TERMS AND CONDITIONS
ELIGIBILITY: By participating in the POPSUGAR x Samsung Galaxy Watch virtual pledge promotion (the "Promotion") as described in these terms and conditions (the "Promotion Terms"), each participant represents and warrants that they fully comply with these Promotion Terms.
HOW TO MAKE A PLEDGE: To participate in the Promotion, during the Promotional Period, complete a pledge form (via the Instagram Story posted on POPSUGAR's Instagram account, @popsugar, @popsugarfitness, @popsugarbeauty, and @popsugarplayground, or via the Promotion post on POPSUGAR's website), post your completed pledge form via your Instagram Story account (for pledge forms submitted via the Instagram Story) or Facebook account (for pledge forms submitted via the post on POPSUGAR's website), and tag #PledgeAndBeWell in your pledge (each, a "Pledge"). For Pledges submitted via Instagram, your account must be public in order to make an eligible Pledge. Pledges must be submitted during the timeframe beginning March 19, 2019 at 9:00 AM PDT and continue until March 31, 2019 at 11:59 PDT ("Promotional Period"). The Instagram Story entry mechanism will be available for the entirety of the Promotional Period, and the entry mechanism on POPSUGAR's website will be available beginning March 22, 2019 at 9:00 AM PDT and continue until March 31, 2019 at 11:59 PDT. Neither POPSUGAR Inc. ("POPSUGAR") nor Samsung Electronics America, Inc. ("Samsung") is responsible for any inability to access or participate in the Promotion due to difficulty accessing the internet, service outage or delays, computer difficulties and other technological problems.
CHARITABLE DONATION: For each eligible Pledge submitted in accordance with these Promotion Terms during the Promotional Period, POPSUGAR will donate one U.S. dollar ($1 USD) to Step Up (or such alternate charity as POPSUGAR may designate), up to a maximum of 5,000 eligible participants (i.e., a donation of five thousand dollars ($5,000). Each participant acknowledges and agrees that the participant will not be entitled to a tax deduction in connection with POPSUGAR's donation in connection with this Promotion.
OTHER RULES: This Promotion is subject to all applicable laws and is void where prohibited. If, in POPSUGAR's opinion, there is any suspected or actual evidence of fraud, electronic or non-electronic tampering or unauthorized intervention with any portion of this Promotion, or if fraud or technical difficulties of any sort (e.g., computer viruses, bugs) compromise the integrity of the Promotion, POPSUGAR reserves the right to terminate the Promotion, in its sole discretion. Any attempt to deliberately damage the POPSUGAR website or undermine the legitimate operation of the Promotion may be in violation of U.S. criminal and civil laws and will result in disqualification from the Promotion. Should such an attempt be made, POPSUGAR reserves the right to seek remedies and damages (including attorney's fees) to the fullest extent of the law, including pursuing criminal prosecution.
LIMITATION OF LIABILITY: BY PARTICIPATING IN THE PROMOTION, PARTICIPANTS, ON BEHALF OF THEMSELVES AND THEIR HEIRS, EXECUTORS, ASSIGNS AND REPRESENTATIVES, RELEASE AND HOLD THE POPSUGAR, SAMSUNG, STEP UP, THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AFFILIATED COMPANIES, UNITS AND DIVISIONS, AND THE CURRENT AND FORMER OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUCCESSORS AND ASSIGNS OF EACH OF THE FOREGOING, AND ALL THOSE ACTING UNDER THE AUTHORITY OF THE FOREGOING, OR ANY OF THEM (INCLUDING, BUT NOT LIMITED TO, ADVERTISING AND PROMOTIONAL AGENCIES) (EACH A "RELEASED PARTY"), HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, INJURY, LOSS, DAMAGES, LIABILITIES AND OBLIGATIONS OF ANY KIND WHATSOEVER (COLLECTIVELY, THE "CLAIMS") WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, WHICH PARTICIPANT EVER HAD, NOW HAVE, OR HEREAFTER CAN, SHALL OR MAY HAVE, AGAINST THE RELEASED PARTIES (OR ANY OF THEM), INCLUDING, BUT NOT LIMITED TO, CLAIMS ARISING FROM OR RELATED TO THE PROMOTION OR PARTICIPANT'S PARTICIPATION IN THE PROMOTION. All matters relating to the interpretation and application of these Terms and Conditions shall be decided by POPSUGAR in its sole discretion.
DISPUTES: As a condition of participating in the Promotion, participants agree that any and all disputes that cannot be resolved between participant and POPSUGAR, and causes of action arising out of or connected with the Promotion or these Terms and Conditions, shall be resolved individually, without resort to any form of class action, exclusively before a court of competent jurisdiction located in the City of San Francisco in the State of California and participant irrevocably consents to the jurisdiction of the federal and state courts located in the City of San Francisco in the State of California with respect to any such dispute, cause of action, or other matter. All disputes will be governed and controlled by the laws of the State of California (without regard for its conflicts-of-laws principles). Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby irrevocably waives all rights to claim, punitive, incidental, or consequential damages, or any other damages, including attorneys' fees, other than participant's actual out-of-pocket expenses (i.e., costs incurred directly in connection with participant's participation in the Promotion), and participant further irrevocably waives all rights to have damages multiplied or increased, if any. EACH PARTY EXPRESSLY WAIVES ANY RIGHT TO A TRIAL BY JURY. All federal, state, and local laws and regulations apply.
THIRD PARTY PLATFORMS: If this Promotion is hosted, administered, or operated on a third party platform, including without limitation social media platforms (e.g., Facebook and/or Instagram) (the "Third Party Platform"), then by participating in the Promotion, you hereby release and hold harmless such Third Party Platform from all claims, responsibility, and liability relating to the Promotion. Unless otherwise stated in these Terms and Conditions, this Promotion is not sponsored, endorsed, or administered by, or associated with, any Third Party Platform.
BY PARTICIPATING, YOU AGREE THAT YOU HAVE READ AND AGREE TO THESE TERMS AND CONDITIONS.