Terms – ShopTalk 2022 Claw Machine Giveaway


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ShopTalk 2022 Claw Machine Giveaway: Prizing Language

Once you have submitted the Experience you will get an unique chance to play with the Marigold Engage+ Claw Machine located on the booth B54 at the ShopTalk Conference 2022. Each participant has a unique chance to participate in the Claw Machine Giveways. The claw machine is filled with different prizes with values ranging from $10 to $ 250. 

Terms and Conditions

Your use and access of the website on which these Terms and Conditions reside (the “Platform”) is governed by and subject to the following Terms and Conditions. The Platform is owned and provided by Marigold USA, Inc. (together with its affiliates, “Cheetah”). If you do not agree to these terms, or if you do not agree with our https://www.cheetahdigital.com//website-privacy-policy, please do not use the Platform or any services offered by the Platform.  BY ENTERING ACCESSING, BROWSING, SUBMITTING INFORMATION TO, OR OTHERWISE USING THIS WEBSITE, YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS.

Accounts — Certain features of the Platform may require you to create an account (“User Account”). If the Platform requires you to create a User Account, you may not share your User Account or use another’s User Account. All content posted by you via your User Account must comply with the Terms and Conditions and https://www.cheetahdigital.com//website-privacy-policy.

Intellectual Property Ownership — Unless otherwise set forth in these Terms and Conditions, all text, content and documents on the Platform, any names, logos, trademarks, service marks, or other intellectual property appearing in the Platform, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software and other works on the Platform (the “Content”) are owned by Cheetah or used with permission or under license from a third party. As between Cheetah and you, all right, title and interest in and to the Content will at all times remain with Cheetah. 

Limited Use; Restrictions on Use — You are permitted to use the Content and/or any services and products on the Platform for lawful purposes as provided in the Terms and Conditions only; any other use or misuse of any Content is strictly prohibited. Cheetah grants you a non-exclusive, limited, personal, non-transferable, revocable, license to access and use the Content, without right to sublicense, under the following conditions: you shall not, without Cheetah’s express written consent: (a) copy, retransmit, modify, disseminate, display, perform, reuse, re-post, broadcast, circulate, or otherwise distribute the Content, or modify or re-use all or part of the Content, (b) use any tradename, trademark, or brand name of Cheetah in metatags, keywords and/or hidden text, (c) create derivative works from the Content or commercially exploit the Content, in whole or in part, in any way, and (d) use the Platform, the Content, and/or any portion thereof, in any manner that may give a false or misleading impression, attribution or statement as to Cheetah, or any third party referenced therein. You shall not alter, remove or obscure any copyright notice, proprietary legends or any other notice included in the Content. Except as expressly provided herein, nothing on the Platform shall be construed as conferring any license under Cheetah’s intellectual property rights. 

Social Media Sites and Third Party URLS — The Platform may include features and functionality that allow you to interact with other sites that are not under our control (“Linked Site”), including various social media websites (“Social Media Sites”). Cheetah provides these features, functionality and links to you only as a convenience and does not endorse any Linked Sites or Social Media Sites. Cheetah is not responsible for the contents or transmission of any Linked Site or Social Media Site or for the terms of use or privacy practices of any Linked Site of Social Media Site. You should carefully read the policies of any site you visit.  

Posting Policy

By using this site, you: (a) authorize Cheetah to collect and store any comments, images, or other content that you upload, post, or submit (“Submissions”) on our servers and systems in accordance with our [link to privacy policy], (b) grant Cheetah an unlimited, perpetual, royalty-free, sub-licensable, transferable and irrevocable license to use, modify, or adapt the Submissions for any purpose whatsoever, including but not limited to incorporating the Submissions into Content that may be commercial in nature. You are expressly prohibited from submitting any of the following (“Prohibited Submissions”):

  • Any Submission that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, material that depicts child-pornography, acts of violence, drug use or would violate the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
  • Any Submission that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
  • Any Submission that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
  • Unsolicited promotions, political campaigning, advertising or solicitations;
  • Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
  • Viruses, spyware, trojans, corrupted data or any other harmful, disruptive or destructive files; or
  • Any Submission that in our sole judgment is inappropriate or objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Cheetah or its users to any harm or liability.  

No Archive — Even if this Platform includes features and functionality that permit you to upload certain Submissions to our services or systems, this Platform is not and shall not function as an archive. Cheetah shall have no liability to you or any other person for loss, damage, or destruction to your Submission. You shall be solely responsible for maintaining independent archival and backup copies of any Submission.

Disclaimers — Cheetah reserves the right to change any part of the Platform at any time without notice, subject to the “NOTICE” provision set forth below.

Warranties, Limitation of Liability — THIS PLATFORM IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS PLATFORM OR ANY INFORMATION OR SOFTWARE THEREIN. To the maximum extent permitted by law, neither Cheetah, its affiliates, nor any of their respective officers, directors, agents or other representatives will be liable for any damages, direct, indirect, incidental, consequential, special, or punitive, including, without limitation, loss of data, income, profit or goodwill, loss of or damage to property and claims of third parties arising out of your access to or use of (or inability to use) the Platform, or arising out of any action taken in response to or as a result of any Content or other information available on the Platform, however caused, whether based on breach of contract, tort, proprietary rights infringement, product liability or otherwise. The foregoing shall apply even if Cheetah was advised of the possibility of such damages. If you become dissatisfied in any way with the Platform Terms and Conditions or Privacy Policy, your sole and exclusive remedy is to stop your use of the Platform and its services. 

All participants agree to release and hold harmless Marigold Engage+ and all of its respective affiliated companies and subsidiaries and all of their respective directors, officers, employees, agents, legal counsel, and/or participating promotional partners from all losses, damages, penalties, claims, actions, suits, costs, and expenses of any kind whatsoever and any property damage, personal injury, or death to any participant or third party caused by or arising out of or in connection with participation in the Sweepstakes or with the use of any prize awarded. Marigold Engage+ is not responsible for any incorrect or inaccurate information and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the Sweepstakes of the equipment used in its administration.

Digital Millennium Copyright Act — Cheetah is committed to respecting and protecting the legal rights of copyright owners. As such, Cheetah adheres to the following notice and take down policy, in full compliance with Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.). If you believe any of the Content infringes upon your intellectual property rights, please submit a notification alleging such infringement (hereafter a “DMCA Takedown Notice”). To be valid, a DMCA Takedown Notice must (i) be provided to Cheetah at [email protected], and (ii) include the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
  • Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

You acknowledge that in order for Cheetah to be authorized to takedown any Content, your DMCA Takedown Notice must comply with all of the requirements of this Section.

No Framing; Links; Third Party Sites — Framing, in-line linking or other methods of association with the Platform are expressly prohibited without prior written approval from Cheetah.

Notice — From time to time, we may revise these Terms and Conditions. Your use of the Platform following the posting of any revised Terms and Conditions shall be deemed acceptance of the revised Terms and Conditions. Cheetah strongly recommends checking the Terms and Conditions periodically. If we are required by law to obtain your express consent for any changes to the Terms and Conditions, then we will make a commercially reasonable attempt to obtain your consent before implementing such revisions.

Miscellaneous — Cheetah’s failure to enforce any provision of the Terms and Conditions shall not be deemed a waiver of such provision nor of the right to enforce such provision.

Entry for the ShopTalk 2022 Claw Machine Giveaway will close at the end of the conference on June 8th, 2022. Entries after that will not be counted.

©2021, Marigold USA, Inc.

Privacy –ShopTalk 2022 Claw Machine Giveaway

What it is

We are offering various prizes with different values. Examples: branded water bottles, cheetah soft toys, branded cups, branded power banks, cheetah key tags, The White Company vouchers and products, Starbucks gift cards, Smartbox vouchers.

In order to be in with a chance of winning a Vespa at eTail West, you must complete the Cheetah Experience via this link here. 

PUBLICITY: Except where prohibited, participation in the Sweepstakes constitutes winner’s consent for Sponsor to use winner’s name, likeness, prize information, city of residence for promotional purposes in any media without further consideration.

Who we are

Marigold Engage+ is a Software-as-a-Service provider that helps global marketers drive revenue, build lasting customer relationships, and deliver a unique value exchange throughout the entire customer lifecycle.

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