Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Miracle Stretch, LLC.. The collective work includes works that are licensed to Miracle Stretch, LLC.. Copyright 2010, Miracle Stretch, LLC. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Miracle Stretch, LLC. or purchasing Miracle Stretch, LLC. products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Miracle Stretch, LLC. or to purchase Miracle Stretch, LLC. products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Miracle Stretch, LLC.. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of Miracle Stretch, LLC. used in the site are trademarks or registered trademarks of Miracle Stretch, LLC.
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Miracle Stretch, LLC. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Miracle Stretch, LLC. does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Miracle Stretch, LLC. does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Miracle Stretch, LLC. shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Miracle Stretch, LLC. has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a Miracle Stretch, LLC. product is mistakenly listed at an incorrect price, Miracle Stretch, LLC. reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Miracle Stretch, LLC. reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Miracle Stretch, LLC. shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Miracle Stretch, LLC. without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Miracle Stretch, LLC. may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Miracle Stretch, LLC..
Your use of this site shall be governed in all respects by the laws of the state of Wisconsin, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Miracle Stretch, LLC. products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Miracle Stretch, LLC. products) must be commenced within one (1) year after the claim or cause of action arises. Miracle Stretch, LLC.'s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Miracle Stretch, LLC. may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Miracle Stretch, LLC. or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Miracle Stretch, LLC. does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Miracle Stretch, LLC. is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Miracle Stretch, LLC. reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Miracle Stretch, LLC. in its sole discretion.
You agree to indemnify, defend, and hold harmless Miracle Stretch, LLC., its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, Miracle Stretch, LLC. may link to sites operated by third parties. However, even if the third party is affiliated with Miracle Stretch, LLC., Miracle Stretch, LLC. has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Miracle Stretch, LLC. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Miracle Stretch, LLC. seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
What's the Quote Facebook Contest Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.
What's the Quote (the Contest) is open to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old at the time of entry. Employees of Miracle Stretch, LLC and companies associated with the promotion of the Contest, their respective parent companies, subsidiaries, affiliates, advertising and promotional agencies as well as immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. The Contest is subject to federal, state, and local laws and regulations.
The Contest begins on June 19, 2015 at 2:30 PM PST and ends on June 21, 2013 at 8:00 PM PST (the Contest Period). Entries that are submitted before or after the Contest Period will be disqualified. Submissions will only be accepted online for the duration of the Contest.
HOW TO ENTER
To participate, visit www.facebook.com/miraclestretch and add your favorite comment on the Miracle Stretch Facebook post "Duck and Chickens" dated June 19, 2015. Entrant may add up to five (5) quotes. Winner will be notified via the Miracle Stretch Facebook Page. Upon notification, winner must provide his/her full contact information (name, address, email) within 48 hours to email@example.com so that Miracle Stretch, LLC may mail the prize. Announcement and instructions for prize will be sent to the e-mail address supplied. Each entrant is responsible for monitoring his/her e-mail account for prize notification and receipt or other communications related to this contest. If a potential prize winner cannot be reached by Administrator (or Sponsor) within two (2) days, or if the prize is returned as undeliverable, the potential prize winner shall forfeit the prize. Miracle Stretch, LLC its representatives and agencies are not responsible for lost, late, or misdirected entries or computer and application malfunctions. All entries are property of Miracle Stretch, LLC.
Fans may vote for the winning quote by Liking the quote. All eligible entries received during the Submission Period will be reviewed for the quote with the most Likes as of the end of the contest period; the person whose quote has the most Likes will be deemed the winner. In the event of a tie, the individual whose quote has the greatest number of Likes with the oldest time stamp of comment (quote) entry will be deemed the winner. The winner will be announced on June 22, 2015 via Miracle Stretch Facebook page. Upon the request of the Sponsor, the potential winner may be required to return an Affidavit of Eligibility, Release and Prize Acceptance Form and IRS W-9 form. If a potential winner fails to comply with these official rules, that potential winner will be disqualified.
One Piri-Stretcher® Plus prize value $69.95.
ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE IS SOLELY THE RESPONSIBILITY OF THE WINNER.
Prize is non-transferable. No substitution or cash equivalent of prizes is permitted. Sponsor and its respective parent, affiliate and subsidiary companies, agents, and representatives are not responsible for any typographical or other errors in the offer or administration of the Contest, including, but not limited to, errors in printing or posting of these Official Rules, the selection and announcement of any winner, or the distribution of any prize. Any attempt to damage the content or operation of this Contest is unlawful and subject to possible legal action by Sponsor. Sponsor reserves the right to terminate, suspend or amend the Contest, without notice, and for any reason, including, without limitation, if Sponsor determines that the Contest cannot be conducted as planned or should a virus, bug, tampering or unauthorized intervention, technical failure or other cause beyond Sponsor control corrupt the administration, security, fairness, integrity or proper play of the Contest. In the event any tampering or unauthorized intervention may have occurred, Sponsor reserves the right to void suspect entries at issue. Sponsor reserves the right to reject, delete or remove inappropriate entries from its Facebook page at its sole discretion. If a participant submits a post Sponsor deems inappropriate, participant will automatically be disqualified from the Contest and will not be permitted to re-enter. Sponsor and its respective parent, affiliate and subsidiary companies, agents, and representatives, and any telephone network or service providers, are not responsible for incorrect, incomplete, or inaccurate transcription of entry information, or for any human error, technical malfunction, lost or delayed data transmission, omission, interruption, misdirection, deletion, line failure or malfunction of any telephone network, computer equipment or software, the inability to access any website or online service or any other error, human or otherwise.
INDEMNIFICATION AND LIMITATION OF LIABILITY
BY ENTERING THE CONTEST, EACH ENTRANT AGREES TO INDEMNIFY, RELEASE AND HOLD HARMLESS SPONSOR AND ITS PARENT, AFFILIATE AND SUBSIDIARY COMPANIES, THE FACEBOOK PLATFORM, ADMINISTRATOR, ADVERTISING AND PROMOTIONAL AGENCIES, AND ALL THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS FROM ANY LIABILITY, DAMAGES, LOSSES OR INJURY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THAT ENTRANTS PARTICIPATION IN THE CONTEST AND THE ACCEPTANCE, USE OR MISUSE OF ANY PRIZE THAT MAY BE WON. SPONSOR AND ITS PARENT, AFFILIATE AND SUBSIDIARY COMPANIES DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE CONDITION, FITNESS OR MERCHANTABILITY OF THE PRIZE. SPONSOR AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, ADVERTISING AND PROMOTIONAL AGENCIES, AND ALL THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS DISCLAIM ANY LIABILITY FOR DAMAGE TO ANY COMPUTER SYSTEM RESULTING FROM ACCESS TO OR THE DOWNLOAD OF INFORMATION OR MATERIALS CONNECTED WITH THE CONTEST.
Except where prohibited, each entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Wisconsin. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrants rights and obligations, or the rights and obligations of the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of Wisconsin, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than Wisconsin.
By submitting an Entry, each Entrant: (a) grants to the Sponsor the right to use his/her name, mailing address, telephone number, and e-mail address (Personal Information) for the purpose of administering the Contest, including but not limited to contacting and announcing the winner; (b) grant to the Sponsor the right to use his/her name, likeness, entry and photograph(s) for publicity and promotional purposes relating to this Contest or similar promotions, in any and all media now known or hereafter devised, without further compensation unless prohibited by law; and (c) acknowledge that the Sponsor may disclose their Personal Information to third party agents and service providers of the Sponsor in connection with any of the activities listed in (a) and (b) above. By entering this Contest, Entrants agree to receive future e-mails from the Sponsor until such time as an Entrant should unsubscribe to said e-mails.
This Contest is sponsored by:
Miracle Stretch, LLC
342 N. Water Street Suite 600
Milwaukee, WI 53202
Any questions regarding this Contest should be directed to firstname.lastname@example.org
This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. Any questions, comments or complaints regarding the promotion will be directed to Sponsor, not Facebook.