Londyn Kate Terms of UseEffective date: October 28, 2012 ACCESS TO THE SITE (OR PORTIONS THEREOF) AND THE USE OF INFORMATION, MATERIALS, PRODUCTS OR SERVICES PROVIDED THROUGH THE SITE (OR PORTIONS THEREOF), ARE NOT INTENDED, AND ARE PROHIBITED, WHERE SUCH ACCESS OR USE VIOLATES APPLICABLE LAWS OR REGULATIONS. II. Agreement Regarding Other Policies Referenced Herein
III. Changes to the Terms of Use and Policies
Londyn Kate's services provided on the Site are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Londyn Kate may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity, and change its eligibility criteria at any time. This provision is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions.
You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes in the sale or purchase of any goods sold on the Site.
When you open a Member Account, you must provide a password. Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain your password confidential. You agree to immediately notify Londyn Kate of any unauthorized use of your password or any breach of security. You also agree that Londyn Kate cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than Londyn Kate, unless Londyn Kate provides express written permission.
You must keep your Member Account information up-to-date and accurate at all times, including a valid email address. To sell items on the Site, you must also open a “Seller Account” and provide and maintain an email address and a valid PayPal account. (Unless otherwise specified herein, Member Account and Seller Account are collectively referred to herein as “Member Account”).
You may not transfer or sell your Member Account and Member ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Londyn Kate's services are not available to temporarily or indefinitely suspended Members. Londyn Kate reserves the right, in Londyn Kate's sole discretion, to cancel unconfirmed or inactive Member Accounts. Londyn Kate reserves the right to refuse service to anyone, for any reason, at any time.
All sales are binding. The Seller is obligated to ship the order or otherwise complete the transaction with the Member in a prompt manner, unless there is an exceptional circumstance, such as: (a) the Member fails to meet the terms of the Seller's listing (such as payment method), or (b) the Seller cannot authenticate the Member's identity. 6. Fee Avoidance C. Terms and Policies for Members 1. Binding Sale 2. Individual Seller's Store Policies
On each purchase through the Site, the Seller may apply a sales tax amount on applicable sales, or you may be required to pay a use tax depending on your state laws. As the Member, you shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding payment of any and all taxes applicable to any purchases of items you make through the Site. For a final determination on these matters, please seek assistance from your tax advisor. VI. Prohibited and Infringing Items and Activities You are also solely responsible for the accuracy of your “Personal Information” that you submit to Londyn Kate and/or on the Site. “Personal Information” is information that identifies you personally, either alone or in combination with other information available to us. Examples of Personal Information include your name, address, email address, telephone number, and the information you provide when you open a Member Account (including a Seller Account) or make a purchase through the Site, including credit card and shipping information. Your Member Content, Personal Information and use of the Site shall not: Furthermore, you may not list any item on the Site (or consummate any transaction that was initiated using Londyn Kate's service) that could cause Londyn Kate to violate any applicable law, statute, ordinance or regulation, or that violates these Terms of Use. VII. Member Content and Contributions
You may request that Londyn Kate delete your Member Content at any time. However, be advised that Member Content that you have shared with other Members or users on the Site, which the Members or users have not deleted, or which the Members or users copied or stored, may not be deleted.
By posting Member Content on the Site, it is possible for an outside website or a third party to re-post that Member Content. You agree to hold Londyn Kate harmless for any dispute concerning this use.
By submitting ideas, suggestions, concepts, techniques or data to the services, documents, and/or proposals (“Contributions”) to Londyn Kate through the Site's suggestion or feedback webpages or otherwise, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Londyn Kate is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Londyn Kate shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Londyn Kate may have something similar to the Contributions already under consideration or in development; (e) you irrevocably assign to Londyn Kate all rights to your Contributions; and (f) you are not entitled to any compensation or reimbursement of any kind from Londyn Kate under any circumstances. VIII. Member-to-Member Communication and Sharing IX. Copyright or Intellectual Property Complaints X. Privacy XI. Personal Information Obtained From Other Londyn Kate Members XII. Access and Interference XIII. Londyn Kate's Intellectual Property
Unless otherwise indicated, the Site and the design, text, source code, content, selection, arrangement and organization of elements, graphics, design, compilation, and other matters related to the Site (the “Site Content”) are protected under applicable intellectual property and other proprietary laws, including without limitation those of the United States. All Site Content and intellectual property rights therein are the property of Londyn Kate and are protected pursuant to applicable copyright, patent, trademark and other intellectual property laws.
The Londyn Kate name and logo, “Where There's A Woman, There's a Way” slogan, and any and all other trademarks, service marks and logos appearing on the Site, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of Londyn Kate (the “Marks”). You are not authorized to display or use the Marks in any manner without Londyn Kate's prior written permission. Additionally, you are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other trademark owners, if any, featured on the Site without the prior written permission of such owners. XIV. Other Businesses XV. Disclaimers of Warranties TO THE FULLEST EXTENT PERMITTED BY LAW, LONDYN KATE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. LONDYN KATE DOES NOT REPRESENT OR WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR ANYTHING ELSE HARMFUL. LONDYN KATE DOES NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. LONDYN KATE DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE CONTENT (INCLUDING MEMBER CONTENT) AND MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY OR OTHERWISE. XVI. Limitation of Liability Your statutory rights as a consumer, if any, are not affected by these provisions, and Londyn Kate does not seek to exclude or limit liability for fraudulent misrepresentation. XVII. Indemnification YOU AGREE TO INDEMNIFY, DEFEND AGAINST AND HOLD LONDYN KATE AND (AS APPLICABLE) LONDYN KATE’S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, MEMBERS, DIRECTORS, AGENTS, REPRESENTATIVES AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY OTHER MEMBER OR THIRD PARTY DUE TO OR ARISING OUT OF (1) YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS AND POLICIES IT INCORPORATES BY REFERENCE; (2) YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY; (3) ANY SERVICES OR PRODUCTS THAT YOU ADVERTISE THROUGH THE SITE; AND (4) ANY INFORMATION (INCLUDING PERSONAL INFORMATION), CONTENT (INCLUDING MEMBER CONTENT), MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES POSTED BY YOU ON THE SITE OR OTHERWISE MADE AVAILABLE BY YOU THROUGH THE SITE. XVIII. Termination B. Termination by Breach C. Effect of Termination XIX. Governing Law, Disputes and Attorneys' Fees
This Agreement is made under, and shall be interpreted and enforced in accordance with, applicable federal laws and the laws of the State of Colorado, United States, without giving effect to those principles of conflict of laws which might otherwise require the application of the laws of another jurisdiction or country, including, without limitation, any treaty to which the United States may be a party and the United Nations Convention for the International Sale of Goods.
Except as provided in Sections XVIII (Termination) and XIX(C) (Injunctive Relief), in the event that there is a controversy, disagreement or dispute between you and Londyn Kate related to the formation, interpretation, performance, enforcement, breach or subject matter of this Agreement, the designated representatives of each of the parties hereto shall immediately confer and devote their efforts to resolving any such dispute reasonably, and in good faith. If such controversy, disagreement or dispute cannot be resolved informally, the matter shall first be submitted for non-binding mediation to a mutually selected impartial third-party mediator (such costs to be borne equally between the parties). If the controversy, disagreement or dispute cannot be resolved through non-binding mediation, the matter shall be submitted for binding arbitration to a mutually selected impartial third-party arbitrator. Mediation and arbitration shall take place in Denver, Colorado, unless both parties mutually agree on another location. In the event you and Londyn Kate are unable to agree upon a mediator or arbitrator, the parties consent to the appointment of the same by the American Arbitration Association. Any award rendered in arbitration shall be in writing and shall be final and binding on you and Londyn Kate, and judgment may be entered thereon in any court of competent jurisdiction.
Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief.
In any action brought to enforce any of the provisions of this Agreement, the party which receives a final judgment or award following the exhaustion of, or expiration of time for taking, all appeals, and which substantially prevails on the claims and defenses raised in the action, shall be entitled to recover its attorneys' fees and costs incurred at arbitration, trial and in any appeal of such claims and defenses, including any fees and costs incurred prior to commencement of said proceedings. In the event each party prevails on some claims or defenses, you and Londyn Kate agree that the arbitrator or trial court shall determine which is the “prevailing” party on each claim or defense entitled to an attorneys' fees and costs awarded hereunder and the resulting portion of the total attorneys' fees and costs award, if any, each party is entitled to recover from the other. XX. Notices Notice to Londyn Kate shall be deemed given three days after the date of mailing. Additionally, except as explicitly provided in the Notice and Procedure for Making Claims of Copyright and Intellectual Property Infringement, Londyn Kate accepts service of process at the address provided in this section on Notices. Any notices that you provide without compliance with this section on Notices shall have no legal effect. In your case, Londyn Kate may give you notice by email to the email address you provide to Londyn Kate (either during the registration process or when your email address changes). Notice to you shall be deemed given 24 hours after the email is sent, unless Londyn Kate is notified that the email address is invalid. Alternatively, Londyn Kate may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Londyn Kate. In such case, notice shall be deemed given three days after the date of mailing. XXI. Entire Agreement XXII. Waiver; Severability XXIII. No Agency XXIV. Captions XXV. Binding Effect Questions Regarding These Terms of Use Londyn Kate, LLC
Londyn Kate Notice and Procedure for Making Claims of Copyright and Intellectual Property InfringementEffective date: August 27th, 2012 Londyn Kate has adopted the following general procedure for copyright and intellectual property infringement on the Londyn Kate website (the “Site”) in accordance with U.S. intellectual property laws and the Digital Millennium Copyright Act of 1998 (“DMCA”). Londyn Kate will respond to notices of this form from jurisdictions other than the U.S. as well. The address of Londyn Kate's Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is provided herein. Londyn Kate may act expeditiously to respond to a proper notice by (1) removing or disabling access to material claimed to be subject of infringing activity; and (2) removing and discontinuing service to repeat offenders. If Londyn Kate removes or disables access in response to such a notice, Londyn Kate will make a good-faith attempt to contact the allegedly infringing party (“Alleged Infringer”) so that they may make a counter notification.
To file a copyright infringement notification with Londyn Kate, you will need to send us a communication that complies substantially with the following (please consult your legal counsel or see Section 512 of the U.S. Copyright Act to confirm these requirements):
Such written notice must be sent to Londyn Kate's Designated Agent as follows: OR Please also note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages, including attorneys' fees and costs.
Once a proper, bona fide infringement notification is received by the Designated Agent, Londyn Kate may remove or disable access to the material infringing upon the copyrighted work. If Londyn Kate removes or disables access to content in response to an infringement notice, Londyn Kate will make reasonable attempts to promptly notify the Alleged Infringer that Londyn Kate has removed or disabled access to the material. Repeat offenders will have all material removed from the Site and Londyn Kate will terminate such Alleged Infringer's access to the Site.
If you are an Alleged Infringer who believes that the material that was removed or to which access was disabled is not infringing upon a copyright, you must send a counter-notice, pursuant to 512(g)(2) and (3) of the DMCA. Please do not re-list or reactivate the material yourself. The counter-notice must contain the following information to the Designated Agent listed below (please consult your legal counsel or see Section 512 of the U.S. Copyright Act to confirm these requirements): 1. The communication must be in writing, and sent by regular mail or electronic mail. 2. You must identify the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled, including item numbers. 3. You must include a statement that is substantially as follows: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.” 4. You must provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or in the judicial district in which Londyn Kate is located, if your address is outside of the United States), and that you will accept service of process from the person who notified Londyn Kate of the allegedly infringing material under Section 512 (c)(1)(C) of the U.S. Copyright Act, or an agent of such person. 5. The counter notification must be signed, physically or electronically, by you. Such written notice must be sent to Londyn Kate's designated agent as follows: Londyn Kate, LLC OR Email to: Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability for damages, including attorneys' fees and costs.
Other (non-copyright) notices of potential infringement should include (1) a statement as to the intellectual property or right potentially infringed; (2) proof of ownership of the rights at issue; (3) identification of the URL or item number at which the potentially infringing material may be found; and (4) your name, a street address, telephone number, and email address where you can be reached. The notice should be in writing and signed, and sent via regular mail to the following address: OR Email to:
Londyn Kate Fees PolicyEffective date: August 27th, 2012 Londyn Kate helps make it easier for you, as a seller, to open up an account (“Seller Account”) and sell your goods on Londyn Kate's website (the “Site”). Londyn Kate will process all of your sales through PayPal, collect the fees discussed herein, and then disburse to you the net sale amount owed to you. This Fees Policy is incorporated into and subject to all the terms provided in the Terms of Use. I. Fees and Taxes
In sum, for each item that you sell, the following fees will apply to arrive at the Net Sale Amount paid to you:
B. Taxes II. Payment of Net Sale Amount to Seller III. Change in Fees and Services IV. Fees and Termination
Questions Regarding These Terms of Use
LONDYN KATE, LLC, Promotional Code Terms & ConditionsPlease note that these terms and conditions apply to those promotions where you must redeem a promotion code as part of the offer from Londyn Kate, LLC (the “Sponsor”). When redeeming a promotion code advertised on our website, please click the applicable link on the product detail page to read specific promotion details.
Londyn Kate Privacy PolicyEffective date: August 27th, 2012 We Respect Your Privacy! This Policy does not apply to the practices of third parties that Londyn Kate does not own or control, or individuals that Londyn Kate does not employ or manage. Information Sent to Us by Your Web Browser. Londyn Kate collects information that is sent to us automatically by your Web browser. This information typically includes the IP address of your Internet service provider, the name and version of your operating system, the name and version of your browser, the date and time of your visit, and the pages you visit. Please check your browser if you want to learn what information your browser sends or how to change your settings. Cookies and Similar Technologies. We use “cookies” and other Web technologies to collect information and support certain features of the Site. For example, we may use these technologies to collect information about the ways visitors use the Site, to support the features and functionality of the Site, and to personalize your experience when you use our Site. This information also allows us to maintain the proper functionality of our online shopping carts and the Site in general. Generally, the information we collect using these Web technologies does not identify you personally. If, however, you have created a Member identity, for example, by making a purchase, we may link this information we collect using Web technologies to other information that identifies you personally. If you do not wish to receive cookies, you may set your browser to reject cookies or to alert you when a cookie is placed on your computer. You may also delete our cookies as soon as you leave our Site. Although you are not required to accept our cookies when you visit our Site, if you set your browser to reject cookies, you will not be able to use all of the features and functionality of the Site.
You may not opt-out of service-related communications, which are not promotional in nature. If you do not wish to receive them, you have the option to deactivate your Member Account by emailing info@londynkate.com from the email address you signed up with. Administrative Messages. Londyn Kate may periodically email you with administrative messages. We will not sell or rent your Personal Information to third parties for their marketing purposes without your explicit consent. Your Personal Information may be combined with information Londyn Kate collects from other companies and used to improve and personalize services, content and advertising. If you do not wish to receive administrative messages or participate in these programs, simply opt-out by emailing info@londynkate.com. Please note that if you do not wish to receive administrative messages from us, those notices will still govern your use of the Site and Londyn Kate's services, and you are responsible for reviewing such notices for changes. Londyn Kate may also disclose Personal Information to parties in compliance with Londyn Kate's Notice and Procedure for Making Claims of Copyright and Intellectual Property Infringement, as we in our sole discretion believe necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity. Transfer of Londyn Kate's Assets. Londyn Kate may disclose your Personal Information and other information you provide to another third party as part of a sale of the assets of Londyn Kate, a subsidiary or division, or as the result of a change in control of Londyn Kate. Any third party to which Londyn Kate transfers or sells Londyn Kate's assets will have the right to continue to use the Personal Information and other information that you provide to Londyn Kate, and you will be subject to any new privacy and other policies implemented by such third party. We do not retain your confidential payment information for online purchases. You will need to enter this information each time you place an order. VII. Information Sharing and Disclosure When you post a message, your username, Londyn Kate ID or alias is visible to other Members. If you post Personal Information online that is accessible to the public, you may receive unsolicited messages from other parties in return. The Site permits Members to sell items and advertise their services to other Members. Due to the nature of Londyn Kate's business model, you may share Personal Information, such as an email or shipping address, with a Member that is related to a transaction. Pursuant to Londyn Kate's Terms of Use, you have a limited license to use this Personal Information. This information should only be used for Londyn Kate-related communications or for Londyn Kate-facilitated transactions. Londyn Kate has not granted you a license to use the Personal Information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the Member, you are not licensed to add any Londyn Kate Member to your email or physical mailing list.
VIII. Third Parties Except as otherwise expressly included in this Privacy Policy, this policy addresses only the use and disclosure of Personal Information Londyn Kate collects from you. If you disclose your Personal Information to others, including other Members, different rules may apply to their use or disclosure of the Personal Information you disclose to them. Londyn Kate does not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. Londyn Kate is not responsible for the privacy or security practices of other websites on the Internet, even those linked to or from the Site. We encourage you to ask questions before you disclose your Personal Information to others. Closing Your Member Account. You can close your Member Account (including your Seller Account) through your Londyn Kate account. If you close your Member Account, we will remove your name and other Personal Information from our publicly viewable database. If you close your Member Account, we have no obligation to retain your Personal Information, and may delete any or all of your account information and Personal Information without liability. However, we may retain certain data contributed by you if Londyn Kate believes it may be necessary to prevent fraud or future abuse, or for legitimate business purposes, such as analysis of aggregated, non-personally identifiable data, account recovery, or if required by law. Londyn Kate may also retain and use your Personal Information if necessary to provide our services to other Members. For example, just as an email you may send to another person through an email service provider resides in that person's inbox even after you delete it from your sent files or close your account, emails or other communications you send through the Site to other Members, as well as your contributions to the Site, may remain visible to others after you have closed your Member Account. Similarly, other information you have shared with others, or that other Members have copied, may also remain visible. Londyn Kate disclaims any liability in relation to the deletion or retention (subject to the terms herein) of information, including Personal Information, or any obligation not to delete the information, including Personal Information. Further, Londyn Kate has appropriate, industry-standard, physical, electronic, and managerial procedures to safeguard and secure the Personal Information we collect on the Site. Additionally, all credit card transactions are handled securely through PayPal's servers.
LONDYN KATE, LLC, PUMPKIN PICTURE CONTEST OFFICIAL RULESNO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER, PARTICIPATE OR WIN THIS CONTEST. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER, PARTICIPATE OR WIN THIS CONTEST. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS CONTEST IS INTENDED FOR VIEWING AND PARTICIPATION IN THE 50 UNITED STATES AND WASHINGTON D.C. ONLY AND SHALL BE CONSTRUED AND EVALUATED ACCORDING TO THE LAWS OF THE 50 UNITED STATES AND WASHINGTON D.C. PLEASE DO NOT ENTER IF YOU ARE NOT A LEGAL RESIDENT OF, AND NOT LOCATED IN, THE 50 UNITED STATES OR WASHINGTON D.C. AT TIME OF ENTRY. OPEN TO ELIGIBLE LEGAL RESIDENTS OF THE 50 UNITED STATES AND WASHINGTON D.C. WHO ARE AT LEAST EIGHTEEN (18) YEARS OLD AS OF THE DATE OF ENTRY. VOID WHERE PROHIBITED. BY ENTERING THIS CONTEST, AN ENTRANT WILL BE DEEMED TO ABIDE BY AND CONSENT TO THESE OFFICIAL RULES. AN ENTRANT MUST CONTINUE TO COMPLY WITH ALL TERMS AND CONDITIONS OF THESE OFFICIAL RULES THROUGHOUT THE CONTEST PERIOD. INTERNET ACCESS AND EMAIL ADDRESS REQUIRED TO ENTER. FREE INTERNET ACCESS IS AVAILABLE AT MANY PUBLIC LIBRARIES. REGISTRATION ON www.LondynKate.com is required. Please read these Official Rules before entering this Contest. You agree that, by submitting an entry, you will be bound by these Official Rules and acknowledge that you satisfy all eligibility requirements. 1. BRIEF CONTEST OVERVIEW: the Londyn Kate Pumpkin Picture Contest (the “Contest”) starts on October 29, 2012 at 8:00 A.M. MT and ends on October 31, 2012 at 6:00 P.M. MT (the “Contest Period”). The Contest offers participants the opportunity to register and win prizes (“Prizes”), subject to verification. Individuals must participate in the Contest online. Regardless of method of participation, participants are limited to playing the Contest, i.e., submitting their response, a maximum of one (1) time during the Contest Period. One winner will each be able to win one (1) promotion code redeemable for twenty-five dollar ($25) toward any purchase on www.LondynKate.com (the “Prize”). Limit: a maximum of one (1) Prize per household address. The sole sponsor of the Contest is: Londyn Kate, LLC, a Colorado limited liability company P.O. Box #202682 Denver, CO 80220 (“Sponsor”).
2. HERE'S HOW TO ENTER: As stated, the Contest Period starts on October 29, 2012 at 8:00 A.M. MST and ends on October 31, 2012 at 6:00 P.M. MST. You must participate online during the Contest Period. To participate, prior to the end of the Contest Period, post a photo of your carved pumpkin on your Facebook page and tag Sponsor (https://www.facebook.com/LondynKate). Once a winner is selected, Sponsor will, within 5 Business Days of the end of the Contest, be in touch with winner on Facebook to obtain or confirm winner’s contact information and send winner the Prize. By posting the photo as set forth above, and entering the Contest, Contestant participants consent to receiving future promotional and other materials from Sponsor and its affiliates. Participants also consent to the use of your information and/or image, without compensation, on Sponsor’s website, blogsite or in its advertisements. Limit one (1) entry per household. If more than one (1) entry is posted per household, only the first such entry received will be eligible to win. 3. ELIGIBILITY: The Contest is open only to legal residents of the 50 United States and WashingtonD.C. who are at least eighteen (18) years old at the date of entry. Officers, directors and employees of Sponsor and its affiliates, and their immediate family members and/or those living in the same household of each are not eligible to win. All federal, state and local laws and regulations apply. Void where prohibited by law. 4. HOW WINNERS ARE CHOSEN: Submissions will be viewed, evaluated and judged by Sponsor from time to time. The winner will be chosen from all eligible entries received during the Sweepstakes Period and announced on November 1, 2012. Odds of winning will depend upon the number of eligible entries received. Sponsor will post winner names via email and on sites including: https://www.facebook.com/LondynKate. All winning Prize winners are subject to verification and compliance with these Official Rules as determined by Sponsor, whose decision is final and binding in all matters pertaining to this Sweepstakes. Be sure to check your email because if you are a potential winner, you will receive an email informing you how to claim your Prize. Check your Spam filters routinely to assure that Sweepstakes email messages have not been caught in your filter 6. PRIZES & APPROXIMATE RETAIL VALUES: Once a participant has won a Prize, the participant will not be permitted to win another Prize. Regardless of the Prize won, all costs and expenses not specifically included within the description of the Prize is solely each winner’s responsibility. All federal, state and local taxes are solely the responsibility of each winner. Prizes are not redeemable for cash, nor are they transferable. Prizes won with a value greater than $600 (if any) by persons who are eligible entrants but considered minors in their state of residence may be awarded to a parent or legal guardian who must sign and return all required documentation outlined herein, and otherwise comply with all requirements imposed on the winner set forth herein. If a potential winner is found to be ineligible, declines to accept a Prize, or if Sponsor is unable to contact a potential winner after reasonable efforts, or in the event that a Prize confirmation or Prize is returned as undeliverable, the Prize will be forfeited. Before being declared a winner, a potential winner (or parent/legal guardian where applicable) may be required to execute and return an Affidavit of Eligibility/Liability & Publicity Release an IRS W-9 form within seven (7) business days from the time it is postmarked as having been sent by Sponsor or its representative, or the Prize will be forfeited. Applicable taxes, as well as any other costs and expenses associated with Prize acceptance and use not specified herein as being provided are solely the responsibility of the winner. Unclaimed Prizes will not be re-awarded. By accepting a Prize, winners consent to the use of their name, addresses, voices and statements relating to the Contest or Sponsor, and photographs or other likenesses, without further compensation, notification or permission in any publicity or advertising carried out by Sponsor or related entities in any and all media now known or hereinafter developed without territorial or time limitation, except where prohibited by law.
Process for Prizes:
7. GENERAL: No substitution or transfer of a Prize by winner permitted. All taxes are the sole responsibility of winner. By accepting Prize, winner (or parent/legal guardian if winner is deemed a minor in his/her state of residence) agrees to hold Sponsor and its parent companies, subsidiaries, affiliates directors, officers, employees and assigns, harmless against any and all claims and liability arising out of use of the Prize. Winners (or parent/legal guardian if winner is a minor) assume all liability for any injury or damage caused, or claimed to be caused, by participation in this Contest or use or redemption of any Prize. Entrants (or parent/legal guardian if entrant is a minor) agree to release, discharge and hold harmless Sponsor and its parent companies, subsidiaries, affiliates directors, officers, employees and assigns, harmless from and against any and all liability and damages. By participating in this Contest, entrants (or parent/legal guardian if entrant is a minor) agree to be bound by these Official Rules and the decision of the Sponsor which is final. If there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern and control. All material submitted becomes the sole property of Sponsor and will not be returned. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Contest or in the announcement of the Prizes. In no event will more than the stated number of Prizes be awarded. 8. WINNERS: For the names of the winners, available after November 1, 2012, send a separate, stamped, self-addressed to Londyn Kate, LLC P.O. Box #202682 Denver, CO 80220 to be received by November 30, 2012. 9. NOTICE TO ONLINE ENTRANTS: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. Not responsible for faulty, incorrect or mistranscribed phone transmissions, incorrect announcements of any kind, technical hardware or software failures of any kind including any injury or damage to any person's computer related to or resulting from participating in or experiencing any materials in connection with the promotion, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmission that may limit a user's ability to participate in the Contest. Sponsor reserves the right to cancel or modify the Contest if fraud, misconduct or technical failures destroy the integrity of the Contest; or if a computer virus, bug, or other technical problem corrupts the administration, security, or proper administration of the Contest as determined by Sponsor or its affiliate or representative, in their sole discretion. In the event of termination of the Contest, a notice will be posted online and Prizes will be awarded solely to those participants with eligible entries received prior to termination. Any damage made to the web site will be the responsibility of the authorized email account holder of the email address submitted at the time of entry. Proof of submitting entries will not be deemed to be proof of receipt by Sponsor. Any use of robotic, automatic, programmed or the like methods of participation will void all such submissions by such methods. Sponsor reserves the right to prohibit the participation of an individual if fraud or tampering is suspected or if the account holder fails to comply with any requirement of participation as stated herein or with any provision in these Official Rules. 10. MISCELLANEOUS: Sponsor is not responsible for illegible, lost, late, incomplete, stolen, misdirected, postage due, or undeliverable email or postal mail; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability, or garbled, corrupt or jumbled transmissions, service provider/Internet/web site/use net accessibility, availability, or traffic congestion, or any technical error, or unauthorized human intervention, or the incorrect or inaccurate capture of registration information, or the failure to capture, or loss of, any such information. Sponsor is not responsible for any typographical or factual errors, incorrect or inaccurate information, whether caused by any web site users, tampering, hacking, or by any of the equipment or programming associated with or utilized in the Contest and assume no responsibility for any omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical or factual error, theft or destruction or unauthorized access to any web site(s). Additionally, Sponsor bears no liability for acts of force majeure or other acts which interfere with the intended proper administration, operation and fulfillment of the Contest. Sponsor is not responsible for any injury or damage, whether personal or property, to participants' or to any person's computer related to or resulting from participating in the Contest. If, for any reason, Sponsor in its sole discretion, believes that the Contest is not capable of running as intended, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest and/or proceed with the Contest in a manner it deems fair and reasonable, including the selection of winners from among eligible entries received prior to said cancellation, termination, modification or suspension. If there is a dispute as to the identity of a winner based on an email address, the winning entry will be declared made by the authorized account holder of the email address submitted at time of entry. "Authorized account holder" is defined as the natural person who is assigned to an email address by an Internet access provider, on-line service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. In the case of an individually-owned domain, the owner of the domain name will be deemed the “authorized account holder”. By accepting a Prize, each winner releases and agrees to indemnify and hold harmless Sponsor from and against any and all costs, claims, damages, or any other injury, whether due to negligence or otherwise, to person(s) or property (including, without limitation, death or violation of any personal rights, such as violation of right of publicity/privacy, libel, or slander), due in whole or in part, directly or indirectly, to participation in the Contest or acceptance of a Prize, or arising out of participation in any Contest or Prize-related activity, whether hosted by Sponsor or a third party. By registering and entering the Contest, participants agree to abide by these Official Rules as stated herein and the decisions of Sponsor which are final and binding in all matters pertaining to the Contest. In no event will more Prizes be awarded than are stated in these Official Rules. If due to technical, typographical, printing, mechanical or other errors, there are more potential Prize winners than are stated in these Official Rules, a random drawing among the claimants will be held to determine the winners. Except where prohibited, by participating in the Contest, participants agree that: (a) except as otherwise specifically set forth in these Official Rules, any action arising out of or relating to these Official Rules or the rights and obligations of any participant and/or Sponsor shall be filed exclusively in the United States District Court for the District of Colorado or the appropriate Colorado State Court; and participants hereby consent and submit to the personal jurisdiction of such court for the purposes of litigating any such action, and any right to a trial by jury is hereby waived; (b) any and all disputes, claims, and causes of action arising out of or connected with these Official Rules, and/or the rights and obligations of any participant and/or Sponsor shall be resolved individually, without resort to any form of class action; (c) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred and in no event will participants be entitled to receive attorneys' fees or other legal costs; (d) under no circumstances will participants be permitted to obtain injunctive or other equitable relief and a participant's sole remedy will be an action at law for damages to the extent allowed by sub-paragraphs (c) and (e) of this Rule; and (e) under no circumstances will participants be permitted, and participants hereby waive all rights, to: (i) claim punitive, exemplary, special, incidental, indirect and consequential damages and any other damages (whether due to negligence or otherwise), other than for actual out-of pocket costs described in (c) above; and (ii) have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any participant and/or Sponsor shall be governed by and construed in accordance with the laws of the State of Colorado without giving effect or regard to any principles or doctrines of conflicts of law of the State of Colorado or any other jurisdiction. If any provision of these Official Rules shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. Sponsor will not be responsible for typographical or printing or other errors, administration of the Contest, the announcement of the Prizes or other inadvertent errors in these Official Rules or other materials relating to the Contest. All federal, state, and local laws apply. All entries become property of Sponsor and will not be returned. Void in all jurisdictions other than the 50 United States and WashingtonD.C., and where prohibited by law.
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