Update World Market Terms of Service

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World Market/Terms of Service.md

@@ -167,63 +167,4 @@ You and the Company agree that any dispute that has arisen or may arise between
 
 (d) Miscellaneous. These Terms and Conditions (including the documents referenced herein) contain the entire understanding between you and us regarding this website, and supersedes all prior and contemporaneous agreements and understandings regarding its subject matter. These Terms and Conditions will be binding upon each party and its successors and permitted assigns. These Terms and Conditions and all of your rights and obligations under them will not be assignable or transferable by you without the prior written consent of the Company. The Company may freely assign these Terms and Conditions, in whole or in part. The parties are independent contractors, and no agency, partnership, joint venture, and/or employee-employer relationship is intended or created by these Terms and Conditions.
 
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-World Market Monthly Giveaway
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-**OFFICIAL RULES**
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-**NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. OPEN TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA, 18 OR OLDER. VOID IN PUERTO RICO AND ALL OTHER U.S. TERRITORIES AND POSSESSIONS AND WHERE PROHIBITED.**
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-**SPONSOR:** World Market, LLC, 1201 Marina Village Parkway, Alameda, CA 94501 ("Sponsor").
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-**ELIGIBILITY:** World Market Monthly Giveaway (the "Promotion") is open to legal residents of the 50 United States and the District of Columbia who are 18 years of age or older at the time of entry. Void in Puerto Rico and all other U.S. territories and possessions and where prohibited. Employees of Sponsor and its parents, affiliates, subsidiaries, retailers and advertising and promotion agencies, as well as the immediate family (spouse, parents, siblings, children, and each of their respective spouses, regardless of where they reside) and household members of each such employee, whether related or not, are not eligible to enter or win. The Promotion is governed by U.S. law and is subject to all applicable federal, state, and local laws and regulations. By entering, you ("Entrant") understand that you are providing your information to Sponsor. Winning a prize is contingent upon fulfilling all requirements set forth herein. Sponsor reserves the right to verify the eligibility of winners.
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-**TIMING:** The Promotion is ongoing. Every month, the Promotion begins a new round, meaning that Entrants not selected as winners in a previous round can re-enter the Promotion at the start of a new round. Each round of the Promotion begins at 12:00 a.m. Pacific Time ("PT") on the first day of each calendar month and ends at 11:59 p.m. PT on last day of each calendar month (the "Promotion Period"). Sponsor's clock is the official clock for purposes of the Promotion. Sponsor has the sole discretion to determine when the last Promotion Period will be and when the Promotion will terminate, and Sponsor will make reasonable efforts to notify possible Entrants of when the Promotion is ending.
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-**HOW TO ENTER:** There is NO PURCHASE NECESSARY to participate. A purchase does not increase your chances of winning. To enter the Promotion, visit https://www.worldmarket.com (the "Website") to submit an entry form. Limit one (1) entry per Entrant who has not previous won per Promotion Period. Any attempt by any Entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void such entries and that Entrant may be disqualified. Use of any automated or computer system to participate is prohibited and will result in disqualification. Normal Internet access and usage charges imposed by an Entrant's online service may apply. Standard data rates may apply if entering via mobile device.
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-Incomplete, corrupted, or untimely entries are void and will be disqualified. Sponsor is not responsible for lost, late, incomplete, damaged, stolen, or misdirected entries; lost, interrupted, or unavailable network, server, or other connections; or miscommunications, computer or software malfunctions, telephone transmission problems, technical failures, damage to a user's computer equipment (software or hardware), or other errors or malfunctions of any kind, whether human, mechanical, electronic, or otherwise. Proof of submission will not be deemed to be proof of receipt by Sponsor. In the event of a dispute as to the identity of an Entrant, 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, Internet service provider, or other organization (which may include an employer) 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. Entries specifying an invalid, non-working, or inactive email address will be disqualified and ineligible to win.
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-By submitting an entry, Entrant hereby grants permission for all or any part of the entry to be posted on any of World Market's social media accounts, worldmarket.com, or other digital marketing channels and websites. Entrant agrees that Released Parties (as defined below) are not responsible for any unauthorized use of entries by third parties. Released Parties do not guarantee the posting of any entry and reserve the right to take down any posted entry at any time.
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-**WINNER DETERMINATION:** At the conclusion of the Promotion Period, a winner will be chosen at random from the pool of eligible entries. Sponsor's decisions are final and binding on all matters related to the Promotion.
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-**ODDS OF WINNING:** The odds of winning depend on the number of eligible entries received during the Promotion Period.
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-**WINNER NOTIFICATION:** The potential winners will be notified via the email listed in their entry within three (3) days of the end of the Promotion Period, as described above. Potential winners may be required to execute and return a declaration of eligibility/liability release, and tax form (collectively, the "Eligibility Documents") within three (3) calendar days of date of issuance. If a potential winner cannot be reached within three (3) calendar days from the first notification attempt, or in the event of noncompliance within the above stated Eligibility Documents time period, with these Official Rules, or if prize notification is returned as undeliverable, the applicable prize will be forfeited and, at Sponsor's sole discretion, a runner-up may be selected by random drawing from the remaining pool of eligible entries. Potential winners are subject to verification by Sponsor. An Entrant is not a winner of any prize unless and until the Entrant's eligibility has been verified, and the Entrant has been notified that verification is complete.
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-**PRIZES:** There is one (1) Prize available each Promotional Period. One (1) winner will receive a $500 World Market e-gift card ($500 ARV) via e-mail, which is redeemable online at worldmarket.com only.
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-Gift cards are subject to certain terms and conditions as specified by Sponsor. No substitution, assignment, cash equivalent or transfer of prizes is permitted, except by Sponsor, who reserves the right to substitute a prize with another prize of comparable or greater value, at its sole discretion. All prize details are at the sole discretion of the Sponsor.
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-**TAXES, EXPENSES, AND LOSSES:** Winners are solely responsible for all federal, state, and local taxes and all other fees and expenses associated with prize acceptance and use not specified herein as being awarded. Winners are responsible for any loss of prize or portion of prize after it has been delivered. Sponsor will not replace any lost or stolen prizes.
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-**GENERAL CONDITIONS:** By participating in the Promotion, Entrants fully and unconditionally agree to and accept these Official Rules and the decisions of Sponsor, which are final and binding in all matters related to the Promotion.
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-**WARNING:** ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE ASSOCIATED WITH THIS PROMOTION OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION 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, and/or the legitimate operation of the Promotion; 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.
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-By participating in the Promotion, Entrants consent to the use of their names, cities and states of residence, social media channel username(s), voices, and/or photographs and/or similar related information for promotional, advertising and other purposes in any and all media now or hereafter known throughout the world in perpetuity by Sponsor and its designees, without additional compensation, notification or permission, except where prohibited by law.
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-Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
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-**RELEASE:** Entrants agree to release and hold harmless Sponsor and its parent companies, affiliates, subsidiaries, divisions, suppliers, distributors, retailers, and advertising and promotion agencies, and all of their respective officers, directors, shareholders, employees, and agents (collectively, "Released Parties") from any claims, actions, injury, liability, loss or damage of any kind resulting from participating in this Promotion or from the acceptance or use/misuse of any prize awarded.
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-**LIMITATIONS OF LIABILITY:** Released Parties are not responsible nor liable for: (i) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (ii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iii) late, lost, stolen, undelivered, misdirected, delayed, inaccurate, garbled or incomplete entries or for any electronic, computer, printing, typographical, human or other error relating to or in connection with the Promotion, including, without limitation, errors which may occur in connection with the administration of the Promotion, the processing of entries, the announcement of the prizes, or in any Promotion-related materials (including these Official Rules); or (iv) any injury or damage to persons or property, including but not limited to Entrant's computer, hardware, or software, which injury or damage may be caused, directly or indirectly, in whole or in part, from Entrant's participation in the Promotion.
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-BY PARTICIPATING IN THIS PROMOTION, 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 THE PROMOTION OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY SUCH SITE.
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-WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THE PROMOTION, INCLUDING 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.
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-Sponsor reserves the right to cancel or modify the Promotion if bugs, virus, fraud, technical failures, or any other factor impairs the integrity, administration, or proper play of the Promotion, as determined by Sponsor in its sole discretion.
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-**PRIVACY:** Information collected from an Entrant is subject to the Sponsor's Privacy Policy, which can be found at https://www.worldmarket.com/category/customer-service/privacy-and-security.do. Entrants should be aware that Sponsor may be collecting non-public, personally-identifiable information about them in connection with the operation of the Promotion. Subject to applicable law, 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 think may be of interest. Sponsor will not sell personal information submitted with entry to outside solicitors.
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-**ARBITRATION:** Except where prohibited by law, as a condition of participating in this Promotion, Entrant agrees that (1) any and all disputes and causes of action arising out of or connected with this Promotion, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the Entrant; (2) the Federal Arbitration Act shall govern the interpretation and enforcement of this arbitration clause and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental, or consequential damages, or any other damages, including attorneys' fees, other than Entrant's actual out-of-pocket expenses (i.e., costs associated with participating in this Promotion), and Entrant further waives all rights to have damages multiplied or increased.
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-**CHOICE OF LAW:** All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the substantive laws of the State of California, USA.
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-**RULES/WINNERS NAMES:** For the names of the winners, available after each monthly Promotion Period, or for an additional copy of these Official Rules, mail a self-addressed stamped envelope to: World Market's Monthly Giveaway, Attn: Digital Marketing, 1201 Marina Village Pkwy, Alameda, CA, 94501. Please specify "Rules" or "Winners' Names." Vermont residents may omit return postage for "Rules" requests. You may also view these Official Rules at https://www.worldmarket.com/category/customer-service/terms-of-use.do.
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