Section I: MACY’S COLOR ME COOL PARTICIPATION TERMS
PLEASE READ THESE TERMS CAREFULLY. BY ACCEPTING AND PARTICIPATING IN THE MACY’S COLOR ME COOL CAMPAIGN IN ANY MANNER, INCLUDING WITHOUT LIMITATION BY ACCEPTING A MACY’S THANKSGIVING DAY PARADE® DIGITAL ART TROPHY, A COLOR ME COOL COMMEMORATIVE PARADE FIGURINE, OR ANY COLOR ME COOL COLLECTION NFT, OR BY PLAYING THE ONCYBER MINIGAME, YOU AGREE TO ALL TERMS OF THESE COLOR ME COOL PARTICIPATION TERMS. IF YOU DO NOT AGREE TO ALL TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD, COPY, ACCESS OR USE ANY PROVIDED MATERIAL. YOU SHOULD CHECK THESE TERMS EVERY TIME YOU USE ANY MACY’S COLOR ME COOL CAMPAIGN FEATURES, THE ONCYBER MINIGAME, ANY PROVIDED MATERIALS, OR OTHERWISE PARTICIPATE IN THE CAMPAIGN IN ANY FASHION.
The Color Me Cool campaign is sponsored by Macy’s Corporate Services, LLC, with an address at 151 West 34th Street, New York, NY 10001. By participating in the Color Me Cool campaign in any fashion, You agree that Your personal information will be processed according to our Privacy Policy, found at https://customerservice-macys.com/articles/highlights-of-macys-inc-notice-of-privacy-practices or any successor URL, as well as the Macy’s Legal Notice available at https://customerservice-macys.com/articles/legal-notice.
In addition to the terms and conditions set forth below, You specifically understand and agree as follows: (1) Macy’s has no obligation to maintain or offer, and makes absolutely no representations or guarantees about maintaining or offering, any aspect of the Color Me Cool promotion for any period of time whatsoever, and Macy’s shall be entitled to stop maintaining and/or offering any or all aspects of the Color Me Cool promotion at any time at its sole discretion; and (2) in connection with any video, audio, image, or other depiction or material that you upload or otherwise make available to Macy’s, including without limitation unboxing videos, photos, social media posts, or other content, images, or likenesses, whether your own or a third party’s, You specifically represent and warrant that You have all rights and consents required to provide them to Macy’s for Macy’s use as specified herein, and You specifically understand and agree that Macy’s may use, promote, cite, and copy any such aspect for Macy’s own commercial purposes, including without limitation for promotion of the Color Me Cool campaign.
If you have received a Macy’s Thanksgiving Day Parade® Digital Art Trophy (a "Digital Art Trophy") that you obtained either via the Macy's Oncyber Minigame or through any other method, Macy's may decide, at its sole discretion, to convert the Digital Art Trophy into a Macy's Color Me Cool NFT. If Macy's grants you a Color Me Cool NFT converted from a Digital Art Trophy, the timing and manner of doing so will be up to Macy's in its sole discretion.
Macy's makes any Provided Materials and those rights specified herein available to you based on your possession of the Digital Art Trophy, Color Me Cool NFT, or Color Me Cool Commemorative Parade Figurine. The licensing rights given to you in relation to any Provided Materials are dependent on your ownership of the foregoing and will be revoked if you ever transfer or can no longer prove that you own the foregoing.
An NFT is a non-fungible token. You are responsible for learning and understanding NFT and associated technologies in advance of acquiring any Color Me Cool NFT. If and for so long as Macy’s decides, in its sole discretion, to permit Macy’s Color Me Cool NFTs to be sold or traded, Macy’s is not responsible for any gas or transaction fees associated with any such sales or trades.
Your use of the Provided Materials, including without limitation the Oncyber Minigame, may be subject to usage restrictions and other limitations. It is Your sole responsibility to choose secure passwords for Your account, to regularly update Your password, to keep Your user login information and passwords confidential, and to limit access to these and any other unique credentials assigned to you. We do not take on any responsibility for any damage or loss that may occur as a result of unauthorized access to the Provided Materials and your account due to your lack of appropriate security measures to protect your account and credentials.
Subject to Your compliance with the terms of this Agreement, Macy's grants to you a personal, limited, revocable, non-transferable, non-sublicensable, non-exclusive license under Macy's copyrights for as long as you own the Macy’s Thanksgiving Day Parade® Digital Art Trophy, the Color Me Cool Commemorative Parade Figurine, and/or the Color Me Cool NFT. This license is strictly for personal, non-commercial use and allows you to: (a) download the Provided Materials and any Documentation to a computer that you own or control, (b) use and display the Color Me Cool NFT in accordance with these terms, (c) use the Documentation exclusively to exercise your license rights under this Agreement, and (d) create the least number of copies of the Provided Materials and Documentation required to exercise the licenses given in subsections (a), (b), (c) and (d), above.
If You have received a connectable physical item, including without limitation any Color Me Cool Commemorative Parade Figurine, and if You have received a Macy’s Color Me Cool NFT then, in addition to any other license rights under this Agreement and subject to Your compliance with this Agreement, Macy’s grants You under Macy’s’ applicable intellectual property rights, a personal, limited, revocable, non-transferable, non-sublicensable, non-exclusive license, solely for personal, non-commercial purposes to link the Color Me Cool Commemorative Parade Figurine to the Color Me Cool NFT in a fashion specified by Macy’s. YOU UNDERSTAND AND AGREE THAT THE COLOR ME COOL COMMEMORATIVE PARADE FIGURINE IS NOT A TOY AND IS NOT APPROPRIATE FOR USE BY CHILDREN UNDER THE AGE OF 18. YOU WILL, IN ACCORDANCE WITH SECTION 11, INDEMNIFY MACY’S FROM AND AGAINST ANY AND ALL ACTIONS (AS DEFINED BELOW) ARISING OUT OF YOUR PROVISION OF THE COLOR ME COOL COMMEMORATIVE PARADE FIGURINE TO CHILDREN.
If You have received a Color Me Cool Commemorative Parade Figurine, then, in addition to any other license rights under this Agreement and subject to Your compliance with this Agreement, Macy’s grants You under Macy’s’ applicable intellectual property rights a personal, limited, revocable, non-transferable, non-sublicensable, non-exclusive license, solely for personal, non-commercial purposes to (a) modify the Color Me Cool Commemorative Parade Figurine by physically affixing or imprinting your own fully original, non-infringing work on the Color Me Cool Commemorative Parade Figurine (which shall be a User Work, as defined below), and (b) upload images or depictions of the design for review by Macy’s and potential inclusion in the Color Me Cool NFT collection.
If You own a Color Me Cool NFT, Macy’s grants You under Macy’s’ copyrights, for so long as You own the Color Me Cool NFT, a personal, limited, revocable, non-transferable, non-sublicensable, non-exclusive license, solely for personal, non-commercial purposes to publicly display the Color Me Cool NFT or User Work for viewing online. Any rights under this Section may not be sublicensed to any third party except to the minimal extent necessary to enable a social media or other content publishing platform to display the Color Me Cool NFT posted by You, and then only for that limited purpose to the same extent as any other user content posted by You. For avoidance of doubt and without limitation, You may not publicly display or otherwise use any Color Me Cool NFT as part of or in connection with any other NFT, other cryptographic token or digital collectible except to the extent expressly permitted herein.
The rights granted under this Agreement may be exercised only for personal, non-commercial purposes and You do not have any license to, You will not, and You will not authorize, permit or assist any third party to, exercise any of the license rights granted herein in any way: (a) that results in direct or indirect, compensation, financial benefit or commercial gain of any kind to You, whether currently realized or to be provided in the future and regardless of the nature thereof (whether monetary, conveyance of assets, in-kind products or services or other item or service of value), or (b) for or in connection with any business, product or service (including without limitation any NFT, cryptographic token or other digital product or service), or in any manner that may imply endorsement of any business, message, product or service. For avoidance of doubt, any promotion of the products or services of Macy’s or its Affiliates that might occur incidental to or in connection with Your public display of any Color Me Cool NFT will not violate this Section.
Any use or attempted use of the Platform, the Provided Materials (including, without limitation, any Color Me Cool NFT) for or in connection with the following is prohibited: (i) for any unauthorized, fraudulent or malicious purpose; (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server; (iii) that could interfere with any other person’s or entity’s use and enjoyment of the Platform or Provided Materials; (iv) to gain unauthorized access to computer systems, software or networks connected to any server or systems or to any other accounts, including, without limitation, through hacking, password mining or any other means; (v) to access systems, data or information not intended by Macy’s to be made accessible to a user; (vi) to attempt to obtain any Content, materials or information through any means not intentionally made available by us; or (vii) for any use other than the purpose for which it was intended.
In connection with your use of the Platform and the Provided Materials, you shall at all times conduct yourself with due regard to the public conventions and morals, as determined by Macy’s in its sole discretion. Without limiting the generality of the foregoing, you shall not do or commit any act, omission, or other thing that, in Macy’s’ sole discretion, will tend to degrade Macy’s in society or bring Macy’s into public hatred, public disrepute, contempt, scorn, or ridicule, or that will tend to shock, insult or offend the community or public morals or decency or prejudice Macy’s or its public image in general.
In addition, in connection with your use of the Platform and Provided Materials, you agree that you will not (and will not attempt to):
Macy’s reserves the right to monitor the use of the Platform and the Services and to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of a user’s access and/or account, whether temporarily or permanently. Macy’s may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.
Except as may be expressly limited by the Privacy Policy, Macy’s reserves the right at all times to disclose any information as Macy’s deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Macy’s’ sole discretion. You also agree to reimburse Macy’s for any damage, loss, cost or expense Macy’s incurs (including, without limitation, fees or costs of attorneys, accountants, professional advisors, and other experts incurred in connection with the defense or settlement of the foregoing) because of your use of the Platform for any unlawful or prohibited purpose. Macy’s reserves the right to remove any user-submitted material that may be infringing on another person’s intellectual property rights with or without notice to the infringer and in accordance with applicable intellectual property or other laws, including, without limitation, the Digital Millennium Copyright Act (“DMCA”).
Any information, images, communications, or material of any type or nature that you submit to the Platform, or any of our pages contained on a social media platform or website by e-mail, chats, posting, messaging, uploading, downloading, or otherwise (collectively, a “Submission”) is done at your own risk and without any expectation of privacy.
Macy’s and its licensors retain all right, title and interest in the Provided Materials and all copyright or other intellectual property rights in any Provided Materials and any Content included within any Provided Materials. You do not acquire any ownership interest in any intellectual property that may be included within the Provided Materials (including for avoidance of doubt any Color Me Cool NFT) under this Agreement. Your use of any Embedded IP is limited to use in connection with the exercise of the license rights hereunder and subject to all limitations set forth herein and any other restrictions that Macy’s may inform You of in the future. You may not use any such Embedded IP in connection with any business, product or service, or in any manner that may imply endorsement of any business, message, product or service, or that is likely to cause confusion or dilute, blur or tarnish any Embedded IP. All use of any Embedded IP, including any goodwill generated by such use, will inure to the benefit of Macy’s and its Affiliates.
You agree to assign to Macy’s a perpetual, irrevocable, unlimited, worldwide, sublicensable, transferrable right and license to any copyright, trademark, patent, moral right, or any other intellectual property right that you may have or acquire in any works of authorship created by You as authorized under this Agreement ( “User Works” ). Notwithstanding the foregoing, You acknowledge and agree that as between You and Macy’s, any and all Provided Materials, and any other underlying work of authorship, as well as all copyright and other intellectual property right therein belongs to Macy’s (collectively, “Macy’s IP”) and no right or license to Macy’s IP is conveyed to you express as otherwise expressly stated herein. Further, You agree that any User Work is a derivative work of Macy’s IP, and that You have no right to copy, display, perform, modify, create derivative works of, transmit, distribute or otherwise exploit or use any such User Work except as expressly authorized in this Agreement. Other than any copyright You may have in any User Work, You will not have, and You will not assert or seek to register or obtain, any trademark or other intellectual or proprietary right in any User Work.
In addition to any other rights and remedies to which Macy’s may be entitled under contract, at law or in equity, if You breach any of Your obligations under this Agreement, all of Your license rights hereunder will immediately terminate without any requirement of notice. In addition, Macy’s may terminate any or all of Your license rights under this Agreement at any time with or without cause by written notice to You, and Your license rights will also terminate in the event You transfer the applicable Color Me Cool NFT to a third party or otherwise are not able to demonstrate ownership of a Color Me Cool NFT. Upon termination of Your license rights, You will immediately: (a) cease all use of any Provided Materials; (b) cease any exercise of any other rights under this Agreement; and (c) permanently delete, erase and destroy any Provided Materials and any User Works in Your possession or control. Upon termination of Your license rights Macy’s may disable or cause third parties to disable access or use of any Provided Materials, and User Works. Macy’s will have no obligation or liability to You for any such actions and You will not interfere with, or seek to prevent, any such actions.
You understand that Macy’s, its Affiliates and their respective licensors and licensees will continue to further modify and develop on any Provided Material, and may create works of authorship similar or identical to any User Work created by You. On behalf of Yourself and Your heirs, successors and assigns, You irrevocably and perpetually covenant and agree not to file or assert before any court or other government tribunal or authority, any claim, counterclaim, demand, action, suit or other proceeding alleging or asserting direct or indirect infringement or misappropriation of any copyright or other intellectual property right that You may have in any User Work or in any work of authorship created by a Designated Editor against (a) Macy’s, any Affiliate of Macy’s or any of its or their respective shareholders, directors, officers, employees, contractors, representatives, agents, licensors, licensees, distributors, resellers, or business partners, (b) any customers of any of the foregoing, or (c) any successor or assign of any of the foregoing.
Macy’s will have no responsibility or liability, and You hereby waive and release any and all claims, arising out of or in connection with (i) any blockchain or related technology, (ii) any digital wallet, NFT protocol, or similar technology or related service, (iii) the transfer or loss of any NFT or the inability to demonstrate ownership or control of any NFT, (iv) any marketplace or other platform for buying, selling or transferring any NFT other than the Macy’s Platform, (v) any software, platform or service provided by any third party or any technology related thereto, (vi) any User Work or other Content created by You, (vii) any computer, server, network device or other hardware or any Internet service provider or other telecommunications service or hardware, or (viii) any other service, equipment, technology or network or data transfer infrastructure not owned and controlled by Macy’s.
You will indemnify and hold harmless, and at Macy’s’ request defend, Macy’s and its Affiliates from and against any and all claims, demands, liabilities, damages, penalties, fines, taxes, costs and expenses (including without limitation reasonable attorneys’ fees and court costs) arising out of or in connection with (a) any breach of this Agreement or unauthorized use of any Provided Materials or Documentation, (b) Your ownership or transfer of any Color Me Cool NFT or other NFT offered or made available by Macy’s or any Affiliate of Macy’s, (c) any User Work or other Content created by You, including without limitation any claim that any such User Work or Content infringes the intellectual property rights of any third party, (d) any product or service provided by or on behalf of You, or with respect to which any of Provided Materials have been used, or any other commercial use of any of the foregoing, (e) exercise of any license rights hereunder by You, (f) any sublicense granted by You, or (g) any claim related to any agreement with You or any work of authorship created in connection with the Color Me Cool campaign.
Macy’s, its Affiliates, and their respective licensors make the Provided Materials and Content included within the Provided Materials available “AS IS”, “AS AVAILABLE” and expressly disclaim any and all representations or warranties of any kind, express or implied, including, without limitation, any warranties of title, non-infringement, merchantability, or fitness for a particular purpose and any warranties arising from course of performance, course of dealing or usage in trade. WE PROVIDE NO EXPRESS, IMPLIED OR STATUTORY WARRANTIES THAT YOU WILL BE ABLE TO ACCESS OR USE THE ONCYBER MINIGAME OR ANY PROVIDED MATERIALS AT THE TIMES OR LOCATIONS OF YOUR CHOOSING OR THAT A THEY WILL BE UNINTERRUPTED OR FREE OF ERRORS, BUGS, CORRUPTION, LOSS, INTERFERENCE, HACKING OR VIRUSES. ACCORDINGLY, WE ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OF THE ONCYBER MINIGAME, THE PROVIDED MATERIALS, OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE FOREGOING. WE ALSO MAKE NO GUARANTEE THAT THE FOREGOING WILL WORK WITH OR CAN BE ACCESSED ON ANY PARTICULAR DEVICES, PLATFORMS, OPERATING SYSTEMS OR EQUIPMENT, OR IN CONJUNCTION WITH ANY PARTICULAR SOFTWARE OR CONNECTIVITY SERVICES. WE DO NOT ACCEPT RESPONSIBILITY FOR SUCH EQUIPMENT, SOFTWARE OR SERVICES.
You agree to release and hold harmless Macy’s, its Affiliates, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and each of their respective parent companies and each such company’s officers, directors, employees and agents from any loss, claim or liability whatsoever suffered or incurred by any person including indirect, incidental, special, punitive or consequential damages of any kind in connection with or arising out of this (each, an “Action”), arising out of this Agreement or the subject matter thereof, including without limitation any Action pertaining to or arising out of any physical items associated with the Color Me Cool campaign. You acknowledge and agree that Macy’s shall in no event be liable for any Action arising out of this Agreement or the subject matter thereof, including without limitation the Macy’s Color Me Cool initiative.
YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS IT PERTAINS TO INDEMNIFICATION OBLIGATIONS HEREUNDER, INFRINGEMENT OF MACY’S OR ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS, OR ANY VIOLATIONS OF SECTION 5: (1) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN UNITED STATES DOLLARS ($10.00 USD), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (2) UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN ANY AWARD FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN UNITED STATES DOLLARS ($10.00 USD), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (3) YOUR REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND YOU IRREVOCABLY WAIVE ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
If You send or transmit any communications or materials to Macy’s by mail, email, telephone, or otherwise, suggesting or recommending changes, ideas, features, improvements, or other developments, including new functionalities relating thereto, or any comments, questions, suggestions, or the like (collectively, "Feedback"), Macy’s may use such Feedback without incurring any liability, fees, royalties, or other obligations to You. You hereby assigns to Macy’s all right and license to use, without any attribution or compensation to You or any other party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback. Macy’s is not required to use or implement any Feedback.
This Agreement may be supplemented or amended by additional terms provided with any Provided Material ( “Additional Terms” ). This Agreement, any Additional Terms and any terms expressly referenced or incorporated herein or in any Additional Terms constitute the entire agreement between You and Macy’s with respect to the subject matter hereof, and supersede any and all prior or contemporaneous written or oral agreements or understandings between You and Macy’s relating to the Provided Materials.
You are solely responsible for complying with any laws and regulations applicable to You or Your activities under this Agreement in the jurisdiction in which You reside.
All disputes, claims, controversies, or actions arising out of this Agreement shall be governed by and construed under the laws of the State of New York, without regard to conflicts of laws, principles or rules, and regardless of your location. Any dispute, claim, controversy, or other legal action that arises out of or relates to this Agreement must be commenced within one year after the cause of action arises. You agree to exclusive jurisdiction of the state and federal courts located in New York, New York for any such disputes, claims, controversies, or actions, and you expressly consent to personal jurisdiction there and waive any claims that venue is improper for any reason in these courts. EACH PARTY HEREBY EXPRESSLY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING BROUGHT BY OR AGAINST EITHER PARTY IN CONNECTION WITH THIS AGREEMENT.
This Agreement does not, and may not be construed to, create any partnership, joint venture, employment relationship, or agency between You and Macy’s or any of its Affiliates.
If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be enforced to the maximum extent permitted by law and otherwise deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provisions.
Any notice to be provided by Macy’s under or in connection with this Agreement may be provided through the Macy’s Platform or to the email address that You have provided.
Macy’s shall in no event be held liable or responsible for failure or delay in fulfilling or performing any action or obligation in connection with the Color Me Cool campaign to if such failure or delay is caused by or results from causes beyond the reasonable control of Macy’s including but not limited to fires, earthquakes, floods, embargoes, wars, acts of war (whether war be declared or not), insurrections, riots, civil commotions, strikes, lockouts or other labor disturbances, acts of God, technical or network failures, hacking or cyber attacks, or acts, omissions or delays in acting by any governmental authority.
The failure of Macy’s to insist upon or enforce strict performance of any of the provisions of this Agreement or to exercise any rights or remedies under this Agreement will not be construed as a waiver or relinquishment to any extent of Macy’s’ right to assert or rely upon any such provisions, rights or remedies in that or any other instance; rather, the same will be and remain in full force and effect.
You may not assign, transfer or otherwise dispose of this Agreement (including any rights or obligations hereunder), and any purported assignment, transfer or other disposition will be null and void.
Section II: Macy’s American Express Cardmember Color Me Cool Giveaway Terms
Eligibility: This offer is open to the first 1000 Macy’s American Express Card Cardmembers who claim the offer as set forth herein. Cardmembers must have their Card accounts open and in good standing at the time of the claim. Participants must be natural persons of at least 18 years old at the time of the claim, and must reside within the United States and its territories.
The Offer: The first 1000 eligible Cardmembers who successfully claim the offer, as determined by Macy’s in its sole and absolute discretion, will receive one (1) Macy’s Color Me Cool parade figurine. All such features and benefits may be subject to additional terms and conditions. Cardmembers agree to abide by all Color Me Cool Giveaway Terms as they may be modified or supplemented by Macy’s from time to time (the current version of the Color Me Cool Giveaway Terms are available above in ‘Section I’ and should be reviewed regularly), together with any other applicable terms and conditions in their receipt and use of the Color Me Cool parade figurine. The item cannot be exchanged for cash, credit, or other items.
Offer Period: The offer begins on November 22nd, 2023 at 12:01 AM EST and ends on December 15th, 2023 at 11:59 PM EST, or when the limit of 1000 claims has been reached, whichever comes first.
How to Claim: Eligible Cardmembers must create or log into their online Macy’s.com account and follow the instructions to claim the offer. The offer is limited to one per Cardmember, even if the Cardmember holds multiple eligible Cards.
Delivery: The Color Me Cool parade figurine will be shipped to the Cardmember's address on file or as otherwise specified at the time of the claim within a timeline of Macy’s choosing in Macy’s sole discretion. Macy’s and Citibank, N.A. are not responsible for any delay or failure in delivery due to incorrect or incomplete addresses or shipping carrier error.
Liability: By participating in this offer, Cardmembers agree to release and hold harmless Macy’s, American Express, Citibank, N.A., and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and each of their respective parent companies and each such company’s officers, directors, employees and agents from any loss, claim or liability whatsoever suffered or incurred by any person including indirect, incidental, special, punitive or consequential damages of any kind in connection with or arising out of this (each, an “Action”), arising out of participation in the offer or receipt or use or misuse of any prize. Participants acknowledge and agree that none of Macy’s, American Express, nor Citibank, N.A. is liable for any Action arising out of the Cardmember Color Me Cool Giveaway, including without limitation the Macy’s Color Me Cool initiative. BY ENTERING THE CARDMEMBER COLOR ME COOL GIVEAWAY, CARDMEMBER AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN UNITED STATES DOLLARS ($10.00 USD), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (2) UNDER NO CIRCUMSTANCES WILL ANY CARDMEMBER BE PERMITTED TO OBTAIN ANY AWARD FOR, AND CARDMEMBER HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN UNITED STATES DOLLARS ($10.00 USD), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (3) CARDMEMBERS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND CARDMEMBER IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
Data Privacy: By participating in this offer, Cardmembers consent to the use of their personal information by Macy’s, American Express, Citibank, N.A., and Cool Cats, and each of their vendors and affiliates for the purpose of administering the offer and in accordance with the Macy’s Privacy Policy.
Changes to the Offer: Macy’s reserves the right to cancel, modify, terminate, or suspend the offer at any time without prior notice, subject to applicable law.
Disputes: Any disputes, claims, controversies, or actions arising out of this offer will, as to Citibank, N.A., be resolved in accordance with the dispute resolution procedures in the applicable Cardmember agreement; and as to Macy’s, all disputes, claims, controversies, or actions arising out of this offer shall be governed by and construed under the laws of the State of New York, without regard to conflicts of laws, principles or rules, and regardless of your location. Any dispute, claim, controversy, or other legal action that arises out of or relates to these Macy’s Color Me Cool Giveaway Terms or the Color Me Cool Giveaway must be commenced within one year after the cause of action arises. You agree to exclusive jurisdiction of the state and federal courts located in New York, New York for any such disputes, claims, controversies, or actions, and you expressly consent to personal jurisdiction there and waive any claims that venue is improper for any reason in these courts.
Other: All trademarks are property of their respective owners. Participants understand and agree that the Color Me Cool parade figurine is not a toy and shall not be given to or left within reach of children. The invalidity or unenforceability of any provision of the Cardmember Color Me Cool Giveaway Terms will not affect the validity or enforceability of any other provision. The failure to enforce any term of the Cardmember Color Me Cool Giveaway Terms will not constitute a waiver of that provision. When terms such as "may" are used herein, Macy’s has sole and absolute discretion. Cardmembers agree to waive any rights to claim ambiguity of these or any other applicable terms. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof.
Section III:Parade Game (oncyber Mini-Game) Color Me Cool Giveaway Terms
Eligibility: This offer is open to participants who complete the Macy’s Thanksgiving Day Parade Game (Macy’s Oncyber Minigame) and who claim the offer as set forth herein. Participants must be residents of one of the United States and its territories. PARTICIPANTS MUST BE NATURAL PERSONS OF AT LEAST 18 YEARS OF AGE AT THE TIME OF THE CLAIM.
The Offer: The first 750 eligible participants who successfully claim the offer, as determined by Macy’s in its sole and absolute discretion, will receive one (1) Macy’s Color Me Cool parade figurine. Macy’s may also choose to make available digital Color Me Cool trophies (“Digital Trophies”) to participants who complete the Oncyber Minigame and successfully claim such Digital Trophy, as determined by Macy’s in its sole and absolute discretion. The Color Me Cool parade figurines and Digital Trophies may have additional features and benefits associated with them, as Macy’s may make available in its sole discretion. Any such features and benefits may be subject to additional terms and conditions. Participants agree to abide by all Color Me Cool Giveaway Terms as they may be modified or supplemented by Macy’s from time to time (the current version of the Color Me Cool Giveaway Terms are available above in ‘Section I’ and should be reviewed regularly), together with any other applicable terms and conditions in their receipt and use of the Color Me Cool parade figurine. No physical or digital item made available in connection with this Oncyber Minigame Color Me Cool Giveaway may be exchanged for cash, credit, or other items.
Offer Period: The offer begins on November 23rd, 2023 at 8:30 AM EST and ends on March 15th, 2023 at 11:59 PM EST, or, with respect to the Color Me Cool parade figurines, when the limit of 750 claims has been reached, whichever comes first.
How to Claim: Eligible participants must create or log into their online Macy’s.com account and follow the instructions to claim the offer. The offer is limited to one per participant, even if the participant completes the Oncyber Minigame multiple times.
Delivery: The Macy’s Color Me Cool parade figurine will be shipped to the participant's address on file or as otherwise specified at the time of the claim within a timeline of Macy’s choosing in Macy’s sole discretion. Macy’s is not responsible for any delay or failure in delivery due to incorrect or incomplete addresses or shipping carrier error.
Liability: By participating in this offer, participants agree to release and hold harmless Macy’s and its subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and each of their respective parent companies and each such company’s officers, directors, employees and agents from any loss, claim or liability whatsoever suffered or incurred by any person including indirect, incidental, special, punitive or consequential damages of any kind in connection with or arising out of this (each, an “Action”), arising out of participation in the offer or receipt or use or misuse of any Color Me Cool Giveaway prize. Participants acknowledge and agree that Macy’s is not liable for any Action arising out of the Participant Color Me Cool Giveaway, including without limitation the Macy’s Color Me Cool initiative. BY ENTERING THE PARTICIPANT COLOR ME COOL GIVEAWAY, PARTICIPANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN UNITED STATES DOLLARS ($10.00 USD), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (2) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN UNITED STATES DOLLARS ($10.00 USD), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (3) PARTICIPANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
Data Privacy: By participating in this offer, participants consent to the use of their personal information by Macy’s, Cool Cats, and each of their respective vendors and affiliates for the purpose of administering the offer and in accordance with the Macy’s Privacy Policy
Changes to the Offer: Macy’s reserves the right to cancel, modify, terminate, or suspend the offer at any time without prior notice, subject to applicable law.
Disputes: Any and all disputes, claims, controversies, or actions arising out of or relating to this offer shall be governed by and construed under the laws of the State of New York, without regard to conflicts of laws, principles or rules, and regardless of your location. Any dispute, claim, controversy, or other legal action brought by you that arises out of or relates to these Macy’s Color Me Cool Giveaway Terms or the Color Me Cool Giveaway must be commenced within one year after the cause of action arises. You agree to exclusive jurisdiction of the state and federal courts located in New York, New York for any such disputes, claims, controversies, or actions, and you expressly consent to personal jurisdiction there and waive any claims that venue is improper for any reason in these courts.
Other: All trademarks are property of their respective owners. Participants understand and agree that the Color Me Cool parade figurine is not a toy and shall not be given to or left within reach of children. The invalidity or unenforceability of any provision of the Participant Color Me Cool Giveaway Terms will not affect the validity or enforceability of any other provision. The failure to enforce any term of the Participant Color Me Cool Giveaway Terms will not constitute a waiver of that provision. When terms such as "may" are used herein, Macy’s has sole and absolute discretion. Participants agree to waive any rights to claim ambiguity of these or any other applicable terms. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof.
Section IV: Discord Color Me Cool Giveaway Terms
Eligibility: This offer is open to 125 individuals who successfully claim the offer as set forth herein. Recipients must have the Gallery Pass Holder Discord Role or the Trendsetter Discord Role or participate in Discord challenges, as defined by Macy’s in its sole discretion, to unlock the offer – with additional specifications for qualification to be defined in Discord. Each claim method may have different, shorter, claim times than the overall Discord Color Me Cool Giveaway offer program, which may not begin or end at the same time as the overall Discord Color Me Cool Giveaway offer program. See the applicable Discord channel(s) for further details. Recipients must be natural persons of at least 18 years old at the time of the claim, and must reside within the United States and its territories.
The Offer: Eligible Recipients who successfully claim the offer, as determined by Macy’s in its sole and absolute discretion, will receive one (1) Macy’s Color Me Cool Commemorative Parade Figurine. All such features and benefits may be subject to additional terms and conditions. Recipients agree to abide by all Color Me Cool Giveaway Terms as they may be modified or supplemented by Macy’s from time to time (the current version of the Color Me Cool Giveaway Terms are available above in ‘Section I’ and should be reviewed regularly), together with any other applicable terms and conditions in their receipt and use of the Color Me Cool Commemorative Parade Figurine. The item cannot be exchanged for cash, credit, or other items.
Offer Period: The offer begins on 11/22/23 at 12:01 AM EST and ends on 12/15/23 at 11:59 PM EST, or when the limit of 125 claims has been reached and items have been successfully redeemed, whichever comes first.
How to Claim: Eligible Recipients must create or log into their online Macy’s.com account and follow the instructions to claim the offer. All Color Me Cool Giveaway offers are limited to a total of one Color Me Cool Commemorative Parade Figurine per Recipient, regardless of the offer channel or basis for the claim.
Delivery: The Color Me Cool Commemorative Parade Figurine will be shipped to the Recipient's address on file or as otherwise specified at the time of the claim within a timeline of Macy’s choosing in Macy’s sole discretion. Macy’s is not responsible for any delay or failure in delivery due to incorrect or incomplete addresses or shipping carrier error.
Liability: By participating in this offer, Recipients agree to release and hold harmless Macy’s and its subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and each of their respective parent companies and each such company’s officers, directors, employees and agents from any loss, claim or liability whatsoever suffered or incurred by any person including indirect, incidental, special, punitive or consequential damages of any kind in connection with or arising out of this (each, an “Action”), arising out of participation in the offer or receipt or use or misuse of any prize. Recipients acknowledge and agree that Macy’s is in no way liable for any Action arising out of the Discord Color Me Cool Giveaway, including without limitation the Macy’s Color Me Cool initiative. BY PARTICIPATING IN THE DISCORD COLOR ME COOL GIVEAWAY, RECIPIENT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN UNITED STATES DOLLARS ($10.00 USD), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (2) UNDER NO CIRCUMSTANCES WILL ANY RECIPIENT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND RECIPIENT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN UNITED STATES DOLLARS ($10.00 USD), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (3) RECIPIENTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND RECIPIENT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
Data Privacy: By participating in this offer, Recipients consent to the use of their personal information by Macy’s and Cool Cats, and each of their vendors and affiliates for the purpose of administering the offer and in accordance with the Macy’s Privacy Policy.
Changes to the Offer: Macy’s reserves the right to cancel, modify, terminate, or suspend the offer at any time without prior notice, subject to applicable law.
Disputes: Any and all disputes, claims, controversies, or actions arising out of this offer shall be governed by and construed under the laws of the State of New York, without regard to conflicts of laws, principles or rules, and regardless of your location. Any dispute, claim, controversy, or other legal action that arises out of or relates to these Macy’s Color Me Cool Giveaway Terms or the Color Me Cool Giveaway must be commenced within one year after the cause of action arises. You agree to exclusive jurisdiction of the state and federal courts located in New York, New York for any such disputes, claims, controversies, or actions, and you expressly consent to personal jurisdiction there and waive any claims that venue is improper for any reason in these courts.
Other: All trademarks are property of their respective owners. Recipients understand and agree that the Color Me Cool Commemorative Parade Figurine is not a toy and shall not be given to or left within reach of children. The invalidity or unenforceability of any provision of the Discord Color Me Cool Giveaway Terms will not affect the validity or enforceability of any other provision. The failure to enforce any term of the Discord Color Me Cool Giveaway Terms will not constitute a waiver of that provision. When terms such as "may" are used herein, Macy’s has sole and absolute discretion. Recipients agree to waive any rights to claim ambiguity of these or any other applicable terms. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof.