This Free Arccos Sensors with Purchase Promotion ("Promotion") is open only to US residents who are eighteen (18) years of age or older. By participating in the Promotion as described in these terms and conditions (the "Promotion Terms"), each participant represents and warrants that he or she is eighteen years of age or older and otherwise fully agrees to comply with these Promotion Terms.
To claim 14 free Arccos Sensors ("Promotional Item"), you must have purchased an Eligible PING Product (listed below), completed the four steps outlined at ping.com/arccos-sensor-promo and verify eligibility prior to the end of the Promotion Period.
Your free Promotional Item will be shipped to the address provided in your PING account profile on ping.com. The Promotion Period will begin on October 1, 2019 at 10 am EST and continue until December 31, 2019 at 12:00 am EST or while supplies last ("Promotion Period"). Ping, Inc. ("Ping") is not responsible for any inability to access the Promotion or claim a Promotional Item due to difficulty accessing the internet, service outages or delays, computer difficulties or other technical problems.
1 set of 14 Arccos Sensors, with an estimated value of $149.99 USD
The Promotional Item is provided on a first come, first served basis while supplies last. The Promotional Items are not for resale and will not be replaced if lost, defective, or stolen. The Promotional Items are limited to one (1) Promotional Item per person while supplies last.
This Promotion is subject to all applicable laws and is void where prohibited. Promotional Item recipients (each a "Recipient") assume all liability for any injuries or damage caused or claimed to be caused by participation in this Promotion or by the use or misuse of the Promotional Item.
If, in Ping'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, Ping reserves the right to terminate the Promotion and distribute the Promotional Items in its sole discretion. Any attempt to deliberately damage the Ping 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, Ping reserves the right to seek remedies and damages (including attorney's fees) to the fullest extent of the law, including pursuing criminal prosecution.
PROMOTIONAL ITEMS ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT FURTHER WARRANTY OF ANY KIND. PING HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE PROMOTIONAL ITEMS.
BY PARTICIPATING IN THE PROMOTION, PARTICIPANTS, ON BEHALF OF THEMSELVES AND THEIR HEIRS, EXECUTORS, ASSIGNS AND REPRESENTATIVES, RELEASE AND HOLD PING, INC. AND ITS PARENT COMPANY, 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 AND PROMOTIONAL ITEM SUPPLIERS) (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 HAS, 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 (INCLUDING, WITHOUT LIMITATION, CLAIMS RELATING TO THE RECEIPT, OWNERSHIP, USE, MISUSE, TRANSFER, SALE OR OTHER DISPOSITION OF THE PROMOTIONAL ITEMS. All matters relating to the interpretation and application of these Terms and Conditions shall be decided by Ping in its sole discretion.
As a condition of participating in the Promotion, participants agree that any and all disputes that cannot be resolved between participant and Ping, 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 State of Arizona and participant irrevocably consents to the jurisdiction of the federal and state courts located in the State of Arizona 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 Arizona (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.