TERMS AND CONDITIONS
LAST UPDATED: February 16, 2016
Please read these Terms & Conditions of Use (this "Agreement") carefully before using this website.
By using any of the following websites (collectively, the "Zindigo Websites"), you agree to be bound by this Agreement: Zindigo.com, or any of the “Empowered by Zindigo”, any of the Zindigo or Ambassador related websites or pages on Facebook, Google +, Twitter, Tumblr or on any other social media platform. If you do not agree to the terms and conditions of this Agreement, please do not use any of the Zindigo Websites.
If you are an Ambassador or a Brand, you acknowledge and agree that your use of the Zindigo Websites is subject not only to this Agreement, but also to the terms and conditions contained in your Ambassador Agreement or Brand Contract.
Zindigo, Inc., (referred to herein as “ZINDIGO,” “the Company,” “we,” “us” and “our”), reserves the right to modify, without providing prior notice to you, this Agreement and/or related Services, in whole or in part, from time to time at our sole discretion. Any such changes will be effective immediately upon posting. You can determine when this Agreement was last revised or modified by referring to the "LAST UPDATED" legend at the top of this Agreement. You should always check this Agreement prior to using the ZINDIGO WEBSITES. Your continued use of the ZINDIGO WEBSITES and Services following the posting of changes to this Agreement will mean that you accept those changes. If the modified Agreement is not acceptable to you, your only recourse is to cease using all Zindigo WEBSITES and Services, immediately. You may contact Zindigo by e-mail at info at zindigo dot com with questions about the terms and conditions of this Agreement.
For purposes of this Agreement, the following terms have the following meanings:
- An “Ambassador” is an individual who has been accepted as an Ambassador of the Zindigo Boutique and/or an Ambassador of a Zindigo Brand Boutique AND (a) who has agreed, pursuant to the terms of an Ambassador Agreement, to be an Ambassador and to abide by all the terms of the Ambassador Agreement, (b) who remains an active Ambassador in good standing, and (c) whose Ambassador Agreement or status as an Ambassador has not been terminated.
- The “Ambassador Agreement” means these Terms & Conditions of Use, collectively with the Ambassador Agreement,
- “Collective Content” any text, graphics, images, music, software, audio, video, information, or other materials, provided or posted on any of the Zindigo Websites.
- “Services” Zindigo’s services enable users to engage in ecommerce from Ambassadors and Brands, who create and showcase online Boutiques for displaying and selling products online and on social networking and traditional url based websites.
- “Brands” (“Brands” or “Brand Partners”) refers to any of the companies whose branded items are sold, represented, described, or characterized on any of the Zindigo Websites.
- “Boutique” (“Store” or “Shop” or “Boutique”) refers to area or page of the Zindigo Websites where customers may view and/or purchase items for sale, to include “Store Windows” embedded on an Ambassador’s page, site, or wall.
ELIGIBILITY TO USE ANY ZINDIGO WEBSITE
If you choose to provide any information or fill out any forms on any of the Zindigo Websites, you agree to (i) provide true, accurate, current, and complete information; and (ii) maintain and promptly update the information you provide to Zindigo in order to keep your profile true, accurate, current, and complete. Zindigo and any relevant Brand reserves the right to use a third party/parties (for example Facebook or Twitter connect) to assist in any aspect of the registration process. You understand that by providing any information to Zindigo or filling out any forms on the website, you consent to receiving related e-mails and/or messages. You may unsubscribe from this communication at any time.
Note Regarding Ambassador’s Personalized Boutique
Ambassadors are independent third party contractors of Zindigo and Brands and are not otherwise affiliated with Zindigo or the Brands. Neither Zindigo nor the Brands are not responsible or liable for the statements, acts or omissions of Ambassadors, whether through or in connection with the Zindigo Websites, "offline," or otherwise. Without limiting the foregoing, although Zindigo enables Ambassadors to personalize online sites that contain Zindigo and Brand branding and content and that may share URLs with certain Zindigo Websites (for example, URLs such as "shops.zindigo.com/[Ambassador’s name]”, you acknowledge and agree that neither Zindigo nor any Brand has any control over, and is not responsible or liable for, any text, images, or other information or materials posted by an Ambassadors to such personalized online sites or any customizations made by Ambassadors to such personalized online sites (such information, materials, and customizations, the "Ambassador Content") or any materials communicated by an Ambassador to you. Neither Zindigo nor any Brand has taken any steps to confirm the accuracy or reliability of any Ambassador Content or other materials communicated by an Ambassador, and makes no representations or warranties as to the security of any communications with any Ambassador undertaken using Ambassador Content (for example, email links posted by Ambassadors).
LIMITED LICENSE AND RESTRICTIONS ON USE
Zindigo grants you a revocable, non-exclusive, non-transferable, limited right to access and use the Zindigo Websites accessed by you for your personal use to make purchases; or to seek engagement for yourself as an Ambassador, provided that you comply fully with this Agreement, as well as any other rules, procedures, policies, terms, or conditions that govern all or any portion of any Zindigo Website accessed by you. At any time and for any reason Zindigo may revoke your right to use all or any portion of any of the Zindigo Websites. You shall not:
- Modify, delete, copy, reproduce, repackage, publish, broadcast, license, transmit, distribute, display, perform, redeliver, frame, create derivative works from, participate in the transfer or sale of, post on the web, or exploit any of the Zindigo Websites, or any portions thereof, including, without limitation, any of the Collective Content such as text, images, articles, photographs, illustrations, audio, video clips, graphics, interfaces, information, data, tools, products, and other content or other materials on, generated by or obtained from any of the Zindigo Websites , without our express written permission;
- Violate or attempt to violate the security of any of the Zindigo Websites in any way through any means or device including, without limitation, spamming, hacking, uploading computer viruses or time bombs, or the means expressly prohibited by any provision of this Agreement;
- Decompose, decompile, reverse engineer, disassemble, or otherwise deconstruct all or any portion of any of the Zindigo Websites; or
- Remove any copyright, trademark, or other proprietary notice or legend contained on (or printed from) any of the Zindigo Websites.
CONTRIBUTED CONTENT AND RESTRICTIONS ON POSTING
In connection with your use of a Zindigo Website, you may have occasion to upload or otherwise contribute ideas, comments, editorials, writings, communications, drawings, images, data, or other types of content ("Contributed Content") to the Website.
You grant to Zindigo and any relevant Brand a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, and otherwise exploit any Contributed Content that you post on or through the Zindigo Website, and any ideas or original materials contained in such communications, in all media now known or hereafter developed. You waive all rights you may have to inspect and/or approve of any use by Zindigo or any Brand of any Contributed Content. You waive all rights to any claim against Zindigo or any Brand for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Contributed Content. You agree and understand that neither Zindigo nor any Brand is under any obligation to use any Contributed Content in any way whatsoever.
Contributed Content is not guaranteed by Zindigo or any Brand as to accuracy, completeness, or usefulness, and neither Zindigo nor any Brand endorses any Contributed Content. It is the responsibility of the website users to evaluate the accuracy, completeness, or usefulness of any Contributed Content.
You agree not to upload, post, or otherwise make available on any of the Zindigo Websites, whether Contributed Content or otherwise:
- Any material protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark, or other proprietary right. You agree and acknowledge that you have the burden of determining whether any material is or is not protected by copyright;
- Any material that is discriminatory, sexually explicit, racist, obscene, libelous, defamatory, threatening, harassing, abusive, hateful, or otherwise injurious to third parties (such as any content that would violate the privacy or publicity rights of others);
- Any material that would mislead as to the origin of your Contributed Content, such as by impersonating any person or entity, living or dead;
- False, inaccurate, or misleading information, opinions, or notices (commercial or otherwise) or chain letters;
- Advertisements or solicitations of business; or
- Trade secrets (unless you own them or have the owner's permission to post them).
By submitting Contributed Content, you warrant that the owner of such Contributed Content has expressly granted to Zindigo and/or the relevant Brand a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, and otherwise exploit such Contributed Content and any ideas or original materials contained in such communications, in all media now known or hereafter developed. You also permit any other user of the website to access, view, store, or reproduce the Contributed Content for that user's personal use.
Zindigo and/or the relevant Brand has the right, but not the obligation, to monitor any content posted on any Zindigo Website to determine compliance with this Agreement or to satisfy any law, regulation, or government request.
Zindigo has the right, at its sole discretion, to edit, refuse to post, or remove any Contributed Content submitted to or posted on any Zindigo Websites including, but not limited to, content that is unlawful, threatening, libelous, defamatory, obscene, pornographic, graphic, or otherwise objectionable.
PASSWORD AND USER IDS
To access some, if not all, Zindigo Websites, you will be required to register via an "Access Method" and may be prompted to enter a user ID and password, and/or to connect with Facebook or Twitter. You may be supplied with other methods required to access Zindigo Websites and/or your account, such as an activation code. You are solely responsible for the confidentiality and security of your Access Methods. You are responsible for all activities that occur under your Access Methods and/or account and may not share your login details with others. Zindigo is not obligated to inquire as to the authority or propriety of any use of, or action taken under, your Access Methods and/or account, or any other security breaches you become aware of. You must immediately notify Zindigo of any actual or suspected loss, theft, or unauthorized use of your Access Methods. Zindigo will not be responsible for any loss to you that arises from any use of your account or your Access Methods or from your failure to comply with these provisions.
OWNERSHIP; INTELLECTUAL PROPERTY POLICY; INFRINGEMENT NOTICE
Zindigo owns, controls, licenses, or has the right to use and provide all Content on the Zindigo.com website. The Zindigo.com website is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. Zindigo owns the copyright in the entire Zindigo.com website, including, a copyright in the selection, coordination, arrangement, and enhancement of the website. You agree to abide by any and all copyright notices, information, or restrictions displayed on the Zindigo.com website.
The website may also contain trademarks, service marks, brand names, certification marks, collective marks, D/B/As, Internet domain names, logos, symbols, trade dress, assumed names, fictitious names, trade names, and other indicia of origins (collectively, "Marks") that are owned by Zindigo or by its Brands, and you may not use any such marks without Zindigo's or the Brands' written permission. You shall not purchase search engine keywords that use any Zindigo Marks or Marks of any Brands, or any derivations thereof.
Pursuant to Section 512(c)(2) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Zindigo designates the agent described below to receive notifications of claimed copyright infringement by email: Kellie Gerardi. The designated copyright agent can also be reached by telephone at 877-464-3293 and by e-mail at copyright at zindigo dot com.
Please include the following in your notice:
- The physical or electronic signature of the owner or someone authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- A description or identification of the copyrighted work you claim has been infringed;
- A description of the material that is claimed to be infringing, and information reasonably sufficient to allow us to find it;
- Your address, telephone number, and e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement, under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on behalf of the owner.
Repeated violations of others' copyrights may result in a loss of privileges.
Neither Zindigo nor any Brand is responsible for information on any third-party website that is referred in, or accessible or connected by hyperlink to, any of Zindigo Websites. If you access any third-party website through any Zindigo Website or otherwise, you do so at your own risk. Hyperlinks to or from any Zindigo Website do not constitute third-party endorsement of, sponsorship by, or affiliation with Zindigo or any Brand.
UNAVAILABILITY OF THE WEBSITE
Neither Zindigo nor any Brand is liable for any technological problems regarding any of the Zindigo Websites and any impact that it may have. All or any portion of any of the Zindigo Websites may not be available and may not function properly at any time. Zindigo makes reasonable efforts to avoid technological problems, but at any time the website may have and may cause technological problems such as viruses and other damaging computer programming routines or engines. Zindigo takes reasonable efforts to ensure that the Zindigo Websites are secure, but neither Zindigo nor any Brand guarantees the security of any Zindigo Website. Neither Zindigo nor any Brand is liable for any defects, delays, or errors in or resulting from your use of any of the Zindigo Websites.
ZINDIGO AND ALL BRANDS DISCLAIM ALL WARRANTIES WITH RESPECT TO ALL OF THE ZINDIGO WEBSITES THAT THE LAW ALLOWS IT TO DISCLAIM. ALL OF THE ZINDIGO WEBSITES, INCLUDING, WITHOUT LIMITATION, ALL COLLECTIVE CONTENT, IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND OTHER PROPRIETARY RIGHTS. WITHOUT LIMITING OUR GENERAL DISCLAIMER, NEITHER ZINDIGO NOR ANY BRAND WARRANTS THE SECURITY, AVAILABILITY, ACCURACY, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OF ANY OF THE ZINDIGO WEBSITES OR ANY PART OF THE CONTENT.
LIABILITY AND INDEMNITY
ZINDIGO'S AND THE RELEVANT BRAND’S LIABILITY WITH RESPECT TO THE RELEVANT ZINDIGO WEBSITE IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT WILL ZINDIGO OR ANY OF OUR AFFILIATES, BRANDS, AMBASSADORS, AGENTS, OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, ARISING OUT OF THIS AGREEMENT, ANY ZINDIGO WEBSITE, OR THE INABILITY TO USE ANY ZINDIGO WEBSITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, EVEN IF ZINDIGO, OR AN AUTHORIZED REPRESENTATIVE, HAS BEEN ADVISED OF THE POSSIBILITY OF THE DAMAGES OR IF ANY REMEDY YOU HAVE FAILS IN ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU WILL BE RESPONSIBLE FOR ANY LIABILITY TO ZINDIGO OR A BRAND THAT ARISES OUT OF YOUR BREACH OF THIS AGREEMENT OR YOUR USE OF ANY OF THE ZINDIGO WEBSITES. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS ZINDIGO AND ITS AFFILIATES, BRANDS, AMBASSADORS, AGENTS, EMPLOYEES, AND THIRD-PARTY SOURCES AGAINST ANY AND ALL SUITS, LOSSES, CLAIMS, DEMANDS, LIABILITIES, DAMAGES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES) THAT ARISE FROM OR RELATE TO: YOUR USE OF ANY OF THE ZINDIGO WEBSITES, YOUR BREACH OF THIS AGREEMENT, YOUR VIOLATION OF ANY APPLICABLE LAW, STATUTE, ORDINANCE, REGULATION, OR OF ANY THIRD-PARTY'S RIGHTS, CLAIMS ASSERTED BY OR BETWEEN YOU AND ANY BRAND, OR CLAIMS ASSERTED BY THIRD PARTIES WHICH, IF PROVEN, WOULD PLACE YOU IN BREACH OF THIS AGREEMENT.
This Agreement is governed by and construed in accordance with the laws of the State of New York, without regard to conflicts of laws' provisions. The sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement shall be an appropriate State or Federal court located in Manhattan, New York and you hereby irrevocably consent to the jurisdiction of such courts.
If any provision of this Agreement is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible and the remaining provisions of this Agreement shall remain in full force and effect.
Zindigo may assign this Agreement in whole or in part at any time without your consent. You may not assign this Agreement or delegate any of your obligations under this Agreement. Any purported assignment of this Agreement in violation of its terms is void.
Zindigo shall not be deemed to be in breach of this Agreement and shall have no liability hereunder if its obligations are delayed or prevented by any reason of any act of God, war, fire, floods, earthquakes, natural disaster, accident, riots, acts of government, civil disturbance, terrorist act, shortage of materials or supplies, failure of any transportation or communication system, non-performance of any of your third-party providers (including, without limitation, the failure or performance of internet service providers) or any cause beyond its reasonable control.
YOUR CONSENT FOR NOTICES
You agree that Zindigo or a relevant Brand has the right to send you certain information in connection with the Zindigo Websites. Zindigo and the Brand may send you this and any other information in electronic form to the e-mail address you specified when you created an account through the Zindigo Website. You may have the right to withdraw this consent under applicable law, but if you do, Zindigo may cancel your rights to the Zindigo Website. Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. As long as you access and use the any of the Zindigo Websites, you agree that you will have, or have access to, the necessary software and hardware to receive such notices. If you do not consent to receive any notices electronically, you agree to stop using or accessing the Zindigo Website. To unsubscribe from Zindigo notices you agree you are no longer an active customer or Ambassador and have requested to unsubscribe via the standard “Unsubscribe” option posted in our mailings.
AVAILABILITY OUTSIDE OF THE UNITED STATES
The Collective Content or the Contributed Content may not be available for use outside of the United States. Neither Zindigo nor any Brand make any representation that any Content or any Contributed Content is appropriate or available for use outside the United States, its territories, possessions, and protectorates. If you choose to access any of the Zindigo Websites from other locations, you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside
Zindigo may offer eligible users the ability to earn commissions or other rewards when they invite friends to open their own Ambassador Boutique within the required timeframe. In order to be eligible to receive any commissions on any referrals you must first refer your friend to open a Zindigo Boutique, and then open that same Boutique within ten days of your referral making their first sale, earning you 3% commission on all their qualifying sales.
Be aware that each Brand has its own application process and Zindigo cannot guarantee that an applicant will be accepted by a Brand. An applicant becomes an Ambassador only after she has been accepted by the Brand.
You may only earn credits via Zindigo’s authorized Ambassador invite mechanism. Referrals outside of Zindigo authorized channels will not result in any referral credit. You understand that referral credits are not transferable, may not be auctioned, bartered or sold, may not be pooled with other members, and expires one (1) year after issuance. You may also receive credit for the qualifying sales made by a friend who became an Ambassador and opened his or her Boutique on Zindigo as a result of an invite from you via a Zindigo authorized channel. If your friend does not follow the directions in the invite email to accept the invitation, you may not receive credit, and Zindigo will have no liability to you for your friend’s failure to follow directions. You agree that having multiple Zindigo accounts is acceptable for different Brands, but no more than one Boutique per Brand may be opened. Opening more than one Boutique per Brand is a violation of this Agreement and that sending invites to alternate email addresses or accounts or otherwise attempting to circumvent Zindigo’s referral program system may, without limiting any other Zindigo rights or remedies, result in forfeiture of your membership and all referral credits in your account. Zindigo reserves the right to void referrals and credits earned if it suspects that the referrals or credits were earned in a fraudulent manner, in a manner that violates this Agreement or in a manner otherwise not intended by Zindigo. You must not conduct your own promotion in connection with our referral credit program. You may not engage in any promotional, marketing, or other advertising activities on behalf of Zindigo, including by using any trademarks of Zindigo, other pursuant to the rules and standards applicable to Ambassadors.
The referral credit program is void where prohibited by law. Zindigo reserves the right to modify or terminate the referral credit program at any time, although credits accrued shall be valid for one year from the date of posting. Should there be any tax liability for the accumulation and/or use of credits, such taxes are the sole responsibility of the participant. You understand that your account may not accurately reflect the credits you have actually earned. Zindigo will have no liability for any errors displayed in your account.
The Zindigo Referral Sweepstakes Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
Zindigo Sweepstakes (the “Sweepstakes”) is open only to legal residents of the fifty (50) United States (including District of Columbia) who are at least eighteen (18) years old at the time of entry. Employees of Zindigo, Inc. or any of its respective affiliates, subsidiaries, advertising agencies, or any other company or individual involved with the design, production execution or distribution of the Sweepstakes and their immediate family (spouse, parents and step-parents, siblings and step-siblings, and children and step-children) and household members (people who share the same residence at least three (3) months out of the year) of each such employee are not eligible. The Sweepstakes is subject to all applicable federal, state and local laws and regulations. Void where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
Zindigo, Inc., 2401 PGA Blvd Suite 280-A, Palm Beach Gardens, FL 33410.
The Sweepstakes begins on March 1, 2016 at 12:00:00 a.m. Eastern Time (“ET”) and ends on June 30, 2016 at 11:59:59 p.m. ET (the “Sweepstakes Period”). Sponsor’s computer is the official time keeping device for this Sweepstakes.
4. How to Enter and Earn Entries
During the Sweepstakes Period, you can receive one entry by register with Zindigo. Once you have completed registration you will automatically receive one (1) entry into the Sweepstakes. You may only register once during the Sweepstakes Period. During the Sweepstakes Period you may obtain additional entries into the Sweepstakes as follows:
- Open a Zindigo Shop. Upon opening a Zindigo Shop you will earn twenty five (25) additional entries into the Sweepstakes.
- Sharing the Sweepstakes. Upon sharing the sweepstakes to your friends you will receive one (1) additional sweepstakes entry for every friend that you email regarding the Sweepstakes.
- Share the Sweepstakes Resulting in a Registration. For each friend that registered and qualifies as an eligible entrant in the Sweepstakes two (2) additional entries into the Sweepstakes.
- Completing an Online Form. You will receive one hundred (100) additional Sweepstakes entries when you fully complete the online form located at [insert link]. You may only complete the online form once and there is a limit of one hundred (100) entries for this method of entry.
Limit: Each entrant may receive up to five thousand (5,000) entries during the Sweepstakes Period through any method or combination of methods of entry. Multiple entrants are not permitted to share the same email address. 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 that entrant’s entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected registrations, which will be disqualified. In the event of a dispute as to any registration or play, the authorized account holder of the email address used to register will be deemed to be the registrant or player. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winner may be required to show proof of being the authorized account holder.
5. Selection of Winner
Sponsor or an independent judging organization whose decisions as to the administration and operation of the Sweepstakes and the selection of potential winner is final and binding in all matters related to the Sweepstakes. Sponsor will randomly select the potential Sweepstakes winners, from all eligible entries. Odds of winning depend on the total number of eligible entries received at the time of the drawing.
6. POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. POTENTIAL WINNER WILL BE REQUIRED TO PROVIDE FULL NAME AND NECESSARY DETAILS TO CONFIRM PRIZE ELIGIBILITY.
7. Verification of Potential Winners
Potential winners must continue to comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements. The potential winners will be notified by mail, email or phone. The potential winner will be required to sign and return to Sponsor, within ten (10) days of the date notice is sent, an Affidavit of Eligibility, Liability and Publicity Release (except where prohibited) in order to claim his/her prize if applicable. If a potential winner of the prize cannot be contacted, or fails to sign and return the Affidavit of Eligibility, Liability and Publicity Release within the required time period (if applicable), potential winner forfeits prize. In the event that a potential winner of the Prize is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries.
The following prizes will be awarded:
- Grand Prize: There will be one grand prize winner. Grand prize winner will receive a one thousand dollar ($1,000) shopping spree code to be used in an eligible Zindigo Shop and will be chosen by random draw, on or by 07/05/2016.
No cash equivalent and all prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winner is responsible for all taxes and fees associated with prize receipt and/or use.
By receipt of any prize, each winner agrees to release and hold harmless Sponsor and its respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Sweepstakes or receipt or use or misuse of the prize.
Except where prohibited, participation in the Sweepstakes constitutes winner’s consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
11. General Conditions
Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to award the prize at random from among the eligible entries received up to the time of the impairment. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be in violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
12. Limitations of Liability
The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Sweepstakes; (d) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (e) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use or misuse of the prize. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in Sweepstakes. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, non-awarded, eligible prize claims.
Except where prohibited, entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or the prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court in Palm Beach County, Florida., (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (c) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Florida, without giving effect to any choice of law or conflict of law rules (whether of the State of Florida or any other jurisdiction), and shall be referred to and finally resolved by a single arbitrator appointed under the Rules, and in accordance with the procedures of the American Arbitration Association, which rules and procedures are deemed to be incorporated by reference into this clause which would cause the application of the laws of any jurisdiction other than the State of Florida.
14. Entrant’s Personal Information
15. Sweepstakes Results
Winner List requests will only be accepted after the Sweepstakes end date (listed above) and no later than September 30, 2016. For the Winner List, send a self addressed stamped envelope to Zindigo Sweepstakes – Winner’s List, Zindigo, Inc., 2401 PGA Blvd Suite 280-A, Palm Beach Gardens, FL 33410.
Zindigo respects your concerns about privacy. This Privacy Notice describes the types of personal information we collect, how we use the information, with whom we share it, and the choices you can make about our collection, use and disclosure of the information. We also describe the measures we take to protect the security of the information and how you can contact us about our privacy practices.
The phrase “personal information” refers to information by which you or the device you are using to connect to the Internet can be identified.
Information We Collect
We may obtain personal information about you from various sources, including all Zindigo Websites, mobile applications, when you call or email us or communicate with us through social media, or when you participate in events or other promotions. We also may obtain information about you from our affiliate or subsidiary companies, business partners and other third parties.
The types of personal information we may obtain include:
- Your contact information (such as name, Twitter handle, postal and email address, or phone number)
- Contact information of friends or other people you would like us to contact
- Username and password for the account you may establish on our sites
- Payment details (including payment card number, security code, expiration date, cardholder name and billing address)
- Shipping information (including the shipping address and phone number)
- Demographic information (such as age, date of birth and gender)
- Information you provide by interacting with us through social media, including photographs
- Location information, such as the real-time geographic location of the device on which you install our mobile applications
- Shopping behavior and preferences, and a record of the purchases you make on our websites
- Other details that you may submit to us or that may be included in the information provided to us by third parties
In addition, when you visit our websites or use our mobile applications, we may collect certain information by automated means, such as cookies and web beacons. We also may use third-party website analytics tools that collect information about visitor traffic on our sites and mobile applications. The information we may collect by automated means includes:
- Information about the devices our visitors use to access the Internet (such as the IP address and the device, browser and operating system type)
- URLs that refer visitors to our sites
- Dates and times of visits to our sites
- Information on actions taken on our sites (such as page views and site navigation patterns)
- A general geographic location (such as country and city) from which a visitor accesses our websites
- Search terms that visitors use to reach our sites
How We Use the Information We Collect
We may use the information we obtain about you to:
- Register you for membership at our websites, and manage and maintain your account on the sites
- Provide products or services you request
- Process, validate, confirm, verify, deliver and track your purchases (including by processing payment card transactions, arranging shipping and handling returns and refunds, and contacting you about your orders, including by telephone)
- Maintain a record of the purchases you make on our sites
- Respond to your questions and comments and provide customer support
- Communicate with you about our products, services, offers, events and promotions, and offer you products and services we believe may be of interest to you
- Enable you to communicate with us through our blogs, social networks and other interactive media
- Publish your testimonials about Zindigo, including on our websites and blogs, and on social networks (if we choose to publish your testimonial, we will include only your first name, last initial, city and state)
- Manage your participation in our events, sweepstakes and other promotions
- Tailor our products and services to suit your personal interests and the manner in which visitors use our sites, applications and social media assets
- Operate, evaluate and improve our business and the products and services we offer
- Analyze and enhance our marketing communications and strategies (including by identifying when emails sent to you have been received and read)
- Analyze trends and statistics regarding visitors’ use of our sites, mobile applications and social media assets, and the purchases visitors make on our sites
- Protect against and prevent fraud, unauthorized transactions, claims and other liabilities, and manage risk exposure, including by identifying potential hackers and other unauthorized users
- Enforce our Website Terms and Conditions of Use
- Comply with applicable legal requirements and industry standards and our policies
We may combine the information we collect with publicly available information and information we receive from our parent, affiliate or subsidiary companies, business partners and other third parties. We may use that combined information to enhance and personalize your shopping experience with us, to communicate with you about products, services and events that may be of interest to you, for other promotional purposes, and for other purposes described in this section.
We also may use the information we obtain about you in other ways for which we provide specific notice at the time of collection.
Information We Share
We do not sell or otherwise disclose personal information about you, except as described in this Privacy Notice.
We may share the personal information we collect with our affiliate and subsidiary companies, business partners, ad network vendors and their participants, and other third parties for the purposes described in this Privacy Notice, including to communicate with you about products and services, offers, events and promotions that we believe may be of interest to you. We also may share personal information with our service providers who perform services on our behalf. These service providers are not authorized by us to use or disclose the information except as necessary to perform services on our behalf or comply with legal requirements.
We also may disclose information about you (i) if we are required to do so by law or legal process (such as a court order), (ii) in response to a request by law enforcement authorities, or (iii) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity. We also reserve the right to transfer personal information we have about you in the event we sell, merge or transfer all or a portion of our business or assets. Following such a sale, merger or transfer, you may contact the entity to which we transferred your personal information with any inquiries concerning the processing of that information.
You may choose not to receive marketing email communications from us by clicking on the unsubscribe link in the marketing emails or by adjusting your email preferences using the online account you may establish on our sites.
Most browsers will tell you how to stop accepting new cookies, how to be notified when you receive a new cookie, and how to disable existing cookies. Please note, however, that without cookies you may not be able to take full advantage of all of our sites’ features. In addition, disabling cookies may cancel opt-outs that rely on cookies.
How We Protect Personal Information
We maintain administrative, technical and physical safeguards designed to assist us in protecting the personal information we collect against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use. For example, we use Secure Sockets Layer encryption to protect certain of your purchase information while in transit.
Please note that no electronic transmission of information can be entirely secure. We cannot guarantee that the security measures we have in place to safeguard personal information will never be defeated or fail, or that those measures will always be sufficient or effective.
To further protect yourself, you should safeguard your Zindigo account user name and password and not share that information with anyone. You should also sign off your account and close your browser window when you have finished your visit to our sites. Please note that we will never ask for your Zindigo account user name or password via email.
For additional details about the security measures we have implemented to safeguard personal information, please see our Information Security Policy.
Zindigo does not direct its websites to children under the age of fourteen .We require registered users of the site to be at least eighteen years old. If we learn that a user is under eighteen years of age, we will promptly delete any personal information that the individual has provided to us.
Updates to this Privacy Notice
This Privacy Notice may be updated periodically and without prior notice to you to reflect changes in our personal information practices. We will post a prominent notice on our websites to notify you of any significant changes to our Privacy Notice and indicate at the bottom of the notice when it was most recently updated.
How to Contact Us
If you have any questions or comments about this Privacy Notice, or if you would like us to update information we have about you or your preferences, please contact us by email at support at zindigo.com. You also may write to us at:Zindigo, Inc., Attn: Legal Department, 253 W. 35th St. 15th Floor, New York, New York 10001