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LAST REVISED: 5/22/18
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT YOU MUST NEITHER ACCESS NOR USE OUR SITES.
a. General. Our Sites enable you to organically discover products, services and brands (“Merchandise”) that are relevant to your interests. You may also learn about our specials and promotions, sign up for our newsletter and marketing emails, and communicate with us through any Site. You may use any Site as a guest; however, certain features of our Sites require you to create an Account (“defined below”). When you authorize a transaction as a guest or through your Account you warrant that all information used in connection with the Site is accurate and true.
b. Registration. To register you must create a user account by providing a valid email address and creating a unique password (“Account”). You may also log-in and create an account with your Facebook account. You are solely responsible for: (i) maintaining the confidentiality of your user name and password; (ii) ensuring all information used in connection with the Site is accurate and current; and (iii) any activity you conduct through your Account, whether by you or someone else. You must immediately notify us of any unauthorized use of your Account. We reserve the right, in our sole discretion, to terminate or suspend your Account.
You must provide us with your full legal name, an active telephone, a valid credit card and current address to make a transaction through Site. All payments are processed by PayPal (https://paypal.com) and Stripe (https://stripe.com/) and are subject to additional provisions. We will send you a confirmation email confirming that your request has been processed and that payment was received. In the event we ship item(s) to you we will send a confirmation email to you regarding the same.
All returns are subject to our return policy located at: https://support.stackcommerce.com.
From time to time we may make sweepstakes, contests, or other promotions available through our Sites (“Promotion”) that require you to register and accept additional provisions to participate. Please review the applicable rules, terms, and disclaimers that govern each Promotion and understand that participation is your unconditional agreement and acceptance thereto.
Site. We hereby grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable, license to access and use our Site as expressly permitted herein. Except for this limited license we do not grant you any other rights or license. We reserve all rights not expressly granted herein.
Your Content. You hereby grant to us and our owners, affiliates, representatives, licensees, licensors and assigns a non-exclusive, fully-paid, royalty-free, world-wide, universal, transferable license to use, distribute, store, transmit reproduce any information you submit in connection with the use of our Site (“Your Content”) to: (i) make the Site available to you; (ii) manage your Account; (iii) address questions and issues; and (iv) process purchases. You hereby represent and warrant that you own all rights to Your Content or, alternatively, that you have the right to give us the license described above. You represent and warrant that Your Content does not infringe on the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third-party.
You are prohibited from violating or attempting to violate the security or integrity of our Sites or otherwise violating or infringing our rights or the rights of others who use our Sites and agree not to do the following:
use any “deep-link,” “robot,” or other automatic or manual device, software, program, code, algorithm or methodology, to access, copy, or monitor any portion of a Site, or in any way reproduce or circumvent the navigational structure or presentation of a Site, or obtain or attempt to obtain any materials or information through any means not purposely made available by us through a Site;
gain or attempt to gain unauthorized access to any portion or feature of our Site, or any other system or network connected to our Sites or to any of our third-party business partners’ servers, systems or networks, by hacking, “password-mining” or using any other illegitimate method of accessing data;
probe, scan, or test the vulnerability of any Site or any network connected to our Sites;
take any action that would cause an unreasonably or disproportionately large load on the infrastructure of any Site or our systems or networks, or any systems or networks connected to our Sites or to us in an attempt to overwhelm our systems to create a “Denial of Service” or similar attack;
use any device, technology or method to interfere or attempt to interfere with the proper functioning of our Sites;
not to make any false or misleading statements in connection with your use of our Sites;
use our Sites in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
restrict or inhibit any other user from using and enjoying our Sites; and/or
violate any applicable laws or regulations.
WE RESERVE THE RIGHT TO IMMEDIATELY TERMINATE YOUR USE OF OUR SITE AND/OR YOUR ACCOUNT (IN OUR SOLE DISCRETION) IF WE DETERMINE THAT YOUR USE OF THE SITE IS IMPROPER OR IN VIOLATION OF ANY PROVISION OF THE AGREEMENT.
The design of our Sites and created text, scripts, graphics, interactive features and the trademarks, service marks and logos contained therein ("Our Content"), are owned by or licensed to us and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. You agree not to engage in the use, copying, or distributing any of Our Content contained on our Sites.
We care about our community and strive to incorporate Web Content Accessibility Guidelines 2.0 (WCAG) and other measures to assist with making our Site user friendly and accessible to visitors with disabilities. WCAG principals provide for website content to be perceivable, operable, understandable, and robust. Not all WCAG principals are operational and you understand that the application and use of WCAG recommendations will vary based upon the dynamic nature of the content on our Site.
Please contact us by e-mail at firstname.lastname@example.org for assistance Site accessibility and with placing an order.
OUR SITES ARE PROVIDED TO YOU AS IS. WE EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) ANY SITE WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF ANY SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF ANY SITE WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN OUR SITES WILL BE CORRECTED.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE, THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED PROVISION.
YOUR USE OF OUR SITES IS ENTIRELY AT YOUR SOLE RISK. NEITHER WE NOR OUR OWNERS, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, AND/OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH YOU MAY INCUR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE ANY SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.
You agree to defend and indemnify us and our affiliates, employees, officers, directors, shareholders and agents from and against any third party claim, including reasonable attorneys’ fees, court costs, settlements, and disbursements, from or relation to (i) Your Content; (ii) your use of any Site; (iii) your violation of any term of this Agreement; (iii) your violation of any third party rights; (iv) your violation of applicable law; and/or (v) use of any services provided by third party service providers. You may not settle or compromise any claim without our prior written consent.
You may terminate your participation at any time by discontinuing use of our Site. If you have a dispute with us relating to the Site, immediately cease all use of our Site. Ceasing use of the Site is your only remedy with respect to any dispute that you may have with us. The following Sections shall survive termination of the Agreement or your use of our Site: 5(b); 6; 8; 9; 10; 11; and 16.
PLEASE NOTE THAT THIS AGREEMENT IS SUBJECT TO CHANGE AT ANY TIME. When changes are made, we will make a new copy of the Agreement available on the Site. We will also update the "Last Revised" date at the top of the Agreement. If we make any material changes, and you have an Account, we may also send an e-mail to you at the last e-mail address you provided to us pursuant to this Agreement. Any changes to the Agreement will be effective immediately and your continued use of the Site constitutes your acceptance of such change(s). YOU AGREE TO REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT TERMS OF THIS AGREEMENT.
By providing your email address to us or creating an Account you consent to receiving emails from us and from our third-party providers and affiliates. These parties may send you emails in order to deliver information about products and services and to help with fulfilling your order. You may unsubscribe from these emails at any time by clicking on the “unsubscribe” link included in any email or by contacting us via email at email@example.com with the word “UNSUBSCRIBE” in the subject line.
General. Certain portions of this Section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. The parties agree that this intend Section satisfies the “writing” requirement of the Federal Arbitration Act. If any controversy, allegation, or claim arising out of, related to, or connected in any way to your use of our Sites, (collectively, “Dispute”), then you agree the Dispute shall be submitted to confidential arbitration in Los Angeles, California, and you agree that all disputes will be governed by the laws of the State of California without regard choice of law principles. You hereby consent to and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of California. Arbitration under these Terms and Conditions shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court or tribunal with jurisdiction over the parties. As permitted by applicable law, you agree that any claim or cause of action you may have arising out of, related to or connected in any way with your use of Site must be filed by you within one (1) year after such claim or cause of action arose or be forever banned. 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.
YOU ARE THUS GIVING UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. YOU ARE ENTITLED TO A FAIR HEARING, BUT THE ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. ARBITRATOR DECISIONS ARE AS ENFORCEABLE AS ANY COURT ORDER AND ARE SUBJECT TO VERY LIMITED REVIEW BY A COURT.
ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, NO ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this Agreement are deemed to conflict with each other’s operation, we shall have the sole right to elect which provision remains in force. Headings in this Agreement are for reference purposes only and will not be used in its construction and/or interpretation.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or applicable law will not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
Infringement Notification: If you believe that your work has been copied and posted on our Site in a way that constitutes copyright infringement, please provide our designated agent with the following information:
your contact information (i.e. name, email address, telephone number, and address);
a description of the copyrighted work of concern;
a link to the location(s) on the Site of the copyrighted work of concern;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a signed statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright owner (or authorized to act on behalf of the copyright owner).
The foregoing information (“DMCA Notice”) should be sent to our “Designated Agent” as follows: firstname.lastname@example.org.
Counter-Notice: If your work has been removed due to a DMCA Notice pursuant to the foregoing procedure, and you believe that your content is not infringing, then you may send a counter-notice (“DMCA Counter-Notice”) to our Designated Agent (contact information above) containing the following information:
Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content;
Your contact information (i.e. name, email address, telephone number, and address), a statement that you consent to the jurisdiction of the federal court in Los Angeles, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement; and
Your physical or electronic signature.
If a DMCA Counter-Notice is received by our Designated Agent, then we may send a copy of the DMCA Counter-Notice to the original complaining party informing that person that we may replace the removed content or cease disabling it after a reasonable time period. Unless the alleged copyright owner files an action seeking a court order against the content provider, member, or user, the removed content may be replaced, or access to it restored, in a reasonable time period after receipt of the DMCA Counter-Notice, at our sole discretion.
If you have any questions or concerns, please contact us at:
21 Market Street
Venice, CA 90291
Telephone: (415) 335-6768
Mon. - Fri., 9am to 6pm PST
LAST REVISED: 5/22/18
“Personal Data” means data that allows someone to identify or contact you, including, for example, your name, address, telephone number, e-mail address, Internet Protocol (“IP”) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), as well as any other non-public information about you that is associated with or linked to any of the foregoing data.
“Non-Personal Data” means data that is not associated with or linked to your Personal Data; Non-Personal Data does not, by itself, permit the identification of individual persons. We collect Personal Data and Non-Personal Data, as described below.
What data is collected. We collect Personal Data that you voluntarily provide us, for example, when you create an Account, register for our newsletter and/or make a purchase we may require your name, email, contact information, billing address, credit card inform and/or other information you may provide us. We also collect information about you from various sources, including from your in-store purchases. We also may collect information about you that we receive from other sources (like public records), to enable us to update and correct the information contained in our database and to provide product recommendations and special offers that we think will interest you.
Use of Personal Data.
We will use your Personal Data to:
Make the Site available to you;
Process and fulfill merchandise orders;
Enhance the Site;
Respond to your requests or to manage Accounts;
Monitor the security of the Site; and/or
Provide you with promotional communications.
Third-Party Service Provides. We will share your Personal Data with third parties, such as vendors and service providers who provide assistance with billing, payment processing, fraud protection, credit risk reduction, marketing, data analytics support and service associated with the Site and delivery of purchased merchandise.
Compliance with laws and for other legitimate business purposes.
We will share your Personal Data when we believe disclosure is necessary or required by law, regulation, to protect users, the integrity of the Site and to defend or exercise our legal rights. We may also disclose your Personal Data when it may be necessary for other legitimate and lawful purposes as reasonably determined by us.
Information Collected by Our Servers. To make our Site more useful to you, our servers (which may be hosted by a third-party service provider) collect information from you, including your browser type, operating system, domain name, and/or a date/time stamp for your visit.
Pixel Tags. In addition, we use “Pixel Tags” (also referred to as clear Gifs, Web beacons, or Web bugs). Pixel Tags are tiny graphic images with a unique identifier, similar in function to cookies, that are used to track online movements of Web users. In contrast to Cookies, which are stored on a user’s computer hard drive, Pixel Tags are embedded invisibly in Web pages. Pixel Tags also allow us to send e-mail messages in a format users can read, and they tell us whether e-mails have been opened to ensure that we are sending only messages that are of interest to our users. We may use this information to reduce or eliminate messages sent to users. We do not tie the information gathered by Pixel Tags to Personal Data.
Flash LSOs. When we post videos, third parties may use local shared objects, known as “Flash Cookies,” to store your preferences for volume control or to personalize certain video features. Flash Cookies are different from browser Cookies because of the amount and type of data and how the data is stored. Cookie management tools provided by your browser will not remove Flash Cookies. To learn how to manage privacy and storage settings for Flash Cookies, click here: http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager07.html.
Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to request from a business, with whom the California resident has an established business relationship, certain information with respect to the types of personal information the business shares with third parties for direct marketing purposes by such third party and the identities of the third parties with whom the business has shared such information during the immediately preceding calendar year.
To request a copy of the information disclosure provided by us pursuant to Section 1798.83 of the California Civil Code, please contact us at the below address:
Attn: Legal Department
Re: CA Privacy Rights
21 Market Street
Venice, CA 90291
Do Not Track is a privacy preference that users can set in their web browsers. When a user turns on the Do Not Track signal, the browser sends a message to websites requesting them not to track the user. At this time, we do not recognize or respond to Do Not Track browser settings or signals and we will still receive information. As a result, we may still collect information about you and your internet activity, even if you have turned on the Do Not Track signal.
It is possible that some or all of our third-party advertising partners or members of their affiliate network may participate in a consumer opt-out programs. To learn more about internet-based advertising and consumer opt-out programs go to http://aboutads.info/choices/ or http://www.networkadvertising.org/choices/. We do not operate or control these sites, and are not responsible for the opt-out choices available there.
Users from the U.K. have the right to ask us to amend or limit the processing of their Personal Data, (as defined by U.K. law) and in particular not to process their Personal Data for marketing purposes. We will inform you (before collecting your personal data) if we intend to use your Personal Data for such purposes or if we intend to disclose your Personal Data to any third party for such purposes. You can exercise your rights to prevent such processing by checking certain boxes on the forms we use to collect your Personal Data. You can also exercise the right at any time by contacting us at: email@example.com.
The U.K. Data Protection Act 1998 ("the DPA 1998") gives users from the U.K. the right to access information held about you. Your right of access can be exercised in accordance with the DPA 1998. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
If you live in the EEA, or a similar international area, you may have additional privacy rights available to you under applicable laws. We will process your requests in accordance with applicable data protection laws. If you would like to exercise any of the below rights, please contact firstname.lastname@example.org so that we may consider your request in accordance with applicable law:
Right not to provide or withdraw consent: You have the right not to provide or withdraw your consent at any time.
Right of access: You may have the right to access the Personal Data that you provided us.
Right of erasure: You may have the right to the erasure of Personal Data that we hold about you.
Right to object to processing: You may have the right to request that we stop processing your Personal Data and/or to stop sending you marketing communications.
Right to rectification: You may have the right to require us to correct any of your Personal Data.
a. General. You may modify the information you have provided to us at any time through your Account. You can also opt-out of receiving marketing communications, deactivate, or delete your Account at any time.
b. Data Protection Officer. We have appointed a Data Protection Officer to ensure continued commitment to privacy and security practices. For further information please contact us at: email@example.com.
We maintain (and requires its subcontractors and service providers to maintain) appropriate organizational and technical measures designed to protect the security and confidentiality of any information we process. However, no organizational or technical measures are 100% secure so you should take care when disclosing information online and act reasonably to protect yourself online.
You will have an opportunity to unsubscribe to any emails or mailings by clicking on an "unsubscribe" hyperlink contained in promotional emails we send you. Even if you are removed from any such list, if you use the services provided through the Site, you will continue to receive email correspondence from us related to the services. Any opt-out by you is not deemed valid until processed by us. It is your obligation to verify that you have been opted-out. We will not be liable for problems with the opt-out procedures. Please note that any request to be removed from such mailing lists may take up to one (1) week to become effective. Even if you are removed from any such list, if you order online, we will send you an email confirming your order and may need to contact you by phone, email, or regular mail if we have questions about your order.
If you register for an Account on the Site, you may review and update your account information by logging in to your account with your username and password at www.stacksocial.com or by contacting customer service at firstname.lastname@example.org.
Customer Service Department
Attn: Legal Department
Re: CA Privacy Rights
21 Market Street
Venice, CA 90291
Telephone: (415) 335-6768
Mon. - Fri., 9am to 6pm PST
We take pride in curating the latest and greatest creative technology products around the globe. We personally research and hand-pick each product to ensure it meets our standards.
OFFICIAL RULES AND REGULATIONS
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
The CNN Store Sweepstakes (“Promotion”) is open to legal residents of the 50 United States and District of Columbia, age 21 years or older, except employees, officers, and directors (and their immediate family and household members (whether or not related) of Cable News Network, Inc. (“the “Sponsor”), StackSocial, Inc. dba StackCommerce, and each of their parents, subsidiaries, divisions, trustees, franchisees, participating vendors, distributors, advertising and promotion agencies and affiliated entities (collectively, with the Sponsor, the “Promotion Entities”). Void wherever prohibited by law. Promotion is governed by U.S. law and subject to all applicable federal, state and local laws and regulations. By entering the Promotion, you are an entrant and you agree to accept and be bound by all terms of these Official Rules and Regulations (“Official Rules”).
WHEN/HOW TO ENTER: From 11:00 am PST on June 4, 2018 to 11:59 pm PST on July 18, 2018 (“Promotion Period”), Sponsor will conduct a national Promotion encouraging participants to enter for a chance to win a prize. Entries received must be received no later than 11:59 pm PST on July 18, 2018 to be eligible for the prize drawing.
To enter the Promotion, go to https://store.cnn.com/giveaways/the-cnn-travelers-essentials-giveaway and complete and submit the entry form, which may include providing your name and email address (“Entry”).
Limit one (1) Entry per person/email address during the Promotion Period. Entries generated by script, macro or other automated means will be void. The Promotion Entities are not responsible for misdirected, incomplete, lost, late, illegible, undelivered, inaccurate or delayed entries, or for technical, hardware, or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmissions or other errors or problems which may limit or affect a person’s ability to participate in the Promotion, whether human, mechanical, typographical, printing, electronic, network or otherwise, relating to or in connection with the Promotion, including, without limitation, errors which may occur in connection with the administration of the Promotion, the processing of entries, the announcement of the prizes or in any Promotion-related materials. Promotional Entities are not responsible for any changes to or unavailability of any service that may interfere with the Promotion. In the event of sabotage, acts of God, terrorism or threats thereof, computer virus or other events or causes beyond the Sponsor’s control, which corrupt the integrity, administration, security or proper operation of the Promotion, Sponsor reserves the right, in its sole discretion, to disqualify entrants and/or modify, cancel or suspend the Promotion. In the event of cancellation, Sponsor reserves the right to award prizes from among all eligible, non-suspect entries received prior to the event requiring such cancellation. False or deceptive entries or acts will render the entrant ineligible. All entries must be submitted in the name of an individual person and the prize can only be awarded to the person whose name is on the winning entry. All entries become the property of the Sponsor and will not be acknowledged or returned.
HOW TO WIN: One (1) winner (“Winner”) will be randomly selected on or around July 25, 2018 from all eligible entries received during the Promotion Period.
WINNER NOTIFICATION/REQUIREMENTS: All potential winners will be notified by Sponsor via the email address provided in the Entry. Potential winners must follow the instructions provided as part of the notification, which may include providing an email address, telephone number, user name, and/or other means of verification. Sponsor will attempt to contact a potential winner up to three (3) times. If a potential winner (i) cannot be reached directly, (ii) does not respond to Sponsor within forty-eight (48) hours of the first notification attempt, (iii) is found ineligible, (iv) declines the prize, or (iv) fails to comply with these Official Rules, such person may be disqualified and an alternate winner may be notified, or such prize may go unawarded, in the sole discretion of Sponsor. Potential winners must meet all eligibility requirements including the timely execution and return of all necessary releases and documents (if any) required by Sponsor. Sponsor is not responsible for entries or notifications not received due to an entrant’s account settings. In the event of a dispute, an entry will be declared made by the authorized account holder of the e-mail address submitted at the time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet Access Provider, on-line service provider, or other organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. In the event a dispute regarding the identity of an entrant cannot be resolved to Sponsor’s satisfaction, the entry at issue will be deemed ineligible. Sponsor, in its sole discretion, reserves the right to disqualify and/or exclude any individual or entry from the Promotion for any reason or no reason at all. The decision of the Sponsor will be final and binding in all matters.
PRIZE: One (1) winner (“Winner”) will receive a prize package including the following items:
• 1 iPad Pro®
• 1 Bose® QuiteComfort® 35 Noise Canceling Headphones
• 1 CNN branded Outback Wax Duffel
• 1 Fujifilm Instax Mini 90 Neo Classic Instant Film Camera
• 1 Lifetime subscription to VPN service
• 1 CNN branded Dual Port adapter
• 1 CNN branded insulated water bottle
TOTAL ARV OF THE PRIZE PACKAGE: One Thousand Three Hundred Forty-Five Dollars and Ninety-One Cents ($1,345.91).
No substitution or transfer of prizes or cash redemptions are permitted by a Winner. Sponsor reserves the right to substitute for any reason whatsoever a prize (or portion thereof) of comparable or greater value, at their sole discretion. Prize is awarded “as is” with no warranty or guarantee, either expressed or implied by the Sponsor. Each Winner is responsible for the reporting and payment of all taxes (if any) as well as any other costs and expenses associated with acceptance and use of prize not specified herein as being awarded.
GENERAL RULES AND REGULATIONS: By entering this Promotion, you consent to being contacted by Sponsor via email. By entering this Promotion, you grant Promotion Entities and their designees the right, unless prohibited by law, to use your name, city and state of residence, handle, voice, picture and likeness, without compensation, notification or approval, for the purpose of advertising and publicizing the goods and services of the Promotion Entities and all matters related to the Promotion, in any manner or medium, now or hereafter known, throughout the world in perpetuity.
By entering the Promotion via your wireless mobile device (which may only be available through participating wireless carriers and is not required to enter the Promotion), standard text messaging and/or data rates may apply for each message sent or received according to the terms and conditions of your service agreement with your wireless carrier.
THE PROMOTION ENTITIES EXPRESSLY DISCLAIM ANY RESPONSIBILITY AND ENTRANTS AGREE TO INDEMNIFY AND HOLD HARMLESS THE PROMOTION ENTITIES AND FACEBOOK FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, DEMANDS AND/OR LIABILITY FOR INJURY, DEATH, DAMAGE OR LOSS TO ANY PERSON OR PROPERTY WHATSOEVER RELATING TO OR ARISING IN CONNECTION WITH PARTICIPATION IN THIS PROMOTION (REGARDLESS OF THE CAUSE OF SUCH INJURY, DAMAGE OR LOSS) AND/OR THE DELIVERY AND/OR SUBSEQUENT USE OR MISUSE OF ANY OF THE PRIZES AWARDED (INCLUDING ANY TRAVEL OR ACTIVITY RELATED THERETO) AND/OR PRINTING, DISTRIBUTION OR PRODUCTION ERRORS. YOU ACKNOWLEDGE THAT NOTHING HEREIN SHALL CONSTITUTE AN EMPLOYMENT, JOINT VENTURE, OR PARTNERSHIP RELATIONSHIP BETWEEN YOU AND SPONSOR. IN NO WAY ARE YOU TO BE CONSTRUED AS THE AGENT OR TO BE ACTING AS THE AGENT OF SPONSOR.
CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
Arbitration/Class Action Waiver: PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT OR CLASS ACTION IN COURT.
The Promotion Entities and you (“Parties”) agree that these Official Rules affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.
Any dispute/claim relating to this contract or its breach, the Official Rules or any prize awarded (“Claim”), that is not informally resolved within 15 days of notice, shall be finally resolved by arbitration in your state of residence. The arbitration will be administered by the AAA under its AAA Rules, will be conducted in English and by a single arbitrator, and any court with jurisdiction may enter judgment regarding the arbitrator’s award.
The Promotion Entities will bear the cost of any arbitration filing fees and arbitration fees for claims of up to $75,000.00, unless the arbitrator determines that the arbitration is frivolous. You are responsible for any other costs that you may incur in the arbitration, including, attorney fees and expert witness costs, unless the Promotion Entities are otherwise required to pay such costs under applicable law. You may pursue your claim in small claims court where jurisdiction and venue over the Promotion Entities is proper if your claim otherwise qualifies for such court and you do not seek any equitable relief.
The Parties agree that the Promotion Entities and you will resolve any Claim on an individual basis, and that any Claim will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding (“Class Proceeding”). The Parties further agree that neither will participate in any current or future Class Proceeding brought by any third party relating to the contract, Official Rules, Promotion or any prize.
If any court or arbitrator determines that the class action waiver is void or unenforceable or that arbitration may proceed on a class basis, then the relevant claim will not be subject to arbitration and must be litigated in federal court located in New York, New York.
The agreement to arbitrate and class action waiver also apply to any Claims you assert against the Promotion Entities’ present or future parent, subsidiary or affiliated companies
OFFICIAL RULES OR WINNERS’ LIST: For a copy of the Official Rules or the Winners’ List (available on or about August 1, 2018), send a self-addressed, stamped envelope (residents of VT need not include return postage on rules requests) to the following address by December 1, 2018 (Please specify “Official Rules” or “Winners”) – “CNN Store Sweepstakes,” 1050 Techwood Drive, NW, EXE0304M, Atlanta, GA 30318.
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