Please read the following Terms & Conditions carefully before using this site. Use of this site indicates acceptance of these Terms and Conditions.
DeMet’s may amend these terms and conditions at any time. All amended terms and conditions shall automatically be effective upon being posted by DeMet’s to the Site. Accordingly, You should check the Site frequently for any changes to these terms and conditions.
All contents of the Site are the property of DeMet’s or of others who have allowed DeMet’s to use their property. Contents are protected by all appropriate copyright and intellectual property laws.
DeMet’s grants to You a limited, revocable and non-exclusive license to access and make personal use of the Site for personal and non-commercial use only. DeMet’s may revoke this license at any time and without prior notice, for any reason or for no reason, in DeMet’s sole discretion. The limitation applies to all material on the Site.
Access to certain areas of the Site may be only available to registered members. To become a registered member, You may be required to provide certain information. You may choose not to provide the required information, however, in such event, You will not be able to establish an account on the Site. You represent and warrant that all information You supply to us about yourself and others, including email addresses, is true, valid and accurate, and that You have the right to supply us with such information. You are responsible for maintaining the secrecy of Your member ID and password.
LIMITATIONS ON LIABILITY
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
All information, comments, feedback, photographs, suggestions and ideas disclosed, submitted or offered to DeMet’s in connection with the use of this Site (collectively, “Comments”), shall be and remain the exclusive property of the author, but, by submitting the same to DeMet’s, the author hereby grants to DeMet’s a non-exclusive, irrevocable, royalty-free, freely-assignable (through multiple tiers) right and license to use such Comments, in any medium, for any and all purposes, including but not limited to, commercial purposes (including, without limitation, product development, manufacturing, distributing and marketing), displaying publicly, reproducing, or creating derivative works therefrom. For example, Your comments may be used in radio, television and print advertisements, and Your photographs may be used in our marketing materials. Your name may be used with any Comments You submit. DeMet’s is under no obligation to maintain Your name or Your Comments in confidence, to pay to You any compensation for any Comments submitted, to credit You with respect to any Comments, or to respond to any of Your Comments. You agree that You will be solely responsible for the content of any Comments You make. By submitting any Comments to DeMet’s or this Site, You are representing and warranting to DeMet’s that You are the exclusive author of such Comments, that such Comments are Your original work, and that You have all right, title and interest necessary to grant the rights to DeMet’s granted by Your submission of such Comments to DeMet’s.
LINKS TO SITES OF OTHER PARTIES
The Content contained on this Site may include links to other sites. The other sites may not be under the control of DeMet’s and DeMet’s is not responsible for the information or content contained on any web site not owned by DeMet’s. DeMet’s has included the links as a convenience to You. DeMet’s does not endorse, sponsor or approve any other site, or product or service offered by any other site, for which it has provided a link.
You agree to indemnify, defend and hold DeMet’s and our partners, attorneys, staff and affiliates harmless from any liability, loss, claim and expense including reasonable attorneys’ fees, related to your violation of these Terms and Conditions or use of this Site.
Except as explicitly stated otherwise, (i) any notices to DeMet’s shall be made by postal mail to DeMet’s Candy Company,10 Bank Street, 10th Floor
White Plains, NY 10606 Attn: Legal Department, and (ii) any notices to You shall be made by postings to our site. Alternatively, we may give You notice by sending an e-mail to the e-mail address You provided us when registering or by postal mail to the postal address You provided us when registering. In the case of e-mail, notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. In the case of postal mail, notice shall be deemed given 5 days after the date of mailing.
DeMet’s respects the intellectual property of others. If You believe that Your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please provide written notice to our registered copyright agent identified below.
DeMet’s Candy Company
10 Bank Street, 10th Floor
White Plains, NY 10606
ATTN: Copyright Agent
DeMet’s reserves the right to terminate Your access to this site for any reason at any time. These Terms and Conditions represent the entire agreement between You and DeMet’s regarding Your use of this Site and supersede any prior statements or representations. The performance of these Terms and Conditions shall be governed by the internal laws of the State of Connecticut, without regard to any principles of conflicts of law. All legal proceedings arising out of or in connection with this Site brought by You shall be brought solely in the federal or state courts located within the State of Connecticut. You expressly submit to the personal jurisdiction and venue of said courts and waive any claims of inconvenient or improper forum or similar claims or defenses. Should any part of these Terms and Conditions be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. DeMet’s may at any time modify these Terms and Conditions and Your continued use of this Site will be conditioned upon the Terms and Conditions in force at the time of Your use. Any rights or obligations granted to You hereunder may not be assigned or transferred to any other person or to any entity. DeMet’s controls this Site from its headquarters in White Plains, New York USA and makes no representation that the materials on this Site are appropriate or available for use in any other jurisdiction. If You use this site from elsewhere, You are responsible for compliance with all local laws.
SOCIAL MEDIA GIVEAWAYS
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.
1. Eligibility: This Giveaway is open only to those who enter on Instagram or Facebook and who are 18 years old as of the date of entry. The Giveaway is only open to legal residents of the United States, and is void where prohibited by law. Employees of Star Brands North America, Inc. (“Star Brands”), and its affiliates, subsidiaries, advertising and promotion agencies, and suppliers, (collectively the “Employees”), and immediate family members and/or those living in the same household of Employees are not eligible to participate in the Giveaway. The Giveaway is subject to all applicable federal, state, and local laws and regulations. Void where prohibited.
2. Agreement to Rules: By participating, the Contestant (“You”) agree to be fully unconditionally bound by these Rules, and You represent and warrant that You meet the eligibility requirements. In addition, You agree to accept the decisions of Star Brands as final and binding as it relates to the content of this Giveaway.
3. Giveaway Period: Entries will be accepted online starting and ending on the dates provided in the promotional post. All online entries must be received by the date specified in the giveaway post.
4. How to Enter: The Giveaway must be entered on the social channel specified. in the giveaway. The entry must fulfill all Giveaway requirements, as specified, to be eligible to win a prize. Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Star Brands You may enter only once. You must provide the information requested. You may not enter more times than indicated by using multiple email addresses, identities, or devices in an attempt to circumvent the rules. If You use fraudulent methods or otherwise attempt to circumvent the rules, your submission may be removed from eligibility at the sole discretion of Star Brands.
5. Prizes: The Winner(s) of the Giveaway (the “Winner”) will receive the prize specified in the post. Actual/appraised value may differ at time of prize award. The specifics of the prize shall be solely determined by Star Brands. No cash or other prize substitution shall be permitted except at Star Brands’ discretion. The prize is nontransferable. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of Winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by Winner is permitted. Acceptance of prize constitutes permission for Star Brands to use Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
6. Odds: The odds of winning depend on the number of eligible entries received.
7. Winner Selection and Notification: Winner will be selected by a random drawing under the supervision of Star Brands. Winner will be notified by direct message on Instagram or Facebook within five (5) days following selection of Winner. Star Brands shall have no liability for Winner’s failure to receive notices due to spam, junk e-mail or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information. If Winner cannot be contacted, is ineligible, fails to claim the prize within 14 days from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited and an alternate Winner selected. Receipt by Winner of the prize offered in this Giveaway is conditioned upon compliance with any and all federal, state, and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (AT STAR BRANDS SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE GIVEAWAY, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
8. Rights Granted by You: By entering this Giveaway, You understand and agree that TURTLES, and anyone acting on behalf of Star Brand’s licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the Giveaway, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes. without any further compensation, notice, review, or consent. Optional verbiage for Contests: By entering this content, You represent and warrant that your entry is an original work of authorship, and does not violate any third party’s proprietary or intellectual property rights. If your entry infringes upon the intellectual property right of another, You will be disqualified at the sole discretion of Star Brands. If the content of your entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, You shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold harmless Star Brands from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which Star Brands may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.
9. Terms & Conditions: Star Brands reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Giveaway should virus, bug, non-authorized human intervention, fraud, or other cause beyond Star Brands control corrupt or affect the administration, security, fairness, or proper conduct of the Giveaway. In such case, Star Brands may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Star Brands. Star Brands reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Giveaway or website or violates these Terms & Conditions. Star Brands has the right, in its sole discretion, to maintain the integrity of the Giveaway, to void votes for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Giveaway rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Giveaway may be a violation of criminal and civil laws. Should such attempt be made, Star Brands reserves the right to seek damages to the fullest extent permitted by law.
10. Limitation of Liability: By entering, You agree to release and hold harmless Star Brands and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrant’s participation in the Giveaway and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error in the administration of the Promotion or the processing of entries.
11. Disputes: THIS GIVEAWAY IS GOVERNED BY THE LAWS OF THE UNITED STATES, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Giveaway, participant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Giveaway, shall be resolved individually, without resort to any form of class action, exclusively before a court having localized jurisdiction. Further, in any such dispute, under no circumstances shall participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Giveaway). Participant further waives all rights to have damages multiplied or increased.
13. Sponsor: The Sponsor of the Giveaway is Star Brands,10 Bank Street, 10th Floor, White Plains, NY 10606 USA.
15. Facebook and Instagram: The Campaign hosted by Star Brands is in no way sponsored, endorsed or, administered by Facebook or Instagram.
16. By entering this sweepstakes, You, the Contestant, have affirmatively reviewed, accepted, and agreed to all of the Official Rules.