By submitting a giveaway to NEPA Giveaways (powered by NEPA Marketplace), you (“Business Owner” or “you”) agree to the following terms and conditions:
1. Giveaway Responsibility: You are solely responsible for providing the advertised prize(s) and fulfilling all obligations associated with the giveaway, including shipping or local pickup arrangements. NEPA Marketplace is not responsible for prize fulfillment.
2. Eligibility and Rules: You are responsible for establishing clear and concise giveaway rules, including eligibility requirements (e.g., age, location restrictions). These rules must be provided to NEPA Marketplace and will be made available to participants. You are responsible for ensuring your giveaway complies with all applicable laws and regulations.
3. Giveaway Duration: Giveaways must run for a minimum of two (2) weeks. The start and end dates must be clearly specified upon submission.
4. Prize Value and Description: The estimated retail value of the prize(s) must be accurately stated. The prize description must be clear and comprehensive.
5. User Data: You will have access to the email addresses of giveaway participants. By entering the giveaway, participants agree that their email addresses may be used by you to contact them regarding the giveaway and for future marketing and promotional purposes. Participants may opt out of receiving marketing messages at any time by following the unsubscribe instructions included in each message. You agree to comply with all applicable data privacy laws and regulations.
6. Indemnification: You agree to indemnify, defend, and hold harmless NEPA Marketplace, its subsidiaries, affiliates, officers, directors, employees, and agents from any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising1 out of or relating to your2 giveaway, including but not limited to: (a) disputes regarding prize fulfillment; (b) claims of unfair or misleading practices; (c) your use of participant data; and (d) any breach of these Terms and Conditions.
7. Limitation of Liability: NEPA Marketplace shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to3 your giveaway or these Terms and Conditions, even if NEPA Marketplace has been advised of the possibility of such damages. NEPA Marketplace’s total liability to you for any claim arising out of or relating to these Terms and Conditions shall not exceed the amount4 of the setup fee paid by you.
8. Giveaway Promotion: NEPA Marketplace will promote the giveaway on its platform and may use other marketing channels at its discretion. However, NEPA Marketplace makes no guarantees regarding the reach or success of the promotion.
9. Setup Fee: A non-refundable setup fee of $25 is required for each giveaway. This fee is due upon submission of the giveaway details.
10. Termination: NEPA Marketplace reserves the right to terminate any giveaway at its sole discretion if it determines that the giveaway violates these Terms and Conditions, is misleading or deceptive, or is otherwise detrimental to NEPA Marketplace’s reputation.
11. Intellectual Property: You represent and warrant that you have all necessary rights and permissions to use any images, logos, or other materials you provide for the giveaway.
12. Governing Law: These Terms and Conditions shall be governed by and construed in accordance with the laws of the State5 of [Your State].
13. Entire Agreement: These Terms and Conditions constitute the entire agreement between you and NEPA Marketplace regarding your giveaway and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.
14. Acceptance: By submitting a giveaway to NEPA Giveaways, you acknowledge that you have read, understood, and agree to these Terms and Conditions.