TERMS AND CONDITIONS

EFFECTIVE JULY 2021

This website (the "Site") is owned and operated by Velvet, LLC ("Velvet"), the manufacturer of Studio Sunday branded goods and other fine products. The Site is provided as a service to our customers.  Please review the following terms and conditions of use which governs your use of the Site (the “Terms of Use”).

YOUR USE OF THIS SITE CONSTITUTES YOUR AGREEMENT TO THESE TERMS OF USE.  IF YOU DISAGREE WITH ANY PART OF THESE TERMS OF USE, THEN YOU SHOULD DISCONTINUE ACCESS AND USE OF THE SITE. 

ARBITRATION NOTICE:  EXCEPT IF YOU OPT-OUT AS DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT ANY DISPUTES BETWEEN YOU AND VELVET WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU FURTHER WAIVER YOUR RIGHT TO INITIATE OR PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS ACTION ARBITRATION.

AGE RESTRICTION

You must be at least 18 years old to accept these terms of Use and to use this Site.  This Site is not intended for users under the age of 18.  If you are under 18 and do not have consent to use this Site from your parents or legal guardian, you may not use this Site.

CHANGES TO TERMS OF USE

Velvet may change these Terms of Use from time to time.  If we make material changes to these Terms of Use, we will indicate on the updated Terms of Use that changes have been made.  Your continued use of the Site following any such change constitutes your agreement to the updated Terms of Use.  If you do not agree to or are not able to comply with the updated Terms of Use, you should discontinue your use of the Site.

PRIVACY POLICY

Velvet respects your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy, here.

USER INFORMATION

When you register an account or make a purchase on our Site or from one of our retail stores, you may be asked to provide certain details including, but not limited to, your name, address, birthday, gender, preferred shopping categories, email subscription lists, store location and e-mail address. By subscribing to our mailing list or filling out a customer information card, you may be able to receive information regarding promotions, events, sample sales, and more information about Velvet products. You may unsubscribe at any time by clicking the Unsubscribe button on the Site or by sending a request to unsubscribe to our offices via email at customercare@studiosunday.com.  Please also refer to Velvet’s Privacy Policy which describes how your information and user content will be handled.

SITE TRANSACTIONS

We reserve the right to accept or reject orders placed on our Site or limit or cancel quantities purchased per person, per household or per order.  In the event we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing address or phone number provided at the time the order was made.   

USE RESTRICTIONS

This Site is operated by Velvet from our offices in California, USA. Velvet makes no representations that the use or the content of the Site is appropriate or lawful in territories or jurisdictions outside of the United States or that any products are available outside of the United States. Use or access of this Site from countries or territories where the use of the Site or any of its content is illegal, unlawful, or violative of obscenity, privacy or other laws is strictly prohibited. Those who choose to access this Site from other countries or territories do so at their own risk and such users are solely responsible for compliance with applicable local laws and regulations.

OWNERSHIP OF SITE CONTENT

Unless otherwise stated, the text, software, images, graphics, logos, icons, photographs, images, illustrations, audio clips, video clips, design elements, product names, company names, copyrights and copyrightable materials, trademarks, trade dress, service marks and other Site content (collectively referred to herein as the "Site Content") are the exclusive property of Velvet or its licensors. Except where such permission is specifically granted, you may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Site Content, in whole or in part. You are granted permission to display, copy, distribute, and download Site Content solely for personal, non-commercial use provided that you make no modifications to the Site Content and that all copyright and other proprietary notices contained in the Site Content are retained.  Any permission granted under these Terms of Use terminates automatically without further notice if you breach any of the above terms. Upon such termination, you agree to immediately destroy any downloaded and/or printed materials. Any unauthorized use of any material contained on this Site may violate domestic and/or international copyright laws, the laws of privacy and publicity, and communications regulations and statutes.  Use of Site Content not specifically permitted under these Terms of use is strictly prohibited.   

CONTENT YOU POST

You may submit, offer, contribute, post or otherwise provide to the Site content, such as ideas, images, photographs, video clips, audio clips, graphics, tags, data, materials, information, and other submissions (collectively, “User Content”). You grant to Velvet a non-exclusive, transferable, sub-licensable, paid-up, royalty-free, worldwide license to use any User Content. This license includes, without limitation, the right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display the User Content (in whole or part) worldwide and/or to incorporate it in other works or materials in any form, media, or technology now known or later developed, in both digital and physical channels, for any purpose.  Velvet shall not be obligated to (i) to maintain User Content in confidence; (ii) pay you any compensation for User Content; (iii) credit or acknowledge you for User Content; or (iv) respond to User Content. You acknowledge and agree that it is your obligation to make sure the User Content does not violate the rights of any third party, including copyright, trademark, privacy or other rights. You also acknowledge and agree that User Content may not contain libelous or otherwise unlawful, abusive, obscene, violent, or otherwise objectionable material as determined by Velvet in its sole discretion. You may not use the Site or submit User Content to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other online services, whether or not such other services are competitive with Velvet.  Velvet shall have the right, but not the obligation, to monitor User Content, including User Content submitted to chat rooms and forums, to determine compliance with these Terms of Use or any rules or policies established by Velvet and to satisfy any law, regulation or authorized government request. Velvet shall have the right in its sole discretion to edit, refuse to post or remove any User Content submitted to or posted on the Site. Without limiting the foregoing, Velvet shall have the right to remove, at any time and without notice to you, any material that Velvet, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.  Velvet may use and/or disclose information about your demographics and use of the Site disclosed through User Content or otherwise in any manner that does not reveal your identity. 

LINKS TO OTHER WEBSITES AND SERVICES

To the extent that this Site contains links to outside services and resources, any concerns regarding any such service or resource, or any link included on this Site, should be directed to the particular outside service or resource. Velvet has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services.

WARRANTIES; DISCLAIMER

THIS SITE AND SITE CONTENT ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE, AND THAT VELVET SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.  SOME JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES. TO THE EXTENT APPLICABLE LOCAL LAW EXPRESSLY PROHIBITS SUCH EXCLUSIONS, ANY SUCH EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

INACCURACY DISCLAIMER

From time to time there may be information of a verbal, visual or other nature on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions or availability.  Velvet reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).  If you are not completely satisfied with your Velvet purchase, you may return it in accordance with our Return Policy.

NO LIABILITY

SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL VELVET OR ITS AFFILIATES OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS (1) BE LIABLE TO USERS WITH RESPECT TO USE OF THE SITE, THE SITE CONTENT, OR ANY DAMAGES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURES, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO VELVET’S RECORDS, PROGRAMS OR SERVICES; AND (2) BE LIABLE TO USERS FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF USER INFORMATION, OR THE INABILITY TO USE THE SITE OR ANY OF ITS FEATURES. THE USER’S SOLE REMEDY IS TO CEASE USE OF THE SITE.

INDEMNIFICATION

You agree to defend, indemnify and hold Velvet and its affiliates and their officers, directors, employees, agents and shareholders harmless from and against any and all claims, damages, costs and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with any of the following: (i) any text, materials or content of any kind that you contribute or post to the Site or your access to or use of this Site; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by Velvet in the defense of any claim. Velvet reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without Velvet’s prior written consent.

TERMINATION

These Terms of Use may be terminated by Velvet at any time without notice. In the event of termination, you are no longer authorized to access this Site and the restrictions imposed on you with respect to the Site Content as well as the disclaimers, limitations of liabilities, arbitration and class-action waiver set forth in this agreement and Velvet’s license to User Content, shall survive.

MANDATORY ARBITRATION OF DISPUTES

Unless you opt-out (as described below), you agree that all disputes between you and Velvet (whether or not such dispute involves a third party) with regard to your relationship with Velvet, including without limitation disputes related to these Terms of Use, your use of this Site, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association's rules for arbitration of consumer-related disputes and you and Velvet hereby expressly waive trial by jury. As an alternative, you may bring your claim in your local small claims court, if permitted by that court's rules, and only so long as such matter is pending in that court. You may bring claims only on your own behalf. Neither you nor Velvet will participate in a class action lawsuit or class action arbitration for any claims covered by these Terms of Use.  This dispute resolution provision will be governed by the Federal Arbitration Act. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use.  YOU MAY OPT OUT OF THIS AGREEMENT TO ARBITRATE. If you do so, neither you nor Velvet can require the other to participate in an arbitration proceeding. To opt out, you must notify Velvet in writing within thirty (30) days of the date that you first became subject to this arbitration provision. You must use this address to opt out:

Velvet, LLC

ATTN: Finance Department

3961 Landmark Street

Culver City, CA 90232

You must include your name and residence address, the email address you use for your Velvet account (if any), and a clear statement that you want to opt out of this arbitration agreement.  If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this arbitration provision will be null and void. This arbitration agreement will survive the termination of your relationship with Velvet.

GOVERNING LAW AND VENUE

These Terms of Use are governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.  These Terms of Use will specifically not be governed by the United Nations Convention on Contracts for the International Sale of Goods (if otherwise applicable).  For any action at law or in equity relating to the arbitration provision of these Terms of Use or if you opt out of the agreement to arbitrate, you agree to resolve any dispute you have with Velvet exclusively in a state or federal court located in Los Angeles, California, and to submit to the personal jurisdiction of the courts located in Los Angeles County for the purpose of litigating all such disputes.

TIME LIMITATION ON CLAIMS

You agree that any claim you may have arising out of or related to your relationship with Velvet must be filed within one (1) year after such claim arose; otherwise, your claim is permanently barred.

ENTIRE AGREEMENT

These Terms of Use and the Privacy Policy are the entire agreement between you and Velvet relating to the subject matter herein and shall not be modified except by Velvet in accordance with these Terms of Use. No employee, agent or other representative of Velvet has any authority to bind Velvet with respect to any statement, representation, warranty or other expression not specifically set forth in these Terms.

SEVERABILITY AND WAIVER

If any part of these Terms of Use are unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. The failure of a party to require performance of any provision will not affect such party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms of Use or any provision of these Terms of Use constitute a waiver of any subsequent breach or default or a waiver of the provision itself.

NOTICE OF COPYRIGHT INFRINGEMENT UNDER THE DIGITAL MILLENIUM COPYRIGHT ACT (DMCA)

We do not permit copyright infringing activities on the Site. We may remove any User Content (as defined in the “Content You Post” section above) if properly informed that the User Content infringe another's copyright rights. We may terminate the ability to submit User Content if, under appropriate circumstances, a person submitting User Content to the Site is determined to be a repeat infringer. If you are a copyright owner or an agent for such owner and believe that any User Content on the Site infringes your copyrights, you may notify us by providing the following information in writing to us at Velvet, LLC, ATTN.: Finance Department, 3961 Landmark Street, Culver City, CA 90232:

(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;

(2) Identification of the location where the original or an authorized copy of the copyrighted work exists;

(3) Identification of the User Content or material that is claimed to be infringing and a description of the infringing activity and information reasonably sufficient to permit Velvet to locate the same;

(4) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;

(5) A statement that you have a good faith belief that use of the User Content or material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(6) A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed.

If you fail to comply with all of the requirements above, your notice may not be valid.

COMMENTS

Velvet welcomes your comments. If you have questions or comments about our policies, feel free to send us an e-mail at customercare@studiosunday.com.

AUGUST 2021 GIVEAWAY

GIVEAWAY OFFICIAL RULES

NO PURCHASE NECESSARY. MAKING A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. BY PARTICIPATING, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO PLEASE READ THEM CAREFULLY.  

GIVEAWAY PERIOD, SPONSOR, AND ADMINISTRATOR: The “Studio Sunday August 2021 Giveaway” (the “Giveaway") begins on August 25th, 2021, at 7:00 am Pacific Standard Time (“PST”) and ends on August 31st, 2021, at 11:59 pm PDT (“Giveaway Period”). The sponsor and administrator of this Giveaway is Velvet LLC 3961 Landmark St. Culver City, CA 90232 (“Sponsor”).  

ELIGIBILITY: The Giveaway is open to residents of the United States who are at least eighteen (18) years of age at the time of entry (“Participant”). Employees of Sponsor,  and each of their respective agencies, shareholders, officers, directors, members, successors, agents and assigns, together with the Immediate Family Members and/or Household Members of such persons, are not eligible to participate in the Giveaway. For purposes of the Giveaway, "Household Members" shall mean those people who share the same residence at least three months a year, whether or not related; "Immediate Family Members" shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses, regardless of where they live. Void where restricted or prohibited by law. Participation constitutes Participant’s unconditional agreement to these “Official Rules” and to Sponsor’s decisions, which are final and binding in all matters related to the Giveaway. A Participant is not a winner of a prize until Participant’s eligibility as a Giveaway winner has been verified, Participant has been notified that verification is complete, Participant has submitted all required information within the stated time period, and Participant has otherwise complied with the terms and conditions of these Official Rules.


PRIZE:  Studio Sunday item valued up to $128 retail U.S. dollars (or equivalent) to be given to up to 350, eligible randomly drawn winners.

PRIZE RESTRICTIONS: The Sponsor is responsible for the fulfillment of  the Prizes as listed above, and the Sponsor has full discretion with respect to what products are used to fulfill each prize.  Winner may not be given the chance by Sponsor to select the size, color, type, if applicable, of the clothing or product to be awarded by Sponsor. Winner cannot ask Sponsor for exchanges, returns, gift card or store credit (or its equivalent), and must accept what Sponsor provide.  Sponsor makes no representation that the Winner will receive any specific products, unless otherwise expressly disclosed in these Official Rules, and makes no warranty or guaranty related to any prize. There is no substitution, transfer or cash equivalent for the Prize, or any portion of any prize, and the Prize must be accepted as awarded, except that the Sponsor may, at its sole discretion, substitute any portion or all of the Prize with a prize of comparable value or cash.  THE PRIZE IS AWARDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE). Any depictions of prizes are for illustrative purposes only. ALL FEDERAL, STATE AND LOCAL TAXES, AND ANY OTHER COSTS AND EXPENSES, ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNER.

WINNER SELECTION AND NOTIFICATION: Winners will be selected in a random drawing from all eligible entries received during the Giveaway Period shortly after the conclusion of the Giveaway Period. Odds of winning depend on the number of eligible entries received. Potential winners will be notified within approximately 72 hours after the end of the Giveaway Period and the winners will have until 11:59pm PDT on September 7th,, 2021, to redeem the Prize (provided that any time periods or dates in these Official Rules may be changed in the Sponsor’s discretion).  The failure to respond within the stated time period may result in forfeiture of the Prize and selection of alternate potential winners from the remaining eligible entries. Potential winners will be required to provide shipping details such as name, address, and phone number. If the Prize is awarded but goes unclaimed or is forfeited by recipient, the Prize may not be re-awarded, in Sponsor’s sole discretion. Sponsor reserves the right to disqualify anyone not fully complying with the Official Rules. Winners are solely responsible for all federal, state and/or local taxes, if applicable, and for any other fees or costs associated with the prize they receive. The stated approximate retail value of each prize is based on available information provided by the Sponsor and the value of the prize awarded to a winner may be reported for tax purposes as required by law. If a prize is valued at $600 or more, the winner must provide Sponsor with a valid social security number before the prize will be awarded for tax reporting purposes and an IRS Form-1099 may be issued for the actual value of the prize received. Other restrictions may apply.

CONDITIONS OF PARTICIPATION/RELEASES: All federal, state and local laws and regulations apply. By participating, each Participant agrees to be bound by these Official Rules and the decisions of the Sponsor, which shall be final in all respects. Each Participant (including each winner) agrees to release the Sponsor, and its  licensees, affiliates, subsidiaries, representatives, consultants, contractors, production partners, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, Web masters and their respective officers, directors, employees, representatives, designees and agents (collectively, the "Released Parties") from any and all actions, claims, injury, loss or damage arising in any manner, directly or indirectly, from participation in this Giveaway and/or acceptance or use or misuse of a prize.  The Released Parties shall not be liable for: (i) any injuries, losses, liabilities or damages of any kind including personal injury or death caused by the Prize, any prize included in the Prize, or any portion thereof, or resulting from acceptance, possession or use or misuse of a prize including participation in any activity related thereto, or from participation in the Giveaway; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of post or other materials; (iv) late, lost, delayed, stolen, misdirected, postage-due, incomplete, unreadable, inaccurate, garbled or unintelligible posts, communications or information, regardless of the method of transmission; (v) any inability of winner to accept or use any prize (or portion thereof) for any reason and such prize or portion thereof shall be forfeited; or (vi) any printing, typographical, human administrative or technological errors in any materials or activities associated with the Giveaway. Released Parties disclaim any liability for damage to any computer system resulting from participating in or accessing or downloading information in connection with this Giveaway. The failure of Released Parties to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsor (accepting compliance with applicable codes and regulations), or other “force majeure” event will not be considered a breach of these Official Rules. Sponsor reserve the right, in their sole discretion, to cancel, modify or suspend the Giveaway (or any portion of the Giveaway) at any time for any reason or should a virus, bug, computer problem, unauthorized intervention, extenuating circumstance or other problem/cause corrupt or inhibit the administration, security or proper or fair play of the Giveaway and, in such situation, will select one or more potential winners from eligible non-suspect posts received prior to and/or after such action or in such manner as deemed fair and appropriate by the Sponsor. Sponsor may prohibit Participant from participating in the Giveaway or winning a prize if, in its sole discretion, it determines Participant is attempting to undermine the legitimate operation of the Giveaway by cheating, hacking, deception, or any other unfair practices or intending to annoy, abuse, threaten or harass any other Participants or Sponsor. 

CAUTION: ANY ATTEMPT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE GIVEAWAY MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE GIVEAWAY. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.   BY PARTICIPATING IN THE GIVEAWAY, PARTICIPANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE GIVEAWAY, OR ANY AWARD AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED, (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; AND 3) 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 RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.

INDEMNITY: Each Participant (including each winner) shall indemnify, defend and hold harmless the Released Parties from and against any and all claims, damages, actions, liability, loss, injury or expense, including reasonable attorneys’ fees and costs, arising out of or in connection with: (a) participation in the Giveaway; (b) a breach or allegation which if true would constitute a breach of any of the representations, warranties or obligations herein; and (c) acceptance, possession, grant, or use or misuse of the Prize, any prize, and any portion thereof, including without limitation, personal injury, death and property damage arising therefrom.

GOVERNING LAW AND JURISDICTION: By participating, Participant agrees that (a) any and all disputes, claims and causes of action arising out of, or connected with, this Giveaway or any prize (if awarded to him/her) shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate state or federal court located in Los Angeles, California, and litigation and/or trials will be decided solely by a judge. PARTICIPANT WAIVES TRIAL BY JURY IN ANY SUCH ACTION(S); (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including but not limited to costs associated with entering this Giveaway, but in no event attorneys’ fees; and (c) to the extent allowed by applicable law, under no circumstances will entrants be permitted to obtain awards for, and entrants hereby waive all rights to claim, punitive, incidental and/or consequential damages and/or any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrants’ rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of California, without giving effect to any choice of law or conflict of law rules (whether of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than California.  Notwithstanding the foregoing, Sponsor may immediately seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect its rights or property (including intellectual property rights).

PUBLICITY RELEASE: Except where prohibited or restricted by law, winner’s acceptance of a Prize constitutes the winner’s agreement and consent for Sponsor and its successors, assigns, transferees, licensees, and sublicensees to use and/or publicize winner’s full name, city and state of residence, photographs or other likenesses, entry, pictures, portraits, voice, testimonials, biographical information (in whole or in part), statements made by winner regarding the Giveaway or Sponsors and any other information provided to Sponsor in connection with the Giveaway, worldwide and in perpetuity for any and all purposes, including, but not limited to, advertising, trade, syndication and/or promotion on behalf of Sponsors, in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable, digital or World Wide Web, without further limitation, restriction, compensation, notice, review, or approval, which rights winner acknowledges and agrees Sponsors can transfer, assign, license, and/or sublicense.

PRIVACY POLICY: By entering the Giveaway, Participants will be sharing their personal information with Sponsor, including their email addresses. By participating, you opt-in to allow Sponsor to use your email address to send you information about Sponsor’s products, including promotional and marketing materials. You may opt-out of receiving any such communications at any time by following the instructions set forth in the communications. By participating, Participants grant Sponsor permission to share their email address and any other personally identifiable information to enable Sponsor to administer the Giveaway and ship Prizes.  Information shared by participants with Sponsor are subject to Sponsor’s privacy policy located HERE.