Terms and Conditions

TERMS OF SERVICE

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OVERVIEW

This website is operated by Marla Aaron. Throughout the site, the terms “we”, “us” and “our” refer to Marla Aaron. Marla Aaron 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 Marla Aaron, 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 Marla Aaron 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 New York, NY, 10036, 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 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@marlaaaron.com.

 

MARLA AARON JEWELRY® TREASURE HUNT CONTEST
OFFICIAL RULES 

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THIS CONTEST IS INTENDED FOR THE UNITED STATES ONLY.  DO NOT PROCEED WITH THIS CONTEST IF YOU ARE NOT A RESIDENT LIVING WITHIN THE 50 UNITED STATES OR THE DISTRICT OF COLUMBIA.  VOID WHERE PROHIBITED BY LAW.


 NO PURCHASE NECESSARY TO ENTER OR WIN PRIZE


The Marla Aaron Jewelry® Contest ("Contest") is sponsored by Tastefairy Corp., 37 West 47th Street, New York, New York 10036, USA (referred to in these official rules as “Marla Aaron Jewelry”).  The Contest is governed by these official rules.  By participating in the Contest, each entrant agrees to these official rules, including, without limitation, all eligibility requirements, and understands that the results of the Contest are final in all respects.  The Contest is subject to all federal, state and local laws and regulations and is void where prohibited by law.  There are three possible prizes at three different locations in Manhattan, New York County, New York.  Each winner will be determined solely based on the individual’s skill in being the first to complete all of the following at the subject location: locating the QR Code sticker, scanning the QR Code, and entering name, phone number and email address, all within the specified dates and time period stated below.  One winner and one prize per location.


 ELIGIBILITY - 


The Contest is only open to legal residents of the United States and the District of Columbia who are 18 years of age or older at the time of entry.  Each prize will be mailed only to the valid residential address of the eligible winner within the United States or the District of Columbia.  Each entrant must also have a valid e-mail address.  Employees, officers, directors, owners, and consultants of Marla Aaron Jewelry and their immediate family members (defined as parents, spouses, children, siblings and grandparents) and people living in the same household are not eligible to participate or win.  Marla Aaron Jewelry reserves the right to verify the eligibility of all winners.


CONTEST DESCRIPTION - 


The Contest is a competition whereby any eligible individual who is the first to complete all of the following at any of the subject locations: locating the QR Code sticker, scanning the QR Code, and entering name, phone number and email address, all within the specified dates and time period will win one prize for completing these steps for that location.  The Contest will begin at 9:00a.m. EST September 10, 2021, and will end at 11:59 p.m. EST on September 10, 2021.  This Contest is a onetime event during the specified time period.  If no eligible individuals complete the required tasks to win, then no prizes will be given.  Similarly, if only one or two eligible individuals complete the required tasks to win, then only one or two prizes will be given.


HOW TO ENTER -


No purchase is necessary to enter or to win prize.
 
To enter the Contest, entrants must locate the QR Code sticker, scan the QR Code, and enter name, phone number and email address, all within the specified dates and time period. Visit the Marla Aaron Jewelry Instagram profile, @marlaaaron, to get location clues through posts. After scanning the QR Code, each entrant must complete an online registration form to enter the Contest by providing such person’s name, phone number, and e-mail address.  Once an entrant has completed registration, and such individual is eligible and the first to complete the registration, that individual may be the winner of that prize, subject to these official rules and applicable law.  Only online entries to the Contest through the registration page after successful QR Code scan will be accepted.  No mail, faxed, e-mailed, or telephoned-in or other entries are permitted.
 
The Contest utilizes “cookies”.  In order for Marla Aaron Jewelry to track and determine an entrant’s eligibility and if entrant is the first to enter, the entrant must ensure that the used browser is set to accept cookies.
 
ENTRY LIMIT -


Only one entry per person per location will be accepted, regardless of whether that person has more than one e-mail address or physical address.  Entrants can only win at one of the three locations, if one entrant attempts to win at more than one location, that entrant will be disqualified at all locations.
 
HOW TO PLAY -


Locate the QR Code sticker using the clues posted on September 10, 2021 on the @marlaaaron Instagram profile, scan the QR Code at the location, and enter your name, physical address and email address, all within the specified dates and time period.  A participant may enter only once and must fill in the information requested.  Any unsuccessful scan, entries that are not complete, are incorrect or untimely, or do not adhere to the rules or applicable law, each for whatever reason within or beyond the entrant’s control, are at the participant’s risk even if such acts or omissions disqualify the participant.  Participants may not enter more times than indicated whether by using multiple e-mail addresses, identities or devices, or otherwise, whether or not there is any intention to circumvent the rules.  Any person who is not in compliance with applicable law and these rules may be disqualified at the sole discretion of Marla Aaron Jewelry.  If you use or are suspected of using false, fraudulent or misleading methods or otherwise attempt to circumvent the rules your submission may be removed from eligibility at the sole discretion of Marla Aaron Jewelry.
 
In order for an entrant to qualify for a prize, such entrant must be the first to complete the tasks and Marla Aaron Jewelry must receive the required information by 11:59 p.m. EST on September 10, 2021.
 
Marla Aaron Jewelry is not responsible for late, incomplete, invalid, or misdirected entries, or any internet, WiFi, device, or other equipment or system failure or defect.  Use of any automated system to submit entries is prohibited and will result in disqualification.  In the event of a dispute as to any entry, the authorized account holder of the e-mail address used to enter will be deemed to be the entrant.  The "authorized account holder" is the natural person assigned an e-mail address by an Internet access provider, online service provider or other organization responsible for assigning e-mail addresses for the domain associated with the submitted address.  Potential winners may be required to show proof of being the authorized account holder and the resident of a valid United States or District of Columbia physical address.
 
PRIVACY POLICY -


Information submitted with an entry is subject to the Privacy Policy stated on the Marla Aaron Jewelry Web Site. Read the Privacy Policy here: www.marlaaaron.com.


 WINNER SELECTION -


If any individuals timely locate the QR Code sticker and complete the scan and information entry, one prize will be awarded to each of first three eligible entrants who shall have timely completed the promotion tasks.
 
In the event of a dispute over the timing of any submission, Marla Aaron Jewelry will adhere to the determination of the QR Code software provider to advise Marla Aaron Jewelry as to which entrant was the first eligible entrant to have completed the tasks.


PRIZES -
 
Prize 1:  32" Sterling silver Heavy Curb Chain with 14k Yellow Gold Loops
14k Yellow Gold Regular Lock
$3,338 retail
 
Prize 2:  24" Sterling Silver Biker Chain with 14k Yellow Gold Loops
14k Yellow Gold Babylock
14k Green Gold and Rose Gold Pulley Charm with Fordite Cabochon
$4,617 retail
 
Prize 3:  Trundle Lock Bracelet
18K Yellow gold
$7,800 retail
 
WINNER NOTIFICATION -


Each winner will be notified by e-mail on or around the first Monday following September 10, 2021.  If a winner cannot be reached by Marla Aaron Jewelry after three attempts, using contact information provided by the winner, or if the prize notification is returned as undeliverable, that winner shall forfeit the prize and an alternative winner will be selected based on the second entrant to have otherwise timely submitted the required information.  Each winner must comply with the official rules in order to be confirmed the winner of a prize.  Each winner must sign and return any required forms, including, without limitation, affidavits of eligibility and prize acceptance, liability and release forms, and IRS-W9 forms, to Marla Aaron Jewelry within fourteen days after delivery of the forms to that person.  If a winner fails to comply with these official rules or fails to return all of the specified forms to Marla Aaron Jewelry within fourteen days after delivery, that winner will be disqualified, and an alternative winner will be selected based on the second entrant to have otherwise timely submitted the required information.
All expenses not expressly listed as part of the prize are the winner’s sole responsibility.  Each winner is responsible for any applicable taxes and fees.


GAMBLING PROHIBITION -


The Contest may not be used in connection with any form of gambling.


ADDITIONAL LIMITATIONS -


Prizes are non-transferable.  Actual/appraised value of any prize may differ at time of prize award.  No replacement, substitution or cash equivalent of prizes is permitted; however, Marla Aaron Jewelry reserves the right to substitute any prize with another of equal or greater value.  Marla Aaron Jewelry is not responsible for any typographical or other errors in the offer or administration of the Contest, including, but not limited to, errors in the printing or posting of the offer or official rules, the selection and announcement of any winner, or the distribution of any prize.  Any attempt to damage the content or operation of the Contest is unlawful and subject to legal action by Marla Aaron Jewelry or its agents.  Marla Aaron Jewelry reserves the right to terminate, withdraw or amend the Contest for any reason and without notice including, without limitation, if Marla Aaron Jewelry suspects tampering has occurred, voiding the entries at issue or terminating the Contest and conducting a random drawing among all eligible entries received as of the termination date to award the prizes.  Any tampering or damage to any property whether public or private is prohibited.
 
Marla Aaron Jewelry and its advertising and promotional agencies, and any telephone network or other service providers are not responsible for incorrect or inaccurate transcription of entry information, or for any human error, technical malfunction, lost or delayed data transmission, omission, interruption, deletion, line failure or malfunction of any telephone network, wireless system, social media platform, computer equipment or software, the inability to access any website or online service, or any other error, human or otherwise.
 
Marla Aaron is not liable for any personal injuries or loss of property that may occur while the person is at the location of the QR Code sticker.  Marla Aaron Jewelry encourages people to be aware of their surroundings and courteous to others, including potential participants.


INDEMNIFICATION, RELEASE, AND LIMITATION OF LIABILITY -


BY ACCEPTING A PRIZE, EACH WINNER AGREES TO INDEMNIFY, RELEASE AND HOLD HARMLESS MARLA AARON JEWELRY AND ITS AFFILIATES, DISTRIBUTORS, VENDORS, ADVERTISING AND PROMOTIONAL AGENCIES, SUPPLIERS AND AGENTS, AND EACH OF THEIR RESPECTIVE OWNERS, OFFICERS, MANAGERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS FROM ANY LIABILITY, DAMAGES, LOSSES OR INJURY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, WHETHER CAUSED BY NEGLIGENCE OR NOT, FROM THAT WINNER’S PARTICIPATION IN THE CONTEST, THE ACCEPTANCE OF ANY PRIZE THAT MAY BE WON, ANY USE OR MISUSE OF ANY PRIZE, AND THE ADMINISTRATION OF THE CONTEST.  MARLA AARON JEWELRY DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE CONDITION, FITNESS OR MERCHANTABILITY, ACCEPTABILITY OR UTILITY OF ANY PRIZE.  EACH WINNER AGREES TO EXECUTE ANY DOCUMENT CONTAINING THE TERMS AND CONDITIONS OF THESE OFFICIAL RULES.
 
MARLA AARON JEWELRY AND ITS AFFILIATES, DISTRIBUTORS, VENDORS, ADVERTISING AND PROMOTIONAL AGENCIES, SUPPLIERS AND AGENTS AND EACH OF THEIR RESPECTIVE OWNERS, OFFICERS, MANAGERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS DISCLAIM ANY LIABILITY FOR DAMAGE TO ANY DEVICE, COMPUTER SYSTEM, OR OTHER PROPERTY (TANGIBLE OR INTANGIBLE) RESULTING FROM ACCESS TO OR THE UPLOAD OR DOWNLOAD OF INFORMATION OR MATERIALS CONNECTED WITH THE CONTEST.
 
Entrant agrees that: (1) any and all disputes, claims, and causes of action arising out of, or connected with, the Contest or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Southern District of New York or the appropriate New York state court located in New York County, Connecticut; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs, but in no event including legal fees, disbursements or court costs; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to special, claim, punitive, indirect, incidental and consequential damages, or any other damages, other than for actual out-of-pocket costs (excluding legal fees, disbursements or court costs).
 
INTELLECTUAL PROPERTY -


The Contest and all related web pages, content and code are copyrighted by Marla Aaron Jewelry or a third party.  Copying or unauthorized use of any copyrighted materials, trademarks, or any other intellectual property without the express written consent of its owner is strictly prohibited.
 
GOVERNING LAW -


All issues and questions concerning the construction, validity, interpretation and enforceability of these official rules, or the rights and obligations of entrants and Marla Aaron Jewelry in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules of provisions (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. All federal, state and local laws apply.
This promotion is in no way sponsored, endorsed or administered by, or associated with, any social media, internet or device platform or app, including, without limitation, Facebook, Twitter, Youtube, Pinterest, Instagram, LinkedIn or Google.  You understand that you are providing your information to Marla Aaron Jewelry and not to Facebook, Twitter, Youtube, Pinterest, Instagram, LinkedIn or Google.

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