FREE NECKLACE WITH QUALIFIED PURCHASE
TERMS AND CONDITIONS
1. Promotion and Eligibility.
The Free Necklace with Qualified Purchase Promotion ("Promotion") is being offered by Shane Co. (“Shane Co.,” “we,” “us,” or “our”) in accordance with these terms and conditions (“Terms”). The Promotion is open only to those who individuals that are 18 years of age or older at the time of a Qualified Purchase (“Recipient” or “you”). Employees, officers, directors, representatives, members, trustees and agents of Shane Co., and their immediate families and those living in their same household, whether or not related, are not eligible to participate in the Promotion.
By participating in the Promotion as described in these Terms, the Recipient represents and warrants that he or she is 18 years of age at the time of the Qualified Purchase and otherwise fully agrees to be bound to and comply with these Terms.
2. The Gift.
The Promotion gift shall consist of the Shane Co. Forever Link necklace, with an estimated retail value of $115.00 ("Gift"). The Gift is non-transferable, non-refundable and non-negotiable by Participant and cannot be redeemed for cash. Gift cannot be exchanged or returned for its estimated retail value. Shane Co. does not accept responsibility for any variation in Gift retail value. Shane Co. reserves the right to substitute Gift offered with an item of equal or greater value.
3. Qualified Purchase and How to Claim Gift.
To claim the Gift, you must make a Qualified Purchase online through Shane Co.’s website (www.shaneco.com) or in one of our stores.
A qualified purchase consists of only the two following types of purchases: (i) purchase of Fashion Item(s) of which the total price, before taxes, is $400 or more, and such final amount is paid in full at checkout; or (ii) trade-in or upgrade of Fashion Item(s) if the difference in price, before taxes, is $400 or more, and such final amount is paid in full at checkout ("Qualified Purchase").
For clarity, the following purchases are examples of purchases not considered Qualified Purchases: (a) purchase of wedding bands, engagement rings, or any other bridal jewelry ("Bridal Item"); (b) purchase that takes advantage of another Shane Co offer, promotion, rebate, program, or discount; and (c) placing an item on layaway, provided, however, that full payment of a layaway item during the Promotion Period of which the total price, before taxes, is $400 or more constitutes a Qualified Purchase.
A fashion item is any piece of jewelry offered for sale by Shane Co. at full price, excluding Bridal Items ("Fashion Item").
For Qualified Purchases made in-store, you will receive the Gift upon payment of the full amount of your Qualified Purchase. For Qualified Purchases made online, the Gift will be automatically included in checkout and shipped to the same address as your order.
The Promotion period will begin on November 1, 2019 at 12:00 AM MST and continue until December 1, 2019 at 11: 59 PM MST, while supplies last (“Promotion Period”), provided, however, that Shane Co. may change or terminate the Promotion at any time and without notice unless notice is required by law.
4. Restrictions and Availability.
The Gift is limited to one Gift per purchase. The Gift is provided on a first come, first served basis while supplies last. The Gift may not be available throughout the Promotion Period. The Gift is not for resale and will not be replaced if lost or stolen.
5. Return of Gift.
The return of the Fashion Item is governed by our then current refund and exchange policy. If you return the Fashion Item you are welcome to keep the Gift.
Without limiting the foregoing, Shane Co., reserves the right to refuse to honor the Promotion if it is believed that the Participant is abusing the Promotion by returning merchandise used to secure the Gift. Shane Co. reserves the right to report such fraudulent activities to the authorities and prosecute to the full extent of the law.
6. Other Rules.
This Promotion is subject to all applicable laws and is void where prohibited. The Recipient assumes all liability for any injuries or damage caused or claimed to be caused by participation in this Promotion or by the use or misuse of the Gift. If, in Shane Co.'s opinion, there is any suspected or actual evidence of fraud, electronic or non-electronic tampering or unauthorized intervention with any portion of this Promotion, or if fraud or technical difficulties of any sort (e.g., computer viruses, bugs) compromise the integrity of the Promotion, Shane Co. reserves the right to terminate the Promotion and distribute the Gifts in its sole discretion. Any attempt to deliberately damage Shane Co.’s website or undermine the legitimate operation of the Promotion may be in violation of U.S. criminal and civil laws and will result in disqualification from the Promotion. Should such an attempt be made, Shane Co. reserves the right to seek remedies and damages (including attorney's fees) to the fullest extent of the law.
THE GIFT IS PROVIDED ON AN “AS IS” BASIS, WITHOUT FURTHER WARRANTY OF ANY KIND. SHANE CO HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE GIFT.
8. Limitation of Liability.
By participating in the Promotion, Participants, on behalf of themselves and their heirs, executors, assigns, and representatives, release and hold Shane Co harmless from and against any and all third party claims, actions, injury, loss, damages, liabilities and obligations of any kind whatsoever (collectively, “Claims”) arising from or relating to the Participant’s participation in the Promotion, including, without limitation, Claims relating to the receipt, ownership, use, misuse, transfer, sale or other disposition of the Gift.
Shane Co. (including its respective officers, employees and agents) is not responsible for and excludes all liability to the greatest extent permitted by law, for any personal injury, or any loss or damage (including loss of opportunity), whether direct, indirect, special or consequential, and whether or not arising from any person’s negligence, in connection with: (i) any technical difficulties or equipment malfunction (whether or not under the Shane Co.’s control); (ii) any theft, unauthorized access or third party interference or fraud; (iii) the Promotion; or (iv) acceptance or use of any Gift.
9. Dispute Resolution.
Any dispute or controversy or claim arising out of or relating to this Promotion or the Gift, or participation therein, shall be governed by the arbitration provision provided in our Terms and Conditions.
PLEASE NOTE THAT THE TERMS AND CONDITIONS CONTAIN A BINDING INDIVIDUAL ARBITRATION PROVISION AND A WAIVER OF A JURY TRIAL, AS SUCH, PLEASE CAREFULLY REVIEW OUR TERMS AND CONDITIONS BEFORE PARTICIPATING IN THE PROMOTION.
10. Governing Law.
The governing law for these Terms shall be the laws of the State of Colorado, without regard to choice-of-law principles.
11. Privacy and Additional Terms.