Terms of service

OVERVIEW
This website is operated by Fazit. Throughout the site, the terms “we”, “us” and “our” refer to Fazit. Fazit offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Fazit, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Fazit and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.

SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 GIVEAWAY TERMS AND CONDITIONS

Fazit "Win 2 Tickets to The Eras Tour" Giveaway Terms and Conditions NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

By entering the Fazit "Win 2 Tickets to The Eras Tour" Giveaway (the “Giveaway”), you agree to abide by these Terms and Conditions and all eligibility requirements.

1. Sponsor The Giveaway is sponsored by Fazit, 11576 Buckhaven Lane, West Palm Beach, FL 33412 USA.

2. Eligibility Open to legal residents of Canada and the United States who have reached the age of majority in their province or territory of residence at the time of entry. Employees of Fazit, its affiliates, subsidiaries, advertising and promotion agencies, and their immediate family members are not eligible.

3. Giveaway Period The Giveaway begins at 9:00 a.m. EST on Monday, November 18, 2024, and ends at 11:59 p.m. PST on Thursday, November 21, 2024 (the “Giveaway Period”).

4. How to Enter Entry with Purchase: During the Giveaway Period, purchase any Fazit product to automatically be entered to win. Alternate Method of Entry (No Purchase Necessary): To enter without purchase, visit [https://docs.google.com/forms/d/e/1FAIpQLSehvYyADJMc5TOcOUAR2sVSamw7pd_b7gI2S5D-g_jJhFHCTA/viewform] and follow the instructions to submit an entry. Limit one entry per person regardless of the method of entry.

5. Prize One (1) winner will receive two (2) tickets to The Eras Tour concert. Travel accommodations and transportation are not included in the prize. The prize is non-transferable and may not be resold or redeemed for cash.

6. Winner Selection and Notification The winner will be selected in a random drawing from all eligible entries on Friday, November 22, 2024. The winner will be contacted via the email associated with their entry by Fazit’s official email. If the selected winner does not respond within 10 hours of notification, an alternate winner may be selected.

7. Publicity By accepting the prize, the winner agrees to allow Fazit to use their name, likeness, and entry for promotional purposes without further compensation, unless prohibited by law.

8. General Conditions Fazit reserves the right to cancel, suspend, or modify the Giveaway if any fraud, technical issues, or other factors impair the integrity or proper functioning of the Giveaway, as determined by Fazit in its sole discretion. Fazit reserves the right to disqualify any individual it finds tampering with the entry process or violating these Terms and Conditions.

9. Limitation of Liability By participating in the Giveaway, entrants agree to release and hold harmless Fazit and its affiliates from any and all liability arising from their participation in the Giveaway or Fazit’s use of the prize, including any claim related to injury, loss, or damage.

10. Disputes This Giveaway is governed by the laws of the United States and Canada without respect to conflict of law doctrines. By participating, entrants agree that any and all disputes arising out of or relating to this Giveaway shall be resolved individually, without resort to any form of class action.

11. Privacy Information collected from entrants is subject to Fazit’s Privacy Policy, available at [Fazit’s Privacy Policy link].

12. Non-Resale Clause The tickets awarded as the prize are strictly non-transferable and may not be resold. Violation of this clause may result in forfeiture of the prize.

See The Non-Purchase Entry Form Here

SECTION 21 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@fazitbeauty.com

Conditional Rebate Promotion Terms and Conditions

Last Modified: October 27, 2024
These terms and conditions (the “Terms”) govern your participation in the Conditional Rebate Program (defined below) supported by Cheers Cash Inc (“CCI”). By making an (1) Eligible Purchase from the Participating Retailer (“Retailer”) and (2) opting to participate in the Program as set forth herein, you are agreeing to these Terms for the benefit of Retailer and CCI. If you do not agree to these terms, you should elect not to participate in the Program. Participation is completely optional, you may complete an Eligible Purchase from Retailer without participating in the Program.

BY CLICKING ON THE "I ACCEPT" BUTTON OR ACCESSING OR USING THE PROGRAM OR SERVICES YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS; (B) REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, POWER, AND AUTHORITY TO AGREES TO THESE TERMS AND, IF AGREEING ON BEHALF OF AN ORGANIZATION, THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THAT ORGANIZATION; AND (C) ACCEPT THESE TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE PROGRAM OR SERVICES.

1. Defined Terms. Capitalized terms used herein will have the meanings set forth below or the meanings set forth in the body of these Terms.
   a. “Conditional Rebate Program” or “Program” means the specific promotion pursuant to which you have purchased an eligible product from Retailer and opted to enter for a chance to receive a specified Gift Card rebate (not to exceed your total purchase price) upon the occurrence of a future event or occurrence.
   b. “Condition” means the specified event or occurrence that triggers payment of a Gift Card Rebate to you.
   c. “Promotional Product” is a product listed on Retailer’s ecommerce store that details high-level promotion information and is added by shoppers via a link.
   d. “Eligible Purchase” means your purchase of a product from Retailer during the specified Purchase Period, provided such purchase has been identified as eligible for the Program at the point of sale or otherwise prior to your purchase and you checkout with a Promotional Product in your cart. If you return any items to the Retailer, your purchase is no longer an Eligible Purchase.
   e. “Program Entry Page” means the user interface made available to you by or on behalf of Retailer with information on the “Program” including these terms.
   f. “Program Period” means the period of time during which you must complete an Eligible Purchase and opt-in to the Program to be eligible for a Rebate.
   g. “Entry Period” means the amount of calendar days you have to complete the Program Entry Form after an Eligible Purchase has been made.
   h. “Purchase Date” means the date you completed the Eligible Purchase
   i. “Purchase Price” means the total amount paid by you for completing an Eligible
   Purchase, not including tax or shipping.
   j. “Rebate” means the amount (expressed as a fixed dollar amount or percentage of the Purchase Price) that will be paid to you if you participate in a Program and the specified Condition occurs. A Rebate will be paid in the form of store credit specific to Retailer. A max Rebate per order may be defined in the Program details. 
2. How to Participate in a Program.
   a. To participate in any Conditional Rebate Program, you must (1) opt-in for participation on the Program Entry Page during the Entry Period by selecting an option that will add a Promotional Product to your cart and (2) complete an Eligible Purchase.
   b. Each Program Entry Form will be displayed during the checkout of an Eligible Purchase. The Program Entry Form and the Promotion Product will outline the Program details, including the Eligible Purchase, Condition, and potential Rebate. Upon receipt an Eligible Purchase, the CCI will evaluate it to confirm that it meets all Program requirements. If the Eligible Purchase is accepted, a confirmation email will be sent to notify you of the acceptance. You will not be considered a Program Participant and will not be eligible for a Rebate until you receive this confirmation notice.
   c. CCI is not responsible for and will not consider any entries that (i) are incomplete, damaged, illegible, misdirected, inaccurate, not received, lost, stolen, delayed, undelivered, or late for any reason, including as a result of any technical, electronic, telephone, hardware, software, internet, server, email platform, social media platform, website, application, network, computer, data transmission, or any third-party service errors, malfunctions, or difficulties of any kind (collectively, “Transmission Failures”), or (ii) do not conform with any the requirements of these Terms (collectively, “Faulty Entries”), including entries received after the Entry Period.
3. Program Period and Award of Rebate.
   a. After the end of the Program Period, CCI will notify you whether the Condition occurred or did not occur. If the Condition occurred and subject to verification in accordance with Section 3(b) below, Retailer will reward you with payment of the Rebate, through store credit as defined in the Program details. If the Condition did not occur, you will not receive the Rebate and the Program will cease.
   b. Retailer, and not CCI, is solely responsible for issuing and delivering store credit to participants as part of any promotional program
   c.
   d. Any potential winner will be deemed a winner and eligible to receive the Rebate only after our verification of eligibility of the potential winner. CCI may disqualify you from the Program and deem any Program Entry Form void if it suspects or finds that you have (i) violated any applicable law or these Terms, including by (a) entering as a minor, or (c) entering as a resident of a location in which the Program is void; (ii) tampered or attempted to tamper with the entry process or the operation of the Program; (iii) acted in an unsportsmanlike or disruptive manner, or with the intent to annoy, abuse, threaten, bully, or harass any other person; or (iv) attempted to undermine the legitimate operation of the Program by cheating, hacking, deception, or other unfair playing practices (collectively, “Violating Entries”).
   e. Retailer will make payment of the Rebate within ninety (90) days after the later of: (1) the last day of the applicable Program Period; or (2) the occurrence of the Condition. Additional terms and conditions may apply to processing payment of the Rebate.
   f. To receive payment of the Rebate, you may be required to verify your identity with Retailer and take other actions reasonably requested by Retailer and/or CCI to ensure your eligibility for the Rebate.
4. Eligibility. The Program is open to legal residents of the United States (except Maine) who are at least 18 years old (or the age of majority in your state if higher than 18) at the time of completing an Eligible Purchase and submitting your Program Entry Form. Employees of Retailer are ineligible to participate in any Program. The Program may not be combined with other sales incentives, discounts, rebates or promotions. Void where prohibited.
5. No Social Media Platform or League Endorsement; Release.
   a. A Program may involve one or more social media platforms. In all cases, however, the Program is in no way sponsored, endorsed, or administered by, or associated with any such platform, including Meta Platforms, Inc. (Facebook), Instagram Inc., ByteDance Ltd. (TiKTok), Google Inc. (YouTube), or Twitter, Inc. (collectively, “Social Media Companies”). You understand that by using and interacting with the application or website of any of the Social Media Companies, you are subject to the terms, conditions, and policies that govern the use of those applications and websites. You should therefore review the applicable terms and policies, including privacy and data gathering practices, before using or interacting with them.
   b. Although the Program offers Rebates based on Conditions associated with professional sports leagues and teams, including the NBA, NFL, MLB, NHL and others (the “Leagues and Teams”), neither Retailer and/or CCI nor the Program is affiliated with, or sponsored or endorsed by, any of them. Retailer’s and/or CCI’s use of professional sports league and team names is solely for the purpose of identifying the Condition triggering a Rebate.
   c. By participating in any Program, you agree to comply with all Social Media Companies’ terms and policies, and you hereby release and discharge, and you will indemnify and hold harmless, the Social Media Companies and the Leagues and Teams, and their respective affiliates, employees, officers, directors, and representatives from any claims, losses, and damages arising out of or relating to the Program. 
6. Privacy. By participating in a Program, you recognize and agree that the information provided by you will be (a) made available to Retailer, and use of such information by Retailer and CCI will be governed by the Privacy Policy found at https://cheerscash.com/privacy-policy.pdf. You agree that personal information shared in connection with a Program: (i) may be processed, shared, and otherwise used for the purposes and within the context of any Retailer Conditional Rebate Program and (ii) if you consent, may be used by Retailer and/or CCI for purposes of sending marketing information generally. Personal information may also be used by Retailer to verify your identity, age, address, or to otherwise verify eligibility to participate in the Program.
7. Termination of the Program; Changes to Terms. CCI may terminate, suspend, or modify these Terms or a Program (or any portion thereof) at any time in any manner with prior notice, for any reason whatsoever. Without limiting the foregoing, if for any reason Program is not capable of running as originally planned, including should any virus, worm, bug, technical failures, unauthorized human intervention, or other causes corrupt or affect the administration, security,
   fairness, or proper conduct of the Program, CCI may terminate the Program.
8. Release; Disclaimer. CCI, Retailer and its service providers and promotional partners, the Social Media Companies, the Leagues and Teams, and their respective affiliates and subsidiaries, and the directors, officers, employees, representatives, and agents of all such entities (collectively, the “Released Parties”) do not assume any liability for and may not be held liable for, and you hereby release and discharge, and will indemnify and hold them harmless from, any and all liability, losses, damages, rights, claims, and actions of any kind arising out of or relating to (i) the Program; (ii) any Faulty Entries or Violating Entries; (iv) any Transmission Failure, including any injury or damage to your or any other person’s computer related to or resulting from downloading any material connected to the Program, all of which may affect a person’s ability to participate in the Program; (v) any errors, omissions, or incorrect or inaccurate information in any Program-related materials; or (vi) the security or privacy of information transmitted via
   computer networks or for breaches of privacy due to interference by third party, including third party computer “hackers” or otherwise. CCI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE PROGRAM. This section shall apply to the extent permitted by
   law.
9. Limitation of Liability. Without limiting the foregoing or any other provision herein, the Released Parties’ total liability for any and all claims, judgements, losses, costs, damages and awards against the Released Parties shall not exceed the total Purchase Price for the Eligible Purchase. In no event shall the Released Parties be liable for any attorneys’ fees, punitive, indirect, incidental, special, and consequential damages. This section shall apply to the extent permitted by law.
10. Taxes. You will be solely responsible for any and all taxes or other assessments associated with receipt and use of the Rebate.
11. Force Majeure. CCI will not be liable for failure or delay in the Program because of causes beyond its reasonable control, including acts of God, terrorism, war, riots, fire, earthquake, flood, pandemic, or degradation or failure of third party networks or communications infrastructure.
12. Choice of Law; Equitable Relief. The Program is void wherever prohibited or restricted by applicable law and is subject to all applicable laws. The Program and these Terms will be governed by and construed in accordance with the laws of New York. Notwithstanding anything to the contrary herein, you acknowledge and agree that a breach by you of these Official Rules would cause CCI irreparable harm for which monetary damages would not be an adequate remedy, and in the event of such breach or threatened breach, CCI will be entitled to injunctive or equitable relief.
13. Agreement to Arbitrate.

ARBITRATION AGREEMENT: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

This Section 13 is referred to in these Terms as the “Arbitration Agreement.” You agree
that any and all disputes or claims that may arise between you and the Released Parties
in connection with the Program shall be resolved exclusively through final and binding
arbitration, rather than a court, in accordance with the terms of this Arbitration
Agreement. You agree that, by entering into these Terms and Conditions, you, CCI, and
Retailer are each waiving the right to a trial by jury or to participate in a class action.
Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal
Arbitration Act governs the interpretation and enforcement of this Arbitration
Agreement.
b. YOU AND CCI AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY
ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU
AND RETAILER AND/OR CCI AGREE OTHERWISE, THE ARBITRATOR MAY NOT
CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT
OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR
CLASS PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY,
INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY
SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF
NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
c. A party who intends to seek arbitration must first send to the other, by certified mail, a
written Notice of Dispute (“Notice”). The Notice must (i) describe the nature and basis
of the claim or dispute and (ii) set forth the specific relief sought. If Retailer and/or CCI
and you do not resolve the claim within sixty (60) calendar days after the Notice is
received, you or Retailer and/or CCI may commence an arbitration proceeding.
d. Arbitration will be conducted by a neutral arbitrator in accordance with the American
Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s
Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA
Rules”), as modified by this Arbitration Agreement. If there is any inconsistency
between any term of the AAA Rules and any term of this Arbitration Agreement, the
applicable terms of this Arbitration Agreement will control unless the arbitrator
determines that the application of the inconsistent Arbitration Agreement terms would
not result in a fundamentally fair arbitration. The arbitrator must also follow the
provisions of these Terms as a court would. All issues are for the arbitrator to decide,
including, but not limited to, issues relating to the scope, enforceability, and arbitrability
of this Arbitration Agreement. Decisions by the arbitrator are enforceable in court and
may be overturned by a court only for very limited reasons.
e. Unless CCI and/or Retailer and you agree otherwise, any arbitration hearings will take
place in a reasonably convenient location for both parties with due consideration of
their ability to travel and other pertinent circumstances. If the parties are unable to
agree on a location, the determination shall be made by AAA. If your claim is for $10,000
or less, CCI and/or Retailer agrees that you may choose whether the arbitration will be
conducted solely on the basis of documents submitted to the arbitrator, through a
telephonic hearing, or by an in person hearing as established by the AAA Rules. If your
claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules.
Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue
a reasoned written decision sufficient to explain the essential findings and conclusions
on which the award is based.

14. Severability. The provisions of these rules are deemed by the parties to be severable and the invalidity or unenforceability or any one or more of the provisions will not affect the validity or enforceability of any other provision, and all other provisions shall remain in full force and effect. If any one or more of the provisions of these rules is held to be excessively broad or invalid, illegal, or unenforceable, it shall be reformed and construed by limiting and reducing it so as to be enforceable to the maximum extent permitted by applicable law in conformance with its original intent.