The SimpliSafe
Social Distancing Sweater Gift-with-Donation Giveaway
Terms & Conditions
The SimpliSafe Social Distancing Sweater Gift-with-Donation Giveaway (“Charitable Promotion”) begins on December 14, 2020 and ends when all 100 sweaters have been claimed or December 31, 2020, whichever comes later. This promotion is valid only for legal residents of the 50 United States and District of Columbia who are 18 years of age or older. These are the Terms and Conditions under which we are willing to provide you an opportunity to participate in this Charitable Promotion and requires the use of binding arbitration to resolve disputes rather than jury trials or class actions (described in detail below). Please be certain you understand them.
To claim your Free Gift (Non-Functional Replica SimpliSafe Social Distancing Sweater): Visit https://Sweater.Simplisafe.com and follow the directions to make a donation of at least $25 to NeighborWorks America. Limit one free gift per donation. Minimum acceptable donation while sweaters are available is $25. The sweater is a non-functional replica of the sweater displayed on the charitable promotion site. The fair market value of the sweater is $50. Available while supplies last. Donors may still make a donation once all free gifts are claimed but no free gift will be provided. Minimum donation amount after all free gifts are claimed will decrease to $1 per donation. Donation website will be online until the end of the promotion (when all 100 sweaters have been claimed or December 31, 2020, whichever comes later).
Please allow at least eight (8) weeks to receive your gift. Your donation, less a 2.9% service charge and $.30 per transaction processing fee, benefits NeighborWorks America, a 501(c)3 nonprofit organization. Your gift may qualify as a charitable deduction for federal income tax purposes. Please consult a tax advisor or the IRS to determine if your contribution is deductible, and if so, what amount may be claimed.
These terms form a binding contract between you and Sponsor regarding your participation in any aspect of this Charitable Promotion, including but not limited to your donation (whether or not it involves a free gift), use and access to the related web sites, mobile and/or online applications, access and use of any DIY Instructions, and/or any other activity related to the Charitable Program. You agree that you have read these Terms and Conditions and are legally bound by them, including the disclaimers, limitations of liability and indemnity obligations below. You may print these Terms and Conditions by clicking the print button on your Internet browser.
By participating in any aspect of the Charitable Promotion, each participant represents and warrants that he or she is 18 years of age or older at the time of participation and possesses the qualifications and experiences described on the website to review and at your own discretion attempt to make the DIY holiday sweater.
Void where prohibited by law or regulation, and subject to all applicable federal, state, and local laws and regulations.
Representation and Warranties by Sponsor and Administrator: Free gift as well as any information presented as it relates to this Charitable Promotion (including but not limited to any DIY sweater making instructions) is provided "as is", without warranty of any kind, is not for not for resale, and will not be replaced if lost or stolen.
SPONSOR MAKES NO, AND HEREBY DISCLAIM ALL, REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), OR STATUTORY, WITH RESPECT TO THE FREE GIFT AND ANY DIY INSTRUCTIONS RELATED TO THIS CHARITABLE PROMOTION, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, AND ALL WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
YOUR PARTICIPATION IN THIS PROMOTION AND USE OF ANY CONTENT IS AT YOUR OWN DISCRETION AND RISK. SPONSOR DOES NOT WARRANT THAT THE FREE GIFT OR ANY CONTENT RELATED TO THE CHARITABLE PROMOTION WILL BE ERROR-FREE, COMPLETE, SECURE OR THE CONTENT WILL NOT MEET YOUR REQUIREMENTS OR EXPECTATIONS; OR THAT ANY OTHER FAILURES OR DEFECTS WILL BE CORRECTED OR REMEDIED. WITHOUT LIMITATION OF THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR (AND OUR PARTIES ASSUME NO RESPONSIBILITY AND WILL HAVE NO LIABILITY OF ANY KIND FOR) (1) THE DECISIONS THAT YOU MAY MAKE REGARDING YOU PARTICIPATION IN THE CHARITABLE PROMOTION (INCLUDING BUT NOT LIMITED TO ANY ATTEMPT TO FOLLOW THE STEPS DESCRIBED IN ANY DIY INSTRUCTIONS), OR (2) ANY LOSS, DAMAGE OR OTHER EFFECTS ON YOU OR ANY THIRD PARTIES MAY THAT RESULT FROM YOUR PARTICIPATION IN ANY ASPECT OF THIS CHARITABLE PROMOTION.
Sponsor makes no warranties or representations that the Charitable Promotion, or any part(s) thereof, including any content such as any DIY instructions is/are accurate or complete or is/are appropriate or available for use in any particular jurisdiction. In choosing to participate in the Charitable Promotion in any way, you do so at your own risk, and you are responsible for complying with all local laws, rules and regulations, including local rules regarding online conduct and acceptable content. No information or advice (whether written, oral or otherwise) provided by Sponsor or Administrator or their representatives will create any warranty or in any way affect the disclaimers of warranty or limitations of liability expressly provided in these Terms.
1. A Special Note About Fabrication and Handling of Physical Materials. PLEASE NOTE YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE SUITABILITY OF ANY PRODUCTS, SERVICES, MATERIALS, PROCESSES, OR INSTRUCTIONS MADE AVAILABLE TO YOU OR SUGGESTED TO YOU FROM THIS CHARITABLE PROMOTION. WITHOUT LIMITATION: CONTENT, PRODUCTS, SERVICES OR MATERIALS USED IN RELATION TO ANY CONTENT PROVIDED AS PART OF THIS CHARITABLE PROMOTION MAY ONLY BE SUITABLE FOR DECORATIVE PURPOSES, AND ARE NOT SUITABLE FOR USE FOR PERSONS UNDER THE AGE OF 13 (E.G., NOT SUITABLE AS CHILDREN’S TOYS OR PRODUCTS).
2. Functionality Limitations. INFORMATION PROVIDED IN THIS CHARITABLE PROMOTION IS NOT A SUBSTITUTE FOR YOUR OWN JUDGMENT OR INDEPENDENT PROFESSIONAL TESTING, DESIGN, ESTIMATION OR ANALYSIS. OUR PARTIES WILL NOT BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY RESULTS OR OUTPUT OBTAINED OR OTHERWISE ACCESSED FROM THIS CHARITABLE PROMOTION OR ANY MATERIALS DEVELOPED IN CONNECTION WITH THIS CHARITABLE PROMOTION. YOU ARE RESPONSIBLE FOR YOUR ACCESS AND USE OF ANY CONTENT RELATED TO THIS CHARITABLE PROMOTION. YOU ARE ALSO RESPONSIBLE FOR ESTABLISHING THE ADEQUACY OF INDEPENDENT PROCEDURES FOR TESTING THE RELIABILITY, ACCURACY AND COMPLETENESS OF ANY MATERIALS USED AND/OR DEVELOPED BY YOU IN CONNECTION WITH THIS CHARITABLE PROMOTION.
Limitation of Liability: TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OR LIMITATION OF LIABILITY, (1) IN NO EVENT WILL SPONSOR OR ADMNISTRATOR BE LIABLE HEREUNDER FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR ANY OTHER DAMAGES OF LIKE KIND WHATSOEVER (HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER DERIVED FROM CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE), NOR WILL ANY OF THE FOREGOING PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM A FORCE MAJEURE OR AN ACT OF A THIRD PARTY OR OF NO FAULT ON ITS BEHALF; AND (2) THE TOTAL CUMULATIVE COLLECTIVE LIABILITY OF SPONSOR AND ADMINISTRATOR FOR ALL COSTS, LOSSES OR DAMAGES FROM ALL CLAIMS, ACTIONS OR SUITS HOWEVER CAUSED OR ARISING FROM OR IN RELATION YOUR PARTICIPATION IN ANY ASPECT OF THIS CHARITABLE PROMOTION WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS ($100) OR (B) THE AMOUNT OF ANY DONATION YOU MAKE AS PART OF THIS CHARITABLE PROMOTION.
BY AGREEING TO THESE TERMS, YOU ARE RELEASING SPONSOR AND ADMINISTRATOR, ON YOUR BEHALF AND ON BEHALF OF ALL OTHERS WHO MAKE CLAIMS UNDER THESE TERMS AND CONDITIONS FROM ALL LOSSES, AS DEFINED ABOVE, ARISING OUT OF OR IN CONNECTION WITH, DUE TO, OR CAUSED IN WHOLE OR IN PART BY YOUR PARTICATION IN ANY ASPECT OF THE CHARITABLE PROMOTION. UNDER NO CIRCUMSTANCES WILL SPONSOR OR ADMINISTRATOR BE RESPONSIBLE OR LIABLE TO YOU FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES INCLUDING WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, DEATH OR DAMAGES TO PROPERTY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Dispute Resolution and Arbitration: PLEASE READ THIS SECTION CAREFULLY. FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS. Certain portions of this section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You agree that this section satisfies the “writing” requirement of the Federal Arbitration Act. In the event of any dispute or disagreement between the parties, or claim or question by a party, arising from or relating to your participation in any aspect of the Charitable Promotion or any alleged breach of these Terms and Conditions by any Party (collectively, a “Dispute”), the parties hereto shall use their best efforts to settle the Dispute. To this effect, the parties shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If the parties do not reach such solution within a period of 60 days then, upon notice by either party to the other, such Dispute shall be finally settled by arbitration administered by the American Arbitration Association in accordance with the provisions of its Consumer Arbitration Rules. Once the Dispute is submitted to the AAA for arbitration and each party pays the appropriate filing fees, the parties agree to equally share all costs of AAA arbitration, including Arbitrator fees and expenses. The parties will remain individually responsible for their own attorney costs or other non-AAA required costs. If an in-person arbitration hearing is required, then it will be conducted at the American Arbitration Association’s office in Boston, Massachusetts.
The arbitration will be heard and determined by a single neutral arbitrator selected by the AAA who is a retired judge or a lawyer with not less than 15 years of experience as a practicing member of the bar in the substantive practice area related to the Dispute, who will administer the proceedings in accordance with the AAA’s Consumer Arbitration Rules. The arbitrator will apply applicable law and the provisions of these Terms of Sale and will determine any Dispute according to the applicable law and facts based upon the record and no other basis. The arbitrator’s decision must consist of a written statement stating the disposition of each claim of the Dispute, and must provide a statement of the essential findings and conclusions on which the decision and any award (if any) is based. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
You can obtain the AAA procedures, rules, and fee information as follows:
AAA: 800.778.7879
http://www.adr.org/
In arbitration, as with a court, the arbitrator must honor the terms of these Terms and Conditions and can award the prevailing party damages and other relief (including attorneys’ fees). However, WITH ARBITRATION (A) THERE IS NO JUDGE OR JURY, (B) THE ARBITRATION PROCEEDINGS AND ARBITRATION OUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES, AND (C) JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED. The parties agree that the arbitration shall be confidential. All parties to the arbitration will have the right, at their own expense, to be represented by an attorney or other advocate of their choosing.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR SPONSOR/ADMINISTATOR WANT TO ASSERT A DISPUTE AGAINST THE OTHER, THEN YOU OR SPONSOR/ADMINISTRATOR MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE) WITHIN 1 YEAR AFTER THE DISPUTE ARISES -- OR IT WILL BE FOREVER BARRED.
NOTWITHSTANDING THE FOREGOING, THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS ACTION BASIS OR ON ANY BASIS INVOLVING ANY DISPUTE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC, OTHER PERSONS OR ENTITIES DOING BUSINESS WITH SPONSOR, OR OTHER PERSONS OR ENTITIES SIMILARLY SITUATED.
YOU SHALL HAVE THE RIGHT TO OPT OUT OF THIS AGREEMENT TO ARBITRATE BY PROVIDING WRITTEN NOTICE OF YOUR INTENTION TO DO SO BY EMAILING LEGALNOTICES@SIMPLISAFE.COM WITHIN 60 DAYS OF THESE TERMS AND CONDITIONS BECOMING BINDING UPON YOU FOR THE FIRST TIME.
OPTING OUT OF THIS AGREEMENT TO ARBITRATE HAS NO EFFECT ON ANY PREVIOUS, OTHER, OR FUTURE ARBITRATION AGREEMENT(S) THAT YOU MAY HAVE WITH SPONSOR. IF THIS AGREEMENT TO ARBITRATE BECOMES BINDING, YOU CAN NOT CHANGE, MODIFY OR REVOKE IT (INCLUDING BY ATTEMPTING TO OPT OUT IN CONNECTION WITH ANY CONFIRMATION OF THE THESE TERMS OF SALE, AS AMENDED FROM TIME TO TIME) WITHOUT AN AGREEMENT IN WRITING SIGNED BY SPONSOR.
IN THE EVENT THAT YOU OPT OUT OF THIS AGREEMENT TO ARBITRATE IN ACCORDANCE WITH THIS SECTION: YOU AND SPONSOR EACH HEREBY IRREVOCABLY AGREE THAT ANY SUIT, ACTION OR OTHER LEGAL PROCEEDING ("SUIT") ARISING OUT OF OR IN CONNECTION A DISPUTE MUST BE RESOLVED EXCLUSIVELY BY A STATE OR FEDERAL COURT LOCATED IN BOSTON, MASSACHUSETTS; AND YOU AND SPONSOR EACH HEREBY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY SUCH SUIT.
Participants consent to the use of their registration information in accordance with the Sponsor's Privacy Policy. Administrator will use the donor’s information to provide NeighborWorks America with each donor’s information so a receipt of the donation can be provided to the donor and to allow Sponsor to fulfill the free gift shipments where applicable.
These Terms and Conditions are governed by Massachusetts law without reference to its conflicts of law rules. The interpretation of the Terms and Conditions shall not be construed against the drafter.
Notwithstanding any contradicting information presented in any other aspect of this Charitable Promotion, by participating in any aspect of the Charitable Promotion, each participant agrees: (a) to abide by these Terms and Conditions; and (b) to release, discharge and hold harmless the Sponsor, Administrator, their affiliates, subsidiaries, promotion partners, their advertising and production agencies, and all of their respective officers, directors, employees, agents, and representatives (collectively, “Released Parties”) from any and all injuries, liability, losses and damages of any kind to persons, including death, or property resulting, in whole or in part, directly or indirectly, from participation in any aspect of the Charitable Promotion or the acceptance or use of any gift or access and use of any DIY Instructions.
Released Parties are not responsible for (i) lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered, or garbled submissions or emails; (ii) lost, interrupted, or unavailable network, server, Internet Service Provider (ISP) or other connections, availability or accessibility or miscommunications; (iii) failed computer, satellite, telephone or cable transmissions, lines, or technical failure; (iv) jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; (v) other errors or difficulties of any kind, whether human, mechanical, electronic, computer, network, typographical, printing or otherwise, relating to or in connection with the Promotion, including, without limitation, errors or difficulties which may occur in connection with the administration of the Promotion or in any Promotion-related materials; (vi) any incorrect or inaccurate information, whether caused by users, tampering, hacking, or by any equipment or programming associated with or utilized in the Promotion; (vii) injury or damage to any person's computer related to or resulting from participating in this Promotion or (viii) the loss, theft or misdirection of mailed gifts.
Persons who tamper with or abuse any aspect of the Promotion or Sponsor’s website, or who are in violation of these Terms and Conditions, as solely determined by Sponsor, will be disqualified. Sponsor reserves the right at its sole discretion to suspend, modify, or terminate the Promotion at any time. Instagram, Twitter, and Facebook are not sponsors of this promotion, nor are they responsible for the award of any gift.
All claims, actions or proceedings against Sponsor and/or Administrator must be commenced in court within one (1) year after the cause of action has accrued, without judicial extension of time, or such claim, action or proceeding is barred. The time period in this paragraph must be complied with strictly.
Sponsor: SimpliSafe, Inc., 294 Washington Street, Boston, MA 02108
Administrator: Promosis, Inc., 18 Prospect Street, Marblehead, MA 01945
© 2020 Promosis, Inc.
