Summary of Key Rules
Complete Official Rules
NO PURCHASE IS NECESSARY TO ENTER OR WIN THIS GIVEAWAY. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
The Niche.com “Apple Watch Giveaway” (“Giveaway”) starts on September 22, 2020 and ends on September 24, 2020 for online entry (“Online Entry Period”). The sponsor of this Giveaway is Niche.com, Inc. located at 2840 Liberty Avenue Ste. 202, Pittsburgh, PA 15222 (the “Sponsor”). The Giveaway shall be subject to these Official Rules, and by entering, all participants agree to be bound by the terms and conditions herein.
ELIGIBILITY: THE GIVEAWAY IS OPEN ONLY TO LEGAL RESIDENTS OF THE UNITED STATES, EIGHTEEN (18) YEARS OF AGE OR OLDER AS OF THE DATE OF THEIR ENTRY. Employees and their families of the Sponsor affiliates, subsidiaries, parent companies, agencies and participating retailers (collectively, the “Promotion Parties”) and those living in the household of same are not eligible to enter or win. By entering this Giveaway, entrants agree to abide by all terms of these Official Rules.
The laws of the Commonwealth of Pennsylvania, United States apply to and govern this Giveaway and any claims must be raised and resolved in the Federal or state courts located in Allegheny County, Pennsylvania, United States. Void in Puerto Rico, all U.S. territories and possessions, overseas military installations and where prohibited or restricted by law.
HOW TO ENTER THE GIVEAWAY: There are two (2) ways for an eligible entrant to enter the Giveaway during the Entry Period: (1) visiting Niche’s 2020 Virtual NACAC Booth and submitting an online entry; or (2) by submitting a mail-in entry. Eligible entrants must enter in accordance with these Official Rules. No other method of entry will be accepted. Limit one (1) entry per person/e-mail address. If more than one (1) entry is received by the same participant, then the first entry, as determined by the Sponsor, will be considered the only valid and eligible entry. Additional entries beyond the specified limit or submitted after the Entry Period will be void. You may not enter more times than indicated by using multiple e-mail addresses, identities, or addresses in an attempt to circumvent the Official Rules. Automated entries are prohibited, and any use of automated devices will cause disqualification. Entries must not contain any derogatory references to any Promotion Parties. If the participant uses fraudulent methods or otherwise attempts to circumvent the Official Rules, then his or her submission may be removed from eligibility at the sole discretion of the Sponsor. The Sponsor reserves the right, in its sole discretion, to disqualify any entry at any time, which in their opinion, does not comply with these Official Rules. The Sponsor is not responsible for lost, late, incomplete, void, corrupted, misdirected, misaddressed, or otherwise erroneous entries or for any problems, malfunctions, or technical difficulties that arise during the entry process. Any incomplete or incorrect entries will be deemed void and disqualified from consideration in the Giveaway. Proof of submission will not be deemed to be proof of receipt by the Sponsor. Once submitted, all entries shall be the property of the Sponsor and will not be returned or acknowledged. Any entries that do not comply with the Content Restrictions or otherwise with these Official Rules, are void. All entries submitted in compliance with the Official Rules and not disqualified are considered “Eligible Entries” for the purposes of the Giveaway.
HOW TO ENTER BY SUBMITTING AN ONLINE ENTRY: Please go to https://www.niche.com/about/nacac-2020-apple-watch-giveaway/ to fill out the survey.
HOW TO ENTER BY MAIL: On a postcard, handprint your first and last name, address, city, state, country, zip code or postal code, phone number, date of birth, and e-mail address. Mail the completed postcard entry to: Niche.com Giveaway “Mail-in Entry”, 2840 Liberty Avenue, Suite 202, Pittsburgh, PA 15222.
The Promotion Parties and any and all Internet server(s) and access provider(s), and each of their respective affiliates, subsidiaries, parent corporations, retailers and advertising and promotional agencies, and all of their officers, directors, shareholders, employees and agents, (collectively, “Releasees”) are not responsible for: any incorrect or inaccurate entry information; human errors; technical malfunctions; failures, omissions, interruptions, deletions or defects of any telephone network, computer online systems, computer equipment, servers, providers, or software, including without limitation any injury or damage to participant’s or any other person’s computer relating to or resulting from participation in the Giveaway; inability to access an entry site or any pages thereof; theft, tampering, destruction, or unauthorized access to, or alteration of, entries; data that is processed late or incorrectly or is incomplete or lost due to telephone, computer or electronic malfunction or traffic congestion on telephone lines or the Internet or any web site (including the entry sites) or for any other reason whatsoever; typographical, printing or other errors; late, lost, stolen, mutilated, misdirected or postage-due mail, or any combination thereof. Proof of entering information at an entry site or mailing entry is not considered proof of delivery or receipt. Illegible, incomplete, entries in excess of the stated number above and mechanically reproduced entries will be disqualified. All entries become the property of the Sponsor and will not be acknowledged or returned. False, fraudulent or deceptive entries or acts shall render entrants ineligible. By entering the Giveaway, entrants affirm that they have read and accepted these Official Rules.
ODDS: Odds of winning the Prize (defined below) will depend on the number of Eligible Entries received during the Entry Period.
WINNER SELECTION: Prospective winners will be selected in a random drawing to be held on or about September 25th, 2020. Prospective winners will be notified by e-mail, within ten (10) days of drawing date and may be required to execute and return a Eligibility Affidavit/Release of Liability and (except where prohibited) a Publicity Release and (for U.S. winner) a completed IRS W-9 form within ten (10) days of issuance of notification or an alternate will be selected in a subsequent random drawing. Any prize notification or prize returned to the Sponsor as undeliverable for any reason will be awarded to an alternate. No substitution by a winner for his or her prize shall be allowed. All Federal, state, provincial, local or other tax liabilities are the sole responsibility of the winners. Acceptance of a prize constitutes permission (except where prohibited by law) to use the winner’s name, likeness and statements for publicity purposes without additional compensation or limitation.
PRIZE: One (1) Apple Watch will be awarded at the end of the Online Entry Period. The odds of winning are determined by the total number of eligible entries received. Only one (1) prize will be awarded to any one person and/or e-mail address.
PRIZE CONDITIONS: All Prize details shall be determined in the sole and absolute discretion of the Sponsor. Each Winner is fully responsible for any and all applicable federal, state, and local taxes (including income and withholding taxes). All costs and expenses associated with the Prize acceptance and use not specified herein as being provided and other expenses incurred by accepting the Prize are the sole responsibility of each individual Winner. The Prize is non-transferable and non-assignable. Sponsor reserves the right to substitute the Prize (or any portion thereof) with a prize of comparable or greater value at its sole and absolute discretion. The Sponsor will not replace a lost, stolen, or misplaced Prize (or any portion thereof). Released Parties (defined below) shall not be liable to the Winner or any other person for failure to supply the Prize or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond the Sponsor’s sole control.
LIMITATIONS ON LIABILITY: Releasees shall not be liable to winner or any other person for failure to supply the prize or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond Sponsor’s sole control.
By entering this Giveaway, entrants agree that Releasees shall not be liable for personal injuries, death, damages, expenses or costs or losses of any kind resulting from participation or inability to participate in this Giveaway or acceptance of or use or inability to use the prize or parts thereof including, without limitation, claims, suits, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light (whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory. Winner releases the Releasees from any and all liability and responsibility with respect to a prize (including any property loss, damage, personal injury or death). Winner acknowledges the aforementioned individuals and entities have neither made nor are in any manner responsible for any warranty, representation or guarantee, expressed or implied, in fact or in law, related to the prize.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS GIVEAWAY OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS GIVEAWAY MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR WILL DISQUALIFY ANY ENTRANT RESPONSIBLE FOR THE ATTEMPT, AND THE SPONSOR AND/OR ITS RESPECTIVE AGENTS RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY PERSON OR PERSONS RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. INDEMNIFICATION AND LIMITATION OF LIABILITY BY ENTERING THE GIVEAWAY , EACH ENTRANT AGREES TO INDEMNIFY, RELEASE AND HOLD HARMLESS THE RELEASED PARTIES FROM ANY LIABILITY, DAMAGES, LOSSES OR INJURY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THAT ENTRANT’S PARTICIPATION IN THE GIVEAWAY AND THE ACCEPTANCE, USE OR MISUSE OF ANY PRIZE THAT MAY BE WON. THE RELEASED PARTIES DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE CONDITION, FITNESS, OR MERCHANTABILITY OF THE PRIZE. THE RELEASED PARTIES DISCLAIM ANY LIABILITY FOR DAMAGE TO ANY COMPUTER SYSTEM RESULTING FROM ACCESS TO OR THE DOWNLOAD OF INFORMATION OR MATERIALS CONNECTED WITH THE GIVEAWAY.
The laws of the Commonwealth of Pennsylvania apply to and govern this Giveaway and any claims must be raised and resolved in the federal or state courts located in Allegheny County, Pennsylvania, United States.
NOTE: Internet entry must be made by the entrant only at the entry sites. Entries made by any other individual or any entity, and/or originating at any other web site or e-mail address, including, but not limited to, commercial Giveaway subscription notification and/or entering service sites, will be declared invalid and disqualified for this Giveaway. The use of any device or software to automate the entry process is prohibited.
WINNERS LIST: For an Official Winner’s List or a copy of these Official Rules, send a self-addressed, stamped envelope to Niche.com Giveaway “Winners List”, 2840 Liberty Avenue, Suite 202, Pittsburgh, PA 15222. Vermont residents may omit return postage for Official Rules requests.