NO PURCHASE NECESSARY. Void Where Prohibited.
1. Eligibility: The Secret Treasures Website (the “Website”) can be accessed by anyone who: a) is at least 21 years of age (or at least the age of majority in the country of residence); and b) did not purchase any equipment for the purposes of using the Website.
2. Owner of the Website: Daniel Swarovski Corporation AG, Alte Landstrasse 411, 8708 Männedorf, Switzerland (“Owner”).
4. How to Access: The Website can be found at www.swarovski.com/secrettreasures
Registration to the Website can be done:
4.1. By using Facebook Connect: Using the Website may include a separate Facebook account registration in order to use the Facebook Connect functionality. Creating a Facebook personal account is free of charge and can be done by visiting www.facebook.com. To create a Facebook account, users must agree to the Facebook Terms and Conditions (a copy of which can be found at http://www.facebook.com/legal/terms).
The Owner does not take any responsibility for using Facebook. The Terms and Conditions of Facebook apply.
By using the Facebook Connect, User may grant other users access to it’s wishlist or it’s moodboards. User hereby accepts that creating a friends list gives friends viewing and sharing access to it’s personal wish list or moodboards.
4.2. Account registration on Website: To register with the Website, user must provide a valid e-mail address and password (together, the “User ID”), as well as certain other information if requested. User may provide only true, complete and current information. The User ID gives the user access to the personal Website Account. User may not allow anyone else to access or use it’s personal Account or User ID. User is responsible for all activities that occur under it’s personal Account or User ID.
In the event of a dispute as to any Usage, the authorized account holder of the email address used to register for the Website or the Facebook personal account will be deemed to be the User and must comply with these Official Rules. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each User may be required to show proof of being an authorized account holder.
5. Release: By accessing the Website, User agrees to release and hold harmless the Owner, Facebook, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of accessing the Website or receipt or use or misuse of any Voucher, to the greatest extent permitted by applicable law. Depending upon the law of your country of residence, this release may not apply to claims against Owner, its representatives and its vicarious agents for damages because of personal injury or death, and to claims for damages in case of intent or gross negligence by Owner, its representatives or vicarious agents.
6. General Conditions: Owner reserves the right to delete, suspend and/or modify the Website, or any part of it. Owner reserves the right in its sole discretion to suspend any individual it finds: a) to be tampering with the access processes or the operation of the Website; b) to be acting in violation of these Official Rules or any other promotion; or c) to be acting in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Website may be a violation of criminal and civil law, and, should such an attempt be made, Owner reserves the right to seek damages and other remedies (including attorneys’ fees) from any such person to the fullest extent permitted by law. Owner’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
7. Limitations of Liability: Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by User, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Website; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the Access process or the Website; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Website, the uploading, or in any Website-related materials; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from User’s Access to the Website or receipt or use or misuse of any Voucher. Released Parties are not responsible for misdirected or undeliverable Entires or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Released Parties are not responsible for any unauthorized third party use of any Access.
8. Disputes: To the fullest extent permitted by applicable law, User agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with the Website or any Voucher shall be resolved individually, without resort to any form of class action, and exclusively by Swiss courts located in Zurich, Switzerland; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with accessing the Website, but in no event attorneys’ fees; and (3) under no circumstances will User be permitted to obtain awards for, and User hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the User and Owner in connection with the Website, shall be governed by, and construed in accordance with, the laws of the Canton of Zurich, Switzerland without giving effect to any choice of law or conflict of law rules (whether of the Canton of Zurich, Switzerland or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Canton of Zurich, Switzerland.
10. Consumer Rights: Nothing in these Official Rules shall be deemed to exclude or restrict any of the User’s statutory rights as a consumer.
11. Disclosure: This Website is in no way sponsored, endorsed or administered by, or associated with, Facebook.
© 2013 Daniel Swarovski Corporation AG. All rights reserved.