Terms & Conditions
Website Terms and Conditions
Style Avenue Boutique is a website located at www.styleavenueboutiquellc.myshopfiy.com and is owned and operated by Style Avenue Boutique LLC. These Website Terms and Conditions are revised as of February 21, 2024.
Welcome to Style Avenue Boutique (the “Website”). Style Avenue Boutique provides access to the Website to you subject to the following terms and conditions. In return for accessing the Website, you agree to be bound by these terms and conditions of use without limitation or qualification. This is a legally binding agreement between you as the user(s) of the Website (sometimes referred to as “you”, “your” or “Subscriber” hereinafter) and Style Avenue Boutique LLC (sometimes referred to as “we”, “our” or “styleavenueboutiquellc.myshopify.com” hereinafter). If you do not intend to be legally bound by these terms and conditions of use, do not access, or use the Website. Essentially, if you visit the Website, you accept all terms and conditions of use. Please read them carefully. If you do not agree to these terms of use in their entirety, you may not use the Website and should not proceed to register.
We may modify these terms and conditions from time to time. If you do not agree to any modifications, you should terminate your use of our Website and its Service (as defined below). Your continued use of the Website will constitute a binding acceptance by you of these terms and conditions, or any subsequent modifications.
Website and Services. The Website provides you with the ability to purchase Style Avenue Boutique products, contact us, join our Subscription Program (as defined below), and other services that may be available in the future (collectively referred to as the “Service”). More specifically, our “Service” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, and any other materials you may view on, access through, or contribute to the Website. The Service includes all aspects of the Website, including but not limited to all profiles, tools, and services offered via the Website.
The Service may contain links to third party websites that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any other person or third-party websites. In addition, we will not and cannot review, monitor, censor, or edit the content of any user, profile, photograph, message, or any other content of any third-party site. By using our Website and the Service, you expressly relieve us from any and all liability arising from your use of the Website and the Service, including any third-party website.
Services
Sale of Products. The Website hosts a webstore of products equipped with payment and transactional functions enabling you to purchase available inventory. We attempt to be as accurate as possible when listing product and manufacturer information, however we do not warrant that the information is error-free. We reserve the right to deny any sale due to website errors.
Subscription. The Website enables you to register and become a Subscriber (“Subscriber”). Subscribers will gain access to premium content and will be automatically entered into Giveaways (as defined below) on a monthly basis (“Subscription”). Subscriptions auto-renew on a monthly or annual basis, unless you purchase a one-time Subscription. The Subscription period will begin on the day you enable and purchase the Subscription feature of the Service and will renew every 30 days (“Subscription Period”). To avoid charges for a new Subscription Period, you must cancel the Subscription as set forth in the Service Use Terms below. You will be given notice for any changes in pricing for Subscriptions.
Giveaways. The Website hosts Giveaways where you can enter for a chance to win a Prize. No purchase is necessary to enter the Giveaway. Your country, state, principality, or governing body may allow you to enter a Giveaway but not allow you to receive the Prize from winning such Giveaway. It is your responsibility to review any specific restrictions before claiming that Prize or entering such Giveaway. We are not obligated to deliver a Prize or allow your entry into a Giveaway if such delivery or entry would violate applicable law or regulations. To be eligible to enter a Giveaway or be awarded the Prize identified on each Giveaway’s webpage on the Website (the “Giveaway Webpage”), you must fully comply with the Official Rules. Every Giveaway has specific terms and conditions (the “Official Rules”) which can be found on the Website. By participating in a Giveaway, you agree to accept the terms and conditions of the Official Rules and Style Avenue Boutique decisions which are final and binding in all matters relating to the Website and Giveaway(s). If there is any inconsistency between the Official Rules and these terms and conditions, the Official Rules shall govern. Each Giveaway is subject to all applicable international, federal, state, and local laws and regulations and is void where prohibited.
Service Use Terms
Eligible Users. You must be at least 18 years of age to access and use the Service. Any use of the Website or Service is void where prohibited. If you are under age 18, you may not, under any circumstances or for any reason, use the Service. We may, in our sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these terms and conditions are in compliance with all laws, rules, and regulations applicable to you and the right to access the Service is revoked where these terms and conditions or use of the Service is prohibited or to the extent provision of the Service conflicts with any applicable law, rule, or regulation. Further, the Service is offered only for your use, and not for the use or benefit of any third party. By accessing and using the Website or the Service, you represent and warrant that you have the right, authority, and capacity to accept and abide by all of the terms and conditions.
Subscriptions. If you purchase a Subscription, it will renew at the end of the Subscription Period unless you cancel. Subscriptions renew every thirty (30) days, and you will be charged $5 USD (plus taxes) for each Subscription Period. To avoid charges for a new Subscription Period, you must cancel (as described below) before the end of the existing Subscription Period. We reserve the right to make changes to Subscriptions including but not limited to pricing. If we change these prices, we will provide notice. If you do not cancel your Subscription, you agree that you will be charged at the current pricing for the Subscription.
You may cancel or change your payment method for a Subscription at any time via our Website. If you cancel your Subscription, you may use your Subscription until the end of the Subscription Period you last paid for, but (a) you will not be eligible for a prorated refund, (ii) your Subscription will not be renewed when that Subscription Period expires, and (iii) you will then no longer be able to use the Service enabled by your Subscription.
Giveaways. As conditions of entering into any Giveaway on the Website, you expressly (a) represent and warrant that you agree to be bound by these terms and conditions, the corresponding Official Rules, and decisions of Style Avenue Boutique LLC, which will be binding and final in all matters related to the Giveaway and Service, (b) releases Style Avenue Boutique LLC. and its partners from all liability, damages, loss, or expense arising out of, in connection with, or participation in any Giveaway, or the acceptance, use, or misuse of any prize or the Service, (c) waives all rights to claim damages, (d) agrees that all claims, disputes, or causes of legal action connected with the Service, Giveaway or the prize shall be resolved in binding arbitration in the State of New York, and (e) agrees that any and all claims, judgements, and awards if permitted to proceed, will be limited to actual out-of-pocket expenses (if any), excluding attorney’s fees and costs. Some jurisdictions do not allow the limitations or exclusion of liability set forth above, so some of the provisions contained in this section may not apply to you.
Placing an Order. To place an order through the Website, you must provide us with all required information. This may include, without limitation, your full name, shipping and billing address, telephone number, or payment information including but not limited to your credit card number, card verification number, and expiration date. Purchases may be executed via Shop, Apple Pay PayPal, or other third-party payment service providers that we may make available for your use. We are not responsible or liable for any activities or conduct of PayPal or other third-party service providers, and you agree to hold us harmless and expressly release us from any and all liability arising from or in connection with any products that are offered for sale via the Website. We reserve the right to deny any sales due to Website errors. In the event of a denied sale due to a Website error, you will be notified by phone or email and will receive a merchandise credit.
Payments and Transactions. We may use third-party payment platforms including but not limited to Shop, Apple Pay, or PayPal to process credit card, debit card, and financial transactions for your Subscriptions and purchases on the Website. In addition, third-party payment platforms and their associated websites may be displayed via your web browser, that allows you to access the third-party payment platform without leaving the Website. You expressly understand and agree that we shall not be liable for any payments and monetary transactions that occur through your use of the Website. You expressly understand and agree that all payments and monetary transactions are handled by third parties. You agree that we shall not be liable for any issues regarding financial and monetary transactions between you and any other party. You are responsible for all transactions (one-time, recurring, and refunds) processed through the Website, browsers, and/or third parties. We are not liable for loss or damage from errant or invalid transactions processed due to a network communication error, or any other reason. If you process a transaction, it is your responsibility to verify that the transaction was successfully processed. You must not process stolen credit cards, or unauthorized credit cards through the Website.
Delivery . Orders are usually shipped within 1 to 2 business days from date of order. Your order may be subject to government inspection, shipping delays, strikes, and other unforeseeable events, we therefore do not guarantee a specific delivery date, rather we provide you with an estimated date. Orders are shipped to the address provided at the time you place the order. We reserve the right to offer you an option for expedited shipping at an additional cost. Please note that additional local taxes may be applied.
The majority of items are shipped via FedEx Ground or UPS. We reserve the right to utilize a carrier of our choice. The risk of loss and damage for all products you order passes to you upon our delivery to the carrier.
Return Policy . If you are not satisfied with a purchase, you may return most items within thirty (30) days from date of purchase for a Style Avenue Boutique merchandise credit. We hold the right to deny a return shipment. Before returning any product, you must contact us at [insert email address]. Any product returned without a return authorization will be refused and shipped back to you at your expense. We do, however, require that you pay to ship the item back to us. Once the item is received back, you will be issued a merchandise credit.
Products must be returned to us in their original condition and packaging complete with all tags, instructions, and inserts. Products cannot be returned once they have been taken out of the original packaging and used.
Please allow 2-3 weeks for processing. For more information or further return instructions please email [insert email address].
Notices and Restrictions. The Service may contain content specifically provided by us, or our partners, and such content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any content accessed through the Service.
Use License. Subject to these terms and conditions, we grant each you a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) content solely for purposes of using the Service. Use, reproduction, modification, distribution, or storage of any content for other than purposes of using the Service is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any content for commercial use or in any way that violates any third party right. Your license to use and access the Service and the content is automatically revoked if you violate these terms and conditions in a manner that violates our intellectual property rights. All rights not explicitly granted to you are reserved by us.
General Permissions and Restrictions for Use of the Service. We hereby grant you permission to access and use the Service as set forth in these terms and conditions, provided that: (i) You agree not to distribute in any medium any part of the Service; (ii) You agree not to alter or modify any part of the Service; (iii) You agree not to access the Service through any technology or means other than explicitly authorized means we may designate; (iv) You agree not to use the Service for any of the following commercial uses: (a) the sale of access to the Service; (b) the sale of advertising, sponsorships, or promotions placed on or within the Service or content; or (c) the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing content delivered via the Service; (v) You agree to comply with all applicable laws, and further agree not to violate any applicable laws through use of the Service; and (vi) You agree not to violate any of the terms and conditions. We reserve the right to discontinue any aspect of the Service or terminate your Subscription at any time for any reason.
Code of Conduct and Further Restrictions on Use of our Service. In addition to the restrictions above, the following restrictions and conditions apply specifically to your use of the Service: (i) the Service, and the trademarks, service marks and logos (“Marks”) on the Service, are owned by or licensed to us, subject to copyright and other intellectual property rights under the law; (ii) content is provided to you AS IS. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content for any other purposes without our prior written consent; (iii) You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; (iv) You understand that when using the Service, you will be exposed to content from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further agree not to (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Service that: (a) fails to comply with these terms and conditions; (b) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty; (c) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, offensive or is otherwise inappropriate as determined by us in our sole discretion; (d) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”); (e) contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party; (f) impersonates any person or entity, including any of our employees or representatives; or (g) includes anyone’s identification documents or sensitive financial information.
You further shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); (iv) run any form of auto-responder or “spam” on the Service; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; (vi) harvest or scrape any content from the Service; (vii) otherwise take any action in violation of our guidelines and policies; (viii) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service (including without limitation any Applications), except to the limited extent applicable laws specifically prohibit such restriction, (ix) modify, translate, or otherwise create derivative works of any part of the Service, or (x) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws, and regulations.
You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, public, private, personal, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold us harmless to the fullest extent allowed by law regarding all matters related to your use of the Service.
Responsibility for Your Content and Conduct. If you chose to share your personal information, photographs, and other content (including communications) through the Service, you understand that we do not guarantee any confidentiality with respect to any content you submit. You shall be solely responsible for your own content and the consequences of submitting your content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish content you submit; and you license to us all patent, trademark, trade secret, copyright, or other proprietary rights in and to such content for publication on the Service pursuant to these terms and conditions. You further agree that content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material, or you are otherwise legally entitled to post the material and to grant us all of the license rights granted herein. We do not endorse any content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with content. We do not permit copyright infringing activities and infringement of intellectual property rights on the Service, and we reserve the right to remove all content if properly notified that such content infringes on another's intellectual property rights without prior notice.
Termination. We may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your access. If you wish to terminate your Subscription, you may do so by following the instructions on the Service. Any fees paid in connection with the Service are non-refundable. All provisions of these terms and conditions which, by their nature, should survive termination shall survive termination, including, without limitation, licenses, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Third Party Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, information, goods or services available on or through any such website or resource.
Additional Terms
Geographic Scope. While this Website may be viewed internationally and may contain references to the Service not available in all countries, you agree that: (i) the Service shall be deemed solely based in New York; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than New York. We may in our sole discretion limit, deny or create different level of access to and use of any Service (or any features within the Service) with respect to different users.
Electronic Communications . When you visit the Website, contact us through the Website, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically via e-mail or by posting notices on the Website satisfy any legal requirement that such communications be in writing.
Acceptance of Modification of Terms and Conditions. You acknowledge and agree that we may amend any terms and conditions at any time by posting the relevant amended and restated terms and conditions on the Website. By continuing to use the Service or the Website, you agree that the amended terms and conditions will apply to you. No further action will be required by us for your acceptance of the amended terms and conditions.
Proprietary Information. The Service contains information, which is proprietary to us and our partners. We assert full copyright protection in the Service. Any information posted by us, or the Service may be protected whether or not it is identified as proprietary to us or our partners. You agree not to modify, copy or distribute any such information in any manner whatsoever without having first received the express permission of the owner of such information.
Limited License, Website Access, and Non-Commercial Use. We grant you a nonexclusive, nontransferable, revocable, limited right and license to access and make personal use of the Service and the material provided hereon for your personal, noncommercial use, provided that you fully comply with the terms and conditions of use of the Service. You agree not to download (other than page caching) or modify the Service, or any portion of it.
This license does not include any rights of resale or commercial use of the Service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Service or any portion of the Service may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including, without limitation, images, text, page layout, or form). You may not use any metatags or any other “hidden text” utilizing our name or trade names, trademarks, or service marks. Any unauthorized use terminates the permission or license granted by us.
Service Descriptions. We attempt to be as accurate as possible when describing our Service on the Website. However, we do not warrant that service descriptions or other content of this website are accurate, complete, reliable, current, or error-free.
Copyright. All content included on the Service, including, but not limited to, text, design, graphics, logos, button icons, images, audio clips, digital downloads, interfaces, data compilations, software, and code, is our property and is protected by United States and international copyright laws. The compilation of all content on this website is our exclusive property and is protected by U.S. and international copyright laws. All software used on this website is our property or licensed to us and is protected by United States and international copyright laws. Nothing contained on the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the copyrighted works displayed or contained in the Service.
Trademarks. We own of the following registered and unregistered trademarks, service marks, trade names, graphics, logos, page headers, button icons, scripts, trade dress, or other indicia of trade origin that appear on this Website, including, without limitation, the following:
The registered and unregistered trademarks, service marks, trade names, graphics, logos, page headers, button icons, scripts, trade dress, or other indicia of trade origin may not be used in connection with any business, product, or service whose source is not ours, in any manner that is likely to cause confusion among customers, the trade, or the public, or in any manner that disparages or discredits us, our Service. All other trademarks, service marks, trade names, and logos not owned by us or its affiliates that appear on the Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. Nothing contained on the Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trademarks, service marks, trade names, graphics, logos, page headers, button icons, scripts, trade dress, or other indicia of trade origin displayed or contained on the Website.
Patents. One or more patents apply to the Website and to the features, products, and the Service accessible via the Website. Nothing contained on the Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the foregoing patents, licensed patents, or the patentable inventions contained therein.
Copyright Complaints. We respect the intellectual property rights of others, and we ask you to do the same. The following actions may be used to remove content upon receipt of intellectual property infringement claim against the same from intellectual property right holders. In appropriate circumstances and in our discretion, we may terminate the rights of any individual to use of the Website (or any part thereof) who infringes the intellectual property rights of others.
If you believe that your work has been copied in a way that constitutes copyright infringement, or if you are aware of someone so infringing on your rights, please provide the following information to the “Copyright Agent” specified below:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the Website;
- Your address, telephone number, and e-mail address;
- A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, and or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf.
You may send any notices, including notices of copyright infringement under the Digital Millennium Copyright Act, at the following addresses:
Style Avenue Boutique LLC
PO Box 1578
Riverhead, NY 11901
Please note that this procedure is exclusively for notifying us that your copyrighted materials have been infringed. All intellectual property infringement claims shall be made under penalty of perjury. Intellectual property right holders agrees to indemnify and hold us harmless from all claims, causes of action, damages and judgments arising out of any removal of product listings pursuant to intellectual property infringement claims.
THIS POLICY IS INTENDED TO COMPLY FULLY WITH THE REQUIREMENTS OF THE ONLINE COPYRIGHT INFRINGEMENT LIABILITY LIMITATION ACT
Disclaimer of Warranties and Limitation of Liability. The Website is provided by us on an “as is” and “as available” basis. We make no representations or warranties of any kind, express or implied, as to the operation of the Website or the information, content, materials, or products included on the Website. You expressly agree that your use of the Website is at your sole risk.
To the fullest extent permissible by applicable law, WE disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. WE DO not warrant that the Website, its SERVICE, ITS servers, or e-mail sent from US are free of viruses or other harmful components. WE will not be liable for any damages of any kind arising from or relating to the use of the Website, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages. YOU AGREE THAT OUR MAXIMUM LIABILITY TO YOU FOR BREACH OF THIS AGREEMENT, OR FOR ANY OTHER REASON, SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF FEES YOU HAVE PAID FOR USE OF THE SERVICE, IF ANY.
AS SET FORTH ABOVE, WE ARE NOT LIABLE FOR INFORMATION, INCLUDING BUT NOT LIMITED TO, THE LEAK OR DISSEMINATION OF ANY PRIVATE INFORMATION OR CONFIDENTIAL FILES, RECORDINGS, ANY CONTENT SHARED THROUGH SCREEN SHARING TECHNOLOGY (OR THROUGH ANY OTHER MEANS), OR ANY HARM CAUSED BY THE RECEIPT, DELIVERY, OR USE OF INFORMATION OR MALICIOUS FILES.
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.
Governing Law. This Service was developed in the United States of America in accordance with and shall be governed by the laws of the State of New York, United States of America. By using the Service, you agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern these terms and conditions of use, and any dispute of any sort that might arise between you and us.
Disputes. These terms and conditions and all matters arising out of or otherwise relating to these terms and conditions shall be governed by the laws in effect in the State of New York, without regard to its conflict of law provisions. You agree that any and all controversies, disputes or claims arising out of your use of the Website, the Service, or these terms and conditions shall be exclusively governed and decided by binding arbitration under the Federal Arbitration Act in conformity with the Rules and Procedures as established by the American Arbitration Association. The determination of the arbitrator shall be final and binding (except to the extent there exist grounds for vacation of an award under applicable arbitration statutes). The arbitration shall be presided over by a single impartial independent arbitrator appointed by the AAA. The parties agree that the issue of arbitrability shall also be decided by such arbitrator. Each party shall bear its own costs in any arbitration. The arbitration provision contained herein shall be self-executing and shall remain in full force after expiration or termination of this Agreement. The place of arbitration shall be Suffolk County, New York.
YOU WAIVE ANY RIGHT TO LITIGATE SUCH CONTROVERSIES, DISPUTES, OR CLAIMS IN A COURT OF LAW, AND WAIVE THE RIGHT TO TRIAL BY JURY. THE ARBITRATOR SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ANY AND ALL DISPUTES OVER THE VALIDITY AND ARBITRABILITY OF ANY PART OF THIS AGREEMENT, AND ANY AWARD BY THE ARBITRATOR MAY BE ENTERED AS A JUDGMENT IN ANY COURT HAVING JURISDICTION. YOU UNDERSTAND AND ACKNOWLEDGE THAT BY JOINING OUR WEBSITE OR CREATING A FREE PROFILE YOU SPECIFICALLY WAIVE ANY RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN ANY CLASS ACTION OR CLAIM OR COLLECTIVE ACTION OR CLAIM YOU MAY HAVE AGAINST US, INCLUDING, BUT NOT LIMITED TO, ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATION OR JOINING ANY CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY IN A LAWSUIT OR ANY OTHER PROCEEDING. YOU AGREE THAT ALL CLAIMS BETWEEN YOU AND US WILL BE LITIGATED INDIVIDUALLY AND THAT YOU WILL NOT CONSOLIDATE OR SEEK CLASS TREATMENT FOR ANY SUCH CLAIM. IF AT ANY TIME YOU ARE DEEMED A MEMBER OF ANY CLASS CREATED BY ANY COURT OR IN ANY OTHER PROCEEDING, YOU SHALL "OPT OUT" OF SUCH CLASS AT THE FIRST OPPORTUNITY, AND SHOULD ANY THIRD PARTY PURSUE ANY CLAIMS ON YOU’RE BEHALF YOU SHALL WAIVE YOUR RIGHTS TO ANY SUCH MONETARY RECOVERY.
Severability, Waiver, Assignment, and Merger. If any of these terms or conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severed and will not affect the validity and enforceability of any remaining condition. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to enforce any right or failure to act with respect to any breach by you under the terms will not constitute a waiver of that right nor a waiver of our right to act with respect to subsequent or similar breaches. We shall have the right to assign the terms and conditions (including all of our rights, titles, benefits, interests, and obligations and duties in the terms and conditions to any person or entity. You may not assign, in whole or part, the terms and conditions to any person or entity. This constitutes the entire agreement between you and us and governs your use of the Website and the Service, superseding any prior written or oral agreements in relation to the same subject matter herein.
Third Notice as to Modification. We reserve the right, in our sole discretion, to change, modify, add to, or remove portions of the Website, Service, and the terms and conditions at any time. You should check these terms and conditions periodically for changes. By using the Website after we post any changes to the terms and conditions, you agree to accept those changes, regardless of whether you have reviewed them. If you do not agree to these terms and conditions, you should not use the Website and, if applicable, you should arrange to cancel your Subscription with us.
STYLE AVENUE BOUTIQUE’S
EGGS IN A BASKET
OFFICIAL SWEEPSTAKES RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE
WILL NOT INCREASE YOUR CHANCES OF WINNING.
VOID WHERE PROHIBITED BY LAW.
OFFERED ONLY TO LEGAL RESIDENTS OF THE UNITED STATES,
AGE 18 OR OLDER.
Enter to win a [Choice of Necklace or Heart Handbag]! Here are these official sweepstakes rules:
1. ENTRY PERIOD: Style Avenue Boutique’s Eggs In A Basket Sweepstakes (the “Sweepstakes”) is sponsored by Style Avenue Boutique LLC (hereinafter, the “Sponsor”). The sweepstakes begins at 7:00 PM EST on [2/17/2024] and ends at 7:00:00 PM EST on [2/25/24] or when 50 hundred (50) eligible entries (“Maximum Entries”) have been received by the Sponsor (“Entry Period”).
2. SWEEPSTAKES ELIGIBILITY: The Sweepstakes is open only to legal residents of the United States who are 18 years of age or older as of the date of entry. The following persons are not eligible to participate in the Sweepstakes: Sponsor; any of Sponsor’s parents, subsidiaries, affiliates, or advertising and promotion agencies; and any employee, officer, director, representative or agent of any of the foregoing persons and the immediate family members (spouses and siblings, children and parents and their spouses, regardless of where they live) or members of the same households (whether related or not) of such individuals. Void where prohibited or restricted by law. Sponsor may verify eligibility at any time, including but not limited to, verifying a participant. The Sponsor will make any determinations of eligibility. Sponsor’s decision as to eligibility is final.
3. TO PARTICIPATE: Eligible participants can enter the Sweepstakes in the following manner by:
Entry Method 1: Purchase a $10 charm Bracelet at the following link: https://styleavenueboutiquellc.myshopify.com/products/20-eggs-in-a-basket
Entry Method 2: Mailing Style Avenue Boutique a post card with your full name, email address, mailing address, and telephone number to the following address:
Style Avenue Boutique LLC
P.O. Box 1578 Riverhead, NY 11901
Postcards must be received in advance of the Entry Period to be entered, and will receive one (1) entry.
Limit one (4) entries per person regardless of entry method.
Entries must be received by Sponsor no later than 8:00:00 PM EST on [2/25/24], or before Maximum Entries are received. Once the Maximum Entries for the Sweepstakes has been reached, no further entries will be accepted or be eligible. Any attempt by a person to use multiple identities, fraudulent transactions, or cancelled transactions to gain more entries than permitted by these Official Rules shall result in disqualification in Sponsor’s sole discretion. By participating, entrants warrant and represent that they agree to be bound by these Official Rules and the final decisions of the Sponsor. Entry information becomes the exclusive property of Sponsor upon submission. Proof of submission of entry does not constitute proof of receipt of entry. It is the sole responsibility of the entrant to notify the Sponsor in writing if the entrant changes his or her telephone number during the Sweepstakes.
4. RANDOM DRAWING/ODDS: On [2/25/2023] at 8:00PM EST, the Sponsor will select two (2) potential winners by way of a random drawing. All eligible entries will be assigned a random number. Each number will be written on an egg and placed in a basket. Eggs will be drawn at random until all eggs are selected from the basket. The entrant assigned to the first numbered egg selected will win the second (2nd) place prize. The entrant assigned to the final numbered egg that selected will receive the first (1st) place prize. No other prizes will be awarded. Odds of winning depend on the number of eligible entries received.
The selection of the winners will be livestreamed on the Sponsor’s Instagram and TikTok profile located at the following link:
https://www.instagram.com/styleavenueboutiquellc/
https://www.tiktok.com/@styleavenueboutiq
If the potential is not able to attend Sponsor’s Instagram and/or TikTok live for the live drawing, Sponsor will email potential winner.
5. PRIZE: The Prize will be procured, administered, and distributed by Sponsor. The first (1st) place winner will receive [Choice of Gucci Necklace or Kate Spade Heart Bag], and the second (2nd) prize winner will receive [Candle] (the “Prize”). The total maximum retail value of the Prize is $ [Kate Spade $130, Stanley's $70, Blue MK Bag $80] USD. The total maximum retail value of all Prizes is $ [280] USD. Actual value may vary based on shipping and handling. The winners will not receive cash value or any other form of compensation. No prize transfer. No other prize substitution, except at Sponsor sole discretion due to unavailability, in which case a prize of comparable or greater value will be awarded. All taxes (including without limitation Federal, state, and local taxes) in connection with the Prize, and the reporting consequence thereof, are the sole responsibility of the winners. Prize winners shall sign and return an IRS W-9 form within the time period specified by Sponsor, and such winner will receive an IRS Form 1099 issued in his/her name for the actual value of prizes received if required by law.
6. WINNER NOTIFICATION/VERIFICATION/ADDITIONAL PRIZE RESTRICTIONS: The potential winners will be notified by email within twenty-four (24) hours following the announcement of the potential winners to verify his/her eligibility and ability to accept the Prize. If such potential winners are not available or if there is no answer at the time any email is sent, a phone call will be conducted and a message will be left, if possible. Any such email, or voice message will instruct the potential winners to call a specified telephone number or reply by email within three (3) business days (measured in the local time zone) after the time that the notification message was left. Potential winners must complete, electronically sign, and submit a Declaration of Compliance and IRS form W9 within three (3) business days of the date notice or attempted notice is sent, in order to claim his/her prize. Potential winners must reply as instructed to identify him/herself, confirm his/her eligibility and ability to accept the Prize, and provide his/her complete contact information within such time period, or he/she will be disqualified. In Sponsor’s sole discretion, potential winners may only be notified one time as set forth above for attempted prize notification. If the potential winners do not respond within the three (3) business day time period, Sponsor reserves the right to award the Prize to another potential winner by way of another random drawing. Additionally, the Sponsor reserves the right to award the Prize to another potential winner, should the initial potential winners not meet the minimum age requirement to receive the Prize as enforced by federal and/or state law. Proof of identity, age, and legal residence may be required to claim the Prize. Any winner or potential winner may be disqualified in Sponsor’s sole discretion if: (a) he/she fails to provide any required information or properly completed documents within the required time period; (b) he/she fails to comply with any of the terms of these Official Rules; or (c) if any Prize or prize notification is returned as undeliverable, any voicemail or email message left is not timely returned, or any forms sent to potential winner are not timely returned as instructed. In the event of disqualification of a winner or potential winner, at Sponsor’s sole discretion the Prize may be awarded to an alternate winner (or runner up) selected from among the remaining applicable eligible entries via the means of winner determination described herein, pending verification of eligibility. All prizes will be awarded. No responsibility is assumed by Sponsor for any incorrect or missing postal address, email address or phone number associated with an entry, or any change of address, email or phone number of entrant after entry submission. Sponsor will determine any prize details not specified in its sole discretion. Sponsor will not replace any lost, damaged or stolen prizes. Prizes are awarded as-is and without warranty of any kind, implied or express. Sponsor will deliver the prize via mail using a courier of its choice. Sponsor will hold all winning entries for at least sixty (60) days following the completion of the Sweepstakes schedule.
7. WARRANTIES AND REPRESENTATIONS: By participating, entrants warrant and represent that they agree to be bound by these Official Rules and the final decisions of the Sponsor. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate the Official Sweepstakes Rules or any rights of a third party and will not cause injury to any person or entity; and that you will indemnify Sponsor, its related entities and its affiliates for all claims resulting from content you supply submit. Entrants further grant Sponsor and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. Sponsor has the right to remove or delete any submission, or any part of any submission, if the submission (or any part thereof) contains false, untrue, obscene, or indecent statements or material or if the submission (or any part thereof) violates any applicable law, as determined in their sole discretion.
8. GENERAL CONDITIONS: Sponsor, Instagram, TikTok, their parents, subsidiaries, affiliates, advertising and promotion agencies, or any wholesalers, retailers, importers, or distributors together with the employees, officers, directors, and agents of each (aforementioned individuals and organizations collectively, the “Releasees”) are not responsible and shall not be liable for: [a] failures or malfunctions of phones (including wireless phones/handsets), phone lines or telephone systems or other communications malfunctions; cellular equipment towers, telephone systems or wireless services; [b] interrupted or unavailable network, server or other connections including those through and/or by the Sweepstakes Page; [c] electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties of any kind, including without limitation, server malfunction or by any human error which may occur in the processing of entries; [d] failed, garbled, lost, misrouted or scrambled transmissions; [e] any error, omission, interruption, defect or delay in any transmission or communication or other errors or problems of any kind whether mechanical, human, technical, electronic, cellular telephone related or otherwise; [f] traffic congestion on the Internet or for any technical problem, including but not limited to any injury or damage to entrant's or any other person's computer or wireless phone/handset related to or resulting from participation in this Sweepstakes; [g] late, lost, incomplete, damaged, or misdirected entries, email messages, or postage-due mail; [h] any condition caused by events beyond the control of the Sponsor that may cause the Sweepstakes to be disrupted or corrupted; or [i] printing errors in Sweepstakes / advertising materials. By entering and participating, entrants agree to: [a] abide by these Official Rules and by the decisions of Sponsor, whose decisions are final and binding on all matters pertaining to this Sweepstakes; [b] the use of their names, photographs, testimonials or other likeness and/or prize information or personal exposition (and/or any edited portion thereof) by Sponsor and its designee(s) for promotional, advertising and/or publicity purposes in any media, now or hereafter known throughout the universe in perpetuity, including but not limited to the posting of their names on the Sweepstakes Page, without compensation or notice to, or further consent of, to the winner to the extent permitted by law; and [c] to release, discharge and hold harmless the Releasees from any and all injuries, liability, losses and damages of any kind resulting from their participation in the Sweepstakes or their acceptance, use or misuse of any prize awarded in this Sweepstakes, including, without limitation, personal injury, death and property damage. Failure to comply with the Official Rules may result in disqualification at Sponsor’s sole discretion and selection of an alternate winner. All federal, state and local laws and regulations apply. CAUTION: ANY ATTEMPT BY A SWEEPSTAKES ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR AND ITS DESIGNEES RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH SWEEPSTAKES ENTRANT TO THE FULLEST EXTENT PERMITTED BY LAW. Internet entry must be made by the entrant only at the authorized Sweepstakes Page https://styleavenueboutiquellc.myshopify.com/products/20-eggs-in-a-basket and completing the online entry form or through the Entry Methods listed above. Entries may not be made by any other individual or any entity, and/or originate at any unauthorized Internet web site or email address, including, but not limited to, commercial Sweepstakes subscription notification and/or entering service sites. Any potential winner who entered by any of the prohibited methods described above will be disqualified and an alternate winner will be selected. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed to be submitted by the “authorized account holder” associated with the email account at the time of entry, who must comply with these Official Rules. Potential winner may be required to provide evidence (to the Sponsor’s satisfaction) that they are the authorized account holder of the email address associated with a winning entry. The authorized account holder is defined as the natural person who is assigned an email address by an Internet access provider, an online service provider, or another organization that is responsible for assigning email addresses or the domain associated with the submitted email address. In the event a dispute regarding the identity of the person who actually submitted an entry cannot be resolved to Sponsor's satisfaction, the affected entry will be deemed ineligible. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or any associated web site; to be acting in violation of the Official Rules; or to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. If, for any reason, the Sweepstakes is not capable of running as planned by reason of damage by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical limitations or failures, strikes, industry conditions, bankruptcy or liquidation, marketplace demands, applicable law, unforeseen obstacles, or any other causes which, in the sole opinion of Sponsor, could corrupt, compromise, undermine, or otherwise affect the administration, security, fairness, integrity, viability, or proper conduct of the Sweepstakes, Sponsor reserves the right in its sole and absolute discretion to cancel, terminate, modify, or suspend all or any part of the Sweepstakes, and to select the applicable winner(s) from among the applicable eligible, non-suspect entries received up to the time of such cancellation, termination, modification, or suspension, as applicable, or to proceed in such a manner as may be deemed fair and equitable by Sponsor in its sole discretion.
IN NO EVENT WILL SPONSOR, INSTAGRAM, TIKTOK, THEIR LICENSEES AND/OR THEIR PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE SWEEPSTAKES PAGE OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE SWEEPSTAKES PAGE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SWEEPSTAKES PAGE IS 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 NONINFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
9. GOVERNING LAW: Except where prohibited, each entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of New York. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of Sponsor in connection with the Sweepstakes, 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 (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. Under no circumstances will participant be permitted to obtain awards for, and waives all rights to claim, punitive, incidental, or consequential damages, or any other damages, including attorneys’ fees, and participant further waives all rights to have damages multiplied or increased.
10. PRIVACY: Information submitted in connection with the Sweepstakes will be treated in accordance with these Official Sweepstakes Rules and the Sponsor’s Privacy Policy located at:
https://styleavenueboutiquellc.myshopify.com/pages/privacy-policy.
11. SEVERABILITY/HEADINGS: If any provision of these Official Rules is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Official Rules and shall not affect the validity and enforceability of any remaining provisions. Headings and captions are used in these Official Rules solely for convenience of reference and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof.
12. WINNER LIST: The name, city and state of the winner can be requested from Sponsor for approximately 60 days beginning on or about [insert sweepstakes end date]. For a list of the winners of the Sweepstakes or for a copy of these Official Sweepstakes Rules, mail a self-addressed stamped envelope for receipt by [insert 60 days after sweepstakes end date], to Sponsor at the below address.
Sponsor: Style Avenue Boutique LLC. P.O. Box 1578, Riverhead, NY 11901.
© 2024 Style Avenue Boutique. The trademark(s), name(s) and logo(s) are trademarks of Sponsor or its affiliate.
This promotion is in no way sponsored, endorsed, or administered by, or associated with Instagram or TikTok. You understand that you are providing your information to Sponsor and not to Instagram or TikTok. The information you provide will only be used for the purposes described in the Official Rules of the Sweepstakes, and for sending subscribers company updates and announcements. Please direct any questions to Sponsor and not to Instagram or TikTok.
STYLE AVENUE BOUTIQUE’S
I GOT 5 ON IT
OFFICIAL SWEEPSTAKES RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE
WILL NOT INCREASE YOUR CHANCES OF WINNING.
VOID WHERE PROHIBITED BY LAW.
OFFERED ONLY TO LEGAL RESIDENTS OF THE UNITED STATES,
AGE 18 OR OLDER.
Enter to win a [Choice of Pink Armani Exchange Handbag with Pink Stanley & Stanley Topper, Or Blue MK Logo Handbag with Mint Stanley & Stanley Topper] Here are these official sweepstakes rules:
1. ENTRY PERIOD: Style Avenue Boutique’s Spin The Wheel Sweepstakes (the “Sweepstakes”) is sponsored by Style Avenue Boutique LLC (hereinafter, the “Sponsor”). The sweepstakes begins at 7:00:00 PM EST on [2/17/2024] and ends at 7:00:00 PM EST on [2/25/2024] or when two hundred (100) eligible entries (“Maximum Entries”) have been received by the Sponsor (“Entry Period”).
2. SWEEPSTAKES ELIGIBILITY: The Sweepstakes is open only to legal residents of the United States who are 18 years of age or older as of the date of entry. The following persons are not eligible to participate in the Sweepstakes: Sponsor; any of Sponsor’s parents, subsidiaries, affiliates, or advertising and promotion agencies; and any employee, officer, director, representative or agent of any of the foregoing persons and the immediate family members (spouses and siblings, children and parents and their spouses, regardless of where they live) or members of the same households (whether related or not) of such individuals. Void where prohibited or restricted by law. Sponsor may verify eligibility at any time, including but not limited to, verifying a participant. The Sponsor will make any determinations of eligibility. Sponsor’s decision as to eligibility is final.
3. TO PARTICIPATE: Eligible participants can enter the Sweepstakes in the following manner by:
Entry Method 1: Purchase a $5 charm at the following link: https://styleavenueboutiquellc.myshopify.com/products/i-got-5-on-it
Entry Method 2: Mailing Style Avenue Boutique a post card with your full name, email address, mailing address, and telephone number to the following address:
Style Avenue Boutique LLC
P.O. Box 1578 Riverhead, NY 11901
Postcards must be received in advance of the Entry Period to be entered, and will receive (1) entry per postcard.
Four entries per person regardless of entry method.
Entries must be received by Sponsor no later than 7:00:00 PM EST on [2/25/2024], or before Maximum Entries are received. Once the Maximum Entries for the Sweepstakes has been reached, no further entries will be accepted or be eligible. Any attempt by a person to use multiple identities, fraudulent transactions, or cancelled transactions to gain more entries than permitted by these Official Rules shall result in disqualification in Sponsor’s sole discretion. By participating, entrants warrant and represent that they agree to be bound by these Official Rules and the final decisions of the Sponsor. Entry information becomes the exclusive property of Sponsor upon submission. Proof of submission of entry does not constitute proof of receipt of entry. It is the sole responsibility of the entrant to notify the Sponsor in writing if the entrant changes his or her telephone number during the Sweepstakes.
4. RANDOM DRAWING/ODDS: On [2/25/2024] at 8:00PM EST, the Sponsor will select one potential winner by way of a random drawing, generated by a number randomizer wheel, from among all eligible entries received. Odds of winning depend on the number of eligible entries received.
The selection of the winners will be livestreamed on the Sponsor’s Instagram and TikTok profile located at the following link:
https://www.instagram.com/styleavenueboutiquellc/
https://www.tiktok.com/@styleavenueboutiquellc
If the potential is not able to attend Sponsor’s Instagram and/or TikTok live for the live drawing, Sponsor will email potential winner.
5. PRIZE: The Prize will be procured, administered, and distributed by Sponsor. The winner will receive one of two prize options [ARMANI EXCHANGE BUNDLE] (the “Prize”). The total maximum retail value of the Prize is $ [95.00 ] USD. The winner will receive one of two prize options [Blue MK Bundle] (the “Prize”). The total maximum retail value of the Prize is $ [115.00 ] USD. The Prize will be procured, administered, and distributed by Sponsor. The total maximum retail value of all Prizes is $ [210.00] USD. Actual value may vary based on shipping and handling. The winner will not receive cash value or any other form of compensation. No prize transfer. No other prize substitution, except at Sponsor sole discretion due to unavailability, in which case a prize of comparable or greater value will be awarded. All taxes (including without limitation Federal, state, and local taxes) in connection with the Prize, and the reporting consequence thereof, are the sole responsibility of the winner. Prize winner shall sign and return an IRS W-9 form within the time period specified by Sponsor, and such winner will receive an IRS Form 1099 issued in his/her name for the actual value of prizes received if required by law.
6. WINNER NOTIFICATION/VERIFICATION/ADDITIONAL PRIZE RESTRICTIONS: The potential winner will be notified by email within twenty-four (24) hours following the announcement of the potential winner to verify his/her eligibility and ability to accept the Prize. If such a potential winner is not available or if there is no answer at the time any email is sent, a phone call will be conducted and a message will be left, if possible. Any such email, or voice message will instruct the potential winner to call a specified telephone number or reply by email within three (3) business days (measured in the local time zone) after the time that the notification message was left. Potential winner must complete, electronically sign, and submit a Declaration of Compliance and IRS form W9 within three (3) business days of the date notice or attempted notice is sent, in order to claim his/her prize. Potential Winner must reply as instructed to identify him/herself, confirm his/her eligibility and ability to accept the Prize, and provide his/her complete contact information within such time period, or he/she will be disqualified. In Sponsor’s sole discretion, a potential winner may only be notified one time as set forth above for attempted prize notification. If the potential winner does not respond within the three (3) business day time period, Sponsor reserves the right to award the Prize to another potential winner by way of another random drawing. Additionally, the Sponsor reserves the right to award the Prize to another potential winner, should the initial potential winner not meet the minimum age requirement to receive the Prize as enforced by federal and/or state law. Proof of identity, age, and legal residence may be required to claim the Prize. Any winner or potential winner may be disqualified in Sponsor’s sole discretion if: (a) he/she fails to provide any required information or properly completed documents within the required time period; (b) he/she fails to comply with any of the terms of these Official Rules; or (c) if any Prize or prize notification is returned as undeliverable, any voicemail or email message left is not timely returned, or any forms sent to potential winner are not timely returned as instructed. In the event of disqualification of a winner or potential winner, at Sponsor’s sole discretion the Prize may be awarded to an alternate winner (or runner up) selected from among the remaining applicable eligible entries via the means of winner determination described herein, pending verification of eligibility. All prizes will be awarded. No responsibility is assumed by Sponsor for any incorrect or missing postal address, email address or phone number associated with an entry, or any change of address, email or phone number of entrant after entry submission. Sponsor will determine any prize details not specified in its sole discretion. Sponsor will not replace any lost, damaged or stolen prizes. Prizes are awarded as-is and without warranty of any kind, implied or express. Sponsor will deliver the prize via mail using a courier of its choice. Sponsor will hold all winning entries for at least sixty (60) days following the completion of the Sweepstakes schedule.
7. WARRANTIES AND REPRESENTATIONS: By participating, entrants warrant and represent that they agree to be bound by these Official Rules and the final decisions of the Sponsor. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate the Official Sweepstakes Rules or any rights of a third party and will not cause injury to any person or entity; and that you will indemnify Sponsor, its related entities and its affiliates for all claims resulting from content you supply submit. Entrants further grant Sponsor and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. Sponsor has the right to remove or delete any submission, or any part of any submission, if the submission (or any part thereof) contains false, untrue, obscene, or indecent statements or material or if the submission (or any part thereof) violates any applicable law, as determined in their sole discretion.
8. GENERAL CONDITIONS: Sponsor, Instagram, TikTok, their parents, subsidiaries, affiliates, advertising and promotion agencies, or any wholesalers, retailers, importers, or distributors together with the employees, officers, directors, and agents of each (aforementioned individuals and organizations collectively, the “Releasees”) are not responsible and shall not be liable for: [a] failures or malfunctions of phones (including wireless phones/handsets), phone lines or telephone systems or other communications malfunctions; cellular equipment towers, telephone systems or wireless services; [b] interrupted or unavailable network, server or other connections including those through and/or by the Sweepstakes Page; [c] electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties of any kind, including without limitation, server malfunction or by any human error which may occur in the processing of entries; [d] failed, garbled, lost, misrouted or scrambled transmissions; [e] any error, omission, interruption, defect or delay in any transmission or communication or other errors or problems of any kind whether mechanical, human, technical, electronic, cellular telephone related or otherwise; [f] traffic congestion on the Internet or for any technical problem, including but not limited to any injury or damage to entrant's or any other person's computer or wireless phone/handset related to or resulting from participation in this Sweepstakes; [g] late, lost, incomplete, damaged, or misdirected entries, email messages, or postage-due mail; [h] any condition caused by events beyond the control of the Sponsor that may cause the Sweepstakes to be disrupted or corrupted; or [i] printing errors in Sweepstakes / advertising materials. By entering and participating, entrants agree to: [a] abide by these Official Rules and by the decisions of Sponsor, whose decisions are final and binding on all matters pertaining to this Sweepstakes; [b] the use of their names, photographs, testimonials or other likeness and/or prize information or personal exposition (and/or any edited portion thereof) by Sponsor and its designee(s) for promotional, advertising and/or publicity purposes in any media, now or hereafter known throughout the universe in perpetuity, including but not limited to the posting of their names on the Sweepstakes Page, without compensation or notice to, or further consent of, to the winner to the extent permitted by law; and [c] to release, discharge and hold harmless the Releasees from any and all injuries, liability, losses and damages of any kind resulting from their participation in the Sweepstakes or their acceptance, use or misuse of any prize awarded in this Sweepstakes, including, without limitation, personal injury, death and property damage. Failure to comply with the Official Rules may result in disqualification at Sponsor’s sole discretion and selection of an alternate winner. All federal, state and local laws and regulations apply. CAUTION: ANY ATTEMPT BY A SWEEPSTAKES ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR AND ITS DESIGNEES RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH SWEEPSTAKES ENTRANT TO THE FULLEST EXTENT PERMITTED BY LAW. Internet entry must be made by the entrant only at the authorized Sweepstakes Page https://styleavenueboutiquellc.myshopify.com/products/i-got-5-on-it and completing the online entry form or through the Entry Methods listed above. Entries may not be made by any other individual or any entity, and/or originate at any unauthorized Internet web site or email address, including, but not limited to, commercial Sweepstakes subscription notification and/or entering service sites. Any potential winner who entered by any of the prohibited methods described above will be disqualified and an alternate winner will be selected. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed to be submitted by the “authorized account holder” associated with the email account at the time of entry, who must comply with these Official Rules. Potential winner may be required to provide evidence (to the Sponsor’s satisfaction) that they are the authorized account holder of the email address associated with a winning entry. The authorized account holder is defined as the natural person who is assigned an email address by an Internet access provider, an online service provider, or another organization that is responsible for assigning email addresses or the domain associated with the submitted email address. In the event a dispute regarding the identity of the person who actually submitted an entry cannot be resolved to Sponsor's satisfaction, the affected entry will be deemed ineligible. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or any associated web site; to be acting in violation of the Official Rules; or to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. If, for any reason, the Sweepstakes is not capable of running as planned by reason of damage by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical limitations or failures, strikes, industry conditions, bankruptcy or liquidation, marketplace demands, applicable law, unforeseen obstacles, or any other causes which, in the sole opinion of Sponsor, could corrupt, compromise, undermine, or otherwise affect the administration, security, fairness, integrity, viability, or proper conduct of the Sweepstakes, Sponsor reserves the right in its sole and absolute discretion to cancel, terminate, modify, or suspend all or any part of the Sweepstakes, and to select the applicable winner(s) from among the applicable eligible, non-suspect entries received up to the time of such cancellation, termination, modification, or suspension, as applicable, or to proceed in such a manner as may be deemed fair and equitable by Sponsor in its sole discretion.
IN NO EVENT WILL SPONSOR, INSTAGRAM, TIKTOK, THEIR LICENSEES AND/OR THEIR PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE SWEEPSTAKES PAGE OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE SWEEPSTAKES PAGE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SWEEPSTAKES PAGE IS 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 NONINFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
9. GOVERNING LAW: Except where prohibited, each entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of New York. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of Sponsor in connection with the Sweepstakes, 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 (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. Under no circumstances will participant be permitted to obtain awards for, and waives all rights to claim, punitive, incidental, or consequential damages, or any other damages, including attorneys’ fees, and participant further waives all rights to have damages multiplied or increased.
10. PRIVACY: Information submitted in connection with the Sweepstakes will be treated in accordance with these Official Sweepstakes Rules and the Sponsor’s Privacy Policy located at:
https://styleavenueboutiquellc.myshopify.com/pages/privacy-policy.
11. SEVERABILITY/HEADINGS: If any provision of these Official Rules is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Official Rules and shall not affect the validity and enforceability of any remaining provisions. Headings and captions are used in these Official Rules solely for convenience of reference and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof.
12. WINNER LIST: The name, city and state of the winner can be requested from Sponsor for approximately 60 days beginning on or about [insert sweepstakes end date]. For a list of the winners of the Sweepstakes or for a copy of these Official Sweepstakes Rules, mail a self-addressed stamped envelope for receipt by [insert 60 days after sweepstakes end date], to Sponsor at the below address.
Sponsor: Style Avenue Boutique LLC. P.O. Box 1578, Riverhead, NY 11901.
© 2024 Style Avenue Boutique. The trademark(s), name(s) and logo(s) are trademarks of Sponsor or its affiliate.
This promotion is in no way sponsored, endorsed, or administered by, or associated with Instagram or TikTok. You understand that you are providing your information to Sponsor and not to Instagram or TikTok. The information you provide will only be used for the purposes described in the Official Rules of the Sweepstakes, and for sending subscribers company updates and announcements. Please direct any questions to Sponsor and not to Instagram or TikTok.