- 1. Our website uses geolocation to attempt to present a version of our website that is suitable to each Customer's location. We ask that you refrain from using any other version of our website, except to the extent that you may determine that our website has been unable to present you automatically with a version of our website that is suitable to your location. Canadian Customers should use the Canadian version of our website (our “Canadian Site”), American Customers should use the American version of our website (our “American Site”), and other Customers should use the version of our website offered for Customers located outside of Canada and the United States (our “Foreign Site”). As such, we make no representation as to the fact that our website or its contents may be used, or are appropriate for use outside the country of each individual Customer or any other jurisdiction. Our website is intended for use by Customers who have attained age of majority. If you are below the age that 13, you may not use our website, nor any of our services, as we do not wish to collect any personal information of children below the age of 13. If you are 13 or above but have not yet attained the age of majority, you may not use our website without a parent's or your guardian's supervision.
- 2. In the context of using our website, you may be invited to subscribe and/or create a user account. You are not required to create an account to purchase any merchandise through our website. If you do create an account, however, you will be responsible to maintain the confidentiality of your account credentials and agree to be responsible for the use of that account.
- 4. The availability of certain merchandise shown on our website may be limited and not all merchandise may be available for immediate delivery. Should an item of merchandise that you ordered not be available, we will contact you and determine with you whether you wish to maintain your order, or, alternatively, reimburse you if not.
- 5. All prices shown on the Canadian version of our website are in Canadian dollars (CAD), whereas prices shown on the American and Foreign versions of our website are in American dollars (USD). Prices shown on our website do not include applicable shipping and handling charges, as the case may be, nor applicable sales taxes, though such charges and taxes will be itemized on each order confirmation at checkout.
- 6. We will ship any merchandise ordered by Customers in accordance with particulars provided and selected by the Customer upon effecting each transaction, through a third party delivery services provider. You will become owner of any merchandise ordered through our website upon its delivery to you. The merchandise offered on our Canadian Site is available only in Canada, as our Canadian Site is intended for Canadian Customers only. The merchandise offered on our American Site is available only in the United States, as such our American Site is intended for American Customers only. We will not ship merchandise abroad through our Canadian Site nor our American Site. If you reside in another jurisdiction, you may not use our Canadian Site or our American Site, and should rather use our Foreign Site. Any purchase of merchandise through our website will be subject to our Return Policy, as posted from time to time on our website.
- 7. We do not warrant that any merchandise shown or listed on our website is available, nor that any description, price or content shown on our website is completely accurate and reliable, nor that it is necessarily error free. As such, we reserve the right to correct any errors or mistakes that we may find out on our website at any time, with or without prior notice to users, including to correct prices. The parties hereby disclaim the application of the United Nations Convention on Contracts for the International Sale of Goods regarding the purchase of any merchandise through our website.
- 8. We reserve the right to monitor and control the use of our website and/or of the related services (including for security purposes), though we make no warranty that we will do so. If you elect to provide us with any content or communicate with us by email, you warrant that you own the rights to such content, which you allow us to reproduce, publish or make available online for others. You also acknowledge that unencrypted file transfer or emails sent over the Internet are subject to interception by third parties.
- 9. If you elect to communicate with us electronically, by providing or sending us information or content, you warrant and represent that such information or content will not be harmful to any third party, to our computer system, nor to any other user of our website. Under such circumstances, you also warrant that any information or statement that you make in the context of such communication is not libelous nor defamatory, or otherwise susceptible to giving rise to any civil liability or criminal prosecution.
- 12. EXCEPT AS OTHERWISE PROVIDED AND THESE TERMS AND CONDITIONS, ALL CONTENT AND SERVICES DISPLAYED OR OFFERED ON OUR WEB SITE ARE MADE AVAILABLE TO CUSTOMERS “AS IS” AND WITHOUT ANY SORT OF WARRANTY, WHETHER IMPLIED, STATUTORY, LEGAL OR CONVENTIONAL, ALL OF WHICH ARE HEREBY DISCLAIMED. WE MAKE NO REPRESENTATION OR WARRANTIES REGARDING THE CONTENTS OR FUNCTIONING OF OUR WEB SITE OR ANY CONTENT FOUND ON IT, THAT THEY ARE SUITABLE FOR YOUR NEEDS, THAT THEY ARE ERROR-FREE, NOR, FINALLY, THAT THEY ARE EXEMPT FROM ANY VIRAL OR HARMFUL COMPONENT OR THAT SUCH PROBLEMS WILL BE CORRECTED IF DISCOVERED FROM TIME TO TIME. WE ALSO DO NOT REPRESENT NOR WARRANT THAT WE WILL CORRECT ANY ERRORS OR MISTAKES ON OR IN OUR WEB SITE OR ITS CONTENT. THE EXCLUSIONS OF WARRANTIES EXPLAINED ABOVE MAY NOT APPLY TO YOU, DEPENDING ON YOUR PROVINCE OF RESIDENCE, DEPENDING ON ITS LEGAL REGIME.
- 13. You acknowledge in fact, in case a problem with our website or the related services, your only right and recourse will be to stop using our website and/or the related services at issue. You hereby waive any and all remedies, warranties, and liabilities related to our website or the related services. As such, we may not be held liable for any sort of damages whether they are direct or indirect, incidental, special or consequential, for any reason whatsoever relating to your use or your inability to use our website, its content or the related services. The foregoing limitation will apply to any basis of claim, whether it be based on any form of contractual or extra-contractual liability, or any other sort of liability. The limitation of liability explained above may not apply to you, depending on your province of residence, depending on its legal regime.
- 16. If we provide links as part of the content placed on our website, such links are provided to you for your convenience only, and you acknowledge that we are not responsible for the sites and content to which such links refer. As such, we may not be held liable for any site or content to which our website may have linked.
Valentine’s Day Contest Rules, Terms and Conditions
Contest period and description
1. The Blush ROULETTE Contest (the “Contest”) is held by BLUSH LINGERIE INC. (“Blush”) and will run and may be entered into, in accordance with these rules, terms and conditions (the “Rules”), from 9 a.m. Eastern time on Friday, January 16, 2015, to 11:59 p.m. Eastern time on Monday, February 9, 2015 (the “Contest closing date”).
2. Subject to the following Rules, members of the general public may enter the Contest online, by visiting www.blushlingerie.com or by visiting the Blush social media pages on Facebook, Twitter or Instagram.
3. This Contest is open to all Canadian and United States residents who have reached the age of majority in their province, state or territory of residence at the time of their entry into the Contest. However, notwithstanding the foregoing, this Contest is not open to any employees, managers, directors or officers of Blush or its affiliates, nor to any individuals with whom they reside.
How to enter
4. Purchase is necessary to enter the website contest. No purchase necessary to enter the social media contest. To enter the Contest, prior to the end of the day on the Contest closing date, entrants must:
a. Website: Make a minimum $100 purchase on blushlingerie.com;
b. Social media : Post a number between 1 and 38 with the hashtag #BlushRoulette on Facebook, Twitter or Instagram.
5. a. Two (2) prizes will be drawn daily, at random, between all eligible entrants throughout Canada and the United States – one for the website contest, one for the social media contest. The website contest prize consists of one (1) daily gift certificate worth 25% of the contestant’s on-site purchase (the “Prize”). The social media contest prize consists of one (1) daily gift certificate worth $15 (the “Prize”). Prizes will be redeemable solely on the BLUSH® website at www.blushlingerie.com, against the online purchase price of BLUSH® products (each an “Eligible Purchase”). Odds of winning will depend on the number of valid Contest entries which are received from eligible participants up to the end of the day on the Contest closing date.
b. Upon confirmation of the eligibility of the winner, Prizes will be shipped to winners at the email or mail address provided by each entrant.
c. The Prize will be awarded to the winner in his or her own name and may not be substituted for cash equivalent.
d. The Prize must be accepted as is, and may not be exchanged (other than against Eligible Purchases in accordance with these Rules) nor transferred to any other person.
e. Blush will not be responsible if the Prize is lost during shipping or transit, nor for any expenses other than shipping the Prize to the winner’s address.
f. Blush cannot assume responsibility for claims, losses, damages, costs or expenses resulting from an accident, injury or death and relating to the Prize, nor regarding any consequence of the failure by any entrant, whether actual or prospective, to submit an entry because of any technical glitch, bug or problem with the Internet, the Blush Website, the Facebook site, or the entrant’s Internet connection or device. Without limiting the generality of the foregoing, Blush will not be responsible for the consequences of any loss, misdirection or destruction of any Contest entry due to any defective hardware, faulty electronic data transmission or telecommunication problems whatsoever.
g. Once awarded, Prizes may be used to make Eligible Purchases which may thereafter be exchanged or returned in accordance with Blush’s return policy (www.blushlingerie.com/returns).
Draw and Awarding of the Prize
6. Two daily winners (one for the website, one for social media) Contests will be determined by a random draw every day, at Blush’s head offices, in Montréal, Québec, Canada, from daily eligible entries received by Blush’s computer system up to 11:59 p.m. Eastern time on the Contest closing date.
7. Within seven (7) days of the draw, the entrant picked at random will be contacted by telephone and required to answer a timed mathematical skill-testing question. If he or she answers correctly, the winning entrant will then be informed by email (using the email address provided by him or her upon entering the Contest), within seven (7) days of the draw about how to claim the Prize. If the selected entrant does not reply, within seven (7) days of being contacted, to the email from Blush informing him or her that he or she won, the Prize will be awarded to another random entrant, and so on until a winner has been declared. Blush will also have the right to require proof of identity and eligibility of the entrant picked at random, at any time prior to claiming of the prize by the winner.
8. Before an entrant can be declared the winner of the Prize, he or she must confirm that he or she meets the eligibility conditions and all other requirements under these Rules. Failure to comply with one of the conditions mentioned in the above paragraph or any other term or condition of these Rules will result in disqualification, and a new draw will be held, in accordance with these Rules, until an entrant is drawn and declared the winner of the Prize.
9. After verifying eligibility, Blush will send a follow-up email to the winner telling them how to claim the Prize. If a winner refuses or fails to claim the Prize within ninety (90) days of being provided with the instructions as to how to claim the Prize, Blush is released of any obligation to award the Prize and may, at its discretion, hold a new draw as described in the previous paragraph.
10. This Contest is subject to all applicable laws.
11. Blush is not responsible for lost, misdirected, late or fraudulent entries, or for the failure of our website for any reason whatsoever, including any damage to an entrant’s device, in relation to entrants’ entry into the Contest.
12. The winner consents to Blush using his or her name and his or her voice, image and likeness, as well as the reproduction, communication and performance in public of his or her eventual statements about the Contest and the Quote, for promotional purposes, without pay or further compensation, and the winner agrees to confirm same in writing upon request. The winner may also be required to sign a prize acceptance form to claim or receive the Prize. Blush shall not otherwise use or communicate the personal information of the winner otherwise than to manage the Contest.
13. Blush reserves the right, at its sole discretion, to terminate this Contest if events beyond its control prevent it from completing it. In such an event, Blush may not be held responsible in any way.
14. All Contest entrants agree to abide by these Rules and the decisions of Blush (which is responsible for applying them), which decisions will be final.
15. Information collected from entrants will be used only to manage the Contest. No advertising or other material unrelated to the Contest will be sent to entrants, save for those who elect to receive Blush advertising materials upon entering the Contest.
16. These Rules are available at www.blushlingerie.com/terms-of-use. A French version of these Rules is also available.
17. Blush reserves the right to terminate or suspend the Contest, or to change the Contest Rules at any time,
without prior notice, if for any reason the online portion of the Contest cannot be completed as planned (for example, following a tampering attempt, a computer virus infection or any other cause beyond the control of Blush).
18. Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of a prize may be submitted to the board only for the purpose of helping the parties reach a settlement
19. Contest entrants agree that Blush may contact them by email, by electronic means of communication, including by email, for purposes of administering the Contest and/or awarding or delivering the Prize.
Last updated: JAN-21-2015