OFFICIAL RULES Entry of a Nomination and Application (“Application”) for The Shoppy Awards 2020 (the “The Shoppys”) by or on behalf of a company (“Company”) constitutes Company's full and unconditional agreement to accept and be bound by the following Official Rules:
- CONDITIONS OF PARTICIPATION:
- By submitting the Application, Company represents and warrants that the person identified as Primary Contact or as CEO has the authority to submit the Application and all supplemental information submitted in support of the Application.
- Company acknowledges that its right to withdraw the Application is limited to the period prior to its submission of revenue and customer retention verification materials. After submission of revenue certification materials, Company shall have no right to withdraw the Application.
- Company acknowledges that if it is accepted as a finalist for a Shoppy Award, ECOMMevents LLC (“EE”), shall have the right to publish in any and all media information about Company.
- INTERNET: EE shall not be responsible for malfunctions of electronic equipment, computer hardware, software, malfunctions of Company’s email provider, lost, late, incomplete Applications or Applications not completed prior to 11:59pm Pacific Daylight Time on March 15, 2020 (the “Application Period”). Applications not containing the required information and Applications not completed during the Application Period will be disqualified. Any attempted form of entry other than described herein is void. EE shall not be responsible for problems or electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of Application materials, or for technical, network, telephone, equipment, electronic, computer, hardware or software malfunctions or limitations of any kind or inaccurate transmissions of or failure to receive Application information by EE on account of technical problems or traffic congestion on the Internet or any web site or any combination thereof. If for any reason the Internet portion of the program is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the 2020 Awards, EE reserves the right in its sole discretion to cancel, terminate, modify or suspend the 2020 Awards and/or the application procedures.
- E-MAIL ADDRESS CHANGE POLICY: It is the sole responsibility of the Company Administrator to notify EE in writing of any changes in his/her e-mail address.
- PAYMENT: The Application Fee is not refundable under any circumstances.
- DISCLOSURE: By applying for The Shoppy Awards, I am agreeing to have my information shared with, and receive information directly from, authorized partners and sponsors of The Shoppy Awards & E-Commerce Day.
- RESOLUTION OF DISPUTES: By submitting the Application and supplemental Revenue Verification materials, Company agrees that:
(1) in the event of any dispute or claim arising out of or connected with the Application or the 2020 Shoppy Awards, the parties shall make a good faith effort to resolve that dispute or claim through mediation facilitated by a neutral third party located in San Diego, CA, the cost of which shall be borne by EE;
(2) in the event that the parties are unable to reach a resolution through mediation, the parties select the State and Federal Courts located in the State of California, County of San Diego as the exclusive forum in which the matter may be litigated, on an individual basis without resort to class action;
(3) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest but in no event attorneys' fees; and
(4) under no circumstances will Company be permitted to obtain any compensation for, and Company hereby waives all rights to claim, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, as well as any and all rights to have damages multiplied or otherwise increased.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Company and EE in connection with the Application and the 2020 Awards, shall be governed by, and construed in accordance with, the laws of the State of California applicable to agreements made and performed in New Yo