3. Content we make available on the Site. Orange Leaf may make available, now or in the future, via the Site content, including (but not limited to) information, comments, reviews as well as texts, photos, pictures and other images, films, movies, music and other audio files, software, applications or games (together referred to as “Content”). We, our affiliated entities and/or our licensors own all Content made available through the Site. Such Content is subject to copyright, trademark or other intellectual property rights and laws. Unless expressly stated otherwise, you may not reproduce, modify, disseminate or otherwise exploit our Content in any way or form without our prior express approval.
In addition, you acknowledge that the Site itself is protected by copyright law. You further acknowledge that Orange Leaf owns the trademarks “Orange Leaf,” the Orange Leaf “O” device and all associated Orange Leaf trade names, trademarks, service marks and logos. All other trademarks used on the Site are the property of their respective owners. Orange Leaf trademarks and Orange Leaf logos may only be used in conjunction with Orange Leaf Frozen Yogurt Stores, goods produced by Orange Leaf or with the express prior approval of Orange Leaf. For the avoidance of doubt, the Orange Leaf logo may be used by Orange Leaf only.
PLEASE NOTE THAT UNAUTHORIZED USE OF THE SITE OR ANY CONTENT ON THE SITE
(INCLUDING WITHOUT LIMITATION ANY SOFTWARE MADE AVAILABLE THROUGH THE SITE) MAY, IN PARTICULAR JURISDICTIONS, RESULT IN MONETARY DAMAGES AND OTHER CIVIL AND CRIMINAL PENALTIES INCLUDING, WITHOUT LIMITATION, FOR COPYRIGHT INFRINGEMENT.
4. Content you share with us. We may include features on the Site that allow you to share your Content with us and other users of the Site. Please note that by sharing your Content through the Site, your Content may become publicly accessible. You grant to Orange Leaf and its affiliated entities a worldwide, non-exclusive, transferable, royalty-free, perpetual, irrevocable right and license, without compensation to you: (a) to use, reproduce, distribute, adapt (including without limitation edit, modify, translate, and reformat), derive, transmit, display and perform, publicly or otherwise, your Content, in any media now known or hereafter developed, for Orange Leaf and/or the affiliated entities' business purposes, and (b) to sublicense the foregoing rights, through multiple tiers, to the maximum extent permitted by applicable law.
The foregoing licenses shall survive any termination of your use of the Site, as further described below.
For all of the Content you share through the Site, you represent and warrant that you have all rights necessary for you to grant these licenses, and that such Content, and your provision or creation thereof through the Site, complies with all applicable laws, rules, and regulations and does not infringe or otherwise violate the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party, and is furthermore free from viruses and other malware. You further, to the extent permissible by law, irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding each item of user content that you submit. Please note that we do not solicit or encourage submissions of Content containing ideas or suggestions relating to the Site, our business or our affiliated entities’ businesses. If you send us any ideas or suggestions, regardless of the topic, we and our affiliated entities will have no obligations with respect to such ideas or suggestions and may use them for any purpose whatsoever.
5. Rules of Conduct. In using the Site, you agree to comply with the following “Rules of Conduct” as updated from time to time by us. Orange Leaf will fully cooperate with any law enforcement authorities and/or court order requesting or directing Orange Leaf to disclose the identity of anyone that has engaged in any violation of the Rules of Conduct, including (but not limited to) anyone that has posted information or materials in violation of the Rules of Conduct. Orange Leaf reserves the right to moderate (including removing) any such information or materials at any time from this Site. While we may monitor and moderate your Content submitted via the Site, we are under no obligation to do so and assume no responsibility or liability arising from the Content, nor for any error, defamation, omission, falsehood, obscenity, profanity, danger, or inaccuracy contained in any user-generated Content on the Site.
a. You are prohibited from posting or transmitting, through or in connection with the Site:
- Any unlawful, threatening, defamatory, obscene, scandalous, deceptive, fraudulent, tortious, obscene, pornographic, inflammatory, profane or infringing material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law;
- Any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment;
- Any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letter," "pyramid scheme" or investment opportunity, or any other form of solicitation; and
- Any material non-public information about a company without the proper authorization to do so.
b. In addition, you will not:
- Use the Site for any fraudulent or unlawful purpose;
- Use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Site;
- Impersonate any person or entity, including any of our (or our affiliated entities’) representatives; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement or posting you make;
- Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks;
- Access or use the Site through any technology or means other than those expressly designated by us (including, unless expressly designated by us, television set top boxes, television game consoles, digital video recorders or players, or video screens packaged and marketed as television sets);
- Restrict or inhibit any other person from using the Site (including by hacking or defacing any portion of the Site);
- Use the Site to advertise or offer to sell or buy any goods or services without our express prior written consent;
- Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site;
- Except as expressly permitted by applicable law, modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site;
- Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site;
- Frame or mirror any part of the Site without our express prior written consent;
- Create a database by systematically downloading and storing all or any Site content; or
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Site, without our express prior written consent.
6. Links. The Site may provide links to other websites and online resources. We are not responsible for and do not endorse such external sites or resources. Other sites may link to the Site with or without our authorization, and we may block any links to or from the Site. YOUR USE OF THIRD PARTY WEB SITES AND RESOURCES IS AT YOUR OWN RISK.
8. Liability. WHILE WE ENDEAVOR TO MAINTAIN THE INFORMATION ON THIS SITE AS ACCURATE AND UP-TO-DATE, YOU ACKNOWLEDGE THAT THIS SITE AND ALL CONTENT, INFORMATION AND MATERIALS MADE AVAILABLE THROUGH THIS SITE ARE PROVIDED TO YOU “AS IS” WITHOUT ANY EXPRESS WARRANTIES OR REPRESENTATIONS OF ANY KIND. ORANGE LEAF, ITS AFFILIATED ENTITIES AND THEIR RESPECTIVE LICENSORS DISCLAIM ALL STATUTORY AND IMPLIED REPRESENTATIONS, WARRANTIES, TERMS AND CONDITIONS WITH RESPECT TO THIS SITE AND ALL CONTENT, INFORMATION AND MATERIALS MADE AVAILABLE THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE DO NOT PROMISE THAT THIS SITE, NOR ANY INFORMATION, CONTENT OR MATERIALS MADE AVAILABLE THROUGH THIS SITE, WILL BE ACCURATE, RELIABLE, COMPLETE, ERROR FREE OR COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE. WITHOUT LIMITING THE FOREGOING, ORANGE LEAF, ITS AFFILIATED ENTITIES AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS AND PROVIDERS MAKE NO REPRESENTATION OR WARRANTY (A) REGARDING THE STATEMENTS, ACTS OR OMISSIONS OF ANY THIRD PARTIES; (B) THAT THIS SITE AND/OR ANY OF ITS FEATURES WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO THIS SITE AND/OR ANY OF ITS FEATURES WILL BE UNINTERRUPTED OR SECURE; (C) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (D) THAT THE SITE OR THE SERVERS OR NETWORKS THROUGH WHICH THE SITE IS MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER ORANGE LEAF NOR ITS AFFILIATED ENTITIES, NOR ANY OF ITS AGENCIES, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, OR USE OF, THE SITE, ITS FEATURES OR ANY CONTENT MADE AVAILABLE THROUGH THE SITE, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES, TO THE EXTENT PERMITTED BY APPLICABLE LAW. OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE SHALL BE THE TOTAL AMOUNT PAID BY YOU TO US TO ACCESS AND USE THE SITE. IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES; SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
11. Claims of Copyright Infringement. For information on how to report a claim of copyright infringement under The Digital Millennium Copyright Act of 1998 (the “DMCA”), please refer to our Copyright Policy [site].
12. Filtering. Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the following two sites: GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Note that we do not endorse, support or approve any of the products or services listed at such sites.
13. Contact. This Site is operated by
Orange Leaf Holdings LLC14301 Caliber Dr., Suite 100Oklahoma City, OK 73134USA
Site©2018 Orange Leaf Holdings unless otherwise noted. All rights reserved.
GHIRARDELLI® SQUARE GIVEAWAY PRESENTED BY GHIRARDELLI® AND ORANGE LEAF: NOVEMBER 2019 – JANUARY 2020.
OFFICIAL TERMS AND CONDITIONS
THE FOLLOWING TERMS AND CONDITIONS APPLY TO THE GHIRARDELLI® SQUARE GIVEAWAY PROMOTION, PRESENTED BY GHIRARDELLI® AND ORANGE LEAF (THE “PROMOTION”). This Promotion is intended for participants in the United States at participating U.S. Orange Leaf Stores. Please do not enter this Promotion if you are not a citizen or legal resident of the United States who is eighteen (18) years of age or older at the time you submit an Entry (defined below).
NO PURCHASE IS NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED BY LAW OR REGULATION.
HOW TO ENTER:
Enter the Promotion by enjoying your favorite Orange Leaf product at any participating Orange Leaf Frozen Yogurt store during regular store hours from November 18th, 2019, through January 5th, 2020. For each purchase, customer will receive a card with a unique code (“Entry Code”). Customer must enter the Entry Code, along with their first and last name, date of birth, email address, and city and state of residence, into the online submission form found on the Orange Leaf microsite www.orangeleafyogurt.com/sanfran (an “Entry”). One Entry Code per person per purchase per day. All Entries must be made between local store opening time on November 18, 2019, and 11:59 PM local time on January 5th, 2020 (the “Promotion Period”). Enter as often as you like, but each Entry must use a unique Entry Code.
Alternate Entry Methods: Entry into the Promotion may also be made by requesting an Entry Code without a purchase. Go to a participating Orange Leaf Store during the Promotion Period and ask for an Entry Code. One Code per person per day will be given upon request. Enter the Entry Code on the Orange Leaf microsite in the same way described above.
The Prize is a trip for two (2) to Ghirardelli® Square in San Francisco, CA. The Prize is a value of up to $2,000.00, divided as follows: up to $1,000.00 reimbursement for air travel to SFO; up to $500.00 reimbursement for hotel accommodations in San Francisco; a $50.00 gift card to Ghirardelli® Square; and $450.00 in gift cards to certain Ghirardelli® Square restaurants, to be determined and chosen by the Sponsor. The winner (“Prize Winner”) is responsible for all travel expenses beyond the $2,000.00. The Prize winner has one (1) full year to redeem the trip to Ghirardelli® Square, beginning February 1, 2020.
Odds of winning depend on the number of Entries.
AWARD OF THE PRIZE.
One potential Prize Winner will be randomly selected by the marketing team of Orange Leaf from the pool of Entries. Upon written confirmation of the potential Prize Winner’s eligibility to receive the Prize, the Prize will be awarded to the Prize Winner. To claim the Prize, the potential Prize Winner must provide Orange Leaf, when the potential Prize Winner is contacted by Orange Leaf, with their valid US Postal Service mailing address. Orange Leaf will send the potential Prize Winner required Prize Claim Documents to be completed and returned to Orange Leaf. Upon confirmation by Orange Leaf of the potential Prize Winner’s eligibility, the Prize will be officially awarded to the Prize Winner
In the event the potential Prize Winner is not eligible to receive the Prize, the Prize will be forfeited by that potential Prize Winner and a new potential Prize Winner will be selected in the same manner as above.
The Prize Winner must be able to use the Prize between February 1, 2020, and February 1, 2021. No substitute dates outside of that range or location will be permitted.
The selection and confirmation of the Prize Winner by Orange Leaf will be final.
The Prize Winner will be notified via the email address provided in the Entry by 11:59 PM central time on January 6, 2020, and will be announced via official Orange Leaf social media accounts upon claiming the Prize.
In the event the potential Prize Winner does not return required Prize Claim Documents within fifteen (15) days of mailing by Orange Leaf, the potential Prize Winner will be disqualified and the marketing team of Orange Leaf will randomly select an alternate potential Prize Winner from the pool of remaining Entries in the same method and manner as described above. The alternate potential Prize Winner will be notified and verified as to eligibility in the same manner as the original potential Prize Winner.
The Prize Winner is responsible for any and all local, state and or federal taxes. Orange Leaf will issue the Prize Winner an IRS Form 1099 for the value of the Prize. For this, the Prize Winner must provide Orange Leaf his/her social security number.
All Entries become the property of Orange Leaf Holdings LLC. By submitting an Entry, you acknowledge and agree that Orange Leaf Holdings LLC has the right to use the personal information on the Entry. Please see Orange Leaf’s Privacy Policies.
Orange Leaf Holdings LLC is the sponsor of this Promotion (the “Sponsor”).
ADDITIONAL TERMS AND CONDITIONS.
Any and all costs, fees (including, but not limited to, certain meals, luggage fees, and transportation from the Prize Winner’s home and the airport, or from SFO to Ghirardelli Square) and expenses not expressly stated in the Prize description are the sole responsibility of the Prize Winner. Any difference between the approximate retail value and the actual value will not be awarded and any difference will not be refunded. Prize Winner shall present Sponsor with receipts for airfare and hotel accommodations. Upon its receipt of such receipts, Sponsor will reimburse Prize Winner for its actual travel costs, up to $1,000.00 for airfare and up to $500.00 for hotel accommodations, for a total reimbursement of up to $1,500.00, by mailing Prize Winner a check to the valid US Postal Service mailing address provided by Prize Winner. No insurance is provided as part of the Prize, and obtaining any insurance, such as but not limited to travel insurance, health, accident or medical insurance, and property loss or damage insurance is the sole responsibility of the Prize Winner and/or his/her accompanying guest(s). Tickets for any event may not be sold. If the Prize Winner (and/or their accompanying guest(s)) is not able to use any part of the Prize, that unused part will not be substituted for cash or any other prize.
OTHER TERMS AND CONDITIONS:
1. You represent that you are at least eighteen (18) years old as of the date you first entered the Promotion and are otherwise eligible to receive the Prize awarded to you in the Promotion if you are the Prize Winner. Without limiting the foregoing, you represent that you satisfy all eligibility requirements set forth herein, including but not limited to any other requirements imposed by law. If you are chosen as the Prize Winner, you agree to execute any additional waivers, consents, or authorizations required by us or applicable law. You represent you are not an employee of Orange Leaf Holdings LLC nor a franchisee of Orange Leaf or an employee of any Orange Leaf franchise and are not otherwise an affiliate or vendor of Orange Leaf.
2. You understand and agree if you are the Prize Winner and accept the Prize, you give Orange Leaf Holdings LLC the right to use certain information about you in connection with the award of this Prize, including your name, likeness, and/or photograph. This use may include, without limitation, use in the exhibition, broadcast, distribution, advertising or promotion of the Promotion, and any other Promotion offered through any Orange Leaf website without further consideration or compensation. You agree to take, at Orange Leaf's expense, any further action (including, without limitation, execution of affidavits and other documents) reasonably requested by Orange Leaf to effect, perfect or confirm Orange Leaf's rights as set forth in this paragraph.
3. You agree that if you are the Prize Winner to communicate with Orange Leaf when you use the tickets awarded to you as part of the Prize. You further agree to take one or more photographs of yourself at Ghirardelli® Square and provide them to Orange Leaf for use by Orange Leaf to promote itself and its promotions. You agree that photographs taken by you shall be suitable for general/family viewing and consistent with the promotion of the Orange Leaf brand. Orange Leaf may contact you to obtain the timing of your visit to Ghirardelli® Square and to coordinate with you about promotional photographs. In the event your family members or friends are included in the photographs, you agree to cooperate with Orange Leaf to enable Orange Leaf to obtain promotional releases from your friends or family in the photographs.
4. You agree that if you are the Prize Winner, you are solely responsible for the selection of people to whom you take with you to Ghirardelli® Square for use.
5. YOU ACKNOWLEDGE AND AGREE THAT ANY ACCEPTANCE, PARTICIPATION IN OR WITH, AND/OR USE OF THE PRIZE OR ANY PART OF IT ARE SOLELY AT YOUR OWN RISK. YOU, ON BEHALF OF YOURSELF AND YOUR ASSIGNS, HEIRS, DEVISEES AND ESTATE (COLLECTIVELY, "SUCCESSORS"), HEREBY UNCONDITIONALLY AND FOREVER RELEASE, DISCHARGE, AND AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS ORANGE LEAF AND OTHER PROVIDERS OF ANY PRIZE AND EACH OF THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROFESSIONAL ADVISORS, AND CONTRACTORS (COLLECTIVELY, "RELEASED PARTIES"), FROM ANY AND ALL CLAIMS, JUDGMENTS, COSTS, DAMAGES, LOSSES, EXPENSES, AND LIABILITIES (WHETHER UNDER CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE, OR IMPUTED), STRICT LIABILITY, PRODUCT LIABILITY, OR ANY OTHER THEORY) RELATING TO ANY CLAIM YOU MAY NOW OR LATER HAVE WITH RESPECT TO ANY DEATH, PERSONAL INJURY, PROPERTY DAMAGE, PECUNIARY, OR OTHER LOSS, DAMAGE, COST, OR EXPENSE (COLLECTIVELY, "HARM") THAT MAY BE SUFFERED BY YOU OR ANY THIRD PARTY AS A RESULT OF THE PROMOTION, ANY USE BY ORANGE LEAF OF YOUR NAME, LIKENESS (INCLUDING, WITHOUT LIMITATION, AURAL AND VISUAL LIKENESSES OF YOU), OR BIOGRAPHICAL DATA, OR IN CONNECTION WITH YOUR ACCEPTANCE, PARTICIPATION IN OR WITH, USE OF, AND/OR INABILITY TO USE ANY PRIZE AWARDED TO YOU, EVEN IF SUCH HARM IS CAUSED SOLELY BY THE RECKLESSNESS, NEGLIGENCE, OR FAULT OF ONE OR MORE RELEASED PARTIES (COLLECTIVELY, THE "RELEASED CLAIMS"). YOU UNDERSTAND AND AGREE THAT THIS RELEASE WILL PREVENT YOU AND YOUR SUCCESSORS FROM BRINGING ANY ACTION AGAINST ANY RELEASED PARTY AND FROM RECOVERING ANY MONEY DAMAGES OR OTHER RELIEF FROM ANY RELEASED PARTY IN CONNECTION WITH ANY OF THE CLAIMS RELEASED ABOVE. THIS PROMOTION IS VOID WHERE PROHIBITED BY LAW.
6. You understand and agree that if any provision of these Terms and Conditions is found to be unenforceable in any respect by a court of competent jurisdiction, it is your intent and understanding that these Terms and Conditions shall nonetheless be enforced to the maximum extent to which they are found to be legally enforceable. TO THE EXTENT PERMITTED BY LAW, YOU WAIVE THE BENEFIT OF ANY PROVISIONS OF ANY STATUTE OR OTHER LAW THAT MIGHT ADVERSELY AFFECT THE RIGHTS OF ANY RELEASED PARTY UNDER THESE TERMS AND CONDITIONS.
7. You understand and agree these Terms and Conditions shall be governed by the laws of the State of Oklahoma, U.S.A., without reference to its choice of law rules to the contrary. You irrevocably consent to the exclusive jurisdiction and venue of the federal and state courts located in Oklahoma County, Oklahoma, with respect to any claim or suit arising out of or in connection with these Terms and Conditions, the Promotion, any delivery, mis-delivery, or non-delivery of the Prize or your acceptance, participation in, use of, or inability to use any Prize or element of the Prize, and agree not to commence or prosecute any such claim or suit other than in the aforementioned courts. EACH OF THE PARTIES HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS, THE PROMOTION OR ANY OF THE RELEASED CLAIMS.
8. You understand and agree that your consent to these Terms and Conditions set forth above are a material inducement for Orange Leaf to award a Prize to you and that Orange Leaf would not do so in the absence of your consent as evidenced by your participation in the Promotion.
9. Entry in this Promotion does not constitute entry into any other promotion, contest, or sweepstakes of Orange Leaf.
10. These Terms and Conditions are the entire agreement between Orange Leaf and you with respect to the matters described herein, and supersedes any and all other agreements and communications, oral or written, between you and Orange Leaf or any other Released Party with respect to such matters. These Terms and Conditions may not be amended or supplemented except by a writing signed by Orange Leaf specifically referencing these Terms and Conditions.
©2019-2020 Orange Leaf Holdings LLC. The Orange Leaf® name and logos are trademarks and service marks of Orange Leaf and its affiliates. All other trademarks, service marks, logos, product or service names are the property of their respective owners. All Rights Reserved.