Promotion Terms and Conditions

QI TEA GIFT WITH PURCHASE 2022 PROMOTION TERMS AND CONDITIONS HOW TO CLAIM A GIFT: During the period from May 2, 2022 through May 8, 2022, purchase any Ember Mug²: Metallic Collection and receive one (1) Qi Tea Sampler (each, a "Gift"), while supplies last. Your Gift will be shipped to the address provided in connection with your purchase of an Ember Mug²: Metallic Collection. RESTRICTIONS AND AVAILABILITY: Gifts are provided on a first come, first served basis while supplies last for the period from May 2, 2022 through May 8, 2022. The Gift is not for resale and will not be replaced if lost or stolen. Offer valid only for US purchases and shipped to valid US addresses. Offer will only appear if eligible products have been added to cart. OTHER RULES: The Qi Tea Sampler Gift with Purchase 2022 Promotion (the “Promotion”) is subject to all applicable laws and is void where prohibited. Gift recipients (each a "Recipient") assume all liability for any injuries or damage caused or claimed to be caused by participation in this Promotion or by the use or misuse of the Gift. If, in Ember Technology, Inc.’s (“Ember”) opinion, there is any suspected or actual evidence of fraud, electronic or non-electronic tampering or unauthorized intervention with any portion of this Promotion, or if fraud or technical difficulties of any sort (e.g., computer viruses, bugs) compromise the integrity of the Promotion, Ember reserves the right to terminate the Promotion and distribute the Gift in its sole discretion. Any attempt to deliberately damage Ember’s website or undermine the legitimate operation of the Promotion may be in violation of U.S. criminal and civil laws and will result in disqualification from the Promotion. Should such an attempt be made, Ember reserves the right to seek remedies and damages (including attorney's fees) to the fullest extent of the law, including pursuing criminal prosecution. DISCLAIMER: GIFTS ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT FURTHER WARRANTY OF ANY KIND. EMBER HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE GIFT. LIMITATION OF LIABILITY: BY PARTICIPATING IN THE PROMOTION, PARTICIPANTS, ON BEHALF OF THEMSELVES AND THEIR HEIRS, EXECUTORS, ASSIGNS AND REPRESENTATIVES, RELEASE AND HOLD EMBER, ONYX COFFEE LAB, AND THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AFFILIATED COMPANIES, UNITS AND DIVISIONS, AND THE CURRENT AND FORMER OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUCCESSORS AND ASSIGNS OF EACH OF THE FOREGOING, AND ALL THOSE ACTING UNDER THE AUTHORITY OF THE FOREGOING, OR ANY OF THEM (INCLUDING, BUT NOT LIMITED TO, ADVERTISING AND PROMOTIONAL AGENCIES AND GIFT SUPPLIERS) (EACH A "RELEASED PARTY"), HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, INJURY, LOSS, DAMAGES, LIABILTIES AND OBLIGATIONS OF ANY KIND WHATSOEVER (COLLECTIVELY, THE "CLAIMS") WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, WHICH PARTICIPANT EVER HAD, NOW HAVE, OR HEREAFTER CAN, SHALL OR MAY HAVE, AGAINST THE RELEASED PARTIES (OR ANY OF THEM), INCLUDING, BUT NOT LIMITED TO, CLAIMS ARISING FROM OR RELATED TO THE PROMOTION OR PARTICIPANT'S PARTICIPATION IN THE PROMOTION (INCLUDING, WITHOUT LIMITATION, CLAIMS RELATING TO THE RECEIPT, OWNERSHIP, USE, MISUSE, TRANSFER, SALE OR OTHER DISPOSITION OF THE GIFT.) All matters relating to the interpretation and application of these Terms and Conditions shall be decided by Ember in its sole discretion. DISPUTES: As a condition of participating in the Promotion, participants agree that any and all disputes that cannot be resolved between participant and Ember, and causes of action arising out of or connected with the Promotion or these Terms and Conditions, shall be resolved individually, without resort to any form of class action, exclusively before a court of competent jurisdiction located in the State of California and participant irrevocably consents to the jurisdiction of the federal and state courts located in the State of California with respect to any such dispute, cause of action, or other matter. All disputes will be governed and controlled by the laws of the State of California (without regard for its conflicts-of-laws principles). Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby irrevocably waives all rights to claim, punitive, incidental, or consequential damages, or any other damages, including attorneys' fees, other than participant's actual out-of-pocket expenses (i.e., costs incurred directly in connection with participant's participation in the Promotion), and participant further irrevocably waives all rights to have damages multiplied or increased, if any. EACH PARTY EXPRESSLY WAIVES ANY RIGHT TO A TRIAL BY JURY. All federal, state, and local laws and regulations apply. PRIVACY AND ADDITIONAL TERMS: Information collected from participants in connection with the Promotion is subject to Ember’s privacy policy, which may be found at https://ember.com/pages/privacy-policy.