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The following terms and conditions (the "Terms and Conditions") should be read carefully before using this website. These Terms and Conditions apply to all visitors to and users of the Blowfish Shoes website the homepage of which is situated at www.blowfishshoes.com (THIS URL DEFINES "THIS WEBSITE"). By using this website you agree to accept these Terms and Conditions and Blowfish Direct LLC ("Blowfish Direct LLC" or "we") may modify these Terms and Conditions at any time. These Terms and Conditions may be terminated by Blowfish Direct LLC for www.blowfishshoes.com at any time, for any reason, in Blowfish Direct LLC's sole and absolute discretion.
The website design and all the content you see and hear on the Blowfishshoes.com website including as examples; text, graphics, logos, button icons, images, audio clips and software are protected by copyright, trademark and all other intellectual property and other laws or rights and licenses held by Blowfish Direct LLC or affiliates or third parties who have licensed their materials to Blowfish Direct LLC. Any content that can be downloaded from this website may only be used for your own personal, noncommercial use. You may not copy, reproduce, publish, transmit, distribute, post any of the content on any network computer or broadcast content to the media without written consent from Blowfish Direct LLC. If there has been any unauthorized use of content from this website, Blowfish Direct LLC reserves the right to seek all remedies available by law and in equity. Blowfish Direct LLC reserves the right to deny anyone access to the website at any time for any reason
Blowfish Direct LLC and our affiliates retain all rights regarding trademarks, trade names and brand names and all associated logos and images are registered and protected by U.S and international laws and treaties. No use of such trademarks, names, logos, or images is granted to you by your use of the www.blowfishshoes.com website. Any misuse of trademarks that are shown on our site is strictly prohibited.
All features, content, specifications, products and prices of products and services described on this website are subject to change at any time without notice. Blowfish Direct LLC makes all reasonable efforts to accurately display the attributes of its products, including the applicable colors. We have done our best to display colors as accurately as possible shown on our website however the colors will depend on your monitor, we cannot guarantee that your monitor's display will be accurate.
We always try to ensure that information on this website is complete, accurate and current to the best of our knowledge, information and belief. Despite our efforts, the information on our website may at times be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or current ness of any information on this website. For example products included on this website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this website. In addition, we may make changes to information about price and availability without notice. Also, pricing information on other websites that claim to represent accurate pricing on our website may not be current or correct. While it is our practice to confirm orders to customers via email, the receipt of an email order confirmation does not constitute the right without notice to limit the order quantity on any product or service or refuse service to any customer. Prior to the acceptance and/or shipment of any order we may also require verification of information. Blowfish Direct LLC www.blowfishshoes.com shall have the right to refuse or cancel any orders whether or not they are confirmed and your credit card charged, for any reason and in our sole and absolute discretion.
Blowfish Direct LLC only currently allows one coupon code per order. You are not permitted to use multiple coupon codes for one order. Blowfish Direct LLC www.blowfishshoes.com reserves the right to refuse or accept any orders with a coupon code.
Creating or maintaining any link from another website to any page on this website without the permission of Blowfish Direct LLC is prohibited. Running or displaying this website in frames or similar means to ourselves on another website without our prior written permission is prohibited.
From time to time, Blowfish Direct LLC may choose affiliates for www.blowfishshoes.com, meaning that this website may contain links or various third party websites will have links to use from their own sites; such websites are not operated, owned or controlled, in whole or in part, by Blowfish Direct LLC. All such links were chosen by Blowfish Direct LLC for increased customer value reasons. Blowfish Direct LLC does not control and is not responsible or liable for any Third Party Sites or any content, advertising, products or other materials on or available from Third Party Sites, and Blowfish Direct LLC takes no responsibility for their content, nor should it be implied that Blowfish Direct LLC endorses or otherwise recommends such sites or the products or services offered.
You have the option to create a Blowfish Direct LLC account on our website. If you do so you will have a password for your account. You should try and ensure you are doing your best to protect your account and should not choose passwords that are closely associated with you; such as birthdays, addresses or names. You are responsible for keeping your account confidential. You agree to accept responsibility for all activities that occur under your account or passwords. Blowfish Direct LLC may revoke your right to have an Account at any time if you fail to comply with the Site Use Terms and Conditions.
You are prohibited from posting or transmitting any unlawful, threatening, defamatory, obscene, pornographic or profane material or any material that would encourage behavior that is unlawful or considered a criminal offense in any state or jurisdiction. If we determine that you have violated any of these prohibitions we may take action we deem necessary including without limitation the immediate removal of this material from the website and related materials.
You should not attempt to modify or "hack" this website, nor should you attempt to access any area on the website which you are not explicitly authorized to access. You should not attempt to interfere or restrict any other user from the use or enjoyment of this site. You should not impersonate a person or entity or falsely state your affiliation with a person or entity or attempt to collect or harvest personal information about other users of the websites. You should not try to jeopardize the operation of computer systems owned by Blowfish Direct LLC or any of its affiliates.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER BLOWFISH DIRECT LLC, ITS SUPPLIERS, NOR ANY OF THEIR RESPECTIVE AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEBSITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE MAY BE OUT OF DATE, AND NEITHER BLOWFISH DIRECT LLC, ITS SUPPLIERS, NOR ANY OF THEIR RESPECTIVE AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEBSITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
In no event shall Blowfish Direct LLC or any of its affiliates or suppliers assume any responsibility, or will it be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing on this website, or your downloading of any information or materials from this website for your personal use.
IN NO INSTANCE WILL BLOWFISH DIRECT LLC, OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND EXCHANGES POLICY POSTED ON THIS WEBSITE.
You agree to defend, indemnify, and hold Blowfish Direct LLC, blowfishshoes.com, and their subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of blowfishshoes.com or any content thereon in violation of these Terms and Conditions.
We may revise these Terms and Conditions at any time by updating this posting. You are bound by these Terms and Conditions so it is in your best interest to review these updates and postings. Certain provisions of these Site Use Terms and Conditions may be superseded by legal notices or terms located on particular pages of this website. Your continued use of this website after any changes to these Terms and Conditions are posted will be considered acceptance of those changes.
These Site Use Terms and Conditions will be governed by and construed in accordance with the laws of the State of California without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to this website will be brought only in the courts of the State of California. A printed version of these Site Use Terms and Conditions will be admissible in judicial and administrative proceedings based upon or relating to these Site Use Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
(Effective February 13, 2015)
NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. U.S. LAW AND LOCAL LAWS AS APPLICABLE IN EACH JURISDICTION GOVERN THESE OFFICIAL RULES.
1. ELIGIBILITY: Win a Hometown Screening of The DUFF Movie & $500 of Blowfish Shoes Sweepstakes Rules The Sweepstakes (as defined below) is open only to participants (each an "Entrant", collectively "Entrants") who are eighteen (18) years or older, or age of majority in their jurisdiction, whichever is older, as of the effective date above, who are lawful residents of the United States, excluding Alaska, Hawaii and Rhode Island. All Entrants must have a valid Facebook user account. Officers, directors, members, managers and employees (and members of their households or immediate families, i.e., parents, children, spouses, siblings, grandparents, the step-parents, step-children, and step-siblings of each and persons residing in such immediate family members' households) of the sponsor of the Sweepstakes, Blowfish, LLC and Blowfish Direct, LLC (collectively, "Sponsor"), and/or CBS Films Inc. ("CBS"), and their respective parent, related, affiliated and subsidiary companies, all other entities involved in the creation, administration, or fulfillment of the "Win a Hometown Screening of The DUFF Movie & $500 of Blowfish Shoes" (the "Sweepstakes") and their respective successors and assigns are not eligible to enter or win. Participation constitutes full and unconditional agreement to these official rules ("Rules" and this document, the "Agreement"). Sponsor’s and CBS's decisions are final and binding in all matters related to the Sweepstakes. Winning is contingent upon fulfilling all requirements set forth herein.
2. TIMING: The Sweepstakes begins on February 13, 2015, at 7:00 a.m. Pacific Standard Time ("PST") and ends on March 5, 2015, at 11:59pm PST (the "Sweepstakes Period"). For purposes of these Rules all times are PST. Sponsor reserves the right to adjust start and end times for the Sweepstakes Period at any time with or without notice.
3. HOW TO ENTER: During the Sweepstakes Period, Entrants will log on to facebook.com and (a) "like" both the Blowfish Shoes Facebook page, located at https://www.facebook.com/blowfishshoes, and The DUFF’s Facebook page, located at https://www.facebook.com/theduffmovie, and (b) enter Entrant’s name, date of birth and email address where indicated. Only one (1) entry into the Sweepstakes per email address is permitted.
4. HOW TO WIN: One (1) winner of the Sweepstakes will be selected among all valid Entrants at random. The winner will be selected on March 6, 2015.
5. PRIZE: The winner will receive (a) one hometown (at a location to be determined by Sponsor and/or CBS) screening of The Duff Movie for the winner and fifty (50) friends of winner, and (b) five hundred US dollars ($500) worth of Blowfish shoes, net of sales tax (if any). Total value of the prize is one thousand US dollars ($1,000) approximate retail value (ARV).
All potential Sweepstakes winners will be notified by or on behalf of Sponsor or CBS via email. The prize will be awarded upon verification that all Sweepstakes requirements have been met by the potential winner. The prize must be accepted as awarded and no substitution, transfer, conversion or assignment of the prize will be allowed, unless at the sole discretion of the Sponsor and/or CBS which may substitute the prize of comparable or greater value if the prize becomes unavailable. The potential winner will have forty-eight (48) hours from the time Sponsor or CBS (or their respective affiliate) sends notification to accept and complete the official winner notification email requests before receipt of the prize.
If potential winner does not claim the prize by responding to notification within forty-eight (48) hours or if potential winner is deemed ineligible, potential winner forfeits the prize. All potential winners must continue to comply with all terms and conditions of these Rules; and winning is contingent upon fulfilling all requirements. In the event that a potential winner is disqualified for any reason, the prize will be awarded to an alternate winner by randomly selecting from among all remaining eligible entries. Alternate winners are subject to all requirements set forth in these Rules. Odds of winning cannot be determined since number of entries is not capped.
The prize of five hundred US dollars ($500) worth of Sponsor shoes (the "Shoe Prize Value") must be redeemed at one (1) time only, by selecting shoes from the Sponsor website only, www.blowfishshoes.com, and cannot be redeemed over time. Once the potential winner claims the prize as set forth above, that winner will have thirty (30) calendar days to select the desired shoes from the Sponsor website, in an amount not to exceed the Shoe Prize Value, and provide the winner’s selected shoes to the Sponsor contact as Sponsor shall instruct the winner. If the winner fails to select the Sponsor shoes as set forth in this section 5, the winner forfeits the prize.
Claiming a prize is contingent upon fulfilling all requirements set forth herein.
THE WINNER IS SOLELY RESPONSIBLE FOR ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT THE PRIZE.
6. RELEASE; PUBLICITY: By participating in this Sweepstakes, all Entrants (and in particular, the winner) agree to release and to indemnify, defend and hold harmless Sponsor, CBS and each of their respective related companies, and all of its or their respective officers, directors, members, managers, employees and agents (individually and collectively, the "Released Parties") for any liability, injury, death, loss or damages to Entrant or any person or entity, including without limitation damage to personal or real property, caused in whole or in part, directly or indirectly, by participation in this Sweepstakes (or related activities) or the acceptance or use of the prize. Except where prohibited, participation in this Sweepstakes constitutes Entrant's (and in particular, winner's) consent to Sponsor’s, CBS’s and/or their respective employees’ and agents' use of Entrant's name, likeness, voice, opinions and biographical information for publicity, advertising, trade or promotional purposes in any media or manner, now known or hereafter devised, worldwide, without further payment, consideration, notice or approval.
8. PUBLICITY: Except where prohibited, participation in the Sweepstakes constitutes Entrant's (and in particular, winner's) consent to Sponsor and CBS and/or their respective employees and agents' use of Entrant's name, likeness, voice, opinions and biographical information for publicity, advertising, trade or promotional purposes in any media or manner, now known or hereafter devised, worldwide, without any payment, consideration, notice or approval.
9. CONDITIONS OF PARTICIPATION:
(a) No purchase necessary to enter or win. Void where prohibited. Open to residents of the United States only, excluding Alaska, Hawaii and Rhode Island. All federal, state, local, and municipal laws and regulations apply. Any Entrant suspected of tampering with or disrupting any aspect of the Sweepstakes will be disqualified. All decisions of Sponsor and CBS are final. By participating in the Sweepstakes, each Entrant agrees to be bound by these Rules as well as the decisions of Sponsor and/or CBS, which are final and binding in all matters related to the Sweepstakes, just as if you had signed this Agreement.
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Facebook. You understand that you are providing your information to Sponsor, CBS and woobox.com and not to Facebook.
(b) Sponsor and/or CBS reserves their respective rights, in their sole discretion, to modify, cancel, terminate, and/or suspend the Sweepstakes and to disqualify any Entrant or other individual who tampers with the entry process, violates these Rules, or acts in a disruptive or unsportsmanlike manner. Without limiting the foregoing, Sponsor and/or CBS may lock out an Entrant who, in Sponsor and/or CBS's sole judgment, has been disqualified, has questionable eligibility or is otherwise ineligible to enter.
(c) Any use of robotic, macro, automatic, programmed or similar entry methods will void all such entries and Sponsor and/or CBS reserves the right to nullify any and all such entries and to disqualify from the Sweepstakes the responsible Entrant. Any attempt by an Entrant to enter the Sweepstakes more than the number of times authorized herein using multiple names, email addresses, phone numbers and/or any other fraudulent mechanism, as determined by Sponsor and/or CBS in their sole discretion, shall give Sponsor and/or CBS the right to disqualify such Entrant as Sponsor and/or CBS determine in their sole discretion. CAUTION: A PERSON WHO ATTEMPTS DELIBERATELY TO UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES OR TO ALTER OR DAMAGE A WEBSITE MAY BE SUBJECT TO CIVIL AND/OR CRIMINAL PENALTIES AND FINES; AND SPONSOR AND CBS EACH RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
(d) Incidents. Without limiting the foregoing, Sponsor and CBS may each modify, cancel, terminate, and/or suspend the Sweepstakes if, in Sponsor’s and/or CBS's sole opinion, an incident of any kind occurs to corrupt or impair the administration, security, integrity, fairness or play (as intended) of the Sweepstakes, including without limitation: (a) viruses, bugs, unauthorized human intervention, fraud or technical failure; or (b) earthquake, flood, fire, storm or other natural disaster, act of God; or (c) labor controversy or threat thereof, civil disturbance or commotion, disruption of the public markets, war or armed conflict (whether or not officially declared).
(e) Cancellation. In the event of a cancellation or termination, the prize may be awarded in any manner deemed fair and appropriate by Sponsor and/or CBS.
10. DISPUTES/CHOICE OF LAW: Except where prohibited, each Entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in the State of California, Los Angeles County, City of Los Angeles; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys' fees; and (3) no punitive, incidental, special, consequential or other damages, including without limitation lost profits may be awarded (collectively, "Special Damages"), and (4) Entrant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased. California law, without reference to California's choice of law rules, governs the Sweepstakes and all aspects related thereto, the participants expressly waiving any other forum that they may be entitled to in light of their current or future domiciles.
11. OFFICIAL RULES; WINNERS LISTS: For a copy of the Rules and/or list of winners, mail a self-addressed stamped envelope to the address below or request a copy via email at Customerservice1@blowfishshoe.com. Requests must be received within thirty (30) days following the end of the Win a Hometown Screening of The DUFF Movie & $500 of Blowfish Shoes Sweepstakes.
Win a Hometown Screening of The DUFF Movie & $500 of Blowfish Shoes Sweepstakes Blowfish LLC 1042 Princeton Drive, Suite A Marina Del Rey, CA 90292