Collection of Information By sharing personal information on this website (contest entry, subscribing to the magazine, e-newsletter or any other offerings), you agree that you may be contacted with surveys, products or services offered by Shop Rochester or Shop Rochester’s advertisers. If, at any time, you prefer not to receive such notices, you may opt-out by sending an e-mail to: email@example.com. Shop Rochester may provide users with the opportunity to request additional information from our advertisers. If you specifically request information from one of our advertisers or choose any advertiser in a contest, your contact information will be given to that advertiser.
From time to time, we allow carefully selected third parties to send you information via postal mail about their products or services. If you prefer not to have your personal information disclosed to third parties for direct marketing purposes, please send an e-mail stating this preference and including your full name and postal address to: firstname.lastname@example.org
Cookie/Tracking Technology The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customize the Site for visitors. Personal information cannot be collected via cookies and other tracking technology; however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.
Distribution of Information We may share information with governmental agencies or other companies assisting us in fraud prevention or investigation. We may do so when: (1) permitted or required by law; or, (2) trying to protect against or prevent actual or potential fraud or unauthorized transactions; or, (3) investigating fraud which has already taken place. The information is not provided to these companies for marketing purposes.
Commitment to Data Security Your personally identifiable information is kept secure. Only authorized employees, agents and contractors (who have agreed to keep information secure and confidential) have access to this information. All e-mails and newsletters from this site allow you to opt out of further mailings.
Shop Rochester, 9505 161st Street W. Lakeville, MN 55044
E-mail: email@example.com Phone: 507.867.8404
We reserve the right to make changes to this policy. Any changes to this policy will be posted. This policy was last updated on June 12, 2012.
SHOP ROCHESTER Contests and Giveaways
NO PURCHASE NECESSARY TO WIN. Must be 18 or older at time of entry. Odds of winning depend upon the number of entries received. Prizes are non-transferrable, non-negotiable, and cannot be redeemed for cash or store credit. Winner is required to allow his/her name to be published online or print. All entries must include name, address, phone number and email address. One entry per person. Incomplete entries will be discarded. Void where prohibited or restricted by law. By entering this contest the winner/contestant agree to all rules and regulations as stated on www.shoprochester.org.
The Prize Winner's acceptance of the Prize constitutes permission for the Giveaway Entities to use Prize Winner's name, photograph, likeness, statements, biographical information, voice, and address (city and state) worldwide and in all forms of media, in perpetuity, without further compensation. Participants agree to Administrator's use of their names and likeness for advertising and publicity purposes, without additional compensation, unless prohibited by law.
All federal, state, local, and provincial laws and regulations apply.
Giveaway Entities are not responsible for lost, late or misdirected on-line entries or transactions, for incorrect, inaccurate or incomplete entry information whether caused by a contestant, equipment, or technical malfunction or for any human error, technical error or malfunctions. Giveaway Entities reserve the right to halt or modify the Giveaway at any time during the Giveaway period if events beyond their control compromise the Giveaway, fairness or integrity.
Giveaway Entities are not responsible for typographical or other human or technical errors in the offer or administration of this Giveaway, including but not limited to errors in advertising, the Official Rules, the selection and announcement of the Prize Winner(s) or the distribution of the Prize(s).
Giveaway Entities, at their sole discretion, may disqualify any participant from participating in the Giveaway, refuse to award Prize(s) if participant engages in any conduct Giveaway Entities deem to be improper, unfair or otherwise adverse to the operation of the Giveaway or detrimental to other participants. Such improper conduct includes, but is not limited to, falsifying personal information required during Giveaway registration or Prize claim, violating any term or condition stated herein, accumulating entries or prizes through methods such as automated computer scripts or other programming techniques, allowing others to use the participant's personal information for the purpose of accumulating entries or prizes, tampering with Giveaway Entities' administration of this promotion, or intentionally trying to defraud, reverse engineer, disassemble, decompile or otherwise tamper with the computer programs on any website associated with the promotion. Participant further acknowledges that the forfeiture of the Prize and/or return of any part of the prize shall in no way prevent Giveaway Entities from pursuing other avenues of recourse such as criminal or civil proceedings in connection with such conduct.
Giveaway Entities reserve the right to modify these rules for clarification purposes without materially affecting the terms and conditions of the Giveaway. This Giveaway is randomized and intended solely to raise awareness of the Giveaway Entity.
Internet If for any reason the Internet portion of the Giveaway promotion is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Giveaway Entities and each of their parent companies, affiliates, subsidiaries, advertising, promotion and fulfillment agencies which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Giveaway, the Giveaway Entities reserve the right, at their sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Giveaway. In such event, the Giveaway Entities further reserve the right to award prize to another eligible participant in accordance with these Official Rules.
The Giveaway Entities and each of their parent companies, affiliates, subsidiaries, advertising, promotion and fulfillment agencies assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries or transactions. The Giveaway Entities and each of their parent companies, affiliates, subsidiaries, advertising, promotion and fulfillment agencies are not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail entry or transaction to be received on account of technical problems or traffic congestion on the Internet or at any Web site, or any combination thereof, including any injury or damage to participant's or any other person's computer related to or resulting from participation or downloading any materials in this Giveaway.
Lost or Corrupted Entries The Giveaway Entities, and their parents, affiliated and subsidiary companies and advertising and promotion agencies assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, lost, late, incomplete, corrupted, stolen, misdirected, illegible or postage due entries or mail if applicable; or for any computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, unauthorized human intervention, or the incorrect or inaccurate capture of entry or other information, or the failure to capture any such information. The Giveaway Entities, and their parents, affiliates and subsidiary companies, advertising and promotion agencies are not responsible for any incorrect or inaccurate information, whether caused by registration information submitted by end users or tampering, hacking, or by any of the equipment or programming associated with or utilized in this Giveaway, and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the Giveaway.
Damaged Property Giveaway Entities, and their parents, affiliated and subsidiary companies and advertising and promotion agencies assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, injury or damage to any participants or to any other person's computer or property related to or resulting from participating in this Giveaway or downloading materials from this Giveaway.
CAUTION: ANY ATTEMPT BY A CONTESTANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, THE GIVEAWAY ENTITIES RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH CONTESTANT TO THE FULLEST EXTENT PERMITTED BY LAW.
In the event of a dispute, entries made by Internet will be declared made by the authorized account holder of the e-mail address submitted at time of entry. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
Any entry that is incomplete, late, or does not fully comply with these terms and agreements will be subject to disqualification.
In the event that the Giveaway is challenged by any legal or regulatory authority, the Giveaway Entities reserve the right to discontinue or modify the Giveaway, or to disqualify participants residing in the affected geographic areas. In such event, the Giveaway Entities shall have no liability to any participants who are disqualified due to such an action.
Giveaway Errors The Giveaway Entities, and their parents, affiliated and subsidiary companies and advertising and promotion agencies assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, errors and/or ambiguity: (a) in the Giveaway; (b) in any related advertising or promotions of this Giveaway; and/or (c) in these terms and agreements including but not limited to errors in advertising, the official rules, these terms and agreements, the selection and announcement of the winner or the distribution of the prize(s). In the event of any ambiguity(s) or error(s) the Giveaway Entities reserve the right to modify these terms and agreements or Giveaway rules for clarification purposes or to correct any such ambiguity or error(s) without materially affecting the terms and conditions of the Giveaway.
Prize Winner and Prize The Giveaway Entities, and their parents, affiliated and subsidiary companies and advertising and promotion agencies assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, the selection and announcement of the Prize Winner(s), the distribution of the Prize(s), the acceptance/possession and/or use/misuse of any part of the Prize(s) and/or any injury or damage to any participant's or third person's health, well-being, or property related to or resulting from any part of the Prize(s) or any part of this Giveaway.
Release Each participant in the Giveaway, including, without limitation, the prize winner(s), hereby releases and agrees to hold harmless the Giveaway Entities and their parents, affiliates, subsidiaries, advertising and promotion agencies and their respective directors, officers, employees, representatives and agents from any and all liability for any injuries, loss or damage of any kind to person, including death, and property, arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of the Prize, participation in this Giveaway, and participation in any activity related to this Giveaway.
Limitation of Liability and Disclaimer of Warranties
IN NO EVENT WILL THE GIVEAWAY ENTITIES AND/OR THEIR PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE AND/OR THE GIVEAWAY, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE SERVICE AND/OR THE GIVEAWAY. IN NO EVENT SHALL THE GIVEAWAY ENTITIES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED $100. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE GIVEAWAY AND THE SERVICE INCLUDING THE PRIZE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
Binding Arbitration The parties waive all rights to trial in any action or proceeding instituted in connection with these terms and agreements and official rules, including, without limitation, the Giveaway. Any controversy or claim arising out of or relating to these terms and agreements, official rules and/or the Giveaway shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted at a location selected by the Giveaway Entities.
Governing Law and Jurisdiction THESE TERMS AND AGREEMENTS AND OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF MINNESOTA WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these terms and agreements and official rules and/or in connection with the entering of any judgment on an arbitration award in connection with these terms and agreements and official rules and/or the Giveaway, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the Minnesota state and federal courts. The parties agree not to raise the defense of forum non-convenes.