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giveaway rules Oct 27, 2005
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Periodically, we have " giveaway " drawings which are made viarandom selection from our Member pool andcompriseone or more of our gifts ('Gift' or 'Gift Items') which we, Girlawhirl, Incorporated, owner of the Site (the 'Company') in our sole discretion choose to award to the winner.Company is not affiliated with and does not endorse any Gift Items distributed by Company, any merchant listed on the site, or gift programs or promotions which are not conducted exclusively by the Company.
YOU MUST BE OVER 18 AND A U.S. RESIDENT TO BECOME A MEMBER
You must be a person over 18 who is a U.S.resident of one of the 50 United States or the District of Columbia in order to receive your Gift. Employees and relatives of the Company, persons residing with them and any employee of an independent contractor which services the Company are not eligible to receive Gifts. Corporations or other business or government entities are also not eligible to participate.
PARTICIPATION
The Company in its sole discretion randomly awards gifts and prizes to Members with no obligation of any kind or further action on the part of the Member. There are no specific time periods for random awards to be granted. Gifts are chosen solely at the discretion of the Company. A Member should receive the Gift within 6 to 8 weeks of initial notification of a gift award. If a Gift is not received within said time period the Member should contact the Company. It may take the Company up to five business days to respond. The Company reserves the right to 1) substitute any Gift with a similar gift 2) substitute any Gift with another of similar value to be determined solely by the Company or 3) send the Member the cash equivalent to be determined solely by the Company. In the event any Gift Item has a value of over $600 it must be reported to the IRS and the Company must obtain the Member's social security number before a Gift will be sent. A Member is solely responsible for federal and state tax liability for such gifts.
DISCLAIMER OF WARRANTIES
THE COMPANY, ITS ADVERTISERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THIS SITE, ADVERTISER'S SITES, OFFERS, GIFTS, THE SUITABILITYOF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE. ALL OF THIS SITE, ADVERTISER'S SITES, OFFERS, GIFTS, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGHTHIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO THIS SITE, ADVERTISER'S SITES, OFFERS, GIFTS, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE, INCLUDING ALL EXPRESS, STATUTORY, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS DO NOT WARRANT THAT THIS SITE, ADVERTISER'S SITES, OFFERS, GIFTS, THE SUITABILITY OFTHE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE ARE ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. MEMBER AGREES THAT IT HAS RELIED ON NO WARRANTIES, REPRESENTATIONS OR STATEMENTS OTHER THAN IN THIS AGREEMENT. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU BUT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM, OR ARISE OUT OF THE USE OF, ORINABILITY TO USE, THIS SITE, ADVERTISER'S SITES, OFFERS, GIFTS, THE SUITABILITYOF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE COMPANY, ADVERTISERS AND/OR ITS RESPECTIVE LICENSORS' LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the Company, its advertisers, licensors, subsidiaries and other affiliated companies, and their employees, contractors, officers, agents and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use of this site, advertiser's sites, offers, gifts, the suitability of the information contained on or received through use of this site, or any services or products received through this site, or any violation of this Agreement.
CHOICE OF LAW AND FORUM
Member agrees that the statues and laws of the State of Connecticut shall apply to any actions or claims arising out of or in relation to this Agreement, without regard to conflicts of laws principles thereof. Member further agrees to the exclusive personal jurisdiction and venue of Fairfield County, Connecticut and any legal proceedings shall be conducted in English.
MISCELLANEOUS
This Agreement constitutes the entire agreement between the parties, supersedes any prior or contemporaneous (oral, written or electronic) agreement between the parties and shall not be changed except by written agreement signed by an officer of the Company. If any provision of this Agreement is prohibited by law or held to be unenforceable, the remaining provisions hereof shall not be affected, and this Agreement shall continue in full force and effect and the unenforceable provision shall be amended to best accomplish the objectives of this Agreement within the limits of applicable law.
This Agreement constitutes the entire agreement between the parties, supersedes any prior or contemporaneous (oral, written or electronic) agreement between the parties and shall not be changed except by written agreement signed by an officer of the Company. If any provision of this Agreement is prohibited by law or held to be unenforceable, the remaining provisions hereof shall not be affected, and this Agreement shall continue in full force and effect and the unenforceable provision shall be amended to best accomplish the objectives of this Agreement within the limits of applicable law. TO REDEEM YOUR GIFT, YOU MUST ACCEPT ALL OF THE PROVISIONS OF THESE GIVEAWAY RULES. PLEASE ALLOW 6-8 WEEKS TO RECEIVE YOUR GIVEAWAY. |
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