Terms & Conditions
Tamara Mellon cannot guarantee continuous or secure access to the Site or our services provided by the Site. Operation of the Site may be limited by many factors that are outside of the control of Tamara Mellon.
Security. We follow reasonable standards to protect the personal information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage, is completely secure. Therefore, while we strive to use reasonable means to protect your personal information, we cannot guarantee its security.
Site Content and Marks. You acknowledge and agree that Tamara Mellon’s name and trademarks and other graphics, logos, slogans and service names used by Tamara Mellon on the Site are owned by Tamara Mellon, are protected by applicable trademark and other intellectual property rights and laws and you have no rights with respect thereto. You also acknowledge and agree that all designs, concepts and content, including photographs, on the Site are owned by Tamara Mellon and are protected by applicable copyright laws. You acknowledge that any unauthorized use by you of any of the marks, designs, concepts or content on the Site is prohibited and any such use may result in civil and criminal penalties being imposed on you.
Limited Licenses and Permissions. We grant you a limited license and permission to access and make personal use of the Site, but not to download any portion of it for any commercial purpose or to modify any portion of it. You agree not to store in any form, distribute, transmit, display, reproduce, modify, create derivative works from, sell or otherwise exploit any of the content on the Site for any commercial purpose. You may occasionally solely for personal, non-commercial use (i) print a single copy of pages of the Site or (ii) copy a picture or a description of a product from the Site on your blog or share a photograph or description of a product from the Site through use of your social media account, but you may not otherwise reproduce any material appearing on the Site without our prior written consent. No right, title or interest in any of the content on the Site is granted to you by such copying.
Products. While we have tried to actually display the colors of products, the actual colors you will see depend on your monitor and may not be accurate. The prices displayed on the Site are quoted in U.S. dollars, unless otherwise indicated.
Availability of Products on The Site. Merchandise availability on the Site is not guaranteed. While we endeavor to keep the Site current, we do not guarantee that all items featured on the Site at any time remain available for purchase at the time you visit the Site. You will receive a shipping confirmation e-mail once your items have been shipped.
We and our third party processors may rely upon any notice, purchase order or any other document which purports to have been transmitted by you or signed by you and we shall have no duty to make any inquiry or investigation.
Feedback and Comments. You may provide us feedback and comments with respect to the Site, but all such feedback, comments and submissions provided by you are owned by Tamara Mellon and by your posting on the Site or sending or otherwise transmitting any feedback, comments or other submissions you hereby assign to Tamara Mellon all worldwide rights, title and interest in such feedback, comments and submissions in all mediums and all forms without the payment by Tamara Mellon of any compensation. You acknowledge and agree that Tamara Mellon shall not consider any of such feedback, comments and submissions as your confidential or proprietary information, irrespective of whether you mark or otherwise provide notice to Tamara Mellon that such feedback, comments and submissions are your confidential or proprietary information. You agree that you shall not provide any feedback, comments or other submissions that violate any applicable laws or regulations or that infringe or misappropriate any third party’s rights or that are libelous, obscene or violate a third party’s privacy rights.
Disclaimers of Warranties. THE SITE, ALL CONTENTS AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED. ALTHOUGH TAMARA MELLON ENDEAVORS TO PROVIDE ACCURATE INFORMATION ON THE SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THE SITE. TAMARA MELLON DOES NOT WARRANT THAT THE DESCRIPTIONS OF THE PRODUCTS INCLUDED IN OR AVAILABLE THROUGH THE SITE ARE ACCURATE, RELIABLE OR CORRECT. TAMARA MELLON DOES NOT WARRANT THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED OR THAT THE SITE IS FREE OF VIRUSES. YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK. TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW, TAMARA MELLON HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SITE AND THE CONTENT ON THE SITE, INCLUDING, BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Restriction on Your Use. While using the Site, you will not: (i) violate any laws, third party rights, or our policies set forth on the Site; (ii) use any content (including, without limitation, all designs and photographs) on the Site for any commercial purposes; (iii) post false, inaccurate, misleading, defamatory, or libelous content (including personal information); (iv) distribute or post spam, chain letters, or pyramid schemes on or through the Site; or (v) impair, disable or otherwise adversely affect the Site or the functionality or operation of the Site, including without limitation, distributing, submitting, posting or uploading any materials that contain or distribute viruses or disabling code, files, programs or any other technologies that may harm Tamara Mellon, the Site or any other Site user.
In addition, you will not (i) harvest or otherwise collect (a) information, designs or content provided on the Site or (b) information with respect to any Site’s users, including e-mail addresses; (ii) provide any links, frames or tags to or of any content on the Site (including, without limitation, designs and photographs) without our express written consent, except that you may on an occasional basis for non-commercial purposes only provide a link to a photograph or a description of a product from the Site to your blog or share a photograph or description of a product from the Site through use of your social media account; or (iii) use any spiders, automated programs, scripts, robots, software or any similar devices that obtain, copy or link to content or information on the Site or with respect to the Site’s users, or affect the operation of the Site.
Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL TAMARA MELLON, ITS AFFILIATES, DIRECTORS, OFFICERS, MEMBERS AND MANAGERS OR ITS THIRD PARTY VENDORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WITH RESPECT TO OR THAT ARISE OUT OF THE USE OF THE SITE, THE SERVICES OR PRODUCTS PROVIDED BY TAMARA MELLON, THE INABILITY TO USE THE SITE OR OTHERWISE. THIS LIMITATION APPLIES WHETHER THE LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF TAMARA MELLON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN UNDER CIRCUMSTANCES THAT CAUSE ANY REMEDY TO FAIL OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL OUR DAMAGES TO YOU, REGARDLESS OF THE BASIS FOR THE UNDERLYING CLAIM, EXCEED THE AMOUNT YOU HAVE PAID FOR PURCHASES ON THE SITE DURING THE SIX (6) MONTH PERIOD PRIOR TO BRINGING SUCH CLAIM.
- Fearless Sweeps
Tamara Mellon San Francisco Experience Sweepstakes – Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. EACH SWEEPSTAKES ENTRY WILL HAVE AN EQUAL CHANCE OF WINNING. MAKING A PURCHASE WILL NOT IMPROVE AN INDIVIDUAL’S CHANCES OF WINNING.
- The “Tamara Mellon Miami Experience Sweepstakes” (“Sweepstakes”) begins at 12:00 a.m. Pacific Time (PT) on October 11, 2017 and ends at 11:59 p.m. PT on October 17, 2017 (“Sweepstakes Period”). To qualify for the Sweepstakes, an entrant must be a woman, 21 years of age or older, and a legal resident of the forty-seven (47) United States of America (excluding residents of Alaska, Hawaii, Rhode Island, overseas military installations, Puerto Rico, the District of Columbia and other U.S. territories), each as of one (1) day prior to the Sweepstakes Period and continuing throughout the Sweepstakes Period. Misrepresentation of age, upon discovery by Sponsor, will disqualify the applicable participant. This Sweepstakes is void in any location where prohibited by law, or where a bond or registration is required.
- a. To enter the Sweepstakes go to https://www.tamaramellon.com/blogs/notes/sweepstakes-fearless and complete the requested information on such website, which includes providing your full name, your shoe size, your email address, your birth date, and answering “how do you define ‘fearless’” (collectively, the “Entry”). For the avoidance of doubt, all eligible Entries that comply with these Official Rules and contain any text in response to the “how do you define ‘fearless’” question will be entered into the Sweepstakes and such response to “how do you define ‘fearless’” will not be judged, but only used as part of a method of entry into the random drawings specified herein. All eligible respondents who properly submit the Entry during the Sweepstakes Period will be entered into random drawings to receive the Prizes listed in Section 3 below. All improperly completed Entries will not be entered into the random drawings to win the Prizes listed herein and will not be returned. There is a limit of one (1) valid Entry (whether an Entry or a Free AMOE (defined below)) per eligible person during the Sweepstakes Period. The Sweepstakes is in no way sponsored, endorsed or administered by any social media platform, including, but not limited to, Instagram, Facebook, Twitter, Snapchat, YouTube or Pinterest. Direct any questions, comments, or complaints regarding the Sweepstakes to the Sponsor, not to the applicable social media platform.
- b. FREE ALTERNATIVE METHOD OF ENTRY: To enter the random drawing for the Prizes listed in Section 3 below without purchase or obligation or submitting an Entry: Hand print on a 3” X 5” card with your complete name, shoe size, date of birth, phone number, email address (if applicable), and “Miami Experience Entry” and mail the original handwritten card inside an outer envelope (no larger than a #10 envelope) to the Tamara Mellon Miami Experience Sweepstakes at 801 Westmount Dr., West Hollywood, CA 90019 (such entry method is the “Free AMOE”). If a Free AMOE is drawn but found to be incomplete or the writing illegible to the point that Sponsor is unable to determine the identity of the winner or the winner’s information on the form, that Free AMOE form will be disqualified. Entries become the property of Sponsor and will not be returned. All Free AMOE entries received from the same person over the quantity of one (1) will be eliminated from the random drawings and no Free AMOE entry will be accepted if such person also submitted an Entry and no Entry will be accepted if such person previously submitted a Free AMOE entry. All mailing entries must be post-marked by October 17, 2017 and received by Sponsor by October 18, 2017 to be eligible for the random drawing to win the Prizes listed in Section 3 below. All eligible respondents who properly complete and submit a card pursuant to this Free AMOE method of entry during the Sweepstakes Period will be entered into random drawings to receive the Prizes listed in Section 3 below.
- Sweepstakes Drawings: 2. Potential winners for the Grand Prize will be selected in a random drawing from all eligible Entries received by the Sponsor (the “Grand Prize Drawing”). The potential winner selected in the Grand Prize Drawing is a potential winner for the Grand Prize. The Sponsor will attempt to notify the potential winner by phone or email within seven (7) days of the drawing. Each potential Grand Prize winner will be required to complete and return a notarized affidavit of liability/publicity release (the “Liability/Publicity Release”), which must be received by Sponsor within four (4) days of the date notice or attempted notice was sent or an alternate winner may be randomly drawn. If a potential winner cannot be contacted, is ineligible, fails to claim the prize, or fails to return the required documents by the deadline specified in any prize-related documents, the Prizes may, in the sole discretion of Sponsor, be forfeited and/or awarded randomly to an alternate winner. The Sponsor is not responsible for the safe arrival of any notification, confirmation thereof, or other correspondence. All applicable taxes are the responsibility of the winner. Prizes are not transferable. No prize substitutions. Odds of winning based on the number of valid entries received. Limit one prize per family or household. No entrant may win more than one of the prizes, if there are multiple prizes. The random drawings will be conducted by Sponsor or an agent of Sponsor whose decisions are final and binding on all matters relating to this Sweepstakes drawing. If there is a dispute regarding who entered, the Entry will be deemed to be made by the natural person who is assigned to the account by the applicable provider or organization that assign the phone, email or other account, as applicable. Any entries to be deemed received from a robotic, automatic, programmed or similar entry methods or agents (including, but not limited to, sweepstakes entry services) are prohibited and will void all entries by that entrant. There may be different advertising graphics used for this one Sweepstakes.
a. One (1) Grand Prize (the “Grand Prize”) which consists of:
- i. A two (2) night stay in a hotel room at a hotel in the Miami, Florida area for the Grand Prize winner and one other person that the winner selects that is 21 years old or older (a “Friend”) for two consecutive nights between October 26, 2017 and November 3, 2017.
- ii. An airline ticket for the winner and a Friend to fly from the nearest major airport to such winner respective location in the continental United States to Miami, Florida. The flights to Miami, Florida will be between October 26, 2017 and November 3, 2017, but will be the dates necessary for the winner and a Friend to stay at the hotel for the selected nights. Sponsor reserves the right to arrange for alternate transportation to Miami, Florida if it deems the winner is too close to Miami, Florida for a flight to be necessary. The Friend must travel on the same itinerary as the winner. The Friend and the winner are responsible for all expenses necessary for them to board the flight to Miami, Florida from the nearest major airport to the winner’s location in the continental United States.
- iii. Two (2) pairs of Tamara Mellon shoes, one (1) for the winner and one (1) for a Friend in the shoe size that the winner provided in the winning Entry. The Friend must provide a shoe size in order to be able to receive this portion of the Grand Prize. Sponsor reserves the right to select the shoes that will be awarded to the winner and the Friend.
- iv. Two Hundred Dollar ($200) worth of pampering products.
- v. One hundred fifty Dollar ($150) gift card for a wine or cheese subscription.
- vi. One Hundred Fifty Dollar ($150) skincare shopping spree.
- vii. A helicopter ride over Miami, Florida for the winner and a Friend, subject to weather conditions and other force majeure events while the winner and a Friend are in Miami, Florida. The winner and the Friend should be prepared, willing, and able to sit on the edge of the helicopter and hang their legs over the side of the helicopter to take a picture over the Miami, Florida skyline with the Tamara Mellon shoes awarded as part of this Sweepstakes. Safety precautions will be taken and provided by the helicopter tour provider.
- b. The total Approximate Retail Value of the Grand Prize is $5,800.
- c. The winner is subject to all Bright Cellars Inc. gift card terms and conditions and any other terms and conditions for delivery of wine, including that certain states prohibit the shipment of wine and thus there is a chance that the winner may not be able to receive the wine or cheese subscription portion of the prize after using the applicable gift card. Due to wine shipping regulations, a winner residing in Utah or Texas will be awarded a partner gift credit equal to or greater than the designated prize amount to be used for cheese subscription in lieu of the wine or cheese subscription. Sponsor is not responsible for the delivery or fulfillment of any portion of the Bright Cellars Inc. gift card that may be redeemed for a wine or cheese subscription.
- d. Prizes will be distributed/coordinated by Sponsor or an affiliate of Sponsor. All expenses and incidental costs not expressly stated herein are the responsibility of the winner and the Friend. The Grand Prize winner and Friend cannot substitute, assign, or transfer all or a portion of the prizes, except at the sole discretion of Sponsor. If the Grand Prize winner and/or the Friend cannot travel to Miami, Florida for the Grand Prize on the nights set forth above, then at Sponsor’s sole discretion such winner will forfeit the Grand Prize and another eligible Entry will be randomly selected to win the Grand Prize, if time permits. Sponsor is not responsible for travel delays or cancellations. Helicopter ride, hotel, and airline/transportation terms and conditions and restrictions shall apply, and any other applicable terms and conditions and restrictions. The Grand Prize winner and Friend agree to comply with such terms and conditions and restrictions. The Grand Prize winner and Friend are responsible for obtaining and possessing all required identification and travel documents prior to travel. The Grand Prize winner and Friend are subject to supervision, security and other policies and procedures designated by Sponsor or Sponsor’s affiliates throughout participation in the Grand Prize events and travel. The Grand Prize winner and Friend are subject to background checks by Sponsor or an affiliate of Sponsor and may be required to forfeit the Grand Prize if such background check reveals concerning information deemed concerning by Sponsor in its sole discretion. The Grand Prize winner and Friend may be kicked out of or denied entry to the hotel, travel, and/or helicopter portions of the Grand Prize for any improper conduct or violation of any applicable laws (including illegal drug and/or alcohol use), all as determined by Sponsor in its sole discretion, and Sponsor shall have no further obligation to provide any portion of the Grand Prize to such individuals.
e. SPONSOR MAKES NO WARRANTY, EXPRESSED OR IMPLIED, WITH RESPECT TO THE CONDITION OR ADMINISTRATION OF THE GRAND PRIZE OR ANY PORTION OF THE GRAND PRIZE. Sponsor does not make any representations or warranties of any kind concerning the appearance, location, performance or safety of any prize, prize event, or portion of prize awarded. Without limiting the generality of the foregoing, entrants, the Grand Prize winner and the Friend agree that Sponsor maintains no control over the personnel, equipment or operation of any transportation company, hotel, helicopter tour company, manufacturer or other person or entity furnishing services, products or accommodations as part of the Grand Prize (the “Prize Suppliers”) and that Sponsor will not be responsible or liable for any injury, damage, loss, expense, accident, delay, or inconvenience that may be caused or contributed to by a Prize Supplier or by any other cause, condition or event beyond the control of Sponsor and Sponsor’s affiliates. All Grand Prize details not specifically set forth herein will be determined by Sponsor in its sole discretion.
- f. The person the winner selects as the Friend must sign the Liability/Publicity Release prior to participation or receipt of any portion of the Grand Prize. If the person selected as the Friend does not or will not timely (in Sponsor’s sole discretion) sign the Liability/Publicity Release, then the winner must select another person as the Friend. The Friend must also agree to comply with these Official Rules to participate and/or receive their portion of the Grand Prize.
4. Photo and Content Guidelines and Restrictions. All photos and content submitted, posted, or taken in conjunction with or referencing Sponsor and/or this Sweepstakes must conform to the following restrictions and guidelines. Any failure to comply with any item in this Section shall result in such entrant’s disqualification from the right to participate in this Sweepstakes.
21. Try Before You Buy
- a. An entrant must have permission from any individual that appears in a photo or other Sweepstakes related submission or post to use such person’s name and likeness and to grant the rights set forth herein. No individual under the age of 21 may appear in any manner in the submissions or posts related to this Sweepstakes. If Sponsor so requests, an entrant must provide evidence of such permission in a form reasonably acceptable to Sponsor.
- b. A photo, social media post, or other Sweepstake related submission or post shall not contain (i) any material that violates or may violate or infringe on another’s rights, including the right to privacy or any intellectual property rights, (ii) content created by a party other than the entrant, (iii) trademarks or brand names that are not the Sponsor’s trademarks or brand names, (iv) unlawful content, or (v) any content that is indecent, inappropriate, defamatory, disparaging, negative, offensive, racist, discriminatory (in the broadest sense of the word), or obscene all as determined solely by Sponsor.
- c. An entrant’s uploading or submission of a photo to social media for this Sweepstakes or other content submitted by an entrant for this Sweepstakes constitutes such entrant’s consent and authorization to grant Sponsor a royalty-free, irremovable, perpetual, non-exclusive license to use, manipulate, or publish such photo, entrant’s name, or entrant’s submission or content for marketing or other reasonable corporate purposes.
- 5. Employees of Sponsor, and employees of the preceding companies’ agencies, subsidiaries, advertising and promotion agencies, media agencies, and their immediate family members and/or those living in the same household of each are not eligible for this Sweepstakes and are not eligible to be selected as the Friend. Immediate family member is defined as husband, wife, children, mother, mother in-law, father, father in-law, sister, sister in-law, brother or brother in-law.
- 6. By entering into the Sweepstakes, entrants agree to abide by and be bound by these Official Rules and to accept the decisions of Sponsor as final. By the Friend accepting a portion of the Grand Prize, such Friend agrees to abide by and be bound by these Official Rules and to accept the decisions of Sponsor as final. By entering the sweepstakes, entrants agree to sign up to receive newsletters and special offers via email from Sponsor and its partners. An entrant may remove himself/herself from such emails by using the “unsubscribe” feature on one email from each company that sends you an email.
- 7. Entrants also agree to indemnify and hold Sponsor and each of its parent companies, affiliates, subsidiaries, officers, directors, agents, and employees and all others associated with the development and execution of this Sweepstakes harmless from any and all alleged and/or actual actions, demands, losses, settlements (whether or not litigation is commenced), claims, damages, and liability whatsoever, existing now or in the future, with respect to or in any way arising from this Sweepstakes or participation in any sweepstakes-related activity and/or delivery/mis-delivery, acceptance, possession, use, or misuse of a prize including, but not limited to, (A) liability for personal injury, bodily injury (including wrongful death or disability), damage to property, and damage or loss of any other kind, including, but not limited to, any such liability as a result of entrant’s guests/invitees participating in any Prize event, trip, or experience with the entrant, (B) any technical malfunction or other problems relating to the telephone network or lines, computer online systems, servers, access providers, computer equipment, or software, or (C) for the failure of any entry to be received by Sponsor, its advertising and promotion agencies for any reason including, but not limited to, technical problems or traffic congestion on the Internet or at any website or any combination of the above. Further, Sponsor and its advertising or promotion agencies, if any, will not be liable for any injury or damage to an entrant’s or any other person’s digital devices related to or resulting from participating or downloading any material in the Sweepstakes. Only the stated number of prizes set forth in these complete Official Rules will be awarded. If, for any reason, the Sweepstakes is not capable of running as planned due to, but without limitation, tampering, unauthorized intervention, fraud, human or other error, technical failures, or any other causes beyond the control of Sponsor that, in the sole opinion of Sponsor, could corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify, or suspend the Sweepstakes and to draw winner(s) from all eligible entries received as of the date of termination. Any attempt to deliberately damage any portion of this offer or to undermine the legitimate operation of this Sweepstakes is a violation of criminal and civil laws, and should such an attempt be made, Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law, including criminal prosecution. Neither Sponsor nor its affiliates are responsible for stolen, lost, late, misdirected, damaged, incomplete, illegible, or postage-due mail or entries; or for transactions that are processed late or incorrectly, or are lost due to any reason. Sponsor reserves the right to disqualify entrants who fail to follow these Official Rules or who make any misrepresentations relative to the Sweepstakes and prize redemption. Sweepstakes void where prohibited by law. Sponsor reserves the right to substitute prizes of equal or greater value. By participating in this Sweepstakes, entrants agree to be bound by the Official Rules and the decisions of Sponsor and any of its representatives or affiliates. All winners and winners’ Friend, by acceptance of a prize, agree to release Sponsor and its affiliates and advertising, promotional or judging agencies, if applicable, from any and all liability, claims, or actions of any kind whatsoever for injuries, damages or losses to persons or property (including third parties mentioned or shown in content submitted for this Sweepstakes), including, without limitation, personal injury or death, and claims based on publicity rights, privacy or defamation, which may be sustained in connection with the receipt, ownership or use of the prize or while preparing for, participating in, and/or traveling to any prize-related activity or any typographical or other error in the printing of these Official Rules or the offering or announcement of any prize.
- 8. By claiming the Grand Prize, the winner and the winner’s Friend authorize the use, without additional compensation of his or her name and/or likeness and/or voice/photograph, content submitted for this Sweepstakes, and municipality of residence for promotion and/or advertising purposes in any manner and in any medium (including, without limitation, radio broadcasts, newspapers and other publications and in television or film releases, slides, videotape, distribution over the Internet (including over social media) and picture data storage) which Sponsor may deem appropriate. For the avoidance of doubt, this authorization includes the right for Sponsor or a photographer working on behalf of Sponsor or an affiliate of Sponsor to take the Grand Prize winner and the Grand Prize winner’s Friend’s picture and to publish such pictures.
- 9. Sponsor will report all prize winnings to the appropriate state and federal agencies as required by applicable law. Winners are responsible for all other associated costs in connection with the prize, including tax consequences (if any). If applicable, a winner will be issued an IRS Form 1099 for the value of the prize. Each winner and Friend agrees to permit Sponsor to use his/her name and likeness in promotional and other Sponsor materials, without additional compensation or permission, except where prohibited by law.
- 10. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the substantive laws of the State of North Carolina, USA, without regard to choice of law rules.
- 11. Except where prohibited by law, as a condition of participating in this Sweepstakes, Entrant agrees that (1) any and all disputes and causes of action arising out of or connected with this Sweepstakes or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively, by final and binding arbitration under the rules of the American Arbitration Association and shall be held at the AAA office located in Miami, Florida; (2) the Federal Arbitration Act shall govern the interpretation, enforcement, and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, or consequential damages, or any other damages, including attorney’s fees, other than entrant’s actual out-of-pocket expenses (i.e., costs associated with entering this Sweepstakes), and entrant further waives all rights to have damages multiplied or increased. Some jurisdictions do not allow the limitations or exclusion of liability for incidental or consequential damages, so a portion of the above may not apply to you. Except where prohibited, by participating in this Sweepstakes, entrant agrees that any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, or awarding of the prize, shall be resolved individually, without resort to any form of class action.
- 12. Sponsor: Tamara Mellon, Inc. located at 801 Westmount Dr., West Hollywood, CA 90019 is the “Sponsor” of this Sweepstakes.
- 13. To receive a prize winner list send a self-addressed stamped envelope to: Tamara Mellon Miami Experience Sweepstakes Winners List, 801 Westmount Dr., West Hollywood, CA 90019. Requests must be postmarked after October 1, 2017.
- 14. The Official Rules are available at https://www.tamaramellon.com/blogs/notes/sweepstakes-fearless A copy of the Official Rules may also be obtained by printing this web page.
- 15. This Sweepstakes is in no way sponsored, endorsed, administered by, or associated with any social media platform, including, but not limited to, Instagram, Facebook, Twitter, Snapchat, YouTube, or Pinterest (collectively, the “Social Media Platforms”). Each entrant is providing information to Sponsor and not to a specific Social Media Platform. Each entrant hereby releases the Social Media Platforms from any and all liability arising out of or in connection with this Sweepstakes.
How does “Try Before You Buy” work? You can try our shoes risk-free. Here’s how it works: choose your size and style, enter your credit card, and your shoes will be on their way. You will not be charged for the shoe unless you decide to keep them. You have 7 days to try them on and see how beautiful they look on your foot! If you love the shoe and decide to keep it, you will be charged the cost of the shoe at the end of 7 days. If you decide this shoe is not your perfect fit, you can return it within the 7 day window, and you will not be charged.
Can I really try it on? Yes! However please note our shoes are precious, so try them on a carpet and soft surface in order to ensure you protect the soft sole of the shoes. We cannot accept the return if the shoes are at all damaged.
How do payment and returns work? You have 7 days from the date you placed your order to decide if you want to keep your shoes. If we don’t hear from you within 7 days, we’ll know it’s a perfect fit and your card will be charged the full amount of the shoe. California residents will be subject to additional sales tax. Returns must be initiated within 7 days from the date you placed your order and have to be unworn and not damaged. Returns under any circumstance will be not accepted after the 7 day period has concluded. At the time you place your order a pre-authorization will be placed on your card to validate your form of payment. This pending charge will fall off of your statement within a few days (it varies by bank).
When does my 7 day Try Before You Buy period start? Your Try Before You Buy starts the day you place your order. You’ll have 7 days from then to try on and love your shoes.
What if it doesn’t fit? If you know right away that you'll need a different size let us know! We want to work with you to get you your best fit ever, and exchange shipping is always free. Our fit stylists are available to chat with live on our website from 9am-6pm PST, Monday - Friday. You can also contact us through our customer service you have any questions!
How do I make a return or exchange? You can make a return or exchange by emailing client services email@example.com or calling us at (866) 419-5500. We will guide you through the returns and exchange processes. Returns must be initiated within 7 days from the date you placed your order and have to be unworn and not damaged. To avoid damaging, try them on a carpet and soft surface in order to ensure you protect the soft sole of the shoes.
Why did you charge my card at the start? We initiate a temporary pre-authorization at the time of checkout to validate your form of payment. This pending charge of $1 will never be processed and will fall off of your statement within a few days (varies by bank).
Is this a subscription? No, this is a one-time delivery, and you’ll only be charged for the shoe if you decide to keep it. You’re always welcome to place orders with us in the future but the Try Before You Buy program is a one-time only program.
22. Influence Program
Tamara Mellon’s Influence Program is open by invitation-only to select existing customers that are 18 years of age and older and are legal residents of the United States of America. Unique codes will be assigned by Tamara Mellon’s Client Services Team, and every customer in the Influence Program (an “Influencer”) has their own. There is no limit to how many times the Influencer’s unique Influence Program code may be shared and used, but an Influencer may not spam others and may only share their unique code with close friends and family. An Influencer may not share posts with the code using the terms, “coupon,” “code,” “promo code,” “discount code,” “voucher code,” or “voucher.” An Influencer must not market or promote this program through paid advertising channels or to the public at large. An Influencer that shares his/her code with a person that becomes a Tamara Mellon customer for the first time by buying a product with the Influencer’s code will be given a $100 Tamara Melon credit. Once an Influencer’s unique Influence Program code is used by a new customer, the $100 thank you credit will be applied to such Influencer’s existing account within 60 days. If a new customer returns their qualifying order within 30 days, the $100 thank you credit will not be applied or will be rescinded, as applicable. Any Tamara Mellon credit given to an Influencer has no official monetary value and cannot be exchanged, transferred, redeemed, replaced or refunded for cash. If an Influencer closes their Tamara Mellon account, then any credit from this Influence Program reverts back to Tamara Mellon. If you fail to comply with these Terms and Conditions, your participation in the Influence Program may be cancelled and you may lose any earned Tamara Mellon credit. Restrictions may apply. Tamara Mellon reserves the right to cancel, modify or terminate the Influence Program at any time for any reason. The Influence Program is provided on an “as-is” basis. Each Influencer agrees that by participating in the Influence Program, that to the fullest extent possible by law, Tamara Mellon’s maximum liability arising out of or in connection with the Influence Program, regardless of the cause of action (whether in contract, tort, breach of warranty, or otherwise), will not exceed $500.