Open Space Promotional Camera Giveaway – Terms & Conditions
“Promoter”: Open Space Labs, Inc., 333 Kearny St, Floor 4, San Francisco, CA 94108, United States of America.
- By participating in the Open Space Promotional Camera Giveaway (the “Promotion”), you (the “Participant”) are accepting these terms and conditions (the “Terms”) and agreeing to the Promoter contacting you about the Promotion via email, telephone, instant messaging, and any other available means necessary to perform Promotion and sales business activities.
Employees, officers, and directors of the Promoter and Promoter’s subsidiaries, affiliates, partners, advertising and promotion agencies, manufacturers, or distributors of Promotion materials are not eligible to participate in the Promotion.
- Government entities are not eligible to participate in the Promotion.
- Earning a Reward is contingent upon the Participant fulfilling all requirements set forth herein and is subject to compliance with all applicable federal, state, and local laws and regulations.
- The Participant is responsible for determining that participation in the Promotion and receipt of the Reward is in compliance with all policies and requirements of their company. The Participant’s participation in the Promotion will be considered confirmation of their full compliance with any such policies and requirements.
- The Promotion runs from October 6 until_October 31_ (the “Promotion Period”).
- The Promoter reserves the right to end the Promotion Period early if it has given away all of the Rewards or if the Promoter, in its sole discretion, detects fraud, abuse, manipulation or other disruptions to the system.
- A “Reward” consists of a 360° camera.
- Rewards are strictly subject to availability.
- Rewards are non-transferable, non-negotiable and non-refundable, and have no cash alternative.
- Participants will only receive a Reward based on the following rules:
- If Participant is a new customer of Open Space, Participant must sign up for a new Open Space subscription for an amount equal to $10,000 or greater by October 31, 2022.
- If Participant is an existing customer of Open Space, Participant must add an Annual Construction Value (“ACV”) to Participant’s subscription of $10,000 or greater by October 31, 2022.
- All Rewards are subject to availability and the Promoter’s discretion. Each Participant is eligible to receive a maximum of one (1) Reward. Additional subscriptions or additions of ACV will not entitle Participant to additional Rewards.
- Delivery of Rewards
- Participant will receive their Reward after Promoter has performed necessary risk and abuse checks. Promoter reserves the right to cancel any Reward without notice if it determines Participant engaged in fraud or abuse of the Promotion.
- The Promoter reserves the right to substitute a Reward (or a portion thereof) with one of equal or greater value.
- Redemption of Rewards
- Rewards are non-transferable and have no cash value.
- Participants agree to accept any Reward “as is.” The Promoter has sole discretion to resolve any concerns, questions, or complaints related to a Reward. Rewards may be subject to additional terms and conditions imposed by any supplier, manufacturer or other provider.
- Rewards are subject to verification. Promoter may delay a Reward for the purposes of investigation. Promoter may also refuse to verify and process any transaction Promoter deems, at its sole discretion, to be fraudulent, suspicious, in violation of these Terms and Conditions, or believes will impose potential liability on Promoter, its subsidiaries, affiliates or any of their respective officers, directors, employees, representatives and agents.
- All of Promoter’s decisions are final and binding.
- Promoter is not responsible for any taxes, duties or other obligations relating to the issuing of a Reward. Any payment of tax or duty is the Participant’s sole responsibility.
- If and to the extent Promoter is required by an authorized tax authority to withhold any taxes on the Reward, Promoter will provide all required reporting and withhold any such amounts as required by law and the Reward issued to the Participant will be net of any such withheld amount.
- Promoter will make no payments other than withholding payments, if required, and will not be responsible for any payment of any other amount required in order to allow the delivery of the Reward to the Participant.
Right To Cancel or Suspend Promotion
If the Promotion is not able to run as planned due to infection by computer virus, bug, worm, trojan horse, denial of service attack, tampering, unauthorized intervention, fraud, technical failure, or any other cause that corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Promotion, or any other reason, Promoter may, at its sole discretion, choose to cancel, terminate, modify, or suspend the Promotion.
The Participant must be the Authorized Account Holder of the email account used to participate. “Authorized Account Holder” means the natural person who is assigned an email address by an internet access provider, online service provider, or other organization (e.g., business, educational, institution, etc.) responsible for assigning email addresses or the domain associated with the submitted email address. Participant represents and warrants that it has all rights, authorizations and consents necessary to provide the information (including all personal information) provided to Promoter in connection with this Agreement, and that Promoter’s use of such information will not infringe or violate the rights of any third party.
Limitation of Liability; Disclaimer of Warranties
- Promoter is not responsible if the Promotion cannot take place or if a Reward cannot be distributed due to delays or interruptions as a result of acts of god, acts of war, natural disasters, weather, acts of terrorism, or any other event beyond Promoter’s control.
- By participating in the Promotion, the Participant agrees that Promoter will have no liability for any loss, injury, or damage, including but not limited to personal injury, death, or damage to personal or real property, to the Participant or any other person or entity due in whole or in part, directly or indirectly, to the acceptance, possession, use, or misuse of a Reward or participation in the Promotion.
- Promoter will not be responsible or liable for any direct, indirect, incidental, consequential, or punitive damages, or other damages or losses of any kind, arising out of the Participant’s participation in the Promotion or receipt or use of a Reward.
- By participating the Promotion, the Participant agrees to release, hold harmless, and indemnify Promoter and their respective parents, divisions, subsidiaries, affiliates, and advertising, promotion, public relations, and other agencies, and the respective officers, directors, employees, representatives, and agents from any and all liability for property damage, personal injury, and death, and any other loss, harm, damage, injury, cost, or expense whatsoever, which may occur in connection with, preparation for, travel to, or participation in the Promotion or any Promotion-related activity, or possession, acceptance, use, or misuse of a Reward, and for any claims based on publicity rights, defamation or invasion of privacy, and merchandise delivery.
- Without limitation, this Promotion and all Rewards are provided “as is,” without the implied warranties of merchantability, fitness for a particular purpose, and non-infringement, or other warranty of any kind, either express or implied.
- Some jurisdictions may not allow the limitation or exclusion of liability for incidental or consequential damages, or exclusion of implied warranties, so some of the above limitations or exclusions may not apply to certain Participants. Participants should check their local laws for any restrictions or limitations regarding these limitations or exclusions.
- As far as permitted by applicable law, Promoter will not in any circumstances be responsible or liable to compensate a Participant or accept any liability for any loss, damage, personal injury, or death occurring as a result of accepting a Reward, except where such limitation is prohibited by law.
- Personal information collected from Participants in connection with this Promotion is subject to Promoter’s “Privacy Notice” available at https://www.openspace.ai/privacy-policy/.
- The Participant agrees that any personal information may be processed, shared, and otherwise used for the purposes and within the context of the Promotion and any other purposes outlined in these Terms and Conditions.
- Promoter may also use personal information to verify the Participant’s identity and contact information, and to otherwise verify the Participant’s eligibility to participate in the Promotion.
- The Participant agrees that Promoter may send the Participant blogs, articles, specials, informational emails regarding Promoter’s business activities, and various other promotional materials.
- The Participant may access, review, rectify, or cancel any personal information held by Promoter, and may elect to have the Participant’s name excluded from all lists used by Promoter, by writing to Open Space Labs, Inc., 333 Kearny St. Floor 4 San Francisco, CA 94108 USA.
Dispute; Governing Law
- These Terms and Conditions and all matters arising out of or relating to the Promotion will be governed by the laws of the State of California, without regard for its conflicts of law provisions.
- To the extent permitted by law, the right to litigate, seek injunctive relief, or make any other recourse to judicial or any other procedure in case of disputes or claims arising out of or relating to the Promotion are hereby excluded and the Participant expressly waives any such rights.
- Any action arising out of or relating to the Promotion must be brought in the state courts located in San Francisco County, California, or the federal district court located in San Francisco, California, and by participating in the Promotion, the Participant submits to the exclusive jurisdiction of such courts.
- This is the entire agreement between the parties about this Promotion.
- The Reward, if any, is made to the Participant as an “independent contractor,” and the Participant is not an employee or agent of Promoter.
- The Participant does not have the right or authority to bind Promoter in any way.
- The Participant must be 18 or older to participate.
- Participant represents, warrants and certifies to Promoter that Participant will comply with all applicable laws and governmental regulations in participating in the Promotion.
THE PROMOTION IS VOID WHERE PROHIBITED OR OTHERWISE RESTRICTED BY LAW OR WHERE BONDING, REGISTRATION, OR OTHER REQUIREMENTS WOULD BE REQUIRED BUT HAVE NOT BEEN MET, OR WHERE THE METHODS OF PARTICIPATION SET FORTH ABOVE WOULD BE DEEMED CONSIDERATION. ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS APPLY.
For any questions, complaints, or claims with respect to the Promotion, contact Open Space Labs, Inc., 333 Kearny St. Floor 4 San Francisco, CA 94108 USA.
Updated October 2022