Logitech and Adobe Affinity Offer Terms and Conditions

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LOGITECH AND ADOBE AFFINITY OFFER
TERMS AND CONDITIONS

PURCHASE NECESSARY TO ENTER. OFFER VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

  1. ELIGIBILITY. The Logitech and Adobe Affinity offer (“Offer”) is open to any person of 18 years of age or older (as of date of entry) who are legal residents of Australia (the “Participant(s)”). The officers, directors and employees of Logitech Europe SA and their subsidiaries and affiliated companies and Adobe INC. (“Adobe”) its subsidiaries and affiliated companies, as well as all advertising and promotion agencies, persons engaged in the development, production or distribution of materials for this Offer and immediate family members or persons living in the same household (whether related or not) are not eligible to participate in this Offer. By participating in this Offer, the Participant unconditionally agrees to be bound by these Terms and Conditions.

  2. THE PROMOTER. Logitech Europe SA (“The Promoter”) with its registered address at EPFL Innovation Park, Daniel Borel Innovation Center, 1015 Lausanne, Switzerland, will promote and operate the Offer. For any queries regarding this Offer, please email adobeaffinity@logitech.com, quoting the Offer. The address is provided exclusively for the submission of promotion enquiries and other written communications will not be accepted.

  3. HOW TO PARTICIPATE. Participant shall purchase one (1) of the following Logitech mouse: Logitech MX Master 3, Logitech MX Master 3 for Mac, Logitech MX Anywhere 3, Logitech MX Anywhere 3 for Mac, Logitech MX Keys, Logitech MX Keys for Mac, Logitech Craft Wireless Keyboard, Logitech MX Vertical or Logitech MX Ergo (“Qualifying Device”) solely and exclusively from the Logitech official website (www.logitech.com) (additional terms and conditions apply) during the Promotion Period as defined below to participate in the Offer and claim either one (1) complimentary access to Adobe Creative Cloud Photography Plan membership for two (2) months which includes Adobe Photoshop, Adobe Photoshop Lightroom, Adobe Lightroom Classic, Adobe Spark and 20 GB Cloud storage or one (1) complimentary access to Adobe Creative Cloud All Apps Plan membership for one (1) month which includes full Creative Cloud suite, including Adobe Photoshop, Adobe InDesign, Adobe Premiere Pro, Adobe Illustrator, Adobe XD and Adobe Acrobat DC (“Gift”). Participant may only claim one (1) Gift per Order (irrespective of the number of the Qualifying Device ordered) and per email address. This Offer cannot be combined with other, simultaneously running offers from Promoter or Adobe.

    The Participant shall receive a unique link listed in the order confirmation. To claim the Gift, Participant must follow the unique link listed in the order confirmation. This link will lead to a redemption portal on www.adobepartneroffer.com (additional terms and conditions apply), where Participant will be instructed to select the Gift and log in with or create an Adobe account. Unclaimed Gift will not be reissued to Participant.

  4. PROMOTION PERIOD. The Offer begins in Australia starting December 3, 2020 at 09:01 AM, CET and ends on September 21, 2021 at 11:59 PM, CET (“Promotion Period”).

  5. REDEMPTION PERIOD. The Gift may be claimed between December 3, 2020 at 09:01 AM, CET and December 21, 2021 at 11:59 PM, CET (“Redemption Period”).

  6. LICENSE GRANT. Participant retains all of its ownership rights in its entries, however, with each entry, Participant grants Promoter, and its affiliates a worldwide, non-exclusive, perpetual, royalty-free, fully-paid, sublicensable and transferable license to use, adapt, modify, publish, reproduce, distribute, prepare derivative works of, publicly display, and perform its entry, in whole or in part, in connection with this Offer and in connection with the marketing, advertising and promotion of Logitech products. Promoter may also use its submission in connection with (i) retail marketing efforts including trade show booths, catalogs, mailers, point of purchase or other store displays; and (ii) e-commerce efforts including the Promoter websites in any media formats and through any media and social channels.

  7. GENERAL CONDITIONS.. No substitution, transfer or cash equivalent of any Gift, except by the Promoter, which reserves the right to substitute a Gift with one of comparable or greater value. Any taxes and any duties on the Gift are the Participant’s sole responsibility.

    If Participant returns the Qualifying Device, the claim for a Gift will be invalidated, and Participant will not be entitled to claim or receive the Gift under this Offer. This does not apply if Participant exercises its legal rights under the Consumer Rights laws because the Qualifying Device is faulty.

    Promoter’s decisions are final and binding in all respects on all matters related to this Offer. Promoter and its partners are not responsible for incomplete, lost, mislaid, damaged, late, delayed or garbled registrations or emails, incorrect or inaccurate capture of entry information, including but not limited to technical malfunctions, human or technical error, omission, interruption, deletion, defect or failures of any telephone or computer line or network, computer equipment, or any combination thereof.

    Only the fully completed online registration will be accepted. All registrations submitted become the property of Promoter. Promoter reserves the right, without prior notice, to terminate this Offer, in whole or in part, or modify this Offer in any way, and for any reason, including without limitation, if Promoter determines in its sole discretion, that fraud, technical failures or any other factor beyond Promoter’s reasonable control impairs the integrity of the Offer. Promoter reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the application or to be acting in violation of these Terms and Conditions. Any attempt by any person to deliberately undermine the legitimate operation of the Offer is a violation of criminal and civil law, and should such an attempt be made, Promoter reserves the right to seek damages from any such person to the fullest extent permitted by law.

    If an act, omission, event or circumstance occurs which is beyond the reasonable control of Promoter and which prevents Promoter from complying with these Terms and Conditions, Promoter will not be liable for any failure to perform or delay in performing its obligations. Promoter reserves the right to modify, delay, postpone or cancel the Offer in the event of circumstances outside of its reasonable control.

  8. PUBLICITY RELEASE. Except where prohibited by law, acceptance of a Gift shall constitute the Participant’s agreement that Promoter may use its name photograph, address, voice, likeness and Gift information for any purpose, including without limitation, commercial, advertising and promotional purposes without further payment or compensation.

  9. PRIVACY; DATA COLLECTION. Information provided by Participant for this Offer is subject to Promoter’s privacy policy located at https://www.logitech.com/legal/web-privacy-policy.html.

  10. SURVIVAL. If any clause of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable then it shall be severed and deleted and the remaining clauses shall survive and remain in full force and effect.

  11. DISPUTES. By submitting an entry, Participant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Offer, other than the administration of the Offer, shall be resolved individually, without resort to any form of class action, and exclusively by a court having competent jurisdiction; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Offer but in no event attorneys’ fees; and (c) under no circumstances will Participant be permitted to obtain awards for, and Participant hereby waives all rights to, claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the Participant and Promoter in connection with this Offer, shall be governed by, and construed in accordance with, the laws of Switzerland, without giving effect to any choice of law or conflict of law rules. Any disputes arising out of these Terms and conditions will be settled by the competent Courts in Lausanne, Switzerland. These Courts shall have exclusive jurisdiction.

  12. LIMITATION OF LIABILITY. PROMOTER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING ANY GIFT OR THE PARTICIPATION OF THE PARTICIPANT IN THE OFFER. BY PARTICIPATING IN THE OFFER, PARTICIPANT AGREES TO RELEASE AND HOLD PROMOTER AND ITS EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, REPRESENTATIVES, AND THEIR AFFILIATES, SUBSIDIARIES, PARENTS, ADVERTISING, PROMOTION AND FULFILLMENT AGENCIES, AND LEGAL ADVISORS HARMLESS FROM ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS AND ACTIONS OF ANY KIND IN CONNECTION WITH THE OFFER OR RESULTING FROM ACCEPTANCE, POSSESSION, OR USE OF ANY GIFT, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, DEATH, AND PROPERTY DAMAGE, AND CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, OR INVASION OF PRIVACY.