TERMS & CONDITIONS
NO FUNDS WILL BE COLLECTED FROM ANY INDIVIDUAL. ALL DONATIONS MADE BY SPONSOR.
The Shapermint Cares Donation Program (“Program”) is sponsored by Overnel S.A. (“Sponsor”), Dr. Luis Bonavita 1294 (WTC Montevideo Free Zone), 11300 Montevideo, Uruguay.
1) PROGRAM PERIOD:The Program begins on October 16, 2020, and ends on December 3, 2020 or at any moment earlier upon reaching US$ 100,000 in donations, as indicated below (“Program Period”). The donation shall be made to Bottomless Closet, a New-York based nonprofit organization (the “Donee”) as early as practicable following the finalization of the of the Program Period, and no later than January 31, 2020, subject to the Donee’s availability to receive the donation.
2) ELIGIBILITY: All customers of Shapermint, regardless of where they are domiciled, will be able to participate in the Program.
3) HOW TO PARTICIPATE:During the Program Period, Sponsor will donate one Truekind® Everyday Essential Throw-on Wireless Bra (the “Product” or, in plural, the “Products”) or similar product to the Donee for each post shared on Facebook (or other social media as Sponsor may, at its sole discretion, add or determine in lieu of Facebook and shall inform to Donee and the general public accordingly) sharing the hashtag “#ShapermintCares” (or other hashtag or message as Sponsor may, at its sole discretion, add or determine to replace in lieu of Facebook and shall inform to Donee and the general public accordingly), up to a maximum of US$ 100,000 worth of Products, considering their total aggregate full retail price (to date, equivalent to approximately 2,500 units of Products).
Sponsor shall consider a maximum of one share of the hashtag or message per account or person (i.e. multiple shares of the hashtag or message by the same account shall not be considered). Sponsor reserves the right to change the specific hashtag or text to be shared in the interest of pursuing better communication or efficacy of the Program.
NOTE: Only the Sponsor will make all of the donations to the Donee selected as recipient/s. Participants are not making any direct donations to the Donee or the Program and will not receive a receipt nor will they be eligible to claim any charitable deductions on their tax returns as a result of this Program. The Sponsor is not a tax professional and does not provide tax advice.
4) LIMITATION OF LIABILITY:By participating in this Program, each participant agrees: (i) to be bound by these Terms & Conditions; (ii) to waive any rights to claim ambiguity with respect to these Terms & Conditions; (iii) to waive all of his/her rights to bring any claim, action or proceeding against any employees, directors, officers and agents of Sponsor, and its respective parent companies, divisions, affiliates, subsidiaries, advertising and promotional agencies and suppliers involved in the Program and each of their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers and each their respective officers, directors, stockholders, employees, representatives, designees and agents (the “Released Parties”) in connection with the Program; and (iv) to forever and irrevocably agree to release and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable attorneys’ fees) that may arise in connection with: (a) the Program, including, but not limited to, any Program-related activity or element thereof, and a participant’s participation or inability to participate in the Program; (b) the violation of any third-party privacy, personal, publicity or proprietary rights; (c) human error; (d) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties; (e) the negligence or willful misconduct by participant, (f) any content that participant may share (including offensive, inappropriate, obscene, unlawful and other objectionable content) through Facebook or other social media used for the purpose of the Program. Each participant is fully responsible for the content of their posts through such channels. The Sponsor and the Donee do not control or direct what participants do or say, and Sponsor and the Donee are not responsible for the participants actions or conduct (whether online or offline).
If, for any reason, the Program is not capable of running as planned, or the integrity and or feasibility of the Program is severely undermined by any event beyond the control of Sponsor or force majeure event, including but not limited to fire, flood, epidemic, pandemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state or local government law, order, or regulation, order of any court or jurisdiction, infection by computer virus, unauthorized intervention, technical failures or other cause not reasonably within the control of Sponsor, Sponsor reserves the right, at its sole and absolute discretion, to abbreviate, cancel, terminate, modify or suspend the Program and/or proceed with the Program in a manner it deems fair and reasonable. If Sponsor, in its discretion, elects to alter this Program for any reason, a notice will be posted at Shapermint’s website. Sponsor thus reserves the right to alter the start and finalization dates of the Program Period.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS PROGRAM 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 NON-INFRINGEMENT. SPONSOR’S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
NOTE: While the Sponsor and the Donee have entered into a Donation Agreement, the Sponsor and its marks, Shapermint and Truekind, are not and do not purport to be a representative or partner of the Donee, and neither is or purports to be associated in any way with the Donee.
- 5) DISPUTES: THIS PROGRAM IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF URUGUAY. IF WE CAN’T RESOLVE A DISPUTE ABOUT THE PROGRAM, YOU AGREE TO RESOLVE IT BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE INTERNATIONAL CHAMBER OF COMMERCE ACCORDING TO ITS ARBITRATION RULES AND PROCEDURES. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT IS SPONSOR/ADMINISTRATOR RESPONSIBLE FOR PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM. THE APPLICABLE LAW WILL BE THE LAW OF URUGUAY AND THE SEAT OF THE ARBITRATION WILL BE MONTEVIDEO, URUGUAY. YOU AGREE THAT THE RIGHTS AND OBLIGATIONS OF ANY PARTICIPANT SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR OF THE TIME THE CAUSE OF ACTION OCCURRED, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.
6) GENERAL: Any attempted form of participation in this Program other than as described herein is void. CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR TO UNDERMINE THE LEGITIMATE OPERATION OF THIS PROGRAM IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. If any provision of these Terms & Conditions or any word, phrase, clause, sentence or other portion thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Terms & Conditions valid and enforceable. The invalidity or unenforceability of any provision of these Terms & Conditions will not affect the validity or enforceability of any other provision. Sponsor’s failure to enforce any term of these Terms & Conditions shall not constitute a waiver of that provision and such provision shall remain in full force and effect. In the event of any conflict with any Program details contained in these Terms & Conditions and the Program details contained in any promotional materials (including, but not limited to, point of sale, television and print advertising, promotional packaging and other promotional media), the details of the Program as set forth in these Terms & Conditions shall prevail.
7) INFORMATION RELATIVE TO THE DONEE: While Sponsor has entered into a Donation Agreement with the Donee, the Sponsor, its representatives, directors, related companies, and its mark, Shapermint, are not and do not purport to be a representative or partner of the Donee, and neither is or purports to be associated in any way with the Donee. The Donation is not restricted to a particular purpose. NEITHER THE DONEE NOR ITS DIRECTORS, OFFICERS, EMPLOYEES AND VOLUNTEERS SHALL BE LIABLE IN ANY WAY, TO ANY PERSON OR ENTITY, IN CONNECTION WITH THE PROGRAM.
8) COMMUNICATION OF THE PROGRAM ON SOCIAL MEDIA: The Sponsor may communicate the Program and the donation on various social media platforms, including Facebook. In light of this, the participant fully acknowledges, accepts and is bound to the following. The participant hereby agrees to release and hold harmless Sponsor and Facebook, from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) the participant’s participation in the Program and the participant’s acceptance, use, or misuse of Facebook’s (or other social media’s) platform; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process of the Program; (v) electronic or human error in the administration of the Program. The participant acknowledges and accepts that the Program is in no way sponsored, endorsed, administered by or associated with Facebook or other social media. Neither Facebook nor any other social media involved shall assist the participant with the Program.