The terms and conditions stated herein (collectively, the “Terms and Conditions of Use”) constitute a legal agreement between you and Forever B LLC (doing business as Tom & Jenny’s), a North Carolina limited liability company (the “Company”). By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use and any future amendments and additions to these Terms and Conditions of Use. You also agree to be bound by all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trademark law.
The Company reserves the right to modify the Terms and Conditions of Use or its policies relating to the Service or Software at any time, effective immediately upon posting of an updated version of these Terms and Conditions of Use on our website. You are responsible for regularly reviewing these Terms and Conditions of Use. Continued use of the website after any such changes shall constitute your consent to such changes. If you require any more information or have any questions about our Terms and Conditions, please contact us by email at info@tomandjenn
2. Use License
a. Permission is granted to temporarily download one copy of the materials (information or software) on Tom & Jenny’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
i. modify or copy the materials;
ii. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
iii. attempt to decompile or reverse engineer any software contained on Tom & Jenny’s web site;
iv. remove any copyright or other proprietary notations from the materials; or
v. transfer the materials to another person or “mirror” the materials on any other server.
b. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Tom & Jenny’s at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The materials on Tom & Jenny’s web site are provided “as is”. Tom & Jenny’s makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Tom & Jenny’s does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
In no event shall Tom & Jenny’s or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Tom & Jenny’s Internet site, even if Tom & Jenny’s or a Tom & Jenny’s authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The materials appearing on Tom & Jenny’s web site could include technical, typographical, or photographic errors. Tom & Jenny’s does not warrant that any of the materials on its web site are accurate, complete, or current. Tom & Jenny’s may make changes to the materials contained on its web site at any time without notice. Tom & Jenny’s does not, however, make any commitment to update the materials.
Tom & Jenny’s has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Tom & Jenny’s of the site. Use of any such linked web site is at the user’s own risk.
8. Governing Law
Any claim relating to Tom & Jenny’s web site shall be governed by the laws of the State of North Carolina without regard to its conflict of law provisions.
General Terms and Conditions applicable to Use of a Web Site.
Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
We will collect and use personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
We will only retain personal information as long as necessary for the fulfillment of those purposes.
We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
We will make readily available to customers information about our policies and practices relating to the management of personal information.
We may share personal information about you with others only with your consent.
We may also share information with companies that provide support services to us (such as credit card processors, mailing houses or website hosts) and that help us market our products and services (such as email vendors or digital advertising services). These companies may use information about you to perform their functions on our behalf.
If you participate in any blog or other online forum on our Sites, any personal information that you post on our Sites may be shared with other forum participants and Site visitors.
In the event of a merger, acquisition, financing, or sale of assets or any other situation involving the transfer of some or all of our business assets, Tom & Jenny’s may disclose personal information to those involved in the negotiation or transfer.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.
TERMS AND CONDITIONS OF SHARE THE LOVE CAMPAIGN (JANUARY 12 – FEBRUARY 14, 2017)
- No Purchase Necessary – Prior or future purchase of Tom & Jenny’s products will in no way influence awarding of points.
- Campaign Description – The Share the Love campaign is being sponsored by Forever B, LLC (DBA Tom & Jenny’s Candy). This campaign gives followers of Tom & Jenny’s Candy a chance to earn points toward earning 5 successive tiers of rewards by signing up for our email newsletter and sharing Tom & Jenny’s with their friends. The campaign will run from 12:00 AM ET on 1/12/17 to 11:59 PM ET on 2/14/17.
- Eligibility – Only individual natural persons (not corporations), 18 years and older, living in the United States are eligible to earn rewards. Each individual may enter the contest only once. Individuals who sign up shall hereinafter be referred to as “Enrollees”. If Enrollees living outside of the United States earn rewards, they will be given the opportunity to provide a US shipping address to receive their prizes. Campaign rewards can not be shipped beyond the United States. Each Enrollee may earn points by generating referrals through his or her unique campaign link (provided automatically upon sign-up). Points are awarded for referrals who sign up with a valid, verified email and unique IP address only.
- Fraud – Our system will automatically invalidate entries from duplicate IP addresses or that are deemed to be fraudulent. Fraudulent entries may fall into several categories: entries created using fake, non-operational, or otherwise defunct email addresses; many entries created by the same individual; entries created using “disposable” or “burner” email addresses; entries not belonging to natural, biological human beings; entries created by an automated program, large group of individuals, or other means meant to manipulate or work around campaign fraud prevention safeguards. Additionally, the Share the Love campaign uses a two-step email verification process. Enrollees who sign up, but fail to verify their email address will not count toward a referring Enrollee’s points total, until they have verified their address. Tom & Jenny’s Candy Company may, at it’s discretion, disqualify any concest participant who is found to be committing fraud. Determinations of fraud will be made by Tom & Jenny’s Candy Company at the conclusion of the contest period and at the company’s discretion, based on available evidence. Tom & Jenny’s may also invalidate any entries from suspicious or unverified email addresses or which we have reason to believe are “mass submission” by the same individual or group of individuals.
- No postings to outside blogs or websites without authorization – Without express authorization of Forever B, LLC (DBA Tom & Jenny’s Candy), the sponsor of the Share the Love Campaign, no third party blog (e.g., freebie or coupon blogs) or corporate entity may re-post this campaign to its followers. This includes postings by individual users to any blog or website without first obtaining permission from Tom & Jenny’s. If Tom & Jenny’s discovers unauthorized postings of our campaign, violators of this term will be notified immediately with a cease and desist notification requiring the individual responsible for the post or owner / operator of the third party blog or website to pull down such postings. Refusal to comply may result in legal action.
- Prizes and Prize Limits – Five tiers of rewards will be distributed at the following points levels. Rewards will be distributed only at the conclusion of the contest period, and no later than March 30, 2017. Prior to distribution of rewards, Tom & Jenny’s Candy Company will request Enrollees who have earned any reward to provide a valid physical mailing address located in the United States where their rewards may be shipped.
- 5 points – 1 free 20 ounce bag of Tom & Jenny’s chocolate caramels (Limit: first 200)
- 10 points – $25 gift certificate valid toward any purchase on tomandjennys.com (Limit: first 100)
- 15 points – $50 gift certificate valid toward any purchase on tomandjennys.com (Limit: first 50)
- 25 points – Become a member of Tom & Jenny’s “Tasters Club” which entitles members to receive free samples from Tom & Jenny’s new product development test batches. Amounts, types of candy samples, and dates of shipment will depend upon Tom & Jenny’s product development schedule. (Limit: first 25)
- 50 points – Receive one free birthday gift basket for Enrollee and 5 friends, to be designated by the Enrollee. Gift baskets will be assembled with Tom & Jenny’s Candies and will be shipped prior to the next birthday of each of Enrollee and Enrollee’s designated friends. (Limit: first 15)
- Reward Methodology – This is not a game of chance. Rewards are based upon achievement of points only. Enrollees will be deemed to have earned rewards if they achieve the requisite number of valid referrals for each reward.
- Reward Notification and Term to Claim Rewards – As Enrollees achieve points and reach each successive reward level, they will be notified by email. These email notifications do not constitute a legally enforceable offer or contract concerning fulfillment of the specific reward. Rather, they are merely intended as a notification to each Enrollee about the number of referrals they have signed up and progress toward subsequent reward tiers. The final determination of points will be made by Tom & Jenny’s Candy on or after conclusion of the contest. At that point, the Company may choose to invalidate any entries with evidence of fraud. At the conclusion of the campaign, Enrollees will be contacted by email and asked to provide a physical address within the US to receive physical rewards, as well as any other necessary information (e.g., mailing addresses for designated birthday gift basket recipients). Gift certificate prizes will be sent to Enrollee’s email address on file. Enrollees will have until May 31 to respond with requested information to claim their rewards.
- Limitation of Liability – Forever B, LLC (the “Sponsor”) is not responsible for incorrect or inaccurate transcription of information, for problems related to any of the equipment or programming associated with the Program or utilized by the Enrollee, for any human error, for any interruption, deletion, omission, defect, or line failure of any telephone network or electronic transmission, for problems relating to computer equipment, software, inability to access the Website or online service, or for any other technical or non-technical error or malfunction. In the event of a printing error or irregular packaging, neither Sponsor, its related companies, parents, subsidiaries, affiliates, and respective agents and their agencies, suppliers and other companies involved in the development or execution of the Program or the production or distribution of Program materials (“Releasees”) shall have any liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ANY OF THE RELEASEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROGRAM OR PRODUCTS OFFERED THROUGH THE PROGRAM, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF SPONSOR IMPROPERLY DENIES AN ENROLLEE ANY POINTS, LIABILITY WILL BE LIMITED TO THE EQUIVALENT AMOUNT OF POINTS. BY PARTICIPATING IN THE PROGRAM, AN ENROLLEE WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM BEYOND 1 YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED. Sponsor, its related companies, parents, subsidiaries and affiliates, and each of their respective officers, directors, employees, shareholders, promotion agencies, agents, successors, assigns, and service providers, are not responsible for any products or services offered by Rewards providers. TO THE FULLEST EXTENT ALLOWABLE BY LAW, THE RELEASEES SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS AND/OR SERVICES OFFERED BY ANY REWARDS PROVIDER, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to all Enrollees. Enrollees agree to rely solely on the manufacturer’s warranties, if any, for any Rewards redeemed through this Program.As a condition of participating in this Program, Enrollee agrees that: (a) any action at law or in equity arising out of or relating to these Terms and Conditions or the Website shall be filed, and that venue properly lies, only in state or federal courts located in Durham, North Carolina and Enrollees hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Program, but in no event attorneys’ fees; and (c) under no circumstances will Enrollee be permitted to obtain awards for, and Enrollee 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.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of North Carolina and the laws of the United States, without giving effect to any principals of conflicts of law. Sponsor makes no representation that the content on the Website is appropriate or available for use in any particular location. Those who choose to access the Website act on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.
These Terms and Conditions constitute the entire agreement between Enrollees and Sponsor pertaining to the subject matter hereof and supersedes all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of these Terms and Conditions shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall waiver constitute a continuing waiver unless otherwise expressly provided.
If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect.