GENERAL TERMS AND CONDITIONS FOR NTWRK DRAWING:
NO PURCHASE NECESSARY. VOID WHERE PROHIBITED.
This promotion is in no way sponsored, endorsed or administered by, or associated with Apple.
NTWRK may, from time to time, offer Users the opportunity to purchase products using a random entry system (“Drawing”).
NO PURCHASE IS NECESSARY TO ENTER OR PARTICIPATE IN A DRAWING. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF BEING ELIGIBLE TO PURCHASE A PRODUCT THROUGH A DRAWING. VOID WHERE PROHIBITED.
The Drawing is only open to Users who are eighteen (18) years or older at the time of entry and residents of the United States of America. Your participation in any Drawing constitutes your full and unconditional agreement to these Terms and the decision of any Drawing sponsor (“Sponsor”), which is final and binding in all matters related to the Drawing. Eligibility is contingent upon fulfilling all requirements set forth herein.
Please note, Apple Inc. is not a sponsor, or involved in any manner, in any drawings that Commerce Media Holdings, LLC dba NTWRK (“NTWRK”) are operating.
NTWRK employees, family members of NTWRK employees, and cohabitants of NTWRK employees (collectively, “NTWRK Employees”) are not eligible to participate in any Drawing. In the event a NTWRK Employee wins a Drawing, any prize shall be forfeited, and in NTWRK’s sole discretion, NTWRK will randomly select an alternate winner.
Users are given one (1) entry each. Users may be entitled to additional entries, up to twenty (20) total, as follows: User may share User’s personalized code with an unlimited number of friends - for each one (1) of User’s friends who sign up for the NTWRK Services, enter User’s personalized referral code, and enter a Drawing, User shall receive one (1) additional entry. Users will additionally be provided five (5) additional entries as a free gift with purchase for every purchase made through the app of $50 or more. Unless otherwise specified by NTWRK, Users may use up to twenty (20) entries for each Drawing. Users are entitled to save any remaining entries and apply them toward future Drawings.
NTWRK or the Sponsor will select the winners of the Drawing randomly from all entries received for each available prize. The odds of receiving eligibility to purchase a designated product depend on the number of eligible entries received and the availability of products by size. When a User enters a Drawing, NTWRK will place a hold on the User’s credit card for the full retail price of the applicable product or other amount as specified by NTWRK or Sponsor. The winners will be notified by email and/or text message within twenty-four (24) hours of the Drawing closing, and winners’ credit cards will automatically be charged for the price of the product or other amount as specified by NTWRK or Sponsor plus shipping & handling and the applicable sales tax. In the event that any winner’s credit card is declined and/or the charge does not go through for any reason, then NTWRK may, in its sole discretion, select an alternate winner. In the event any winner violates these Terms or any other agreement with NTWRK, then NTWRK may, in its sole discretion, select an alternate winner. All credit card holds for non-winning entrants shall be released within a reasonable amount of time following the conclusion of the applicable Drawing, subject to the applicable bank or credit card’s policies.
Any details not specified above will be determined by NTWRK or Sponsor in its sole discretion or pursuant to the drawing in question. Eligibility to purchase products is not transferable and must be accepted as awarded by NTWRK or Sponsor in its sole discretion. No cash equivalent or other substitution may be made, except by NTWRK or Sponsor in its sole discretion, who reserves the right to substitute eligibility with another promotion if the product is not available for any reason as determined by NTWRK or Sponsor in its sole discretion. The winner is responsible for any and all other costs and expenses not listed above, including all tax consequences of any items or value received.
NTWRK and Sponsor reserve the right to block and/or refuse sale to any participant in the Drawing that NTWRK or Sponsor, in its sole discretion, deems has attempted to cheat or abuse the process, including through the use of programs or scripts that allow users to automate their entries, or engaged in behavior that NTWRK or Sponsor deems inappropriate and/or in violation of these Terms. NTWRK and Sponsor reserve the right to block any User from the NTWRK Services, the NTWRK mobile and web applications, and any official NTWRK and Sponsor social media accounts or websites, which would prevent the user from participation in the Drawing. Factors that would cause NTWRK or Sponsor to block Users include, but are not limited to, threats, harassment, annoyance or any other behavior that NTWRK or Sponsor deems inappropriate in its sole discretion. Any attempt by any person to undermine the legitimate operation of the Drawing may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Failure by the Sponsor to enforce any term of these Terms and Conditions shall not constitute a waiver of that provision.
Users with winning entries must comply with all post-confirmation steps as notified to User by NTWRK or Sponsor in order to purchase the applicable product.
While Sponsor attempts to fulfill all confirmed winning entries, Sponsor does not guarantee or warrant that every winning entry for a product order will be fulfilled. The Drawing is subject to federal, state, and local laws and regulations and is void where prohibited by law. In the event that the operation, security, or administration of the Drawing is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, the Sponsor may, in its sole discretion, either: (a) cancel or terminate the Drawing; (b) suspend the Drawing to address the impairment and then resume the Drawing in a manner that best conforms to the spirit of these Terms; or (c) award the eligibility to purchase product at random from among the eligible entries received up to the time of the impairment. In the event Sponsor is prevented from continuing with the Drawing or the integrity and/or feasibility of the Drawing is severely undermined by any event beyond the control of Sponsor, including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state or local government law, order, or regulation, order of any court or jurisdiction, infection by computer virus, unauthorized intervention, technical failures or other cause not reasonably within the control of Sponsor (each a "Force Majeure" event or occurrence), Sponsor shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel or terminate the Drawing without any further obligation to any Users.
By participating in the Drawing, Users agree to release and hold harmless NTWRK, the Sponsor, its and their parent and related companies, and their respective officers, directors, employees, and agents (the "Released Parties") from and against any claim or cause of action arising out of participation in the Drawing or purchase of product, including, but not limited to:(a) unauthorized human intervention in the Drawing; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) errors in the administration of the Drawing or the processing of entries; or (e) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from User’s participation in the Drawing or purchase of product. Entrant further agrees that in any cause of action, the Released Parties' liability will be limited to the cost of the applicable product, and in no event shall the Released Parties be liable for attorney's fees. User waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. User agrees that the Released Parties have made no warranty, representation or guarantee, expressed or implied, in fact or in law, relating to any eligibility to purchase any product.