© All rights reserved 2015 Bright.Bazaar
Terms and Conditions for the INSTAGRAM SIDE TABLE JAN ’16 Competition
Full Terms and Conditions
- This promotion is open all those aged 18 or over.
- The Promoter is Bright Bazaar LLC
- Promotional Period: The entry period for the Competition commences Sunday 31st Janurary 2016 at 9am EST toSunday 31st Janurary 2016 at 11.59PM EST (“Competition closing date”).
- The Participant is allowed only one posting per person, and there will be a total of 1 winner.
- No purchase necessary; however internet access and a valid Instagram account are required.
- To Enter:
- a) To participate, the Participant must enter the Competition via their own valid Instagram account.
- b) Participants must tag the photo with #BBSIDETABLEGIVEAWAY
3) The posting picture must be an orginal photographer with does not infringe the rights of others or a regram of the Bright.Bazaar Picture
4) The participant must be a resident of the USA.
5) The participant must be following Bright.Bazaar and WestElm on Instagram.
6) The participant must be a resident of the United States of America
- a) By entering this competition the entrant agrees to the Promoter publishing these entries on promoter’s Instagram. They also agree to other possible promotional use in media of the promoters choosing without any payment and without credit given to the original entrant for this promotion.
- b) The winner will receive a $100 USD West Elm Gift Card and a Roar & Rabbit side table.
- Prizes are non-transferable, non-refundable and there is no cash alternative. In the event of unforeseen circumstances, the Promoter reserves the right to substitute the prizes for an alternative of equal or greater value.
- Entries will be deemed invalid and be removed if they:
- a) contain defamatory, malicious, indecent or other inappropriate content;
- b) refer to brands other than those of the Promoter;
- c) include trademarks, logos or copyrighted material not owned by you or used without the right holder’s prior written permission (including famous names, company names etc);
- d) include the names, likenesses, photographs, videos or similar of any individual without their express permission
- e) represent a danger to health and safety; and
- f) include any link to inappropriate drinking.
- Winner selection:
- a) The winner will be chosen at random.
- b) The decision is always final and binding.. No correspondence will be entered into regarding this Competition, including but not limited to the selection procedure.
- Winner notification: The winner will be notified via a direct message on Instgram and must respond within 48 hours with a full United States contact delivery details. If the winner does not respond within 48hous they will be forfeit their prize and another winner will be selected at random.
- Prizes will be delivered within 28 days of prize acceptance and delivery address confirmation.
- This promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram. You understand that you are providing information to the Promoter and not to Instagram. The information you provide will only be used for fulfilment of this promotion unless you have agreed to its use for any other purpose. By entering the promotion all participants agree to a complete liability release for Instagram.
- All Participants are responsible for any costs or expenses incurred by them as a result of participation in the Competition (including without limitation costs for sending an SMS, MMS or accessing the Internet). Costs to enter the Competition via the Internet may vary so please check with your local service provider for current charges.
- Unless mandatory local law states otherwise, Participant is responsible for any costs, taxes, duties or levies incurred as a result of participating in or winning the Competition. In addition, Participant agrees and accepts that by winning the Competition, Participant may incur taxes, duties or other levies including but not limited to any prize tax etc. under any applicable laws and regulations. Participant unconditionally accepts to bear any such tax, duty or other levy on behalf of Participant or an accompanying guest.
- All entries must be made by the participant themselves. Bulk votes or entries made from trade, consumer groups or third parties will not be accepted. Incomplete or illegible entries, bulk votes, votes by or via third parties or syndicates, entries by macros or other automated means (including systems which can be programmed to vote), and entries which do not satisfy the requirements of these terms and conditions in full will be disqualified and will not be counted. If it becomes apparent that an participant is using a computer(s) to circumvent this condition by, for example, the use of ‘script’, ‘brute force’, masking their identity by manipulating IP addresses, using identities other than their own or any other automated means in order to increase that participant’s entries into the draw in a way that is not consistent with the spirit of the promotion, that participant’s entries will be disqualified and any prize award will be void.
- No responsibility is accepted for entries lost, damaged or delayed or as a result of any network, computer hardware or software failure of any kind. Proof of sending will not be accepted as proof of receipt. The Promoter and any affiliated companies are not responsible for any entry, generated by computer hardware or software, malfunction, error or failure.
- The Participant’s name(Instagram ID) and posted picture can be used for promotional l purpose.
- By participating in this Competition, the Participant agrees to see his or her name or ID and, where applicable, picture, made available to the public via any applicable media or platforms selected by the Promoter in its reasonable discretion. Also participant’s post can be regramed on Bright Bazaar’s or West Elm’s Instagram account.
- The name and Instagram ID of the winner may be used for promotional purposes by the Promoter, unless winners otherwise notify the Promoter at the time of accepting their prize. Also winner’s post can be regramed on Bright Bazaar’s or West Elm’s Instagram account.
- The Promoter cannot accept any responsibility for any damage, loss, injury suffered by any participant entering the promotion or as a result of accepting or participating in any prize. Nothing shall exclude the Promoter’s liability for death or personal injury as a result of its negligence.
- The Promoter will not be responsible for any failed connection by the Participant’s attempt to access the Platform for whatever reason.
23 If for any reason the Promotion is not capable of running as planned for reasons (including but not limited to tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the Promoter which corrupt or affect the administration, security, fairness, integrity or proper conduct of this promotion), the Promoter reserves the right (subject to any written directions given under applicable law) to disqualify any individual who tampers with the entry process and to cancel, terminate, modify or suspend the promotion.
- If an act, omission, event or circumstance occurs which us beyond the reasonable control of the Promoter and which prevents the Promoter from complying with these terms and conditions the Promoter will not be liable for any failure to perform or delay in performing its obligation.
- By entering this promotion, all participants will be deemed to have accepted and be bound by the terms and conditions.
- This promotion is governed by the laws of the State of New York.
BRIGHT.BAZAAR WEB SITE AGREEMENT
The Bright.Bazaar Web Site (the “Site”) is an online information service provided by Bright.Bazaar (“Bright.Bazaar “), subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. Bright.Bazaar MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are Bright.Bazaar, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to Bright.Bazaar a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to Bright.Bazaar by all means and in any media now known or hereafter developed. You also grant to Bright.Bazaar the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Bright.Bazaar for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Bright.Bazaar.
TrafficServer 1.01 TRADEMARKS.
Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of Bright.Bazaar. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
2. Use of the Site.
You understand that, except for information, products or services clearly identified as being supplied by Bright.Bazaar, Bright.Bazaardoes not operate, control or endorse any information, products or services on the Internet in any way. Except for Bright.Bazaar- identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with Bright.Bazaar a. You also understand that Bright.Bazaar cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. Bright.Bazaar PROVIDES THE SITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND Bright.Bazaar SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. Bright.Bazaar DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. Bright.Bazaar HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL Bright.Bazaar BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF Bright.Bazaar OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, Bright.Bazaar LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Bright.Bazaar makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-Bright.Bazaar web site, please understand that it is independent from Bright.Bazaar, and that Bright.Bazaar has no control over the content on that web site. In addition, a link to a Bright.Bazaar web site does not mean that Bright.Bazaar endorses or accepts any responsibility for the content, or the use, of such web site.
You agree to indemnify, defend and hold harmless Bright.Bazaar, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of Bright.Bazaar and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.
This Agreement shall all be governed and construed in accordance with the laws of United Kingdom applicable to agreements made and to be performed in United Kingdom. You agree that any legal action or proceeding between Bright.Bazaar and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in United Kingdom . Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Bright.Bazaar’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Bright.Bazaar may assign its rights and duties under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.
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