returns are subject to our return policy located at: https://support.stackcommerce.com.
From time to time we may make sweepstakes, contests, or other promotions available through our Sites (“Promotion”) that require you to register and accept additional provisions to participate. Please review the applicable rules, terms, and disclaimers that govern each Promotion and understand that participation is your unconditional agreement and acceptance thereto.
Site. We hereby grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable, license to access and use our Site as expressly permitted herein. Except for this limited license we do not grant you any other rights or license. We reserve all rights not expressly granted herein.
Your Content. You hereby grant to us and our owners, affiliates, representatives, licensees, licensors and assigns a non-exclusive, fully-paid, royalty-free, world-wide, universal, transferable license to use, distribute, store, transmit reproduce any information you submit in connection with the use of our Site (“Your Content”) to: (i) make the Site available to you; (ii) manage your Account; (iii) address questions and issues; and (iv) process purchases. You hereby represent and warrant that you own all rights to Your Content or, alternatively, that you have the right to give us the license described above. You represent and warrant that Your Content does not infringe on the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third-party.
You are prohibited from violating or attempting to violate the security or integrity of our Sites or otherwise violating or infringing our rights or the rights of others who use our Sites and agree not to do the following:
use any “deep-link,” “robot,” or other automatic or manual device, software, program, code, algorithm or methodology, to access, copy, or monitor any portion of a Site, or in any way reproduce or circumvent the navigational structure or presentation of a Site, or obtain or attempt to obtain any materials or information through any means not purposely made available by us through a Site;
gain or attempt to gain unauthorized access to any portion or feature of our Site, or any other system or network connected to our Sites or to any of our third-party business partners’ servers, systems or networks, by hacking, “password-mining” or using any other illegitimate method of accessing data;
probe, scan, or test the vulnerability of any Site or any network connected to our Sites;
take any action that would cause an unreasonably or disproportionately large load on the infrastructure of any Site or our systems or networks, or any systems or networks connected to our Sites or to us in an attempt to overwhelm our systems to create a “Denial of Service” or similar attack;
use any device, technology or method to interfere or attempt to interfere with the proper functioning of our Sites;
not to make any false or misleading statements in connection with your use of our Sites;
use our Sites in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
restrict or inhibit any other user from using and enjoying our Sites; and/or
violate any applicable laws or regulations.
WE RESERVE THE RIGHT TO IMMEDIATELY TERMINATE YOUR USE OF OUR SITE AND/OR YOUR ACCOUNT (IN OUR SOLE DISCRETION) IF WE DETERMINE THAT YOUR USE OF THE SITE IS IMPROPER OR IN VIOLATION OF ANY PROVISION OF THE AGREEMENT.
The design of our Sites and created text, scripts, graphics, interactive features and the trademarks, service marks and logos contained therein ("Our Content"), are owned by or licensed to us and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. You agree not to engage in the use, copying, or distributing any of Our Content contained on our Sites.
We care about our community and strive to incorporate Web Content Accessibility Guidelines 2.0 (WCAG) and other measures to assist with making our Site user friendly and accessible to visitors with disabilities. WCAG principals provide for website content to be perceivable, operable, understandable, and robust. Not all WCAG principals are operational and you understand that the application and use of WCAG recommendations will vary based upon the dynamic nature of the content on our Site.
Please contact us by e-mail at firstname.lastname@example.org for assistance Site accessibility and with placing an order.
OUR SITES ARE PROVIDED TO YOU AS IS. WE EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) ANY SITE WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF ANY SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF ANY SITE WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN OUR SITES WILL BE CORRECTED.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE, THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED PROVISION.
YOUR USE OF OUR SITES IS ENTIRELY AT YOUR SOLE RISK. NEITHER WE NOR OUR OWNERS, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, AND/OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH YOU MAY INCUR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE ANY SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.
You agree to defend and indemnify us and our affiliates, employees, officers, directors, shareholders and agents from and against any third party claim, including reasonable attorneys’ fees, court costs, settlements, and disbursements, from or relation to (i) Your Content; (ii) your use of any Site; (iii) your violation of any term of this Agreement; (iii) your violation of any third party rights; (iv) your violation of applicable law; and/or (v) use of any services provided by third party service providers. You may not settle or compromise any claim without our prior written consent.
You may terminate your participation at any time by discontinuing use of our Site. If you have a dispute with us relating to the Site, immediately cease all use of our Site. Ceasing use of the Site is your only remedy with respect to any dispute that you may have with us. The following Sections shall survive termination of the Agreement or your use of our Site: 5(b); 6; 8; 9; 10; 11; and 16.
PLEASE NOTE THAT THIS AGREEMENT IS SUBJECT TO CHANGE AT ANY TIME. When changes are made, we will make a new copy of the Agreement available on the Site. We will also update the "Last Revised" date at the top of the Agreement. If we make any material changes, and you have an Account, we may also send an e-mail to you at the last e-mail address you provided to us pursuant to this Agreement. Any changes to the Agreement will be effective immediately and your continued use of the Site constitutes your acceptance of such change(s). YOU AGREE TO REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT TERMS OF THIS AGREEMENT.
By providing your email address to us or creating an Account you consent to receiving emails from us and from our third-party providers and affiliates. These parties may send you emails in order to deliver information about products and services and to help with fulfilling your order. You may unsubscribe from these emails at any time by clicking on the “unsubscribe” link included in any email or by contacting us via email at email@example.com with the word “UNSUBSCRIBE” in the subject line.
General. Certain portions of this Section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. The parties agree that this intend Section satisfies the “writing” requirement of the Federal Arbitration Act. If any controversy, allegation, or claim arising out of, related to, or connected in any way to your use of our Sites, (collectively, “Dispute”), then you agree the Dispute shall be submitted to confidential arbitration in Los Angeles, California, and you agree that all disputes will be governed by the laws of the State of California without regard choice of law principles. You hereby consent to and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of California. Arbitration under these Terms and Conditions shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court or tribunal with jurisdiction over the parties. As permitted by applicable law, you agree that any claim or cause of action you may have arising out of, related to or connected in any way with your use of Site must be filed by you within one (1) year after such claim or cause of action arose or be forever banned. Any and all claims, judgments, and awards will be limited to actual third-party, out-of-pocket costs incurred (if any), but in no event will attorneys’ fees be awarded or recoverable.
YOU ARE THUS GIVING UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. YOU ARE ENTITLED TO A FAIR HEARING, BUT THE ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. ARBITRATOR DECISIONS ARE AS ENFORCEABLE AS ANY COURT ORDER AND ARE SUBJECT TO VERY LIMITED REVIEW BY A COURT.
ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, NO ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this Agreement are deemed to conflict with each other’s operation, we shall have the sole right to elect which provision remains in force. Headings in this Agreement are for reference purposes only and will not be used in its construction and/or interpretation.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or applicable law will not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
Infringement Notification: If you believe that your work has been copied and posted on our Site in a way that constitutes copyright infringement, please provide our designated agent with the following information:
your contact information (i.e. name, email address, telephone number, and address);
a description of the copyrighted work of concern;
a link to the location(s) on the Site of the copyrighted work of concern;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a signed statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright owner (or authorized to act on behalf of the copyright owner).
The foregoing information (“DMCA Notice”) should be sent to our “Designated Agent” as follows: firstname.lastname@example.org.
Counter-Notice: If your work has been removed due to a DMCA Notice pursuant to the foregoing procedure, and you believe that your content is not infringing, then you may send a counter-notice (“DMCA Counter-Notice”) to our Designated Agent (contact information above) containing the following information:
Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content;
Your contact information (i.e. name, email address, telephone number, and address), a statement that you consent to the jurisdiction of the federal court in Los Angeles, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement; and
Your physical or electronic signature.
If a DMCA Counter-Notice is received by our Designated Agent, then we may send a copy of the DMCA Counter-Notice to the original complaining party informing that person that we may replace the removed content or cease disabling it after a reasonable time period. Unless the alleged copyright owner files an action seeking a court order against the content provider, member, or user, the removed content may be replaced, or access to it restored, in a reasonable time period after receipt of the DMCA Counter-Notice, at our sole discretion.
If you have any questions or concerns, please contact us at:
21 Market Street
Venice, CA 90291
Telephone: (415) 335-6768
Mon. - Fri., 9am to 6pm PST
LAST REVISED: 5/22/18
“Personal Data” means data that allows someone to identify or contact you, including, for example, your name, address, telephone number, e-mail address, Internet Protocol (“IP”) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), as well as any other non-public information about you that is associated with or linked to any of the foregoing data.
“Non-Personal Data” means data that is not associated with or linked to your Personal Data; Non-Personal Data does not, by itself, permit the identification of individual persons. We collect Personal Data and Non-Personal Data, as described below.
What data is collected. We collect Personal Data that you voluntarily provide us, for example, when you create an Account, register for our newsletter and/or make a purchase we may require your name, email, contact information, billing address, credit card inform and/or other information you may provide us. We also collect information about you from various sources, including from your in-store purchases. We also may collect information about you that we receive from other sources (like public records), to enable us to update and correct the information contained in our database and to provide product recommendations and special offers that we think will interest you.
Use of Personal Data.
We will use your Personal Data to:
Make the Site available to you;
Process and fulfill merchandise orders;
Enhance the Site;
Respond to your requests or to manage Accounts;
Monitor the security of the Site; and/or
Provide you with promotional communications.
Third-Party Service Provides. We will share your Personal Data with third parties, such as vendors and service providers who provide assistance with billing, payment processing, fraud protection, credit risk reduction, marketing, data analytics support and service associated with the Site and delivery of purchased merchandise.
Compliance with laws and for other legitimate business purposes.
We will share your Personal Data when we believe disclosure is necessary or required by law, regulation, to protect users, the integrity of the Site and to defend or exercise our legal rights. We may also disclose your Personal Data when it may be necessary for other legitimate and lawful purposes as reasonably determined by us.
Information Collected by Our Servers. To make our Site more useful to you, our servers (which may be hosted by a third-party service provider) collect information from you, including your browser type, operating system, domain name, and/or a date/time stamp for your visit.
Pixel Tags. In addition, we use “Pixel Tags” (also referred to as clear Gifs, Web beacons, or Web bugs). Pixel Tags are tiny graphic images with a unique identifier, similar in function to cookies, that are used to track online movements of Web users. In contrast to Cookies, which are stored on a user’s computer hard drive, Pixel Tags are embedded invisibly in Web pages. Pixel Tags also allow us to send e-mail messages in a format users can read, and they tell us whether e-mails have been opened to ensure that we are sending only messages that are of interest to our users. We may use this information to reduce or eliminate messages sent to users. We do not tie the information gathered by Pixel Tags to Personal Data.
Flash LSOs. When we post videos, third parties may use local shared objects, known as “Flash Cookies,” to store your preferences for volume control or to personalize certain video features. Flash Cookies are different from browser Cookies because of the amount and type of data and how the data is stored. Cookie management tools provided by your browser will not remove Flash Cookies. To learn how to manage privacy and storage settings for Flash Cookies, click here: http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager07.html.
Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to request from a business, with whom the California resident has an established business relationship, certain information with respect to the types of personal information the business shares with third parties for direct marketing purposes by such third party and the identities of the third parties with whom the business has shared such information during the immediately preceding calendar year.
To request a copy of the information disclosure provided by us pursuant to Section 1798.83 of the California Civil Code, please contact us at the below address:
Attn: Legal Department
Re: CA Privacy Rights
21 Market Street
Venice, CA 90291
Do Not Track is a privacy preference that users can set in their web browsers. When a user turns on the Do Not Track signal, the browser sends a message to websites requesting them not to track the user. At this time, we do not recognize or respond to Do Not Track browser settings or signals and we will still receive information. As a result, we may still collect information about you and your internet activity, even if you have turned on the Do Not Track signal.
It is possible that some or all of our third-party advertising partners or members of their affiliate network may participate in a consumer opt-out programs. To learn more about internet-based advertising and consumer opt-out programs go to http://aboutads.info/choices/ or http://www.networkadvertising.org/choices/. We do not operate or control these sites, and are not responsible for the opt-out choices available there.
Users from the U.K. have the right to ask us to amend or limit the processing of their Personal Data, (as defined by U.K. law) and in particular not to process their Personal Data for marketing purposes. We will inform you (before collecting your personal data) if we intend to use your Personal Data for such purposes or if we intend to disclose your Personal Data to any third party for such purposes. You can exercise your rights to prevent such processing by checking certain boxes on the forms we use to collect your Personal Data. You can also exercise the right at any time by contacting us at: email@example.com.
The U.K. Data Protection Act 1998 ("the DPA 1998") gives users from the U.K. the right to access information held about you. Your right of access can be exercised in accordance with the DPA 1998. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
If you live in the EEA, or a similar international area, you may have additional privacy rights available to you under applicable laws. We will process your requests in accordance with applicable data protection laws. If you would like to exercise any of the below rights, please contact firstname.lastname@example.org so that we may consider your request in accordance with applicable law:
Right not to provide or withdraw consent: You have the right not to provide or withdraw your consent at any time.
Right of access: You may have the right to access the Personal Data that you provided us.
Right of erasure: You may have the right to the erasure of Personal Data that we hold about you.
Right to object to processing: You may have the right to request that we stop processing your Personal Data and/or to stop sending you marketing communications.
Right to rectification: You may have the right to require us to correct any of your Personal Data.
a. General. You may modify the information you have provided to us at any time through your Account. You can also opt-out of receiving marketing communications, deactivate, or delete your Account at any time.
b. Data Protection Officer. We have appointed a Data Protection Officer to ensure continued commitment to privacy and security practices. For further information please contact us at: email@example.com.
We maintain (and requires its subcontractors and service providers to maintain) appropriate organizational and technical measures designed to protect the security and confidentiality of any information we process. However, no organizational or technical measures are 100% secure so you should take care when disclosing information online and act reasonably to protect yourself online.
You will have an opportunity to unsubscribe to any emails or mailings by clicking on an "unsubscribe" hyperlink contained in promotional emails we send you. Even if you are removed from any such list, if you use the services provided through the Site, you will continue to receive email correspondence from us related to the services. Any opt-out by you is not deemed valid until processed by us. It is your obligation to verify that you have been opted-out. We will not be liable for problems with the opt-out procedures. Please note that any request to be removed from such mailing lists may take up to one (1) week to become effective. Even if you are removed from any such list, if you order online, we will send you an email confirming your order and may need to contact you by phone, email, or regular mail if we have questions about your order.
If you register for an Account on the Site, you may review and update your account information by logging in to your account with your username and password at www.stacksocial.com or by contacting customer service at firstname.lastname@example.org.
Customer Service Department
Attn: Legal Department
Re: CA Privacy Rights
21 Market Street
Venice, CA 90291
Telephone: (415) 335-6768
Mon. - Fri., 9am to 6pm PST
Nintendo is not affiliated with this contest. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. You are providing your information to StackCommerce, Inc. and not to Facebook.
We take pride in curating the latest and greatest creative technology products around the globe. We personally research and hand-pick each product to ensure it meets our standards.
OFFICIAL RULES FOR The Nintendo Switch Giveaway
NO PURCHASE NECESSARY TO ENTER OR TO WIN.
VOID WHERE PROHIBITED.
1. Eligibility. Subject to the additional restrictions below, the StackCommerce The Nintendo Switch Giveaway Sweepstakes (“Sweepstakes”) is open to all legal residents of the United States who are eighteen (18) years of age or older as of the date of entry. For purposes of these Official Rules, all times are Pacific Standard Time (PST). Employees or agents of StackCommerce, Inc. (“StackCommerce”) and co-sponsors of the Sweepstakes (if any) and their respective affiliates, subsidiaries, advertising/promotional agencies, and the members of their immediate families (i.e. parents, children, siblings or spouse) or those persons living in the same household of such individuals are ineligible to enter or win. The Sweepstakes is subject to all applicable federal, state and local laws and regulations. Void where prohibited by law. Participation constitutes entrant’s full and unconditional agreement to these Official Rules, any terms that apply to your use of Facebook’s policies and procedures (to the extent you seek Additional Entry per below) and any other terms that apply to your use of Facebook and Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling the eligibility requirements set forth above and below.
2. Sponsor(s): StackCommerce, Inc., 21 Market Street, Los Angeles, California 90291 and any co-sponsors shown on the dedicated Sweepstakes page at StackCommerce.com (collectively referred to hereafter as “Sponsor”).
3. Sweepstakes Term. The Sweepstakes will end at 11:59 PM PDT on 06/30/17 (the “Sweepstakes Term”). Sponsor’s computer is the official time keeping device for the Sweepstakes.
4. How To Enter. You may enter the Sweepstakes by visiting by following all onscreen instructions to complete and submit the online entry form (“Primary Entry”) on the dedicated Sweepstakes page. You can earn an Additional Entry in the Sweepstakes when you send the Sweepstakes page to a friend, age 21 or older, by following the Additional Entry instructions on the screen (“Additional Entry”) and the friend enters the Sweepstakes inputting your referral information. No other methods of delivery will be accepted, including submission by email. ALL ENTRIES MUST BE SUBMITTED DURING THE SWEEPSTAKES TERM. All entries become the exclusive property of StackCommerce and will not be acknowledged or returned. Winner will be selected at random. By entering, you agree to the terms of these Official Rules and to receive newsletters via electronic mail from the Sponsor or those directed by Sponsor (see Section 12 below for more details). StackCommerce is not responsible for incomplete, lost, damaged, forged, stolen, postage due, late, undeliverable, misdirected, illegible entries or for failure to receive entries due to transmission failures or technical failures of any kind, including, without limitation, malfunctioning of any network, hardware or software originating with StackCommerce. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that entrant’s entries and that entrant may be disqualified. In the event of a dispute, all online entries will be deemed to have been submitted by the owner of the ISP account from which they were sent. For these purposes, an ISP account holder shall mean the natural person assigned to such ISP account by the Internet access provider, online service provider or other organization responsible for assigning ISP addresses for the domain associated with such ISP account. Any questions regarding the number of entries submitted or the owner of an ISP account shall be determined by StackCommerce in its sole and exclusive discretion, and StackCommerce reserves the right to disqualify any entries by persons determined to be tampering with or abusing any aspect of the Sweepstakes.
5. Prizes & Approximate Retail Value. A total of $299 prizes will be awarded to winners selected at random. One Grand Prize is available, to be given away. The Grand Prize consists of: A Nintendo Switch with an approximate retail value (“ARV”) of $299.99. StackCommerce’s decisions as to the administration and operation of the Sweepstakes and the selection of the potential winner are final and binding in all matters related to the Sweepstakes. The potential winner will be notified immediately via email or through Facebook. The award of prizes exceeding a retail value of $600 is subject to applicable withholding requirements and the winner will receive an IRS Form 1099 reflecting the actual final retail value of the prize. Where permitted by law, the potential winner will be required to sign and return to Sponsor(s), within seven (7) business days of the date the notice is sent, an affidavit of eligibility and liability/publicity in order to claim their prize. If a potential winner cannot be contacted or fails to sign and return the affidavit of eligibility and liability/publicity release within the required time period, the potential winner forfeits the prize, unless prohibited by law. Receipt of a prize by a potential winner is contingent upon fulfilling all requirements described herein. The winners must continue to comply with all terms and conditions of these Official Rules after prize notification. In the event that a potential winner is disqualified for any reason, StackCommerce will award the applicable prize to an alternate winner by random drawing held by Sponsor from among all remaining eligible entries received during the Sweepstakes Term. Prizes may not be transferred or assigned except with Sponsor’s written consent.
6. Odds. The odds of winning a prize is equal to the number of Sweepstakes prizes divided by the total number of entries to the Sweepstakes.
7. Release and Indemnification. By entering the Sweepstakes, entrants release any and all rights to bring any claim, action or proceeding against Sponsor (including StackCommerce, Inc.) and Facebook and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers and their respective parent companies and such companies’ officers, directors, employees and agents (collectively, the “Released Parties”), and further covenant not to sue any Released Parties and hereby acknowledge that none of the Released Parties have made or is in any manner responsible or liable for any third party claims, warranty, representation or guarantee, express or implied, in fact or in law, relative to the Sweepstakes or the prizes. By participating in the Sweepstakes and/or accepting any prize that may be awarded, entrants agree to fully indemnify each Released Party from any and all such claims by third parties without limitation. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE ANY AND ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
You expressly waive and release any right or benefit which you have or may have under Section 1542 of the Civil Code of the State of California, to the full extent that you may waive all such rights and benefits pertaining to the matters released here. In connection with such waiver and relinquishment, you acknowledge that you are aware that you may hereafter discover claims presently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to be true, with respect to the matters released herein; nevertheless, it is your intention through this release to fully and finally and forever settle and release all such matters and claims relative thereto, which do not exist, may exist or heretofore have existed between you and the Released Parties. The release herein given shall be and remain in effect as a full and complete release of such claims and matters notwithstanding the discovery or existence of any such additional or different claims or facts relative thereto.
Entrants agree that StackCommerce, Facebook, and any other Released Parties shall not be responsible or liable for any losses, damages or injuries of any kind resulting from the Sweepstakes or any Sweepstakes-related activity (including any travel or events related to prizes awarded). StackCommerce, Facebook, and any other Released Parties assume no responsibility for any damage to an entrant’s computer system which is occasioned by accessing or participating in the Sweepstakes, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. In the event StackCommerce is prevented from continuing with the Sweepstakes (or awarding any prize) as contemplated herein by any event beyond its control, including but not limited to fire, flood, earthquake, explosion, labor dispute or strike, act of God or public enemy, or any federal, state or local government law, order, or regulation, or other cause not reasonably within StackCommerce’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, StackCommerce shall have the right to modify, suspend, or terminate the Sweepstakes.
8. Publicity. Except where prohibited by law, participation in the Sweepstakes constitutes winner’s consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes, in any and all media worldwide, for any purpose and without further payment or consideration, including without limitation, commercial, advertising and promotional purposes as well as in, on or in connection with Sweepstakes or other promotions, and hereby releases StackCommerce from any liability with respect thereto, unless prohibited by law.
9. Participation. By entering this Sweepstakes, entrants agree to be bound by these Official Rules and the decisions of StackCommerce. If the potential winner declines the prize, fails to claim the prize, is unavailable for prize fulfillment, fails to abide by the Official Rules, or is ineligible, StackCommerce may randomly select an alternate winner from all remaining eligible entries. StackCommerce reserves the right to disqualify persons found tampering with or otherwise abusing any aspect of this Sweepstakes as solely determined by StackCommerce. StackCommerce is not responsible for any non-intentional, incorrect or inaccurate information associated with this Sweepstakes or for any technical or human error that may occur in the administration of this Sweepstakes. In the event the Sweepstakes is compromised by a virus, non-authorized human intervention, tampering or other causes which corrupts or impairs the administration, security, fairness or proper operation of the Sweepstakes, StackCommerce reserves the right in its sole discretion to suspend, modify or terminate the Sweepstakes. Should the Sweepstakes be terminated prior to the stated expiration date, StackCommerce reserves the right to award prizes based on the entries received before the termination date. The winner releases Sponsor and their affiliated companies from any claims, costs, expenses or liability incurred by winner in connection with this Sweepstakes or winner’s acceptance and use of the prize, including any travel related thereto. StackCommerce’s failure to enforce any of these Official Rules shall not constitute a waiver of that provision.
10. Limitations of Liability. The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) unauthorized human intervention in any part of the entry process or the Sweepstakes; (3) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (4) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use or misuse of any prize. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes, provided that if it is not possible to award another entry due to discontinuance of the Sweepstakes, or any part of it, for any reason, StackCommerce, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed, StackCommerce reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS WEB SITE OR INTERFERE WITH THE OPERATION OF THE SWEEPSTAKES, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND STACKSOCIAL RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
11. Disputes. Any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved in accordance with the dispute resolution procedures set forth in our Terms of Service (section 19) https://stacksocial.com/terms
. Please review carefully as those procedures require binding arbitration (in most instances) and waive any class action rights. You acknowledge and agree that those procedures provide your sole and exclusive avenue for resolving disputes related to the Sweepstakes.
13. Construction. 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 such provision is determined to be invalid or otherwise unenforceable, these rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein.
14. Winner List. For a copy of the name of the winner(s), available after 11:59 PM PDT on 06/30/17 + 1 month, 2016, or a copy of these Official Rules, send a self-addressed, stamped envelope to, StackCommerce, Inc., Attn: “Winner List/Official Rules” for The Nintendo Switch Giveaway 21 Market Street, Los Angeles, California 90291.
15. Facebook Disclosures. The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook.