- Terms and Conditions
Terms and Conditions
Terms & Conditions
You may download material displayed on the Site for noncommercial, personal use only as long as you also retain all copyright, trademark and other proprietary notices contained on the materials. You may not, however, distribute, modify, publish, transmit, reuse, repost, or use the content of the Site for public or commercial purposes without the written permission of Lindt.
While Lindt endeavors to include accurate and up to date information on the Site, Lindt makes no warranties or representations as to its accuracy. Lindt assumes no liability or responsibility for any errors or omissions in the content of the Site.
Your use of and browsing in the Site are at your risk. Neither Lindt, any of its affiliates, nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site. Without limiting the foregoing, everything on the Site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Lindt also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.
Images displayed on the Site are either the property of, or used with permission by, Lindt. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Trademarks, logos, and service marks ("Trademarks") displayed on the Site are registered and unregistered Trademarks of Lindt and others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Lindt or such third party that may own the Trademarks displayed on the Site. Your use of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that Lindt will aggressively enforce its intellectual property rights to the fullest extent of the law.
You may not engage in any activities on, in or through the Site which are unlawful, harmful or which violate the rights of third parties. Unless explicitly permitted by these Terms and Conditions, you may not monitor, copy or duplicate any content on the Site through automated or manual means or otherwise interfere with the Site or access to the Site by others. Lindt reserves the right to terminate your access to the Site at any time for any reason without notice.
Lindt has not reviewed any or all sites linked to the Site and is not responsible for the content or the privacy policies of any off-site pages or any other sites linked to the Site. Lindt does not endorse or make any representations or warranties with respect to third party web sites or information. Your linking to the Site, off-site pages or other sites is at your own risk and without the permission or approval of Lindt.
If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be void, unlawful or unenforceable for any reason, such provision shall be deemed deleted and shall not otherwise affect the validity and enforceability of any remaining provisions.
The Lindt Lovers’ Rewards Club (sometimes below, the “Club”) is open to individuals within the fifty (50) United States and District of Columbia who are at least 18 years of age or older. Void where prohibited by law. All applicable federal, state and local laws and regulations apply. Lindt reserves the right to change eligibility requirements and/or add reward benefits, at its sole discretion, at any time during the operation of the Club.
REWARDS/HOW TO REDEEM
Upon enrollment either online or in a Lindt Chocolate Shop, each customer receives (25) points. For every $100 spent either online or in store (excluding tax, shipping and handling, and exclusive of discounts), customers earn $5 rewards to apply to a future purchase. Points earned may take up to several days to show on balance. Customers can also receive double points during select times, and are determined at Lindt’s sole discretion. To redeem rewards: A customer may redeem rewards in a participating Lindt Chocolate Shop or online during checkout. A participant will be required to present their Lindt Lovers’ Reward Card, or provide a Store Associate with a piece of personal information he/she completed during the enrollment process in order to verify membership. The store associate will then retrieve the participant’s point balance. To redeem or check balance online, the participant must enter their Lindt Lovers’ Reward Card number. Participants cannot transfer, substitute or redeem Rewards for cash, and Rewards have no cash value. Lindt reserves the right to verify eligibility qualifications of participants prior to redemption.
HOW TO ENROLL
Eligible individuals can enroll in the Club online at www.lindtusa.com or in participating Lindt Chocolate Shops located in the United States. A valid email address is required to initiate enrollment in the Club. Eligible individuals will be required to provide a valid email address, first and last name, a physical address, and phone number to fully complete enrollment and to take advantage of all the Rewards (as defined below). If enrollment is initiated and completed entirely online without first obtaining a Rewards card from a participating Lindt Chocolate Shop, a Rewards card will be mailed within 10 business days. Multiple registrations received from any person or email address will be void.
By agreeing to participate in the Club, you agree to the terms and conditions set forth available at www.lindtusa.com, and to the decisions of Lindt concerning the Club which are final and binding in all respects. A participant is responsible for updating his/her registration information. Lindt reserves the right to modify, suspend or cancel the Lindt Lovers’ Rewards Club at any time and shall have no liability as a result of such modification, suspension or discontinuance. Any changes Lindt makes will be effective immediately on notice, which it may give either by posting the Terms on the website or via email. A participant’s participation in the Lindt Lovers’ Rewards Club after such notice will be deemed acceptance of such changes. A participant should review the Terms periodically to ensure his/her familiarity with the most current version. Rewards earned in the Lindt Lovers’ Rewards Club may not be used in combination with any other reward Club, offers or other promotions offered by Lindt or third parties. By participation in the Lindt Lovers’ Rewards Club, participants agree to release, discharge, indemnify and hold harmless Lindt, its subsidiaries, affiliates, and retailers from any liability or damages which may arise out of participation in the Lindt Lovers’ Rewards Club.
Lindt & The Visit: Broadway Sweepstakes
OFFICIAL RULES FOR ENTRY IN SELECTED STORES
NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
Eligibility: This sweepstakes promotion (“Promotion”) is hosted for the visitors of the participating Lindt Chocolate retail locations in which these Official Rules are posted. Participating Lindt Chocolate retail locations are New York City, N.Y. (692 5th Ave.); New York City, N.Y (665 5th Ave.).; Riverhead, N.Y. (Tanger Outlets), Central Valley, N.Y. (Woodbury Common Premium Outlets); Paramus, N.J. (The Outlets at Bergen Town Center) and Clinton, CT (Clinton Crossing Premium Outlets). Participation is open to those persons who visit a participating retail location during the Entry Period and fill out and submit a registration card, while supplies last. Entrants who are unable to visit a participating retailer may also participate by mailing in an entry. All entrants must be legal residents of the 50 United States or District of Columbia and be 18 years of age or older at the time of entry. The Promotion is void where prohibited. All federal, state, and local laws and regulations apply. Lindt & Sprüngli (USA) Inc. (the “Sponsor”), and their respective subsidiaries, affiliated companies, dealers, wholesalers, advertising and promotion agencies, webmasters/suppliers, and their respective employees, officers, and directors, and their respective immediate family members (spouse, parents, siblings, children) or household members (whether or not related) are ineligible. By participating, you agree to these terms and conditions governing the Promotion (these “Official Rules”).
Entry Period: The Sponsor will receive entries during normal store hours between May 19 and June 14, 2015 (the “Entry Period”). No entries will be accepted after the close of the Entry Period, except that mail in entries will be accepted if they are post marked by June 14, 2015, and received by June 16, 2015.
Method of Entry:
There are 2 ways to enter:
(a) Enter in Selected Lindt Retail Stores: During the Entry Period, during regular business hours, visit a participating Lindt retail location (listed above) and complete and submit an entry registration card, while supplies last. The entry registration card may ask for the entrant to provide personal information such as his or her full name, address, city, state, zip code, daytime phone number, and e-mail address, and to agree to the terms and conditions of these Official Rules. Incomplete entry cards may be rejected, in the Sponsor’s discretion. The entries eligible for the drawing will be those entries received by the manager of the participating retail location during the Entry Period.
(b) Mail in Entry: To enter the Promotion without visiting a participating retailer, hand print your name, mailing address (P.O. boxes not accepted), day and evening phone numbers, email address, and date of birth on a 3" x 5" piece of paper and mail it in an envelope with proper postage to “Lindt & The Visit: Broadway Sweepstakes,” c/o Attn: Emily Bailey, Lindt & Sprüngli (USA) Inc., [One Fine Chocolate Place, Stratham, NH 03885].”Limit: One (1) entry per envelope. All mail-in entries must be handwritten and must be post by June 14, 2015, and received by June 16, 2015. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor.
Limit one (1) entry per person during the Entry Period regardless of method of entry. Multiple entries by the same person or entries that have been tampered with are fraudulent, or otherwise submitted in violation of these Official Rules will result in disqualification of all such entries. All entries must be submitted in the legal name of an individual person and the prize can only be awarded to the person whose name is on the winning entry. No group entries permitted. Photocopied or altered entry registrations will not be accepted. All entries become the property of the Sponsor and will not be acknowledged or returned.
Prize Details/Odds/Drawing: There will be one (1) prize awarded to o ne random winner (the “Prize Winner”) in a drawing held on or about the week of June 15, 2015 by random selection by a Lindt Marketing Associate from among all eligible Promotion entries received during the Entry Period, including mail-in entries submitted in conformance with these Official Rules. The prize awarded to the Prize Winner will be Lindt chocolate awarded as a gift card with retail value of $200; (2) 4 Tickets to Broadway Musical “The Visit,” presented at Lyceum Theatre, 49 West 45th St. New York City, N.Y. (ARV $594) ; Signed “The Visit” Merchandise including Signed Poster and Cast Recording CD (ARV $40) and Backstage Tour at Lyceum Theatre, 49 West 45th St. New York City, N.Y. Total ARV $834. The Sponsor reserves the right to substitute the prize, or any part thereof, with another of similar value. The prize is non-transferable and no substitutions or cash redemptions will be made. If the potential Prize Winner cannot accept the prize as stated, cannot be contacted, or otherwise does not comply with all of the terms and conditions of these Official Rules, the prize will be forfeited and awarded to an alternate Prize Winner if circumstances permit. Odds of winning a prize in the Promotion depend on the total number of eligible entries received and are not increased by purchasing Sponsor’ products.
Winner Verification: The potential Prize Winner will be contacted via e-mail or telephone within fifteen (15) days of the drawing and instructed as to how to claim his or her prize. The drawing and awarding of each prize will be conducted by the Sponsor, whose decisions are final and binding in all matters relating to the Promotion. A potential Prize Winner may be disqualified, the prize forfeited, and an alternate potential Prize Winner selected, if the potential Prize Winner fails to respond to email notification within seven (7) days after its transmission; an email notification is returned as undeliverable after three (3) attempts; the potential Prize Winner fails to provide the Sponsor with satisfactory proof of age, identity and residency, or fails to provide information sufficient for each Sponsor to issue an IRS Form 1099 (Prize Winner may receive a Form 1099 from each Sponsor relative to such Sponsor’s portion of the prize), if applicable; the potential Prize Winner fails to execute and return an Affidavit of Eligibility, Liability Release and Publicity Release within seven (7) days after its transmission; or for any other non-compliance with these Official Rules as determined by the Sponsor in their sole discretion. If the Prize Winner is a minor in his/her jurisdiction of residence, the prize may be awarded in the name of, or to, such Prize Winner’s parent/legal guardian, who must execute all documents and agree to all obligations and undertakings of the Prize Winner, both on behalf of himself/herself and such Prize Winner, or the prize may be forfeited and awarded to an alternate Prize Winner. If due to any technical, production or other error, more prizes are claimed or awarded than are described in these Official Rules, the single prize identified in these Official Rules will be awarded in a random drawing from among all such prize claims received. No more than the single prize described in these Official Rules will be awarded. Limit one prize per entrant.
Disputes: By entering, entrant agrees that any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded, shall be resolved individually and without resort to any form of class action, and will exclusively by the appropriate state and federal courts in the State of South Carolina; entrant submits to the sole and exclusive personal jurisdiction to said courts in the State of South Carolina for any such dispute and irrevocably waives any and all rights to object to such jurisdiction. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees. 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 Promotion, shall be governed by, and construed in accordance with, the laws of the State of South Carolina without giving effect to any choice of law or conflict of law rules that would cause the laws of any other jurisdiction to apply.
Limitations of Liability: In the event of a dispute regarding the identity of an entrant, such entry will be deemed to be made by the authorized account holder of the e-mail address submitted on the entry card at the time of entry. “Authorized account holder” is deemed to be the natural person who is assigned to an e-mail address by an Internet access provider, service provider or other online organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. The Sponsor may use other means they deem appropriate for determining the identity of an entrant, including when the entrant does not provide an e-mail address. Neither the Sponsor nor their agencies are responsible for lost, late, stolen, illegible, misdirected, or non-delivered entries or for other errors of any kind whether human, mechanical, or electronic, including, without limitation, errors that may occur in connection with the administration of the Promotion, the collection of or processing of entries, the announcement of the Prize Winner or in any Promotion-related materials. Neither the Sponsor nor their agencies are responsible for any incorrect or inaccurate information, whether caused by entrants, or by any equipment or programming associated with or utilized in the Promotion and assume no responsibility for any error, omission, interruption, deletion, defect or delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or tampering with the Promotion. The Sponsor reserve the right, at their sole discretion, to disqualify any individual they find may be tampering with the entry process or operation of the Promotion, or may be acting in a non-sportsmanlike or disruptive manner, or with intent to threaten, abuse or harass any other person. If, for any reason, the Promotion is not capable of running as planned, the Sponsor reserve the right, at their sole discretion, to cancel, terminate, modify or suspend the Promotion, and determine the Prize Winner from entries received prior to action taken, or as otherwise deemed fair and equitable by the Sponsor. Any attempt to deliberately undermine the legitimate operation of the Promotion is unlawful and subject to legal action by the Sponsor or their agents.
IN NO EVENT WILL SPONSOR, THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES OR RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES, OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES OR AGENTS BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF ENTRANTS’ PARTICIPATION IN THE PROMOTION OR USE OF ANY PRIZES AWARDED TO THE PRIZE WINNER. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE AND THE PRIZE OFFERED HEREIN IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXCEPT FOR APPLICABLE MANUFACTURERS’ WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT . SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
Separate Promotion : This Promotion is for a single prize and is offered in the participating retail locations where these Official Rules are posted. The Sponsor from time to time may offer prizes, including prizes similar in nature to the prize awarded in this Promotion, through similar promotions run on their respective websites or inside various retail locations, however, those online and/or in-store promotions are unique, limited to the visitors of the particular host website or the patrons of those particular retail locations, and governed by official rules particular to those individual promotions. Because promotions run online at any Sponsor’s website or at other local retail locations are separate from this Promotion, your entry in this in-store Promotion does not enter you in any promotion hosted online at any Sponsor’s website or held at any other local retail location (and vice versa).
Winner’s Name: For the name of the Prize Winner by mail, available after July 1, 2015, send a self-addressed, business size envelope with proper postage affixed by July 31, 2015 to: [Lindt & The Visit: Broadway Sweepstakes Winners List, One Fine Chocolate Place, Stratham, NH 03885].
Sponsor: Lindt & Sprüngli (USA) Inc., [One Fine Chocolate Place, Stratham, NH 03885].