Terms and Conditions
Effective Date: 12th September 16
BY ACCESSING OR USING ANY PART OF THE SITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS OR USE THE SITE. Your use of the Site, purchase or use of any FTCo products constitutes your agreement to these Terms. . PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER.
By using this Site, you represent and warrant to us that: (1) you are at least the legal age of majority; (2) you are authorized to enter into this Agreement; (3) you will not use the Site for any purpose or in any manner that violates any law or regulation or that infringes the rights of FTCo or any third party; (4) any information or data provided to FTCo by you will not violate any law or regulation or infringe the rights of FTCo or any third party; (5) all information that you provide to us in connection with the Site (e.g., name, e-mail address, and/or other information) is true and accurate; (6) you have read and agree to these Terms; and (7) you are authorized and able to fulfill and perform the obligations and meet the conditions of a user as specified herein.
Subject to this Agreement, we grant you a limited, non-exclusive, worldwide, non-transferable license to use the Site in accordance with the terms and conditions set out in this Agreement. You may access and use the Site (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the Site for your own personal, non-commercial use. You may not post any content to the Site: (a) unless you hold all necessary rights, licenses and consents to do so; (b) that would cause you or us to breach any applicable law, regulation, rule, code or other legal obligation; (c) that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy; (d) that would bring us, or the Site, into disrepute; or(e) that infringes the intellectual property or other rights of any person.
You acknowledge and agree that (a) we retain complete editorial control over the Site and may alter, amend or cease the operation of the Site at any time in our sole discretion; and (b) the Site will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes). Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Site.
In your use of the Site and the Services, you may not: (i) infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party; (ii) defame, abuse, harass, stalk any individual, or disrupt or interfere with the security or use of the Services, the Site or any web sites linked to the Site; (iii) interfere with or damage the Site or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; (iv) attempt to use another user's account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) the Site or create or use a false identity; (v) attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access; (vi) engage, directly or indirectly, in transmission of "spam," chain letters, junk mail or any other type of unsolicited solicitation; (vii) collect, manually or through an automatic process, information about other users without their express consent or other information relating to the Site or the Services; (viii) use any meta tags or any other "hidden text" utilizing the Trim and Cleanse name, trademarks, or product names; (ix) advertise, offer to sell, or sell any goods or services, except as expressly permitted by the Site; (x) engage in any activity that interferes with any third party's ability to use or enjoy the Site or Services; or (xi) assist any third party in engaging in any activity prohibited by this Agreement.
You acknowledge and agree that by clicking on the button labeled "SUBMIT", "DOWNLOAD", “ORDER”, "I ACCEPT" or such similar links as may be designated by the FTCo to accept these Terms, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the "E-Sign Act") or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SITE OR SERVICES OFFERED BY FTCo. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
You expressly absolve and release FTCo from any claim resulting from a cause beyond FTCo’s control, including, but not limited to, failure of electronic or mechanical equipment, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions. To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FTCo BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE, SERVICES, OR PRODUCTS WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, THE USE OF ANY VIMMIA SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF VIMMIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
The contents of the Site, including all software, design, text, graphics, images, photographs, illustrations, audio and video material, artwork, databases, user interfaces, visual interfaces, sounds, artwork, presentations in any format, computer code (including html code), products, information, and documentation, as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of the Site (collectively, “Material”) unless otherwise indicated, are owned, controlled, and licensed by FTCo or its licensors. Any rights granted hereby are expressly licensed. FTCo does not grant any implied right to you or any other person and does not transfer or assign any ownership or intellectual property interest or title in or to the Site (or any part thereof) to you or anyone else. Accordingly, your unauthorized use of the Site (including any Material) may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. The Site and Material is Copyright ©2016 Flat Tummy Co and/or its licensors. You must not alter, delete or conceal any copyright or other notices contained on the Site or Material, including notices on any audio/visual material you access, download, transmit, display, print or reproduce from the Site. You shall not, nor will you allow any third party (whether or not for your benefit), to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Material without the express prior written consent of FTCo or its owner if FTCo is not the owner. FTCo and all other names, logos, and icons identifying FTCo and its products and services are proprietary trademarks of FTCo (or its affiliates), and any use of such marks, including, without limitation, as domain names or account identifiers, without the express written permission of FTCo is strictly prohibited. Other product and company names mentioned herein or on the Site may be the trademarks and/or service marks of their respective owners, who may or may not be affiliated with or sponsor or endorse us (and who may or may not be endorsed by us). You may print a copy of the Material on your computer only for your own personal, non-commercial home use, provided that you do not remove any copyright, trademark or other proprietary notices from the Material. Any other use of the Material is strictly prohibited.
If you have a good faith belief that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you can submit a Notice of Claimed Infringement (NOCI) to FTCo by providing the following information:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
- Identification or description of the copyrighted work or other intellectual property that you claim has been infringed. If you are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (for example, trademark or patent);
- Identification or description of where the material that you claim is infringing is located on the Site, with enough detail that FTCo may find it on the Site;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the use of the material complained of is not authorized by the copyright owner or intellectual property owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Our agent designated to receive claims of copyright or other intellectual property infringement may be contacted as follows:
Att: The Manager
Flat Tummy Co
3175 #2 Highway, Fall River,
Flattummyco.com may contain links to other websites on the Internet that are owned and operated by third parties. We do not control the information, products or services available on these third party websites. The inclusion of any link does not imply our endorsement of the applicable website or any association with the website's operators. Because we have no control over such websites and resources, you agree that we are not responsible or liable for the availability or the operation of such external websites, for any material located on or available from any such websites or for the protection of your data privacy by third parties. Any dealings with, or participation in promotions offered by, advertisers on the website, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable advertiser or other third party. You further agree that we shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such website or any such dealings or promotions. If you decide to access any of the third party websites linked to this Site, you do this entirely at your own risk.
To submit an order (“Order”) for products on the Site (“Products”), you must complete and submit the online order following the directions on the Site. We reserve the right to refuse any Order for any reason. In such case, we will notify you as soon as reasonably practicable and refund to you any payment in full. All Products ordered are for personal use and gifting only. They must not be resold in any form or any place and we reserve the right to take legal action against unauthorized and unofficial sale of our Products.
A user may view prices published on the Site (“Prices”) in their own country’s currency but all prices shown at the final checkout point of the sale are shown in US Dollars. Depending on the currency that you use to pay for a Product, the Price you pay may fluctuate. You are also responsible for any applicable shipping, customs and/or duty fees incurred. We are entitled to claim from you any appropriate taxes, levies or other charges of whatever nature payable on the supply of the Products in that jurisdiction. Prices, including applicable shipping fees and taxes, are subject to change.
By completing your purchase of a Flat Tummy Co subscription item, you will be enrolled in our subscription program. Unless you cancel, about every 4 weeks, you will receive a new supply of your Flat Tummy Co product and you will be charged at your standard subscription rate to the payment card you provide today at the time of each shipment. Please note that the original shipping option will continue (including charges if applicable). To cancel your subscription at any time, email us at email@example.com, or manage your subscription online under your Account Settings. Payments are nonrefundable, and there are no refunds for partially used or unused packs.
To the extent permitted at law we offer no refunds unless a Product is faulty. If you receive a faulty Product you must advise us via email within 7 days of receiving the product and return the Product in its original packaging to us before we can provide a refund. We do not offer refunds if a Product is lost once it has been dispatched from our warehouse. Prices advertised are subject to change, and we reserve the right, in our sole discretion, to increase prices or to offer sales and other promotions for certain products and for a limited duration. We do not accept returns or provide refunds for dissatisfaction with the product unless the product is faulty.
We are not able to accept faulty products or returns from purchases made outside of our website.
Returns should be sent to:
Flat Tummy Co
271 Upper North Road
Highland, NY 12528, USA.
No refunds can be processed after 60 days from purchase.
Subject to the following clauses and to the fullest extent permitted by law, we give no warranty in respect of the Products. For consumers the Products come with non-excludable statutory warranties and guarantees under consumer protection legislation, such as we are the rightful owner, the Products are reasonably fit for their usual purpose, are of acceptable quality, and match any description or sample. If we breach any of these non-excludable warranties or guarantees, you are entitled, at your option, to a refund or replacement of the relevant Products, and to compensation for any reasonable foreseeable loss. You may also have express rights of action against us under consumer protection legislation if we supplied defective Products to you that cause you injury, loss or damage.
This Agreement has been made in and will be construed and enforced in accordance with the laws of the State of New York, without regard to principles of conflict of laws thereof.
All disputes arising out of or relating to any purchase you make with via this Site, any information you provide via the Site, these Terms (including the formation, performance or alleged breach), and your use of the Site will be exclusively resolved under confidential binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA”), including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”) then in effect at the time of the dispute. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. If you initiate arbitration, FTCo will promptly reimburse you for any standard filing fee which may have been required under AAA Rules once you have notified FTCo in writing and provided a copy of the arbitration proceedings. However, if FTCo is the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneys’ fees and costs to FTCo. If for any reason the AAA is unavailable, the parties shall mutually select another arbitration forum. The arbitration will be conducted in the city of Perth, WA, Australia, but may proceed telephonically if the claimant so chooses.
The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms may be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. Notwithstanding the foregoing, we will have the right to seek injunctive or other equitable relief in state or federal court located to enforce these Terms or prevent an infringement of a third party’s rights. In the event equitable relief is sought, each party hereby irrevocably submits to the personal jurisdiction of such court.
ANY DISPUTES ARISING OUT OF OR RELATING TO ANY PURCHASE YOU MAKE WITH VIA THIS SITE, ANY INFORMATION YOU PROVIDE VIA THE SITE, THESE TERMS (INCLUDING THEIR FORMATION, PERFORMANCE OR ALLEGED BREACH), AND YOUR USE OF THE SITE SHALL BE SUBMITTED INDIVIDUALLY BY YOU, AND SHALL NOT BE SUBJECT TO ANY CLASS ACTION OR REPRESENTATIVE STATUS. BY ENTERING INTO THIS TOS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS or participate as a member of a class of claimants with respect to any claim submitted to arbitration. The parties to this arbitration agreement acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is nonseverable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties' agreement to arbitrate shall be null and void. YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST FTCo IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING AND YOU ARE GIVING UP THE RIGHT TO LITIGATE THROUGH A COURT, OR TO HAVE A JUDGE OR JURY DECIDE YOUR CASE.
We may vary these Terms at any time by publishing a revised version of the Terms on this Site. You can review the most current version of the Terms at any time on this page. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site, and/or purchase of Products from us following the posting of any changes constitutes acceptance of those changes.
We may terminate or suspend this Agreement or operation of or access to the Site at any time without notice to you. Without limiting the foregoing, FTCo shall have the right to immediately terminate your access to the Site in the event of any conduct by you which FTCo, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement.
Results from consuming the products offered on the Site may vary from person to person. Please do not use the products available on the Site when pregnant or breast feeding. You should consult your doctor before using the products offered on the Site, or any dietary supplement. The statements on the Site have not been evaluated by the Food and Drug Administration, and the products offered on the Site are not intended to diagnose, treat, cure, or prevent any disease.
These Terms constitute the whole agreement between you and Flat Tummy Co relating to its subject matter and supersedes all prior discussions and agreements between you and Flat Tummy Co relating to the subject matter of these Terms. The failure of FTCo to exercise or enforce any right or provision of this Agreement does not constitute a waiver of any such right or provisions. If a provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions. Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it. If any provision of these Terms is found by an arbitrator or court of competent jurisdiction to be invalid, such term shall be severed and the remaining terms shall be unaffected. Certain provisions in this Agreement, including the Limitation of Liability and No Warranty sections, are inapplicable and unenforceable in New Jersey.
TUMMY WINBACK SWEEPSTAKES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. Void where prohibited by law and outside the United States. Subject to all federal, state and local laws, regulations, and ordinances. Sweepstakes begins on January 23, 2018 at 6:00 p.m. Eastern Time ("ET") and ends on February 2, 2018 at 4:00 p.m. ET (the "Sweepstakes Period"), and will consist of the following two entry periods (each, an "Entry Period"):
|Entry Period||Entry Period Dates/Times||Approximate Winner Selection Date|
|1||01/23/2018 at 6:00 pm ET to 01/26/2018 at 4:00 pm ET||01/26/2018|
|2||01/29/2018 at 6:00 pm ET to 02/02/2018 at 4:00 pm ET||02/02/2018|
Sponsor's computer is the official time keeping device for this Sweepstakes.
1. Eligibility: The Tummy Winback Sweepstakes (the "Sweepstakes") is open to legal U.S. residents currently residing in the 50 United States and the District of Columbia who are 18 years old or the age of majority, whichever is older as of the date of entry. Employees, officers, and directors of Nomad Choice Pty Ltd, d/b/a Flat Tummy Co ("Sponsor") or any of its parents, affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment, and marketing agencies, web site providers, web masters, and members of their immediate families (spouses, parents, siblings and children, regardless of where they live) and those living in the same household are not eligible to enter or win. Participation constitutes entrant's full and unconditional agreement to these Official Rules and to Sponsor's decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein. Sponsor reserves the right to verify the eligibility of winners.
2. Sponsor: Nomad Choice Pty Ltd, d/b/a Flat Tummy Co, 865 Spring Street, Westbrook, ME 04092.
3. How to Enter: During either Entry Period, place an order for any Flat Tummy Co product on https://flattummyco.com/ (no minimum or maximum purchase required). Upon submission of the order, you automatically will be entered with one (1) entry into the Sweepstakes for that particular Entry Period. You may also enter during either Entry Period by sending an email to firstname.lastname@example.org with your name, email address, and home address (the "Alternative Method of Entry"). Upon receipt of such email, you automatically will be entered with one (1) entry into the Sweepstakes for that particular Entry Period. All potential winners are subject to verification before any prize will be awarded. Normal Internet access, phone, and usage charges imposed by your online or phone service may apply. Limit: LIMIT ONE (1) ENTRY PER PERSON PER ENTRY PERIOD. ADDITIONAL ENTRIES WILL BE DISQUALIFIED. Automated or bulk entries or entries submitted by third parties will be disqualified. Entries must be submitted by the entrant. Any attempt by any participant to obtain more than the stated number of entries by using multiple and/or different identities, forms, email addresses, or any other methods will void that participant's entries, and that participant may be disqualified at Sponsor's discretion. Multiple participants are not permitted to share the same email address. In the event of a dispute as to any entry, the authorized account holder of the email address used to enter will be deemed to be the entrant. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder to the Sponsor or forfeit the prize. Entries specifying an invalid, non-working, or inactive email address will be disqualified and ineligible to win. You must complete all required information to be eligible to enter. Incomplete, illegible, corrupted, or untimely entries are void and will be disqualified.
Sponsor and Sponsor's agents, affiliates, subsidiaries, representatives or service providers may use entrants' personal information submitted with entry for purposes of prize fulfillment and/or for future marketing by Sponsor, such as to notify them of a product or promotion that Sponsor thinks may be of interest.
4. Selection of Winners: On or about January 26, 2018, Sponsor will select the names of the potential winners from Entry Period 1 in a random drawing from among all entries received during Entry Period 1. On or about February 2, 2018, Sponsor will select the names of the potential winners from Entry Period 2 in a random drawing from among all entries received during Entry Period 2. The odds of winning are based on the number of eligible entries received. The potential winners will be notified by email on or about the winner selection dates. Except where legally prohibited, each potential winner may be required to sign and return, within seven (7) days of being notified, an Affidavit/Declaration of Eligibility, Liability & Publicity Release in order to claim his/her prize. If a potential winner cannot be contacted in person via email after the first attempt to contact him/her, or if he/she fails to sign and return the Affidavit/Declaration of Eligibility, Liability & Publicity Release within the required time period (if applicable), or in the event that a potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner selected by a random drawing from among all remaining eligible entries. Only three (3) alternate drawings will be held, after which any remaining prizes will remain un-awarded.
Verification of Potential Winners: ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT'S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
5. Prizes: Five (5) prizes will be awarded for each Entry Period, for a total of ten (10) prizes. Each prize consists of a refund of the total amount spent by winner for the Flat Tummy order associated with his/her entry. For winners who entered using the Alternative Method of Entry, the prize will consist of $60.75 issued in the form of a check or online money transfer method (to be determined in Sponsor's sole discretion). Approximate Retail Value ("ARV") of each prize: $60.75. Total ARV of all prizes to be awarded: $607.50. (ARV will vary depending on amount of purchases associated with winning entries.)
PRIZE RESTRICTIONS: Limit one (1) prize per person, per household. Any and all applicable federal, state, and local taxes and all fees and expenses related to acceptance and use of prize not specifically stated herein are the responsibility solely of winner. Prize cannot be substituted, assigned, transferred, or redeemed for cash; however, Sponsor reserves the right to make equivalent prize substitutions at its sole discretion. Sponsor will not replace any lost or stolen prizes or components of a prize(s). Prize cannot be used in conjunction with any other promotion or offer. Only the number of prizes stated in these Official Rules is available to be won in the Sweepstakes. If, by reason of a print or other error, more prizes are claimed than the number set forth in these Official Rules, an alternate winner will be selected in accordance with the winner selection method described above from among all eligible claimants making purportedly valid claims to award the advertised number of prizes available.
6. GENERAL CONDITIONS: This Sweepstakes is governed by the laws of the United States. Participation constitutes entrant's full and unconditional agreement to these Official Rules and to Sponsor's decisions, which are final and binding in all matters related to the Sweepstakes. Sponsor and its agencies are not responsible for lost, late, incomplete, damaged, stolen, misdirected, or illegible entries; lost, interrupted, or unavailable network, server, or other connections, garbled transmissions or miscommunications, telephone transmission problems; computer or software malfunctions or damage to a user's computer equipment (software or hardware); technical failures; or other errors or malfunctions of any kind whether human, mechanical, electronic, or otherwise. Proof of sending or submission of entry will not be deemed proof of receipt by Sponsor. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR 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 PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the entry process, the website, and/or the legitimate operation of the Sweepstakes; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. If, for any reason, the Sweepstakes is not capable of running as planned, Sponsor may, in its sole discretion, void any suspect entries and (a) cancel or terminate the Sweepstakes (or any portion thereof); (b) modify the Sweepstakes or suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; and/or (c) award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment.
7. PUBLICITY; LIMITATIONS OF LIABILITY AND RELEASES: BY PARTICIPATING IN THIS SWEEPSTAKES, ENTRANT AGREES THAT SPONSOR AND ITS PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, REPRESENTATIVES, CONSULTANTS, CONTRACTORS, LEGAL COUNSEL, ADVERTISING, PUBLIC RELATIONS, PROMOTIONAL, FULFILLMENT AND MARKETING, WEBSITE PROVIDERS, WEB MASTERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS (THE "RELEASED PARTIES") WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, ENTRY, OR PARTICIPATION IN THIS SWEEPSTAKES OR IN ANY SWEEPSTAKES RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM. BY PARTICIPATING IN THIS SWEEPSTAKES, ENTRANT AGREES THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SUCH SITE.
EXCEPT WHERE PROHIBITED BY LAW, PARTICIPATION IN THE SWEEPSTAKES CONSTITUTES WINNER'S GRANT TO SPONSOR (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR), AND THE RELEASED PARTIES THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLD WIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING BUT NOT LIMITED TO THE WORLD WIDE WEB, AT ANY TIME OR TIMES, THE WINNER'S ENTRY, NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, OPINIONS AND BIOGRAPHICAL INFORMATION (INCLUDING BUT NOT LIMITED TO HOMETOWN AND STATE) FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS SWEEPSTAKES, INCLUDING THE WEBSITE AND ALL PRIZES, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
9. DISPUTES. Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest 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 Southern District of New York or the appropriate State Court located in New York; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys' fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives 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 Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than the State of New York.
11. WINNERS LIST: For a list of winners available after February 3, 2018, send a self-addressed, stamped envelope for receipt by April 3, 2018 to: Flat Tummy Co, 865 Spring Street, Westbrook, ME 04092. Vermont residents may exclude return postage on requests for Official Rules.