TERMS & CONDITIONS


SMASHBOX PHOTO FINISH CLASSIC PRIMER PROMOTIONAL OFFER


TERMS & CONDITIONS

No purchase necessary. Void where prohibited. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook or Twitter. You are providing your information to Sponsor, and not to Facebook or Twitter. The information you provide will be used consistent with Sponsor’s Privacy Policy (http://www.smashbox.com/customer_service/privacy-policy) and the Operator’s Privacy Policy (http://topbox.ca/pages/privacy).


LIMITED TIME OFFER OVERVIEW

The first 15,000 eligible participants who access Smashbox (the “Sponsor”), Photo Finish Classic Primer via Topbox (the “Operator”) will have an opportunity to send a friend or receive one (1) of 15,000 Photo Finish Classic Primer samples. This Offer is available only for a limited time or while supplies last. (See full details below.)


ELIGIBLE PARTICIPANTS

The Offer is only open to senders and recipients who are legal Canadian Residents. All federal, provincial, and local laws and regulations apply. Employees of Sponsor or its affiliates, sales representatives, agencies, dealers, retailers, wholesalers, distributors, and promotional and other vendor agencies involved in the promotion, and the immediate family (parent, spouse, sibling, child, grandparent, grandchild) and household members of all such employees, are NOT eligible. Promotion is subject to all federal, state and local laws and regulations. Void where prohibited or restricted by law.


HOW TO PARTICIPATE

In order to send or receive one (1) of 15,000 Photo Finish Classic Primer samples. You must do the following:

  1. Click on the EMAIL”, “FACEBOOK”, or "TWEET" button to send the Offer to a friend.
  2. Should you be one of the first 15,000 participants, you will be invited to send to whom you would like to send one (1) Photo Finish Classic Primer sample.
  3. If you selected the “EMAIL”, “FACEBOOK”, or ‘TWEET” option, your friend will then have to click the Offer link provided, accept Offer terms and confirm their Email in order to receive a sample. Once they confirm, their sample will be mailed to them within 14 business days.

OFFER PERIOD

This Offer shall run between 9am ET on February 15th, 2017 and 12pm ET on February 20th, 2017 or until the supply of 15,000 Photo Finish Classic Primer samples runs out (“Offer Period”). The Operator will maintain the official time clock and will determine the order of requests received for the Offer. There is a limit of one (1) Photo Finish Classic Primer sample per household and per Facebook account. Senders can send up to three (3) items to friends. Any attempt by any person to submit multiple offer requests using multiple/different accounts or any other methods will void that all that person’s offer requests and that person will be disqualified at the Sponsor’s discretion.

The approximate weight of each product offered is 7.5mL. Products are non-transferable. No substitutions, cash-outs, or alternative merchandise. If any Offered Product is returned as undeliverable, no further attempts will be made to deliver it and it will be deemed forfeited. Sponsor and Operator are NOT responsible for any lost, late, delayed, or misdirected Offer requests or Offer products.


RELEASE

By participating in this Offer, participants agree to release, discharge, and hold harmless Facebook, Sponsor, Operator, and their respective parents, affiliates, subsidiaries, advertising and promotions agencies, and other individuals engaged in the development or execution of this Offer, from any liability, claims, losses, and damages arising out of or relating to their participation in this Offer or the acceptance, use, misuse, or possession of any product received in connection with this Offer.

Sponsor and Operator are not responsible for any typographical or other error in the printing of this offer, including erroneous appearance of qualification for the Offered Product and under no circumstances will more than the stated number of products be awarded. If for any reason Sponsor and/or Operator is prevented from continuing with this Offer, or if the integrity and/or feasibility of the Offer is severely undermined by any event including but not limited to fire, flood, epidemic, 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, provincial, or local government law, order or regulation, order of any court or jurisdiction, Sponsor shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel or terminate the Offer without further obligation.

CAUTION: ANY ATTEMPT BY A PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY ALTER OR DAMAGE ANY WEBSITE, APP, OR SERVICE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE OFFER ARE PROHIBITED AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR AND OPERATOR RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

BY PARTICIPATING AS AN ACTUAL OR PROSPECTIVE OFFERED PRODUCT SENDER OR RECIPIENT YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING ALL LIMITATIONS OF LIABILITY AND DISCLAIMERS, AS SPECIFIED HEREIN.

Sponsored by Smashbox, 40 W. 23rd St. 3rd Floor New York, NY 10010 (“Sponsor”), and operated by Topbox Inc., 76 Geary Avenue, Toronto, ON  M6H 2B5 ("Operator").



Privacy Policy

Topbox ("we"/"us") provides this Privacy Policy ("Policy") to inform you, the user, ("you") of our policies and procedures regarding the collection, use, and disclosure of personal information ("Personal Information") and the data we collect, do not collect, store, and do not store, from users. Topbox respects your privacy, and is committed to protecting such Personal Information. The Policy applies to you and all users who download or use the Topbox app (the "App"). The App may only be used by individuals who are at least 13 years old.

INFORMATION COLLECTION & USE

In order to facilitate the sending and receiving of samples, gift cards, or online coupon codes from, and applicable to products and/or services provided by, our partner merchants/brands ("Partners") over Partners' Facebook pages ("Sites"), we collect Personal Information through the Facebook Connect service. Such information includes your name, Facebook name, Facebook ID, city-level location, e-mail address, gender, birthday, and number of Facebook friends. We may also collect your Twitter handle or other social media ID, social media profile picture or avatar. We collect your shipping address to send your samples to you, and also your phone number, to provide you with transactional notifications and to authenticate your account. We collect other brand- or product-related information such as your child’s birthdate, if you provide that information.

We also track areas of interest, including: the types of offers that interest you; campaigns you participate in; newsletters you subscribe to; information about friends who refer you or whom you refer; information about how you interact with Topbox or the Sites, such as the products or services you view or share; how you interact with us, Partners, and friends; and the pages and other accounts you follow on social media.

We also collect information related to contact you may have with us or Partners via telephone, email, text, postal mail, social media interaction, or other methods of communication, for reasons such as customer support.

We may also collect Personal Information from time to time through other communications with you, information downloads, product or service purchases or sharing, and user support.

As you use the App or Site, certain anonymous information may be passively collected (that is, gathered without you explicitly providing the information), including your Internet Protocol (IP) address, operating system, browser type, the address of a referring site and your Site or App activity. We use Google Analytics, and your Internet browser may, for instance, using small files called "cookies," automatically transmit anonymous information to us, such as the date and time you access the App. We use such information to better understand how you interact with our services, while monitoring traffic to our services, with the aim of improving our services. This information is not treated as personal information unless we combine it with or link it to any of the personally identifiable information mentioned above. While you may be able to disable cookies with your browser, doing so may affect Topbox’s functionality.

INFORMATION SHARING & DISCLOSURE

We will not transfer your Personal Information to third parties without your permission, except for the following.

We share with our Partners anonymized statistics pertaining to the types of users using the App and their general behaviour. We may also share your name, city-level location, shipping address, age and gender, social media IDs such as Facebook ID and Twitter handle, and information on your participation in any campaigns, offers and newsletter subscriptions with any current Partners at their request.

In addition, we may send your Personal Information to other companies or people under any of the following circumstances: when we have your consent to share the information; or we need to share your information to provide the product or service you have requested; or we need to send the information to companies who work on our behalf (who are not Partners) to provide a product or service to you. We will only provide those companies the information they need to deliver the service, and they are prohibited from using that information for any other purpose).

We may also transfer your Personal Information without your permission to the extent required to do so by law or in the good faith belief that such action is necessary to: (i) conform to the edicts of law or comply with legal process served on us; (ii) protect or defend our rights or property; (iii) act in urgent circumstances to protect the personal safety, property, or privacy of our employees, users, or members of the public; or (iv) affect a transaction, restructuring or proceeding that transfers to a third party the assets or line of business to which the information pertains.

CHANGING OR DELETING YOUR INFORMATION

You may review, update, correct, or delete Personal Information by contacting us. Please contact us should you desire a change, and we will strive to accommodate your request as quickly as possible if we do not have any legal obligation to retain the record. See below for contact information.

DATA SECURITY

Your Personal Information is protected for your privacy and security. We safeguard the security and confidentiality of your data using physical, technical, and managerial procedures. Please be aware that, despite our best efforts, no security measures are perfect or impenetrable.

INTERNATIONAL TRANSFER

Your information may be transferred to, and maintained on, computers located outside of your jurisdiction, where the privacy laws may not be as protective as those in your jurisdiction. Topbox may transfer Personal Information across the United States and/or Canada and process and/or store it there.

BUSINESS OR ASSET TRANSFER OR SALE

Topbox may be sold, might sell or buy businesses or assets of businesses, or Topbox might merge with another business. Normally, in the instance such transactions, user information is one of the transferred business assets. In the event that Topbox, a line of business of Topbox, or substantially all the assets of Topbox are transferred as part of such a transaction, your information may well be one of the transferred assets. Where and as required by law, Topbox will make reasonable effort to provide notice on Topbox and to notify you via email to the most recent email address that you have provided to Topbox of any such change in ownership or control of your Personal Information.

PROTECTION OF MINORS

Children under the age of 13 are not permitted to register or use.

CHANGES TO THIS PRIVACY POLICY

If we decide to make material changes to our Privacy Policy, we will notify you and other users by placing a notice on our website (http://topbox.ca/pages/privacy). You should periodically check http://topbox.ca/pages/privacy for updates.

CONTACT INFORMATION

If you have any questions, comments or concerns please contact us electronically at info@topbox.ca.

Last Updated: June 20, 2016


Terms of Service

TOPBOX ("WE"/"US") HAS/HAVE DEVELOPED THE MOBILE APPLICATION (THE "APP") AS PART OF A SERVICE WHICH MAY ENABLE YOU, AS A USER ("YOU"), TO SEND (AS A "SENDER") OR RECEIVE (AS A "RECEIVER") SAMPLES, GIFT CARDS, OR ONLINE COUPON CODES FROM, AND APPLICABLE TO PRODUCTS AND/OR SERVICES PROVIDED BY, OUR PARTNER MERCHANTS/BRANDS ("PARTNERS").

THESE TERMS OF USE ("TERMS") APPLY TO ALL USERS USE THE APP. TOPBOX MAY ONLY BE USED BY INDIVIDUALS WHO ARE AT LEAST 13 YEARS OLD.

BY USING THE APP OR RELEVENT TOPBOX OR PARTNER FACEBOOK PAGES ("SITES") YOU ARE AGREEING TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU ARE PROHIBITED FROM USING THE APP. THESE TERMS MAY BE AMENDED OR UPDATED BY US FROM TIME TO TIME AND THE MOST CURRENT VERSION WILL BE POSTED ON TOPBOX.CA. IT IS ENTIRELY YOUR RESPONSIBILITY TO REVIEW THESE TERMS FOR ANY CHANGES. YOUR APP USE AFTER ANY AMENDMENTS OR UPDATES OF THESE TERMS SHALL SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF ALL SUCH REVISED TERMS. ANY NEW FEATURES OR FUNCTIONS THAT MAY BE ADDED FROM TIME TO TIME WILL BE SUBJECT TO THESE TERMS, UNLESS STATED OTHERWISE, AND NOT REQUIRE SPECIFIC NOTICE OR CONSENT.

ACCESS

Accessing the App requires both Senders and Receivers to (i) "like" the relevant Partner "page" using Facebook, and to (ii) accept the relevant Facebook Connect authorizations, and to (iii) accept and abide by these Terms, our Privacy Policy http://topbox.ca/pages/privacy and our Partner's terms and conditions detailed on the App "page".

As a Sender or Receiver, you must:

provide us with accurate and complete information; and

update your registration information immediately upon any changes; and

not use false identities or impersonate any other person or entity or use a name that you are not authorized to use; and

affirm and warrant that you will only communicate and make representations with total candor, precision, and honesty; and

agree to only share your friends' information with their prior consent.

RESTRICTIONS ON USE

In using the App you shall not:

copy any content from Topbox unless expressly permitted to do so herein;

upload, post, email, transmit or otherwise make available any material that:

you do not have a right to make available under any law or under a contractual relationship;

infringes any patent, trademark, trade secret, copyright or other rights;

is or contains unsolicited or unauthorized advertising or solicitation;

contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Site; or contains any falsehoods or misrepresentations or create an impression that you or ought to know is incorrect, misleading, or deceptive, or any in any way harmful;

impersonate any person or entity or misrepresent an affiliation with a person or entity;

interfere with or disrupt the App or Site servers or networks, or disobey any requirements, procedures, policies or regulations of networks connected to the App or Site or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;

intentionally or unintentionally violate any applicable local, state, national or international law or regulation;

collect or store personal data about other users or share or publish any private information of someone, like their address, phone number, email address, and similar information without their explicit written permission;

license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the App or Topbox; or

modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Topbox or any software provided as part of the App or Site, except to the extent the foregoing restrictions are expressly prohibited by applicable law.

We reserve the right to investigate and prosecute violations of any of the above and/or involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.

INTELLECTUAL PROPERTY VIOLATIONS

We do not permit intellectual property-infringing activities and will move to remove any content and/or stem any activity we deem infringing on another's intellectual property rights. If you are an intellectual property rights holder or an agent thereof and believe your rights are being violated, you may contact us via info@topbox.ca.

END USER LICENSE

The App and the information and materials that it contains/displays, are the property of The Topbox App and its Partners or licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to these Terms, we grant you a non-transferable, non-exclusive, license to use the App (the "License"). The App is licensed to you and not sold. Nothing in these Terms gives you a right to use our names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictions on the App or Facebook. Any future release, update, or other addition to functionality of the App shall be subject to the terms of these Terms.

FEEDBACK

If you provide us with any suggestions, comments or other feedback relating to any aspect of Topbox ("Feedback"), we may freely use such Feedback or in any other products or services without remuneration to you.

DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS

THE APP, TOPBOX AND ALL MATERIALS PROVIDED BY TOPBOX OR OUR PARTNERS ARE PROVIDED "AS IS." WE SPECIFICALLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF TOPBOX IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE DEVICE OR SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. WE DO NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE APP OR IN RESPECT TO ANY FACEBOOK OR OTHER SITE, EVEN IF IT CAN BE REACHED FROM A LINK ON ANY RELEVENT SITE OR APP OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE SITE OR APP, AND WE SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY, REGARDLESS OF WHETHER THAT PARTY IS AN TOPBOX USER. WE WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT OR INFORMATION OR ANYTHING ELSE EXCHANGED BY MEANS OR VIRTUE OF TOPBOX.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THIS APP, SITE, OR TOPBOX, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE SITE OR APP, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF TOPBOX, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE SITE OR TOPBOX, OR (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE SITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE SITE. THESE LIMITATIONS SHALL APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY DOLLARS ($50) OR (B) AMOUNTS YOU PAID US IN THE PRIOR 12 MONTHS (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

INDEMNIFICATION

YOU SHALL INDEMNIFY AND HOLD TOPBOX AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), INCURRED IN CONNECTION WITH ANY USER CONTENT OR MATERIALS SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY YOU THROUGH TOPBOX OR THE SITE AND ANY VIOLATION BY YOU OF THESE TERMS.

TERMINATION

We may, under certain circumstances and without prior notice, immediately terminate your ability to access Topbox. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these Terms or the Privacy Policy (b) requests by law enforcement or other government agencies, (c) a request by you, (d) discontinuance or material modification to the Site or App (or any part thereof), and/or (e) unexpected technical, security or legal issues or problems. Termination of your access to the Site or App may also include removal of some or all of the materials uploaded by you to the Site or App. You acknowledge and agree that all terminations may be made by us in our sole discretion and that we shall not be liable to you or any third-party for any termination of your access to this Site or App or for the removal of any of the materials uploaded by you to the Site or App. Any termination of these Terms by us shall be in addition to any and all other rights and remedies that we may have.

AVAILABILITY & UPDATES

Topbox may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or for other reasons. We may periodically add or update the information and materials on the Site or App without notice.

SECURITY

Information sent or received over the Internet is generally unsecure and we cannot and do not make any representation or warranty concerning security of any communication to or from Topbox or any representation or warranty regarding the interception by third parties of personal or other information. All personal data that you provide to us in connection with Topbox is collected, stored, used and disclosed in accordance with our Privacy Policy. In addition, in common with most online services, we use "cookies" and Google Analytics to help us understand how people are using Topbox, so that we can continue to improve the service we offer.

MERCHANTS/BUSINESS PARTNERS

Topbox does not have any control over our Partners, and is not and cannot be responsible for their products, services, content, operation or use, with regard to any Topbox content or any other content. Topbox does not give any representation, warranty or endorsement, express or implied, with respect to the legality, accuracy, quality or authenticity of content, information, products, or services provided by Partners.

Partners may have their own terms of use and/or privacy policies, and may have different practices and requirements to those operated by Topbox. You are solely responsible for reviewing any terms of use, Privacy Policy or other terms.

Topbox disclaims any and all responsibility or liability for any harm resulting from your use of Partner products and services, and you hereby irrevocably waive any claim against Topbox with respect to the content or operation of any Partner product or service.

You acknowledge that is entirely the responsibility of, and at the discretion of Partners, and not Topbox, to: (i) provide and transfer samples, gift cards, and online coupon codes; and (ii) determine and honor the value and validity of any samples, gift cards, and online coupon codes.

You acknowledge that you shall not attempt to reproduce, sell, or otherwise transfer Partner samples, gift cards, or online coupon codes in any manner not authorized by both Partners and Topbox in writing.

BUSINESS OR ASSET TRANSFER OR SALE

Topbox may be sold, might sell or buy businesses or assets of businesses, or Topbox might merge with another business. Normally, in the instance such transactions, user information is one of the transferred business assets. In the event that Topbox, a line of business of Topbox, or substantially all the assets of Topbox are transferred as part of such a transaction, your information may well be one of the transferred assets. Topbox will make reasonable effort to provide notice on Topbox and to notify you via email to the most recent email address that you have provided to Topbox of any such change in ownership or control of your Personal Information.

GENERAL

These Terms, in conjunction with our Privacy Policy, constitute the entire agreement between the parties relating to Topbox. If any part of these Terms is held to be unlawful, void, or unenforceable, that part shall be deemed severed and this shall not affect the validity and enforceability of the remaining provisions. Our failure to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver of any right or provision by us must be in writing and shall only apply to the specific instance identified in such writing. You may not assign the Terms or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise, without our prior written consent.

CONTACT

If you have any questions about these Terms or if you wish to make a comment or complaint regarding Topbox, please contact us at: info@topbox.ca

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