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terms

Prizes

License and Right to Access

The Software and Services are the property of a third party or its licensors, and are protected by law, including applicable copyright law. Although the third party or its licensors continue to own the Software, after Customer’s acceptance of the Agreement, Customer has license rights to the Software and access rights to the Services during the Term all as set forth in the Agreement..

Restrictions

Customer agrees to the following restrictions:

Authorized Machines: 

The maximum number of Authorized Machines on which the Software may be installed and used is set forth in the Documentation based upon the edition of the Software or Services for which you have paid the required fees. You understand that you are only able to interact with Authorized Machines if a copy of the applicable Kemske Software has been loaded onto that machine. You may only install and use Kemske Server Software on Authorized Machines owned by you or your Affiliates. You may install and use copies of other Kemske Software on Authorized Machines owned by you or your Affiliates and on third-party Authorized Machines owned by your Third Party Clients.

You agree that you will not make the Software or Services available or accessible for use by any third person or entity other than your Affiliates or Kemske, either by means of a Hosted System or otherwise. Subject to the foregoing limitations and except as otherwise set forth in the Documentation, a copy of any Kemske Software that you install on one Authorized Machine may be moved by Kemske to a different Authorized Machine, it being understood that once you have installed and are using the maximum number of copies of the Kemske Software, you will not be able to move Kemske Software from an Authorized Machine without deleting the Software or any related account (i.e. on the Kemske Server) attributable to that Authorized Machine thereby eliminating further use of any Kemske Software on that machine.

Territory:

Customer will be billed under pricing schemes applicable to the Territory for the Software or Service.

License Keys:

You understand and agree that the Software and Service functionalities are enabled through the use of “license keys” issued by Kemske. For so long as you are not in breach or default with respect to any of your obligations to Kemske, Kemske will provide you with all license keys necessary to enable you to make normal use of the Software or Services that you have acquired. You agree that Kemske may disable or refuse to renew or replace license keys, rendering some or all aspects of the Software or Services unusable by you, at any time to enforce its rights under the Agreement.

Automated Tracking:

You understand that the Software and Services are programmed to track the number of deployed copies of Software, Authorized Machines, users and other usage and user related data, and you consent to such operations. You at all times will enable, and will not hinder, impede, alter, prevent, or otherwise distort, the operation of such tracking and reporting functions.

License Subject To Compliance:

Your license to the Software and right to access and use the Services are and shall at all times remain subject to your compliance with all of the terms and conditions of the Agreement, and shall terminate without notice by Kemske to you in the event of a breach by you of any of your obligations under this Section 2 or in the event of any infringement by you of any patents, copyrights, trade secrets or trademarks of Kemske.

Charges and Payment

Late Payments:

Except to the extent prohibited by law, we may assess a late charge if you do not pay on time. You must pay these late charges when we bill you for them. The late charge will be the lesser of 1.5% of the unpaid amount each month or the maximum rate that is permitted by law. We may use a third party to collect any amounts. You must pay for all reasonable costs we incur to collect any past due amounts which costs may include reasonable attorneys’ fees and other legal fees and costs. Any Kemske Entity may suspend, cancel or otherwise terminate your rights in whole or in part with respect to all Software or Services if you fail to pay in full on time for any Software or Service purchased from any Kemske Entity, including any failure to make an Installment or Subscription payment.

Subscription Pricing and Changes:

With respect to Software or Services on a Subscription basis, Customer agrees that Kemske may from time to time either increase or decrease the fee(s) for all or any portion thereof, and that any other fees are non refundable and nontransferable even if prices for related Software or Services are changed. If Customer adds Subscription Software or Services in the middle of a billing month, Customer may be charged in full for that billing month. such adjustment, when made by Kemske, shall apply effective at the expiration of the current Term to the applicable fees that Customer must pay. Customer’s sole remedy in such a case, if it does not wish to pay the adjusted fees, is to elect to terminate the Software or Service at the expiration of the current Term. Any one time, ongoing, or related account or

Taxes:

Kemske’s fees are exclusive of all taxes, fees, levies, duties or similar charges arising out of or relating to the Agreement, and you shall be responsible for payment of all such taxes, fees, levies, duties or similar fees, excluding only taxes based solely on Kemske’s income.

Term and Termination

Term and Auto-Renewal:

This Agreement and the rights granted herein shall remain effective in perpetuity unless terminated as set forth in the Agreement. Upon the expiration of the initial term, the Subscription will automatically renew for successive renewal terms equal in duration to the initial term at Kemske’s then current fees. Either party may terminate any such Subscription, effective only upon the expiration of the then current term, by notifying the other party in writing at least thirty (30) days prior to the expiration date of the current term. With respect to each Software or Service item, the current term shall be referred to as the “Term” herein.

Termination:

In addition to the rights otherwise set forth in the Agreement and not in limitation thereof, Kemske may terminate the Agreement and the rights granted herein in whole or in part with respect to all Software or Services upon written notice to Customer in the event of a material breach by Customer of the Agreement or any of its obligations to any Kemske entity, provided that if the breach is curable, the termination shall be effective only if the breach is not cured within ten (10) days following the Customer’s receipt of such written notice. Kemske may also terminate the Agreement and the rights granted herein if it chooses to eliminate the services covered in this Agreement in whole or in part from its product offering with 30 day written notice. Customer may terminate the Agreement with respect to the affected Software or Service upon written notice to Kemske in the event of a material breach by Kemske of the Agreement with respect to such Software or Service, provided that if the breach is curable, the termination shall be effective only if the breach is not cured within ten (10) days following the Kemske’s receipt of such written notice. Kemske will have no responsibility to notify any third party, of any termination or suspension of the Agreement, nor will Kemske have any liability for any consequences resulting from any termination, suspension or lack of notification.

Effect of Termination:

In the event of termination, cancellation, or expiration: Customer’s rights to the Software or the Services shall immediately terminate; Customer shall de-install and destroy all copies of Software (including any Documentation) in its possession or control; Customer shall pay Kemske for all amounts due through the effective date of termination, cancellation, expiration; all sections of the Agreement other than the license grant in Section 2 shall survive; and except where Customer terminates for Kemske’s breach Customer agrees to pay any future Installment or Subscription payments due for the entire Installment Schedule or Subscription Term, as applicable, as consideration for pricing accommodations and other consideration and as a fair approximation of damages and not as a penalty.

Privacy, Security, Customer Data & Service Suspension

Account Information and Customer:

Kemske does not claim ownership of any Customer Data. You hereby grant to Kemske a nonexclusive, worldwide, royalty-free, fully paid, transferable license to host, cache, record, copy, and display Customer Data solely for the purpose of providing the Software or Services. Except as set forth in the Agreement, as between you and Kemske, you retain all right, title, and interest in and to the Customer Data. You, not Kemske, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Data, and you agree that Kemske shall not be responsible or liable for the unauthorized access to, alteration of, or deletion, correction, destruction, corruption, damage, loss or failure to secure or store any Customer Data. You acknowledge that you bear sole responsibility for adequate security, protection and backup of Customer Data. Except for a termination for cause by Kemske, for 30 days after termination of the applicable Term, Kemske will continue to make available to you any Customer Data or other reports that are normally made available through the Software or Service. Other than as set forth in the preceding sentence, Kemske has no obligation to provide any information (including Customer Data) to Customer in any specific format. Kemske reserves the right to withhold, remove and/or discard Customer Data or other reports without notice for any breach, including, without limitation, your non-payment.

Representations and Warranties About Customer Data:

You represent, warrant and covenant that you: (A) are the owner or authorized licensee of any and all Customer Data and have the right to grant the rights set forth herein; and (B) will not publish, post, upload, record, or otherwise distribute or transmit Customer Data that: (1) infringes or would infringe any copyright, patent, trademark, trade secret, or other proprietary right of any party, or any rights of publicity or privacy of any party; (2) violates any law, statute, ordinance, or regulation (including without limitation the laws and regulations governing export control, unfair competition, anti-discrimination, or false advertising); (3) is inappropriate, profane, defamatory, libelous, obscene, indecent, threatening, harassing, or otherwise unlawful; (4) is harmful to minors or otherwise pornographic;(5) contains any viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software, data, or programs that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, personal information, or property of another; (6) is materially false, misleading, or inaccurate; and/or (7) contains information for which you do not have the right to permit Kemske to collect and process.

Third Party Clients and Responsibility for Accounts Generally:

You agree to furnish such information to Kemske, and to adopt and utilize (and to cause Third-Party Clients to adopt and utilize) such other measures as Kemske reasonably may prescribe, in order to assure that the Services are furnished by Kemske pursuant to this Agreement only to Third-Party Clients, if any, to whom you have a contractual obligation to provide such Services. You agree that the security of your account and of any network or system utilized by you is solely your own responsibility. You are responsible for maintaining the secrecy and security of your passwords and acknowledge and agree that Customer Data will be lost and irretrievable without your passwords. You are fully responsible for all activities that occur on your accounts, regardless of whether such activities are undertaken by you or a third party. Therefore, you further agree that if you believe that the security of your account or of any such network or system has been compromised in any way, you will notify Kemske immediately both by email and telephone. You agree not to interfere with the proper operation of any network or system utilized by Kemske (including but not limited to defeating identification procedures, obtaining access beyond that which you and Third-Party Clients are authorized for, and impairing the availability, reliability, or quality of service for other customers of Kemske) or with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You further agree not to use the Software or Services or knowingly to permit any Third-Party Client to use the Services for or in connection with any illegal or improper purpose or activities.

Downtime and Service Suspensions:

In addition to our rights to terminate or suspend Services to you as otherwise set forth in the Agreement, you acknowledge that: (i) we shall be entitled, to suspend access to any portion or all of the Services at any time: (a) for scheduled downtime to permit us to conduct maintenance or make modifications to any Service; (b) in the event of a denial of service attack or other attack on the Service or other event that we determine, in our sole discretion, may create a risk to the applicable Service, to you or to any of our other customers if the Service were not suspended; (c) in the event that we determine that any Service is prohibited by law or we otherwise determine that it is necessary or prudent to do so for legal or regulatory reasons; (d) if you engage in any conduct or activities that is in excess of average customer usage parameters including but not limited to your bandwidth, CPU or disk space usage and such usage by you is or may adversely affect the performance or availability of the Services, Kemske’s infrastructure or resources, or Kemske’s other customers incur as a result of any Service Suspension. To the extent we are able; we will endeavor to provide you notice of any Service Suspension, but shall have no liability for the manner in which we may do so or if we fail to do so or (e) if you engage in any conduct or activities that Kemske in good faith believes to be in violation of any of the terms and conditions in the Agreement; and (ii) your access to and use of the Services may be suspended for the duration of any unanticipated or unscheduled downtime or unavailability of any portion or all of the Services for any reason, including as a result of power outages, system failures or other interruptions (all of the foregoing collectively referred to as “Service Suspensions”). Except as may be set forth in an applicable service level agreement, the Kemske Entities shall have no liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that you may

General:

Maintenance is provided pursuant to Kemske’s Maintenance Policy which is part of the Documentation (“Maintenance”). Customers who purchase or are otherwise eligible for Maintenance will receive Update and Upgrade Maintenance releases as released by Kemske solely for the Software product covered by a valid Maintenance Subscription. Maintenance does not entitle the Customer to any new or enhanced products even if similar to the Software product purchased by Customer. Customer agrees to test any Update or Upgrade in Customer’s test environment and will only deploy an Update or Upgrade in Customer’s production environment at Customer’s sole risk once Customer is satisfied that the Update or Upgrade will not adversely affect Customer or its Third Party Clients.

Confidentiality

Each party agrees to hold the other party’s Confidential Information in confidence and not to use it for any purpose other than to provide or receive the Software and Services under the Agreement as applicable. Each party agrees to use the same standard of care to protect Confidential Information as it uses to protect its own similar confidential and proprietary information, but not less than a reasonable standard of care.
Confidential Information may only be disclosed to those Affiliates, employees, contractors and advisors of the Kemske Entities or the Customer, as applicable, on a need-to-know basis and who agree to be bound by confidentiality restrictions; provided that nothing herein shall prevent or prohibit a party from using or disclosing Confidential Information as may be required by law, rule, regulation or legal process.

Confidential Information remains at all times the property of the disclosing party. Unless otherwise explicitly set forth herein, no licenses or rights under any patent, copyright, trademark, or trade secret are granted or are to be implied with respect to Confidential Information.

Limited Warranty, Disclaimer of Warranties, Internet Delays, Exclusion of Damages, Limitation on Liability

Limited Warranty:

Kemske warrants that the Software when shipped or transmitted to you will operate substantially in accordance with the Documentation for a period of ninety (90) days from delivery to Customer’s sole and exclusive remedy and the entire liability of Kemske under this limited warranty will be at Kemske’s option, repair, replacement, or refund of the purchase price of the Service, in each case subject to the condition that any error or defect constituting a breach of this limited warranty is reported to Kemske within the limited ninety (90) day warranty period. This warranty does not apply if the Software, or any other equipment upon which the Software is authorized to be used:

(a) has been altered, except by Kemske or its authorized representative, (b) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by Kemske, (c) has been subjected to abnormal physical or electrical stress, abnormal environmental conditions, misuse, negligence, or accident; (d) is licensed for beta, evaluation, testing or demonstration purposes; or (e) any Software for which Kemske does not receive a license fee.

Disclaimer Of Warranties:

EXCEPT AS SET FORTH IN THE PRECEDING SECTION, ALL SOFTWARE AND SERVICES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” AND WITHOUT ANY WARRANTY. EACH OF THE KEMSKE ENTITIES HEREBY DISCLAIMS ALL WARRANTIES, CONDITIONS, AND DUTIES OF ANY KIND (IF ANY), EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY OF MERCHANT- ABILITY, OF FITNESS FOR ANY PARTICULAR PURPOSE, OF ACCURACY, OF SYSTEM INTEGRATION OR COMPATIBILITY, OF WORKMANLIKE EFFORT, OR OF NON–NEGLIGENT PERFORMANCE. THE FOREGOING DISCLAIMERS INCLUDE, WITHOUT LIMITATION, ANY WARRANTY, DUTY, OR CONDITION THAT:

THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED, RELIABLE, AVAILABLE AT ANY PARTICULAR TIME, SECURE, ERROR-FREE, VIRUS-FREE, OR CORRESPOND TO ANY CONDITION; THAT MESSAGES OR REQUESTS WILL BE DELIVERED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SOFTWARE OR SERVICES, ANY CONTENT, SYSTEMS, SERVERS, AND INFORMATION THAT IS IN OR UTILIZED BY THE SOFTWARE AND/OR SERVICES WILL BE FREE OF HARMFUL ASPECTS. ALSO, THERE IS NO WARRANTY OF TITLE OR AGAINST INTERFERENCE WITH ANYONE’S ENJOYMENT OF THE SOFTWARE OR SERVICES OR AGAINST INFRINGEMENT.

 

  • Internet. SERVICES MAY BE SUBJECT TO LIMITATIONS, SECURITY RISKS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICA KEMSKE ENTITIES ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, SECURITY BREACHES OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

 

Exclusion Of Certain Damages.

    YOU AGREE THAT THE FOLLOWING DAMAGES ARE EXCLUDED AND THAT YOU WILL NOT BE ENTITLED TO ANY OF THEM: ALL SPECIAL, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES; DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMA- TION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, OR FOR NEGLIGENCE OR NEGLIGENT MISREPRESENTATION; AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER OTHER THAN “DIRECT DAMAGES” AS DESCRIBED BELOW. THE FOREGOING DAMAGES WILL BE EXCLUDED EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT OR PRODUCT LI- ABILITY, AND/OR BREACH OF CONTRACT OF KEMSKE OR ANY OF THE OTHER KEMSKE ENTITIES, AND EVEN IF KEMSKE OR ANY OF THE KEMSKE ENTITIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THESE EXCLUSIONS AND THE BELOW LIMITATION ON LIABILITY WILL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

 

Limitation On Liability.

    EXCEPT FOR DAMAGES THAT ARE REQUIRED BY LAW TO BE PAID AND CANNOT BE LIMITED BY CONTRACT, YOU AGREE THAT ALL DAMAGES ARE EXCLUDED EXCEPT FOR THE DIRECT DAMAGES THAT ARE ACTUALLY INCURRED BY YOU IN REASONABLE RELIANCE: (A) FOR SOFTWARE UP TO THE GREATER OF THE AMOUNT OF A REFUND OF THE PRICE THAT YOU ACTUALLY PAID FOR THE APPLICABLE SOFTWARE IMMEDIATELY PRECEDING THE FILING OF SUCH CLAIM REGARDLESS OF THE FORM OF ACTION OR CLAIM (E.G., CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, FRAUD, OR OTHER LEGAL THEORY) AND ONE DOLLAR (US $1.00); AND (B) FOR SERVICES UP TO THE GREATER OF THE AMOUNT OF A REFUND OF THE PRICE THAT YOU ACTUALLY PAID FOR THE APPLICABLE SERVICES DURING FOR THE SERVICES TERM IMMEDIATELY PRECEDING THE FILING OF SUCH CLAIM REGARDLESS OF THE FORM OF ACTION OR CLAIM (E.G., CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, FRAUD, OR OTHER LEGAL THEORY) AND ONE DOLLAR (US $1.00).

 

    Customer agrees that the limitations of liability and disclaimers set forth herein will apply regardless of whether Customer has accepted the Software or Services. Customer acknowledges and agrees that Kemske has set its prices and entered into the Agreement in reliance upon the disclaimers of warranty and the limitations of liability set forth herein, that the same reflect an allocation of risk between the parties (including the risk that a contract remedy may fail of its essential purpose and cause consequential loss), and that the same form an essential basis of the bargain between the parties. Customer understands, acknowledges and agrees that if Kemske takes any corrective action because of an action of Customer or any Third-Party Clients, that corrective action may adversely affect other Third-Party Clients, and Customer agrees that Kemske shall have no liability to you, or to any Third-Party Clients, or any other third party due to such corrective action by Kemske. The limitations and exclusions provided for by this section reflect an informed and voluntary allocation of risks between the parties and applies to risks both known and unknown that may exist in connection with the Agreement.

Indemnity

You agree to defend, indemnify, and hold harmless each of the Kemske Entities from and against any and all claims, liabilities, damages, and/or costs (including, but not limited to, fees, costs and other expenses of attorneys and expert witnesses) arising out of or related to: any actual or alleged violation of the Agreement or applicable law, rule or regulation by you or any person accessing or using the Software or Services by or through you (including Third Party Clients); any actual or alleged infringement or violation by you or any person accessing or using the Software or Services by or through you of any intellectual property or privacy or other right of any person or entity (including Third Party Clients); or any claims by Third Party Clients or arising out of or relating to Customer’s relationship with any Third Party Client.

Miscellaneous

Choice of Law:

 The Agreement shall be governed by Minnesota law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with the Agreement or the Software or Services shall be subject to the exclusive jurisdiction of the state and federal courts located in Minnesota.

Assignment:

No party may assign the Agreement, or any rights or obligations hereunder, whether by contract, operation of law, or otherwise without the express written consent of the other party to the Agreement., Any purported assignment in violation of this section shall be void.

Force Majeure:

Kemske’s performance of the Agreement is subject to existing laws and legal process, and you agree that Kemske may comply with law enforcement or regulatory requests or requirements notwithstanding any contrary term of the Agreement. Each party’s obligation to perform its obligations hereunder (other than your obligation to pay fees when due) shall be suspended during any period that the party is rendered incapable of performing by virtue of any criminal acts of third parties, war, viruses, acts of public enemies, severe weather conditions, utility failures, strikes or other labor disturbances, fires, floods, other natural disasters, other acts of God, unforeseeable acts of employees, telecommunication or interruption of Internet service, or any causes of like or different kind beyond any reasonable control of the party.

Waiver:

The failure of either party to insist in any instance upon any payment or performance when due by the other party, shall not relieve such other party of its any of obligations with respect to such performance, or constitute a waiver of such party’s right to insist upon the full and timely performance in the future of any of the other party’s obligations under the Agreement.

Severability

If any of the provisions of the Agreement shall be held by a court of competent jurisdiction for any reason to be unenforceable by reason of being excessively broad, or excessively narrow or limited, in its scope or duration, the offending provision(s) automatically shall be deemed amended so as to be as broad as is permissible (if the unenforceability is due to excessive breadth) or as narrow or limited (if the unenforceability is due to excessive narrowness or limitation) as is permitted by applicable law. The unenforceability or invalidity of any one provision shall not affect the remainder of the Agreement, which shall continue in full force and effect. Entire Agreement. The Agreement (including these Terms and Conditions, the Documentation, and the other items referenced herein and therein) constitutes the entire agreement between Kemske and you with respect to the Software and Services and supersedes all other (prior or contemporaneous) communications and proposals, whether electronic, oral, or non-electronic, between Kemske and you regarding them. You agree that any terms or conditions contained in any document, including but not limited to a purchase order, acknowledgement, email, or other document that you may now or later provide to Kemske, will have no effect and that the Agreement is the only contract between Kemske and you regarding the Software and Services and may only be amended as set forth herein. A printed version of the Agreement and of any notice given to you in electronic form will be admissible in judicial or administrative proceedings based upon or relating to the Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Amendments:

Kemske may, at any time, amend the provisions of the Agreement and/or the Privacy Statement, and you may accept the amended provisions in the manner indicated in the amendment notice as communicated by Kemske.

DEFINITIONS:

All capitalized terms defined in the Agreement have the meanings as defined herein. In addition, as used in the Agreement the following terms shall be defined as set forth below:

  1. “Affiliates” means any legal entity that a party owns, which owns the party, or which is under common ownership with the party. “Ownership” means, for the purposes of this definition, more than 50% ownership.
  2. “Authorized Machine” means a machine in the Territory meeting the license restrictions herein and the minimum requirements set forth in the Documentation and for which Customer has paid the required fees.
  3. “Confidential Information” means the proprietary and non-public: technical, financial, marketing, staffing and business information; business strategies, marketing plans, industry and competitive information; technology and pricing information; employee and personal information; and the trade secrets of the Kemske Entities on the one hand or the Customer and its Third Party Clients on the other hand. Confidential Information does not include information that: (a) was or becomes publicly available or in a party’s possession without breach of the Agreement; (b) is developed by a party independently of and without reference to the other’s Confidential Information; or (c) is rightfully obtained by a party from third parties authorized to make such disclosure.

Current Prize Giveaway – 2-1-16 thru 3-31-16
‘Ugly Chair Contest”

All images used in this promotion are compliant to promotional agreement.

Products must be picked up within 30 days.

Participants must be residents of Minnesota.

Employees of Jase Solutions (DBA Kemske) and their immediate families are not eligible to participate.

No Purchase Necessary.

By registering for this prize, you agree to allow Kemske to use your name in announcing a prize winner.

Emails used to register for prizes may be used in future promotional mailing lists. Kemske will NEVER sell your email.

One Entry per person, per week is allowed.

NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.

  1. Eligibility: Sweepstakes (the “Sweepstakes”) is open only to those who sign up at the Kemske web page or in the store and who are legal voting age as of the date of entry. The sweepstakes is only open to legal residents of  United States and is void where prohibited by law. Employees of Kemske, JASE Solutions or LandS Realestate (the “Sponsor”) their respective affiliates, subsidiaries, advertising and promotion agencies, suppliers and their immediate family members and/or those living in the same household of each are not eligible to participate in the Sweepstakes. The Sweepstakes is subject to all applicable federal, state and local laws and regulations. Void where prohibited.
  2. Agreement to Rules: By participating, you agree to be fully unconditionally bound by these Rules, and you represent and warrant that you meet the eligibility requirements set forth herein. In addition, you agree to accept the decisions of Kemske, as final and binding as it relates to the content. The Sweepstakes is subject to all applicable federal, state and local laws.

 

  1. Sweepstakes Period: Entries will be accepted online starting on or about 2/1/20156and ending 3/31/16.
  2. How to Enter: The Sweepstakes must be entered by submitting an entry using the online form provided on this Sweepstakes site. The entry must fulfill all sweepstakes requirements, as specified, to be eligible to win a prize. Entries that are not complete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Kemske. You may enter one time per day, you must fill in the information requested. You may not enter more times than indicated by using multiple email addresses, identities or devices in an attempt to circumvent the rules. If you use fraudulent methods or otherwise attempt to circumvent the rules your submission may be removed from eligibility at the sole discretion of Kemske.

 

  1. Prizes: Winners will receive a new office chair called at $339.00. Actual/appraised value may differ at time of prize award. The specifics of the prize shall be solely determined by the Sponsor. No cash or other prize substitution permitted except at Sponsor’s discretion. The prize is nontransferable. Any and all prize related expenses, including without limitation any and all federal, state, and/or local taxes shall be the sole responsibility of the winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by winners is permitted. Acceptance of prize constitutes permission for Kemske to use winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
  2. Odds: The odds of winning depend on the number of eligible entries received.

 

  1. Winner selection and notification: Winners of the Sweepstakes will be selected via a voting process under the supervision of the Sponsor. Winners will be notified via email to the email address they entered the Sweepstakes with within five (5) days following the winner selection. Kemske shall have no liability for a winner’s failure to receive notices due to winners’ spam, junk e-mail or other security settings or for winners’ provision of incorrect or otherwise non-functioning contact information. If the selected winner cannot be contacted, is ineligible, fails to claim the prize within 15 days from the time award notification was sent, or fails to timely return a completed and executed declaration and releases as required, prize may be forfeited and an alternate winner selected.

 

The receipt by winner of the prize offered in this Sweepstakes is conditioned upon compliance with any and all federal and state laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER (AT SPONSOR’S SOLE DISCRETION) WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS WINNER OF THE SWEEPSTAKES AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.

 

  1. Rights Granted by you: By entering this content you understand that Kemske, anyone acting on behalf of Kemske, or its respective licensees, successors and assigns will have the right, where permitted by law, without any further notice, review or consent to print, publish, broadcast, distribute, and use, worldwide in any media now known or hereafter in perpetuity and throughout the World, your entry, including, without limitation, the entry and winner’s name, portrait, picture, voice, likeness, image or statements about the Sweepstakes, and biographical information as news, publicity or information and for trade, advertising, public relations and promotional purposes without any further compensation.
  2. Terms: Kemske reserves the right, in its sole discretion to cancel, terminate, modify or suspend the Sweepstakes should (in its sole discretion) a virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Sweepstakes. In such case, Kemske may select the recipients from all eligible entries received prior to and/or after (if appropriate) the action taken by Kemske. Kemske reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Sweepstakes or website or violates these Terms & Conditions.

Kemske has the right, in its sole discretion, to maintain the integrity of the Sweepstakes, 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 sweepstakes rules; or the use of bots, macros or scripts or other technical means for entering.

Any attempt by an entrant to deliberately damage any web site or undermine the legitimate operation of the sweepstakes may be a violation of criminal and civil laws and should such an attempt be made, Kemske reserves the right to seek damages from any such person to the fullest extent permitted by law. By entering the Sweepstakes you agree to receive email newsletters periodically from Kemske. You can opt-out of receiving this communication at any time by clicking the unsubscribe link in the newsletter.

  1. Limitation of Liability: By entering you agree to release and hold harmless Kemske 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 sweepstakes 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 malfunctioning of any computer, cable, network, hardware or software; (iii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error which may occur in the administration of the Promotion or the processing of entries.
  2. Disputes: THIS SWEEPSTAKES IS GOVERNED BY THE LAWS OF United States AND Minnesota WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Sweepstakes, participant agrees that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with this Sweepstakes, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Minnesota having jurisdiction. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys’ fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Sweepstakes), and participant further waives all rights to have damages multiplied or increased.
  3. Privacy Policy:  Information submitted with an entry is subject to the Privacy Policy stated on the Kemske Web Site.
  4. 13. Winners List: To obtain a copy of the winner’s name or a copy of these Official Rules, mail your request along with a stamped, self-addressed envelope to: Kemske 509 Center Street, New Ulm, MN 56073. Requests must be received no later than 1/1/16
  5. Sponsor:  The Sponsor of the Sweepstakes is Kemske 509 Center Street, New Ulm, MN 56073.

Free Lunch:

  1. Kemske Facebook promotion ‘Free Lunch’
  2. The official rules Participants must ‘Like’ and/or ‘Share’ the post to be entered into the post. Employees of Kemske and featured sponsor are not eligible to win.
  3. Offer terms and eligibility requirements (ex: age and residency restrictions); Must be over 18 to participate and must be a legal resident on Minnesota.
  4. Compliance with applicable rules and regulations governing the promotion and all prizes offered (ex: registration and obtaining necessary regulatory approvals)
  5. Facebook release Statement:
  6. A complete release of Facebook by each entrant or participant.
  7. This promotion is in no way sponsored, endorsed or administered by, or associated with Facebook.
  8. Promotions may be administered on Pages or within apps on Facebook. Personal Timelines and friend connections must not be used to administer promotions share on your friend’s Timeline to get additional entries”, and “tag your friends in this post to enter” are not permitted).

11-22-16
Free Shredder Giveaway

No Purchase Necessary
Entry Dates: 12-1-16 – 12-23-16
Must be at least 18 years to participate
Must be a legal resident of Minnesota
Prize winner to be announced via Facebook
Winner allows name and photo(s) to be used in current and future promotions.