TERMS OF USE

Welcome to the online service of KNACK LLC and www.knackshops.com. These terms of use (“Terms”) govern your visit and use of the online services, websites, and/or software provided on or in connection with the service provided by KNACK LLC. By accessing or using the Knack website and services, you signify that you have read, understood, and agree to be bound by these Terms and to the collection and use of your information as set forth in the Knack Privacy Policy. These Terms applies to all visitors, users, and others who access the service (“Users”).

USE OF OUR SERVICE

Knack is an online marketplace that allows individual users and groups to create custom gifts. By using the Knack website and service, you understand that (i) you may not be buying directly from Knack, but one of the gift providers on Knack.

ACCOUNTS

Knack users create accounts for the purposes of accessing the service, engaging with other users, and making purchases through the Knack website. When you create an account with us you represent and warrant that the information you provide us is accurate, complete, and current. Inaccurate, incomplete, or obsolete information may result in termination of your account.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You accept responsibility for any and all activities or actions that occur under your account and/or password.

AGE

We provide surprising, entertaining gifts for people of all ages, but Knack does not knowingly collect personally identifiable information from children under the age of thirteen. You must be at least 13 years of age to use the Knack website and the service. By agreeing to these Terms, You represent and warrant to Us that: (a) You are at least 13 years of age and you understand and agree to these Terms; (b) if you are between the ages of 13 and 17, you represent and warrant that your legal guardian has reviewed and agreed to these Terms; (c) you have not previously been suspended or removed from the Service; and (d) your registration and your use of the Knack website and service is in compliance with all applicable laws and regulations. If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.

PRIVACY

Protecting your private information as you use our service is our priority. The following Statement of Privacy applies to www.knackshops.com and KNACK LLC and governs data collection and usage. For the purposes of the following Privacy Policy, unless otherwise noted, all references to Knack include www.knackshops.com and KNACK LLC. By using the Knack website, you consent to the data practices described in this statement.

Collecting your personal information

During your registration process, Knack may collect personally identifiable information, such as your name and email. If you purchase Knack products and services, we may also collect from you billing and credit card information, which billing and credit card information are used to complete the purchase transaction. Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data directly to others through the Knack group gifting service, this information may be collected and used by others.

Information about your computer hardware and software may be automatically collected by Knack. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Knack website.

We encourage you to review the privacy statements of websites you choose to link to from Knack so that you can understand how those websites collect, use and share your information. Information collected by a third party in this manner is subject to that third party’s own data collection, use, and disclosure policies. Knack is not responsible for the privacy statements or other content on websites outside of the Knack website.

Using your personal information

Knack collects and uses your personal information to operate its website(s) and deliver the services you have requested. Knack may also use your personally identifiable information to inform you of other products or services available from Knack and its partners. Knack may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.

Knack may keep track of the websites and pages our users visit within Knack. This data is used to deliver customized content and advertising within Knack to customers whose behavior indicates that they are interested in a particular subject area.

Knack will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Knack or the site; (b) protect and defend the rights or property of Knack; and, (c) act under exigent circumstances to protect the personal safety of users of Knack, or the public.

Cookies

www.Knackshops.com may use "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. They cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Knack services or websites you visit.

Security

Knack takes all possible precautions to secure your personal and billing information from unauthorized access, use or disclosure, however we cannot guarantee the ultimate impenetrability of our security measures. You acknowledge that you provide your personal information at your own risk. We do not sell, rent or lease our customer lists to affiliates or unauthorized third parties.

OPT-OUT & UNSUBSCRIBE

Knack understands that not every surprise in the mail is a welcome one. We respect your privacy and give you an opportunity to opt-out of receiving newsletters or announcements of certain information. Users may opt-out of receiving any or all communication from Knack by contacting us here: knockknock@knackshops.com.

PURCHASES AND PAYMENT

If you wish to purchase any product or service made available through the Knack website, you may be asked to supply certain information relevant to your purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction when such charges are incurred.

The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy. You acknowledge that Knack is not liable for any breaches of credit card or debit card security or privacy.

We do our best to ensure that the information on our website concerning products availability is true and complete, but we reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

SHIPPING

Knack will ship all gifts and products purchased through the website to the address specified in the shipping address section of our online order form. The time period from order to arrival will vary depending on location.

TERMS & CONDITIONS FOR WINE ORDERS

  1. General sale: KNACKSHOPS.COM does not sell alcohol to persons under the age of 21. By purchasing alcoholic beverages through this site you swear and affirm that you are over the age of 21. KNACKSHOPS.COM makes every effort to ensure that alcoholic beverages are not delivered to anyone who is under the age of 21. By using this site you are acknowledging that the person receiving a shipment of alcoholic beverages from KNACKSHOPS.COM is over the age of 21. You also agree that any alcohol purchased from KNACKSHOPS.COM is intended for personal consumption and not for resale.
     
     
  2. Title + ownership: Title to and ownership of all wine passes from KNACKSHOPS.COM to the purchaser at the warehouse and state it is purchased in and the purchaser takes all responsibility for shipping it from the warehouse to his/her home state. By arranging for transportation of the wine, KNACKSHOPS.COM is providing a service to and acting on behalf of the purchaser. By utilizing this service from KNACKSHOPS.COM the purchaser is representing that he/she is acting in a fashion compliant with his/her local and state laws regarding the purchase, transportation, and delivery of wine. The purchaser represents that he/she has obtained any required permission, paid any required fees, is working through properly licensed intermediaries where required, is legally entitled to take possession of wine and is legally entitled to take quantities ordered and once again authorizes that he/she is 21 years of age.
     
  3. Special conditions for wine shipping: As of August 1st, 2016, KNACKSHOPS.COM is able to ship wine to the following states:  Alaska, California, Washington D.C., Idaho, Missouri, New Mexico, and Washington. Any order containing alcoholic beverages from KNACKSHOPS.COM must be signed for at the time of delivery by a recipient age 21 or older who can present valid identification. KNACKSHOPS.COM is not responsible for orders that cannot be delivered in person and signed for by a recipient with valid ID. To ensure expedient delivery, we recommend having orders shipped to a reliable daytime or business address. 

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Knack and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of (i) your use and access of the Service, by you or any person using your account and password; (ii) a breach of these Terms, or (iii) content posted by you on the Knack website.

LIMITATION OF LIABILITY

In no event shall Knack, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

DISCLAIMERS; NO WARRANTIES

THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. KNACK DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (I) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (II) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. KNACK DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING KNACK OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALING WITH ANY OTHER SERVICE USER, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT.

SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

STATEMENT CHANGES

We reserve the right, at our discretion, to change, modify, add, or remove portions from these Terms at any time. If we decide to change our Terms (including the Statement of Privacy) for the site, we will post the revised Terms here so that you will be informed of such changes. Your continued use of the site indicates your assent to the Terms as posted. Please check this page periodically for changes to these Terms.

GOVERNING LAW

These Terms are governed by the laws of the State of Washington without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, then you and Knack agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within King County, Washington for the purpose of litigating any dispute. We operate the service from our offices in Washington, and we make no representation that the service offered is appropriate or available for use in other locations.

QUESTIONS OR COMMENTS

Knack welcomes your questions or comments regarding these Terms. If you believe that Knack has not adhered to these Terms, please contact us.

Our Site is maintained in the United States. By using the site, you authorize the export of personal information to the United States and its storage and use as specified in this policy.

Dispute Resolution and Arbitration

In the interest of resolving disputes between you and Knack in the most expedient and cost effective manner, you and Knack agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND KNACK ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in a court of law; or (iv) to file suit in a court of law to address an intellectual property infringement claim.

Any arbitration between you and Knack will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Knack.

A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if such other party has not provided a current physical address, then by electronic mail (“Notice”). Knack’s address for Notice is:

[1306 E. Pike Street, Seattle, WA 98122]

The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you and Knack may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you and Knack must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, Knack will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by Knack in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.

If you commence arbitration in accordance with these Terms, Knack will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in King County, Washington, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Knack for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

YOU AND KNACK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Knack agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

If Knack makes any future change to this arbitration provision, other than a change to Knack’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to Knack’s address for Notice, in which case your account with Knack will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.]

NOTICE TO CALIFORNIA RESIDENTS

If you are a California resident, California Civil Code Section 1789.3 allows You to contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210, in order to resolve a complaint regarding the service or to receive further information regarding use of the service.

EFFECTIVE DATE

These Terms are effective and were last updated on August 15, 2016

OFFICIAL MONTHLY DRAWING SWEEPSTAKES RULES

Official Rules, Terms, and Conditions:

PLEASE READ THESE RULES CAREFULLY PRIOR TO PARTICIPATION OR ENTRY. NO PURCHASE IS NECESSARY TO REGISTER, ENTER, OR WIN. MAKING A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED. OPEN ONLY TO INDIVIDUALS AGED 13 AND OLDER AS OF FEB 1, 2016 WHO ARE LEGAL RESIDENTS OF THE 48 CONTINENTAL UNITED STATES OR THE DISTRICT OF COLUMBIA, ALASKA AND HAWAII EXCLUDED.

The monthly drawings (“Monthly Drawings”) are created and sponsored by Knack (“Knack”) 1306 E. Pike St., Seattle WA, 98112, U.S.A. By participating in Monthly Drawings and/or using this website, you agree to the Knack Terms, which are available at www.knackshops.com (the “Site”) and hereby incorporated by reference, and that your participation will be governed by, and you shall abide by, all of the following rules (the “Campaign Rules”) outlined herein.

  1. Eligibility: This Campaign is open only to those who sign up for the email newsletter at www.knackshops.com or by submitting a written entry with Name, Email, and Phone Number and who are at least thirteen (13) years of age as of the date of entry. The Campaign is only open to legal residents of the forty-eight (48) continental United States of America and the District of Columbia, excluding Alaska, Hawaii, and all U.S. territories and possessions and all overseas military installations and is void where prohibited by law. Employees of Knack, its affiliates, subsidiaries, advertising and promotion agencies, and suppliers, (collectively the “Employees”), and immediate family members and/or those living in the same household of Employees are not eligible to participate in the Campaign. The Campaign is subject to all applicable federal, state, and local laws and regulations. Void where prohibited.
  2. Agreement to Rules: By participating, the Participant (“You”) agree to be fully unconditionally bound by these Rules, and You represent and warrant that You meet the eligibility requirements. In addition, You agree to accept the decisions of Knack as final and binding as it relates to the content of this Campaign.
  3. Campaign Period: Unless otherwise stated on the Site, eligibility for each Monthly Drawing will begin on the first business day of each month which there is a Monthly Drawing and ends at 11:59 p.m. PST on the last day of each such month (the “Promotion Period”). Entries will be accepted starting on [8:00 AM PST] and ending [11:59 PM PST on the last day of each Monthly Drawing Promotion Period]. All entries must be received by [11:59 PM PST].
  4. How to Enter: The Campaign must be entered by submitting an entry containing Name, Email, and Phone Number provided at www.knackshops.com for Knack’s email newsletter. Participants may submit via Alternative Method of Entry: a written entry containing Name, Email, and Phone Number to an employee of Knack for consideration for Monthly Drawing within the current Promotion Period. The entry must fulfill all Campaign requirements, as specified, to be eligible to win a prize. Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Knack. By entering, you will be agreeing to receive emails from Knack. If You use fraudulent methods or otherwise attempt to circumvent the rules, your submission may be removed from eligibility at the sole discretion of Knack. 
  5. Prizes: The Winner(s) of the Campaign (the “Winner”) will receive one (1) digital gift credit for use on www.knackshops.com valued at one hundred (100) USD. The specifics of the prize shall be solely determined by Knack. No cash, gift card, or other prize substitution shall be permitted except at Knack’s discretion. The prize is nontransferable and single-use. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of Winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent or gift card equivalent by Winner is permitted. Acceptance of prize constitutes permission for Knack to use Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
  6. Odds: The odds of winning depend on the number of eligible entries received.
  7. Winner Selection and Notification: Winner will be selected by a random drawing under the supervision of Knack. Winner will be notified by email within five (5) days following selection of Winner. Knack shall have no liability for Winner’s failure to receive notices due to spam, junk e-mail or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information. If Winner cannot be contacted, is ineligible, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited and an alternate Winner selected. Receipt by Winner of the prize offered in this Campaign is conditioned upon compliance with any and all federal, state, and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (AT KNACK’S SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE CAMPAIGN, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
  8. Rights Granted by You: By entering this content (e.g., photo, video, text, etc.), You understand and agree that Knack anyone acting on behalf of Knack, and Knack’s licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the Campaign, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes without any further compensation, notice, review, or consent.
  9. Campaign Terms & Conditions: Knack reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Campaign should virus, bug, non-authorized human intervention, fraud, or other cause beyond Knack’s control corrupt or affect the administration, security, fairness, or proper conduct of the Campaign. In such case, Knack may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Knack. Knack reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Campaign or website or violates these Terms & Conditions. Knack has the right, in its sole discretion, to maintain the integrity of the Campaign, to void votes for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Campaign rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Campaign may be a violation of criminal and civil laws. Should such attempt be made, Knack reserves the right to seek damages to the fullest extent permitted by law.
  10. Limitation of Liability: By entering, You agree to release and hold harmless Knack and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrant’s participation in the Campaign and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error in the administration of the Promotion or the processing of entries.
  11. Disputes: THIS MONTHLY DRAWING PROMOTION IS GOVERNED BY THE LAWS OF THE UNITED STATES OF AMERICA AND WASHINGTON STATE WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Campaign, participant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Campaign, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Washington State having jurisdiction. Further, in any such dispute, under no circumstances shall participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Campaign). Participant further waives all rights to have damages multiplied or increased.
  12. Privacy Policy: Information submitted with an entry is subject to the Privacy Policy stated on the Knack website. To read the Privacy Policy, go to http://knackshops.com/pages/terms.
  13. Winners List: To obtain a copy of the names of winners of any Monthly Drawing or a copy of these Official Rules, mail your request, including the date of the Monthly Drawing in which you are interested, along with a stamped, self-addressed envelope to: Knack, 1306 E. Pike St., Seattle WA, 98112, U.S.A. List of winners will be available 15 business days after the conclusion of the previous monthly contest.
  14. Sponsor: The Sponsor of the Campaign is Knack, 1306 E. Pike St., Seattle WA, 98112, U.S.A.