Promotion Terms & Conditions - Nice Swag
Section 1 — Eligibility
The Free Nice Swag ("Promotion") is open only to those who are eCommerce store owners or operators. By participating in the Promotion as described in these terms and conditions (the "Promotion Terms"), each participant represents and warrants that he or she is a store owner or operator and otherwise fully agree and comply with these Promotion Terms.
Section 2 — How to Claim Free Nice Swag
To claim some Nice Swag (each, a "SWAG"), you must be a eCommerce store owner or operator.
Once you have entered your first and last name, company name, and email address, a member of NICE COMMERCE will reach out via email for shipping information and fulfill your order to the name and address provided. NICE COMMERCE reserves the right to terminate the distribution of the SWAG if it believes eligibility is not met.
Section 3 — Restrictions and Availability
SWAG is provided on a first-come, first-served basis while supplies last. The SWAG is not for resale and will not be replaced if lost or stolen. The SWAG is limited to one (1) SWAG per store owner or operator.
Section 4 — Other Rules
This Promotion is subject to all applicable laws and is void where prohibited. SWAG recipients (each a "Recipient") assume all liability for any injuries or damage caused or claimed to be caused by participation in this Promotion or by the use or misuse of the SWAG.
If, in NICE COMMERCE's opinion, there is any suspected or actual evidence of fraud, electronic or non-electronic tampering or unauthorized intervention with any portion of this Promotion, or if fraud or technical difficulties of any sort (e.g., computer viruses, bugs) compromise the integrity of the Promotion, NICE COMMERCE reserves the right to terminate the Promotion and distribute the SWAG in its sole discretion. Any attempt to deliberately damage the NICE COMMERCE website or undermine the legitimate operation of the Promotion may be in violation of U.S. criminal and civil laws and will result in disqualification from the Promotion. Should such an attempt be made, NICE COMMERCE reserves the right to seek remedies and damages (including attorney's fees) to the fullest extent of the law, including pursuing criminal prosecution.
Section 5 — Disclaimer
SWAG is provided on an "as is" basis, without further warranty of any kind. NICE COMMERCE hereby disclaims all warranties, express, implied, or statutory including but not limited to, the implied warranties of merchantability of fitness for a particular purpose with respect to the swag.
Section 6 — Limitation of Liability
BY PARTICIPATING IN THE PROMOTION, PARTICIPANTS, ON BEHALF OF THEMSELVES AND THEIR HEIRS, EXECUTORS, ASSIGNS AND REPRESENTATIVES, RELEASE AND HOLD NICE COMMERCE, THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AFFILIATED COMPANIES, UNITS AND DIVISIONS, AND THE CURRENT AND FORMER OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUCCESSORS AND ASSIGNS OF EACH OF THE FOREGOING, AND ALL THOSE ACTING UNDER THE AUTHORITY OF THE FOREGOING, OR ANY OF THEM (INCLUDING, BUT NOT LIMITED TO, ADVERTISING AND PROMOTIONAL AGENCIES AND SWAG SUPPLIERS) (EACH A "RELEASED PARTY"), HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, INJURY, LOSS, DAMAGES, LIABILTIES AND OBLIGATIONS OF ANY KIND WHATSOEVER (COLLECTIVELY, THE "CLAIMS") WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, WHICH PARTICIPANT EVER HAD, NOW HAVE, OR HEREAFTER CAN, SHALL OR MAY HAVE, AGAINST THE RELEASED PARTIES (OR ANY OF THEM), INCLUDING, BUT NOT LIMITED TO, CLAIMS ARISING FROM OR RELATED TO THE PROMOTION OR PARTICIPANT'S PARTICIPATION IN THE PROMOTION (INCLUDING, WITHOUT LIMITATION, CLAIMS RELATING TO THE RECEIPT, OWNERSHIP, USE, MISUSE, TRANSFER, SALE OR OTHER DISPOSITION OF THE SWAG. All matters relating to the interpretation and application of these Terms and Conditions shall be decided by NICE COMMERCE in its sole discretion.
Section 7 — Disputes
As a condition of participating in the Promotion, participants agree that any and all disputes that cannot be resolved between participant and NICE COMMERCE, and causes of action arising out of or connected with the Promotion or these Terms and Conditions, shall be resolved individually, without resort to any form of class action, exclusively before a court of competent jurisdiction located in the State of South Carolina and participant irrevocably consents to the jurisdiction of the federal and state courts located in the State of South Carolina with respect to any such dispute, cause of action, or other matter. All disputes will be governed and controlled by the laws of the State of South Carolina (without regard for its conflicts-of-laws principles). Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby irrevocably waives all rights to claim, punitive, incidental, or consequential damages, or any other damages, including attorneys' fees, other than participant's actual out-of-pocket expenses (i.e., costs incurred directly in connection with participant's participation in the Promotion), and participant further irrevocably waives all rights to have damages multiplied or increased, if any. EACH PARTY EXPRESSLY WAIVES ANY RIGHT TO A TRIAL BY JURY. All federal, state, and local laws and regulations apply.
Section 8 — Additional Terms
Information collected from participants in connection with the Promotion is subject to NICE COMMERCE's general terms and conditions policy, which may be found at www.nicecommerce.com/pages/terms-conditions.
By participating, you agree that you have read and agree to these terms and conditions.
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