Terms of service
OVERVIEW
This website is operated by RINNA BEAUTY. Throughout the site, the terms “we”, “us” and “our” refer to RINNA BEAUTY. RINNA BEAUTY offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Our store is hosted on WOO COMMERCE. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. PRODUCTS OR SERVICES (if applicable) Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy.
OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools” as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third- party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third- parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated. PROHIBITED USES In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall RINNA BEAUTY our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. INDEMNIFICATION You agree to indemnify, defend and hold harmless RINNA BEAUTY and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed
from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. TERMINATION The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
CALOPPA
CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law’s reach stretches well beyond California to require any person or company in the United States (and conceivably the world) that operates websites collecting Personally Identifiable Information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals or companies with whom it is being shared. – See more at: http://consumercal.org/california-online-privacy-protection- act-caloppa/#sthash.0FdRbT51.dpuf
According to CalOPPA, we agree to the following: Users can visit our Site anonymously. Once this privacy policy is created, we will add a link to it on our home page or as a minimum, on the first significant page after entering our website. You will be notified of any Privacy Policy changes on our Privacy Policy Page.
You can change your personal information:
– By e-mailing us
– By logging in to your account
THIRD PARTY TRACKING & COPPA
It’s also important to note that we do not allow third-party behavioral tracking COPPA (Children Online Privacy Protection Act) When it comes to the collection of personal information from children under the age of 13 years old, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States' consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children's privacy and safety online. We do not specifically market to children under the age of 13 years old.
FAIR INFORMATION PRACTICE
The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.
In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur: We will notify you via e-mail within 7 business days We also agree to the Individual Redress Principle which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.
THE CAN-SPAM ACT
The CAN-SPAM Act is a law that sets the rules for commercial e-mail, establishes requirements for commercial messages, gives recipients the right to have e-mails stopped from being sent to them, and spells out tough penalties for violations.
We collect your e-mail address in order to:
– Send information, respond to inquiries, and/or other requests or questions – Process orders and to send information and updates pertaining to orders.
– Send you additional information related to your product and/or service
– Market to our mailing list or continue to send e-mails to our clients after the original transaction has occurred.
To be in accordance with CANSPAM, we agree to the following:
– Not use false or misleading subjects or e-mail addresses.
– Identify the message as an advertisement in some reasonable way.
– Include the physical address of our business or Site headquarters.
– Monitor third-party e-mail marketing services for compliance, if one is used.
– Honor opt-out/unsubscribe requests quickly.
– Allow users to unsubscribe by using the link at the bottom of each e-mail.
CHANGES TO TERMS OF SERVICE
We respect your privacy. We will only use information you provide through the Program to transmit your mobile messages and respond to you, if necessary. This includes, but
is not limited to, sharing information with platform providers, phone companies, and other vendors who assist us in the delivery of mobile messages. WE DO NOT SELL, RENT, LOAN, TRADE, LEASE, OR OTHERWISE TRANSFER FOR PROFIT ANY PHONE NUMBERS OR CUSTOMER INFORMATION COLLECTED THROUGH THE PROGRAM TO ANY THIRD PARTY. Nonetheless, We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect Our rights or property. When you complete forms online or otherwise provide Us information in connection with the Program, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If, in Our sole discretion, We believe that any such information is untrue, inaccurate, or incomplete, or you have opted into the Program for an ulterior purpose, We may refuse you access to the Program and pursue any appropriate legal remedies. California Civil Code Section 1798.83 permits Users of the Program that are California residents to request certain information regarding our disclosure of the information you provide through the Program to third parties for their direct marketing purposes. To make such a request, please contact us at the following address:
RINNA BEAUTY ATTN: Privacy Compliance Officer
2 Rodeo Drive Edgewood, N.Y. 11717
customerservice@rinnabeauty.com
This Privacy Policy is strictly limited to the Program and has no effect on any other privacy policy(ies) that may govern the relationship between you and Us in other contexts.
CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at customerservice@rinnabeauty.com.
PRIDE PHOTO CONTEST
OFFICIAL SWEEPSTAKES RULES NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER THE SWEEPSTAKES. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. BY PARTICIPATING IN THIS PROMOTION, YOU AGREE TO BE BOUND BY THESE OFFICIAL RULES AND REPRESENT THAT YOU SATISFY ALL OF THE ELIGIBILITY REQUIREMENTS SET FORTH HEREIN. ALL US FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED. 1. SWEEPSTAKES. The Lisa Rinna Pride Month Sweepstakes (“Sweepstakes”). 2. SPONSOR. SEL Beauty LLC (“SEL”), is the sole sponsor of the Sweepstakes. 3. ACKNOWLEDGEMENT. As a condition of participating in the Sweepstakes, you agree to be fully and unconditionally bound by the Rules, the decisions of the Sponsor, whose decisions shall be final and binding in all respects, and to waive any right to claim ambiguity in the Sweepstakes or the Rules. 4. SWEEPSTAKES PERIOD. The Sweepstakes begins on June 9, 2021 at 7:00 am Eastern Time and ends on June 27, 2021 at 11:59 pm Eastern Time (known as the “Sweepstakes Period”). One Grand Prize and Two Runner Up winners will be drawn from throughout the Sweepstakes Period and will receive the prizes described below. Eastern Time shall control for all purposes of the Sweepstakes. Sponsor’s computer shall be the official clock for all purposes of the Sweepstakes. 5. ELIGIBILITY. The Sweepstakes is open only to individual legal residents of the United States of America (excluding Rhode Island) and the District of Colombia who are 18 years of age or older at the time of entry (“Entrant”). Employees of SEL and its affiliated companies, its advertising and promotion agencies, and the directors, officers, employees and agents of each of them and their immediate families and/or household residents are not eligible to enter. By participating, Entrant agrees to abide by these Official Rules and the decisions of SEL, which are final and binding in all respects. The Sweepstakes is void outside of the United States and where prohibited. All entries must be received by 11:59 PM EDT on the last day of the Sweepstakes Period. Incomplete entries are void. By entering, Entrants acknowledge compliance with these Official Rules, including all eligibility requirements. All entries become the property of SEL and will not be returned or acknowledged. Entrants waive all rights and remedies at law or in equity for any claim they may have relating to this promotion. SEL will determine eligibility. HOW TO ENTER. A. ONLINE: To enter, submit a photo wearing your Rinna Beauty products and tell us how you express your LBGTQ+ Pride or support those of the LBGT Pride community at https://cf3e38c6.wishpondpages.com/rb-pride-contest/ and complete all registration fields including first name, last name, email, photo upload, and what does pride mean to you? Winners will be selected at random. One (1) person that completes registration during the giveaway period will win the Grand Prize and two (2) additional winners will win the Influencer Kit Prize. SEL is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, access providers, computer equipment, software, failure of any email or entry to be received by SEL on account of technical problems or traffic congestion on the Internet or at any web site, or any combination thereof including any injury or damage to an Entrant’s or any other person’s computer related to or resulting from playing or downloading any materials in this promotion. SEL reserves the right, in its sole discretion, to cancel or suspend the Sweepstakes should a virus, bug or other cause beyond the reasonable control of SEL corrupt the security or proper administration of the Sweepstakes. Any attempt to deliberately damage any website or undermine the legitimate operation of this promotion is a violation of criminal and civil laws, and should such an attempt be made, SEL reserves the right to seek remedies and damages to the fullest extent permitted by law, including criminal prosecution. 7. CONDITIONS OF ENTRY. Entrants may only enter once during the Sweepstakes Period. Any attempt by any Entrant to obtain more than one (1) entry above and beyond those already permitted via adhering to rules regulations of this Sweepstakes – i.e., by registering for the Sweepstakes using multiple/different accounts, identities or other methods except as permitted herein will void the entrant’s entries and that entrant may be disqualified and any prize(s) he/she might have been entitled to will not be awarded to him/her. Use of any automated system to participate is prohibited and will result in disqualification. 8. SELECTION OF WINNERS. SEL will select at random one (1) entrant during the Sweepstakes Period as the Grand Prize winner and two (2) entrants as the Influencer Kit winners. The winners will be notified via email and phone within 1 business day of the selection. If a winner does not respond within 1 business day of this notification to claim their prize, or if any winner does not meet the eligibility criteria, such winner will be disqualified and a new winner will be chosen. If, in SEL’s opinion, there is any suspected or actual evidence that the integrity of the Sweepstakes has been compromised, SEL reserves the right to terminate the Sweepstakes and to award the prizes using all eligible entries received as of the termination date. Should the Sweepstakes be terminated prior to the stated expiration date, notice will be posted on Rinna Beauty’s Instagram Page. Sponsor’s decisions concerning selection of winners, as well as all other matters relating to any Sweepstakes, are final and binding. We will announce the winners on our social channels or you can email customerservice@rinnabeauty.com 9. PRIZES AND ODDS OF WINNING. Subject to verification of eligibility and compliance with these Official Rules, one (1) Grand Prize winner will be selected. The total approximate value of the Grand Prize awarded during the Sweepstakes Period is approximately $250.00. Two (2) Influencer Kits winners will also be selected. The total approximate value of the Influencer Kits Prize awarded during the Sweepstakes Period is approximately $175.00 each. Dollar amounts are expressed in U.S. currency. The winner is responsible for the reporting and payment of all applicable federal, state and local taxes (including income taxes) associated with his/her prize and will and hereby does hold Sponsor harmless from all liability for failure to timely report and/or pay such taxes. An IRS Form 1099 will be issued. Sponsor shall have no responsibility or obligation to the winner or potential winner who is unable to accept or utilize the prizes as described herein. In the case of winner’s forfeiture of prizes, Sponsor may elect another winner according to these Rules. Odds of winning a sweepstakes will depend on the number of eligible entries received for the applicable sweepstakes. Prizes are non-transferable, and no prize substitutions or cash redemptions are allowed. All prizes will be awarded according to these rules and distributed no later than 2 weeks from the end of the Sweepstakes Period. The Grand Prize Winner will receive the following prize: • A $250.00 Amazon Gift Card The two (2) Influencer Kits Winners will receive the following prize: • One (1) Rinna Beauty Ultimate Lip Kit THE PRIZES ARE AWARDED AS IS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS MAY NOT ALLOW (OR MAY LIMIT) DISCLAIMERS OF CERTAIN WARRANTIES, IN WHICH CASE THE FOREGOING DISCLAIMERS WILL BE ENFORCED TO THE MAXIMUM EXTENT PERMITTED BY LAW. 10. PERSONAL DATA: The Winner will be required to submit personal data such as your email address (“Personal Data”) to Sponsor. All Personal Data will be held, used and processed by Sponsor in accordance with Sponsor’s Privacy Policy as it is amended from time to time. 11. WARRANTIES AND CONSENTS: By completing and submitting an entry you: (a) represent and warrant that (i) you have read, and agree to be bound by these Rules, (ii) based on the Rules, you are eligible to participate in the Sweepstakes, and (iii) all of the information provided as part of your entry is accurate, does not violate any third party’s legal rights (including without limitation rights of privacy and publicity), and otherwise does not violate applicable law; (b) consent to the use of your name and/or likeness by Sponsor for promotional purposes (whether online, in print or through any other media now known or hereafter developed), without additional compensation or authorization unless prohibited by law; and (c) agree to be bound by the interpretations of these Rules by Sponsor, which are final in all matters relating to the Sweepstakes. 12. INDEMNIFICATION; RELEASE: By entering the Sweepstakes, you agree to indemnify, defend, and hold harmless Lisa Rinna, Sponsor, and their respective PARENTS, SUBSIDIARIES AND AFFILIATES AND RELATED PARTIES, AND THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS OF EACH (collectively, the “Sponsor Entities”) from and against any and all liability, damages, claim or cause of action (however named or described), including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Sweepstakes and/or receipt or use or misuse of the prize awarded in the Sweepstakes. You release all rights to bring any claim, action or proceeding against Sponsor or any of the Sponsor Entities, further covenant not to sue Sponsor or any of the Sponsor Entities and hereby acknowledge that neither Sponsor nor any Sponsor Entity has made or is in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Sweepstakes or the prize. Neither Sponsor nor the Sponsor Entities are responsible for: (1) any incorrect or inaccurate information, whether caused by you as an entrant, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, Interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from your participation in the Sweepstakes or receipt or use or misuse of any prize. If for any reason your entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, your sole remedy is another entry in the Sweepstakes at the discretion of Sponsor. If it is not possible to award another entry due to discontinuance of the Sweepstakes, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. Except where prohibited you agree that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of New York or the Supreme Court of the State of New York, Suffolk County; (2) any and all claims, judgments and awards shall be limited to actual out of pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (3) under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out of pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction validity, interpretation and enforceability of these Rules, or your rights and obligations or Sponsor’s rights and obligations in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New York, U.S.A. without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York. 13. CONSENT TO RECEIVE TEXT MESSAGES: You consent to receive text messages regarding offers, discounts and/or any marketing, products, services and/or promotions from or on behalf of Sponsor and its affiliates at the telephone number provided to Sponsor, if any, including text messages and/or telephone calls transmitted via an automatic telephone dialing system or predictive dial, artificial or prerecorded voice or other automated technology even if you are on a national or state "Do Not Call" list. You understand and agree that your consent is not a condition of purchasing any good or service from Sponsor or its affiliate companies. I CONSENT TO RECEIPT OF TEXT MESSAGES. ¬¬______ (INITIAL HERE). 14. GENERAL CONDITIONS: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Rules shall not constitute a waiver of that provision. All federal, state and local laws and regulations apply. All federal, state and local taxes, insurance, licensing, registration, and title fees are the sole responsibility of winner. Sponsor reserves the right to substitute a prize of equal or greater value. No substitution or transfer of prize by the winner is permitted. Sponsor is not responsible for any damage to your computer system/software related to or resulting from participation or downloading any materials in this Sweepstakes. A potential winner may be required to provide Sponsor with proof that he/she is the authorized account holder of the e mail address associated with the winning entry. If, for any reason, the Sweepstakes cannot be conducted as planned by reason of infection by computer virus, unauthorized intervention, technical failures, or any other causes beyond the control of Sponsor which, in the sole opinion of Sponsor, corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsor reserves the right in its sole discretion to cancel, terminate, modify or suspend the Sweepstakes. Sponsor reserves the right to modify the Sweepstakes or disqualify you if fraud, misconduct or technical failures destroy the integrity of the Sweepstakes as determined by Sponsor, in its sole discretion. 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. In the event Sponsor is prevented from continuing with the Sweepstakes or the integrity and/or feasibility of the Sweepstakes is severely undermined by any event beyond Sponsor's control, including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor's control (each a "Force Majeure" event or occurrence), Sponsor shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel or terminate the Sweepstakes without any further obligation. If Sponsor, in its discretion, elects to abbreviate the Sweepstakes as a result of a Force Majeure event, Sponsor reserves the right, but not the obligation, to award the prize from among all valid and eligible entries received up to the time of such Force Majeure event, in a random drawing. In no event will more prizes be awarded than stated in these Rules. 15. WINNER’S NAME: For the winner names and/or a copy of these Rules, send a hand printed, self-addressed, stamped envelope to (except where prohibited by law): 2 rodeo drive brentwood NY, 11717 ______________________________________________________________. Vermont residents may omit postage. Requests received after July 3, 2021 will not be honored. I HAVE READ AND UNDERSTAND THE ABOVE AND ACCEPT ALL OF ITS TERMS. AGREED AND CONSENTED TO: Contestant: _________________ {Please Print Name} By: ________________________ {signature}