RIGHTS IN MATERIALS
As between you and DKC, DKC owns the Properties, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, software, etc.), code, data and materials on the Properties, and the look and feel, design and organization of the Properties. This includes all intellectual property and proprietary rights in these materials. When you use or download the Properties you do not acquire any ownership of any such content, code, data or materials.
The Properties are only for your personal, non-commercial use. You may not make any commercial use of the Properties, or any content, code, data or materials on the Properties, unless you have received our prior written permission.
Except as we expressly permit, you may not download, display, copy, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on the Properties. Doing so may violate or infringe copyright and other laws of the United States of America and other countries, as well as applicable local and state laws, and may subject you to liability for such unauthorized use. We will enforce our intellectual property rights to the fullest extent of the law, including by seeking criminal prosecution.
The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on the Properties are registered and unregistered Trademarks of DKC or its affiliates (or other rights holders) and may not be used in any manner that is likely to cause customer confusion, or that disparages or discredits DKC or the applicable rights holder. You do not receive, by implication or otherwise, any license or right to use any Trademark displayed on the Properties without our prior written permission.
USE OF THE PROPERTIES
Our goal is to create a positive and safe experience when you and others use the Properties. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. When you use the Properties, you may not:
violate any law or regulation; violate or infringe any other party’s intellectual property, privacy, publicity, or other legal rights; transmit anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable or inappropriate; make statements or post materials that are false or misleading; collect or store personal data about other users; send unsolicited or unauthorized advertising or commercial communications, such as spam; transmit any malicious or unsolicited software; stalk, harass, or harm another individual; impersonate or misrepresent your affiliation with someone else; use any means to "scrape," "crawl," or "spider" any web pages contained in Properties (although DKC may allow operators of public search engines to use spiders to index materials from Properties for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials, and DKC reserves the right to revoke these exceptions either generally or in specific cases); use automated methods to send more requests to DKC servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser; or interfere with or disrupt the Properties.
USER GENERATED CONTENT
As between you and DKC, you own and are entirely responsible for any data, text, software, music, sound, photographs, graphics, images, videos, messages, or other content or materials that you may submit, transmit or otherwise make available on or through any Properties (collectively, "User Content"). All User Content is and will be considered non-confidential and non-proprietary. You acknowledge and agree that you waive any moral (or similar) rights that you may have in any territory in respect of User Content, including but not limited to the right to be attributed as the author of the User Content and the right not to have the User Content edited or changed in a way you are not happy with.
UTILIZING USER CONTENT
If you provide us with any ideas, know-how, concepts, techniques, comments, criticisms, reports, or other feedback other than User Content ("Feedback"), whether oral or written, we may use them for any purpose. We may do so without notice to you and without paying any compensation to you. All Feedback is and will be considered non-confidential and non-proprietary.
MONITORING AND MANAGING USER CONTENT
DIGITAL MILLENNIUM COPYRIGHT ACT
DKC respects the intellectual property rights of others. Upon proper notice, DKC will remove User Content or other applicable content that violates copyright law and terminate the accounts of repeat infringers. Pursuant to 17 U.S.C. § 512, DKC has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your work has been copied in a way that constitutes copyright infringement, please send DKC’s copyright agent (listed below) a notification of claimed infringement with all of the following information:
(e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
Intellectual Property Counsel
(c) The Donna Karan Company LLCand The Donna Karan Company Store LLC
240 West 40th Street
New York, NY 10018
LINKING; THIRD PARTY WEBSITES
Please note that this section on Indemnification does not apply to consumers located in New Jersey.
We may, at our own expense, assume the exclusive defense and control of any matter otherwise subject to compensation by you, and in such case, you agree to cooperate with our defense of such claim.
This provision does not require you to indemnify DKC for any unconscionable commercial practice by the third party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Properties.
AGREEMENT TO ARBITRATE DISPUTES AND CHOICE OF LAW
Effective Date: January 16, 2017
TERMS OF SALE
ORDERS FOR PRODUCTS AND SERVICES
We have made every effort to display our products and their colors as accurately as possible. However, the displayed colors of the products will depend upon the technical specifications and settings of the computer and monitor of the user, and we do not guarantee that the actual colors of the products will be accurately displayed on the user’s monitor. Products displayed may be out-of-stock, discontinued or otherwise unavailable, and prices are subject to change. We are not responsible for typographical errors regarding price or any other matter, and we cannot guarantee that any descriptions are totally accurate, complete, reliable or error-free. The Products sold are supplied for your domestic and private use only. You agree that you will not use the Products for any commercial, business or re-sale purposes.
ORDERING AND AVAILABILITY
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days after the date of the Dispatch Confirmation, unless there are exceptional circumstances.
Your order will be delivered to the delivery address you specify when placing your order.
If your delivery address is geographically remote, for example certain outlying islands or other isolated locations, it is possible that we may not be able to deliver there. If that is the case, we will notify you before we accept your order. We reserve the right not to deliver to any country, including any country that is prohibited by applicable export laws. Orders cannot be delivered to PO Box or similar addresses.
Products comprised within the same order cannot be delivered to different addresses.
Deliveries are made by our trusted courier and take place on Monday to Saturday (or other normal working week days in countries that do not follow a Monday-Friday working week), excluding bank and public holidays, usually within the hours of 8am and 5pm. It is not possible to specify a precise time at which a delivery will take place. Please note that the courier may require deliveries to be signed for.
If you order Product(s) for international delivery, they may be opened and inspected by customs authorities and may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. In the event that you return an item, the import duties will be refunded if they were originally included in the purchase price. If they were not included then you will responsible for reclaiming duty directly from your local customs office.
Please also note that you must comply with all applicable laws and regulations of the country for which the Product(s) are destined. We will not be liable for any breach by you of any such laws.
CLICK & COLLECT
- Add an item to your shopping basket and go to checkout.
- At the checkout, select “Collect in DKNY Full Price”
- Select a convenient DKNY Full Price store from the list of participating DKNY Full Price store
- Enter your details and complete the secure online payment
- We'll email you when your order is dispatched and also when it's ready to collect
- Take ID with your full name and 'your order is ready to collect' email to the DKNY Full Price store. You can print this off or show the email on your smartphone.
- Your order will be held at your chosen DKNY Full Price store for 10 days before it is returned for a refund.
RISK AND OWNERSHIP
The Product(s) ordered will be at your risk from the time of delivery or collection (as the case may be). Ownership of the Product(s) ordered will also pass to you on delivery or collection (as the case may be), provided full payment of all sums due in respect of the Product(s), including any delivery charges, has been received.
PRICE AND PAYMENT
RETURN OF PRODUCTS
If any Product you order is damaged or faulty when delivered to you or has developed a fault, you may have one or more legal remedies available to you, depending on when you make us aware of the problem, in accordance with your legal rights. If you believe a Product was delivered damaged or faulty or has developed a fault, you should inform us as soon as possible, preferably in writing, giving your name, address and order reference. Nothing in this section affects your legal rights.
SWEEPSTAKES & CONTESTS
DKNYSS17 Contest (the “Contest”)
NO PURCHASE NECESSARY. Open to legal residents of the fifty (50) United States and District of Columbia, age 18 or older. Employees of The Donna Karan Company LLC (“DKNY” or “Sponsor”), its parent, subsidiaries, affiliates, advertising & promotion agencies & members of the press covering the Contest (collectively with Instagram, LLC, “Released Parties”) & members of their immediate family (spouse, parent, children, siblings & their respective spouses, regardless of where they reside) & persons living in the same household, whether or not related, are not eligible. Void where prohibited. Subject to all applicable federal, state & local laws.
HOW TO ENTER: Sponsor has embedded images of the DKNY Spring 2017 Campaign (the “Campaign”) in six (6) undisclosed locations throughout New York City. Clues identifying each of the six locations will be released on DKNY’s Instagram account on January 29, 2017. To enter, participants must correctly identify and visit each location and post an Instagram photo featuring the Campaign in each location using the hashtag #FINDBELLADKNY during the Program Period. Entry submission will open at 12:00 a.m. Eastern Standard Time (“EST”) on January 29, 2017 and all entries must be received by 11:59 p.m. EST on January 29, 2017 (the “Program Period”). To be eligible, participants must be available to attend, and arrange for personal transportation to/from, an in-store event at the DKNY Soho location in New York City on February 1, 2017 from 6:00-8:00 p.m.
To access location clues during the Promotion Period, you must follow @DKNY on Instagram. Your account must be set to “public” in order for your entry to be eligible. If you do not have an Instagram account, establishing an account is free. All Instagram terms apply. You can unfollow @DKNY and return your account to “private” any time after the winner has been announced. Entries generated by script, macro or other automated means or by any means which subvert the entry process are void. Limit one (1) set of entries (5 Instagram posts) per person/Instagram account. Multiple sets of entries will be void. Entries become the sole property of Sponsor.
ENTRY REQUIREMENTS: Entry must be in keeping with Sponsor’s image & not be offensive or inappropriate, as determined by Sponsor in its sole discretion. Entry must not defame or violate or infringe upon the rights of any person or entity. Sponsor reserves the right to disqualify any entry and remove any post that it determines, in its sole discretion, is not in compliance with these Official Rules.
WINNER DETERMINATION: One (1) winner will be selected on January 30, 2017 from all eligible entries received. Entries will be judged by employees of Sponsor based on creativity, originality and embodiment of the DKNY brand. Winner will be selected on January 30, 2017. Odds of winning depend on the number of eligible entries received.
WINNER NOTIFICATION: Winner will be notified via email or Instagram direct message & he/she will have 6 hours from notification to respond to Sponsor. Failure to respond to such notification or noncompliance with these Official Rules may result in disqualification, and, at Sponsor’s sole discretion, prize may be awarded to an alternate winner. To claim the Prize and be declared the official Winner, the potential winner must sign and return to Sponsor an Affidavit of Eligibility within 1 day of selection, or the Prize may be irrevocably forfeited and an alternate winner may be selected.
Prize: One (1) $4,500 DKNY gift card and a personal meet-and-greet with Bella Hadid on February 1, 2017 at the DKNY Soho location during an in-store event. Approximate Retail Value (“ARV”): $4,500. Prize is non-assignable and nontransferable and cannot be redeemed for cash. Prize is awarded “as is” with no warranty or guarantee, either express or implied. Winner is responsible for all federal, state & local taxes (including any income and/or withholding taxes) as well as any costs and expenses associated with prize acceptance and use not specified herein as being provided. Winner may not substitute a prize, but Sponsor reserves the right, at its sole discretion, to substitute a prize with one of comparable or greater value. All prize details are at Sponsor’s sole discretion.
GRANT OF RIGHTS: By submitting an entry, each entrant grants to Sponsor and its licensees, successors and assigns an irrevocable, perpetual, unlimited, royalty-free, fully paid-up license to reproduce, distribute, display, exhibit, exploit, perform, edit, create derivatives of, & otherwise use the entry & all elements of such entry, together with any other material, and the name, Instagram user name, city & state of residence, voice, image and/or likeness of entrant (including, but not limited to, Instagram profile photo), in any & all media now known or hereafter devised, in any manner, in whole or in part, worldwide, without compensation or additional notification to, or permission from, entrant or any third party, for any purpose whatsoever, including without limitation, for purposes of advertising or trade.
DISPUTES: Each entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded, other than the administration of the Contest or the determination of winner, which is in Sponsor’s sole and exclusive discretion (and shall not be the subject of any dispute), shall be resolved with you individually, without resort to any form of class action, and exclusively by the state or federal courts located in the County of New York, State of New York; (2) any and all claims, judgments and awards against Sponsor and in your favor shall be limited to actual out-of-pocket costs incurred by you, including costs associated with entering this Contest, and in no event shall entrant be entitled to receive attorneys' fees or other legal costs; and (3) under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim punitive, incidental or consequential damages or any other damages, including any or all rights to have damages multiplied or otherwise increased, other than for actual out-of-pocket expenses. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations you and/or the Sponsor have in connection with this Contest, shall be governed by, and construed in accordance with, the substantive laws of the State of New York, applicable to agreements made and wholly performed in the State of New York.
Winner’S NAME: For three (3) months after the Prize is conclusively awarded, the surname and country of the winner may be obtained by sending a self-addressed envelope to: The Donna Karan Company LLC, 240 West 40th Street, New York, NY 10018, Attn: Global Marketing and Advertising, Kristen Hammond. This Contest is in no way sponsored, endorsed or administered by, or associated with, Instagram. You understand that you are providing your information to Sponsor & not to Instagram.
DKNY INSIDER PROGRAM
DKNY INSIDER PROGRAM
TERMS AND CONDITIONS
THIS PROGRAM IS VOID WHERE PROHIBITED BY APPLICABLE LAW. SPONSOR RESERVES THE RIGHT TO MODIFY OR TERMINATE THE PROGRAM IN ANY MANNER, IN WHOLE OR PART, AS OUTLINED BELOW, EVEN THOUGH SUCH CHANGES MAY AFFECT POINTS ALREADY ACCUMULATED.
1. PROGRAM PERIOD. By participating in The DKNY Insider Program (the “Program”), each participant accepts and agrees to comply with these Program terms (“Terms”) and the decisions of the Donna Karan Company Store LLC (“Sponsor”), whose decisions shall be final and binding in all respects. Sponsor’s computer located in New York, New York, USA and operating according to Eastern Time is the official time keeping device for this Program. The Program may end in accordance with the termination section as set forth in Section 8 (the “Program Period”).
2. ELIGIBILITY: The Program is open only to legal residents of the fifty (50) United States, the District of Columbia, and Puerto Rico, who are 18 years of age or older at the time of participation. Officers, directors and employees of Sponsor and its respective parents, subsidiaries and affiliated companies, distributors, advertising, promotional agencies, persons engaged in the development, production or distribution of materials for this Program (collectively, “Program Parties”) and the immediate family members (parent, child, sibling, and spouse of each) of and/or persons living in the same household as such individuals (whether related or not) are not eligible to participate in the Program. No groups, clubs, newsletters, companies, or organizations may participate in this Program on behalf of the group, club, company, or organization. Participants who are under the age of majority in their jurisdiction of residence must have the permission of their parent or legal guardian to participate in this Program, and their parent or legal guardian must agree to these Terms on their behalf. This Program is void where prohibited by applicable law.
3. HOW TO ENROLL: Eligible participants may enroll in the Program during the Program Period by (a) making a purchase at a participating DKNY outlet store (“Participating DKNY Company Store”) or a participating DKNY full-price freestanding store (“Participating DKNY Store”), each in the United States; (b) indicating to a sales associate that you would like to become a member of the Program; and (c) providing a valid email address. The following DKNY stores do not participate in the Program and purchases from these DKNY locations are not eligible to earn Points: stores outside of the country listed above, specialty stores or department stores, dkny.com or any other e-commerce websites.
Limit one (1) Program account per person/email address. Anyone found attempting to use multiple/different identities, email addresses, accounts, registrations, or logins, or otherwise attempting to obtain more than one (1) Program account may be ineligible for the Program; his/her Program accounts may be cancelled; and all corresponding Points may be void, in Sponsor’s sole discretion.
4. HOW TO EARN POINTS: Eligible participants will earn one (1) point (“Point”) for every unit of currency spent on merchandise purchased at any Participating DKNY Store or Participating DKNY Company Store when the participant’s valid email address associated with the participant’s Program account is provided at the point of purchase. Participants earn points on the unit value of merchandise purchased only; no Points are earned for taxes or the purchase of gift cards.
Purchases of DKNY merchandise made at department stores, at specialty stores, or online are not eligible for this Program. Purchases that are returned are also not eligible for Points, and any Points awarded for returned merchandise will be removed from and/or credited against the participant’s account. Sponsor reserves the right to modify, terminate, change, and otherwise revise any of the ways to earn Points (as well as the corresponding details of such method including, without limitation, the amount/value of Points available and the participation status of any store), at any time. Sponsor’s decisions regarding the number of Points accumulated or available are final and binding in all respects.
Only the individual named as the primary Program account holder will accrue Points and will be entitled to access to the Program account. Points may not be combined from different Program accounts for any purpose. Each participant shall have the responsibility of ensuring that his or her Points are properly credited. Participants must present their email address at the time of all purchase, exchange, or return transactions to ensure accurate accumulation and tracking of membership points. Sponsor reserves the right to invalidate Points from a Program account if it determines that such Points were improperly credited to such Program account or obtained fraudulently. Points do not constitute property, do not entitle a participant to any vested right or interest, and have no cash value. As such, Points are not redeemable for cash, or transferable or assignable to any other person or entity for any reason. Each participant acknowledges and agrees that the decisions of Sponsor as to Points and Point receipt shall be final, binding and conclusive in all matters relating to the Program, including without limitation determinations regarding the validity of receipt of Points and other materials submitted for verification (if any).
Points are null and void and will be rejected/removed from the participant’s account if not obtained through authorized, legitimate channels. No Point receipt or redemption will be valid if such receipt or redemption is associated with any Point deemed void for any reason, including without limitation, the following: (a) Point is not verified or recognized as being validly issued by Sponsor in the Program; (b) Point is determined to be previously entered and used; (c) Point is incorrectly or incompletely entered or submitted; (d) Point was obtained in a manner deemed by Sponsor to be fraudulent or otherwise invalid; or (e) Point is otherwise void. Any unused Points remaining in a Program account after the end of the Program Period shall also be void. Except as expressly stated above, Sponsor shall have no liability or obligation with respect to any void Point.
Please allow a minimum of thirty (30) business days for Points to be credited into your Program account. You can check your Program account history for Point balances and details by contacting firstname.lastname@example.org or by visiting a Participating DKNY Company Store or Participating DKNY Store. Sponsor assumes no liability for discrepancies, omissions, inconsistencies or errors in the number of Points acquired as reported on the Website. The decisions of Sponsor with respect to Program account balances and Point transactions are final and binding in all respects.
5. HOW TO RECEIVE REWARD CERTIFICATES: Participants who reach the threshold level of Points set forth below based on corresponding purchases at a Participating DKNY Store or Participating DKNY Company Store (as applicable) will receive a DKNY store reward certificate in the amounts set forth below:
For participants who register at a Participating DKNY Company Store or DKNY STORE:
Required Number of Points to Receive Reward
Reward Certificate Amount*
Reward Certificate Redemption Locations
Reward Certificate may be redeemed at both Participating DKNY Company Stores and Participating DKNY Stores
*Maximum Reward Certificate Amount per issuance is $100. Any additional points accrued will remain in Participant’s account, and a resulting certificate will be issued in the subsequent period.
Reward certificates will be issued on an approximately monthly basis and will be sent to participants via email to the email address associated with the participant’s Program account. Reward certificate emails must be presented at time of purchase in order to be redeemed. Subject to applicable law, reward certificates expire 180 days from the date of issue and are subject to the terms and conditions specified thereon. Reward certificates may not be transferred, substituted, or redeemed for cash or gift cards. Reward certificates may not be applied to taxes or previous purchases. Points will not accrue on reward certificate amounts applied to purchases. Reward certificates used towards merchandise that is subsequently returned shall be credited to the Participant’s Program account, and any applicable reward certificates will be issued in the subsequent period. Sponsor reserves the right to substitute a reward for Points of equal or greater value, at its sole discretion. Participants are responsible for all applicable taxes as well as any other costs or expenses associated with any reward certificates received. Program benefits may not be combined with any other programs offered by Sponsor.
6. POINTS EXPIRATION: Should this Program remain in place for longer than a two (2) year period of time, and if any Program account is inactive for a two (2) year period (inactivity defined as no Points added or redeemed to/from a Program account for two (2) years), participants acknowledge and agree that Sponsor may, in its sole and absolute discretion, and subject to applicable law terminate such Program account and any Points associated with such Program account. Unless notice is required by applicable law, Sponsor is not obligated, and will not provide notice of such inactivity or termination to participants. Sponsor reserves the right, at any time, to increase or decrease the length of the inactive period from two (2) years. Notice of such revisions shall be posted on the Website at www.dknyinsider.com.
Participants must redeem and use all Points before expiration or the effective date of termination; any unused Points remaining following the termination date are forfeited and have no value. Subject to applicable law, notice of early termination shall not be provided for any actions, petitions or adjudications associated with bankruptcy, insolvency, assignments to creditors or material business interruptions of Sponsor. No extensions, cash refunds or other exchanges will be allowed for expired Points.
7. LIMITATIONS OF LIABILITY: Each of the following provisions of this Section 7 apply only to the maximum extent permitted by any applicable law. Sponsor and Program Parties are not responsible for late, lost, incomplete, delayed, inaccurate, garbled, undelivered, misdirected Points, reward certificates, or other errors or problems of any kind relating to or in connection with the Program, whether printing, typographical, technical, computer, network, human, mechanical, electronic or otherwise, including, without limitation, errors or problems regarding the administration of the Program, the tabulation of Points, the issuance of reward certificates or in any Program-related materials. No responsibility or liability is assumed by the Sponsor and Program Parties for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Program or the Website: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online, mobile or other communication problems; disruptions, errors or limitations of any Internet service providers or wireless carriers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any e-mail or text transmissions to be sent or received; lost, late, delayed or intercepted e-mail or text transmissions; inaccessibility of the Website in whole or in part for any reason; traffic congestion on the Internet or Website; unauthorized human or non-human intervention of the operation of the Program, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Program, or loss, miscount, misdirection, inaccessibility or unavailability of an account used in connection with the Program. Sponsor and Program Parties are not responsible for any typographical or printing errors in any Program materials (including, but not limited to, at the Website, in email correspondence, and in advertising materials), or any inaccurate or incorrect data contained on the Website, including without limitation, the number of Points available, or any personal injury to a user, or property damage or losses of any kind which may be sustained to user's or any other person's computer equipment or mobile phone equipment resulting from participation in the Program, or use of or download of any information from the Website.
8. MODIFICATION/TERMINATION: The Program structure is subject to modification, termination, or limitation at any time, with or without notice, in Sponsor’s sole discretion, and Sponsor expressly reserves the right to establish additional means of accruing Points, to delete any or all of the currently recognized means of accruing Points, to exclude specific types of transaction therefrom or to make Points selectively available to certain participants based upon factors, in its sole discretion. Additionally, membership in the Program is offered at the discretion of Sponsor and it reserves the right to modify the Program Terms, Point redemption values, benefits, conditions of participation, rules for issuing, redeeming, retaining, using or forfeiting Points or any other aspect of the Program, in whole or part, at any time, with or without notice, even though such changes may affect the redemption value of the Points already accumulated. If for any reason Sponsor determines in its sole discretion that the Program or any aspect of the Program is no longer capable of running as planned or intended for any reason whatsoever (including, without limitation, any occurrences described in these Terms or any other causes which may corrupt or impair the integrity, security, fairness or proper conduct of the Program), Sponsor, at its sole discretion, reserves the right to cancel, terminate, suspend, postpone, delay or modify the Program in whole or in part, including without limitation, any means of earning Points or reward certificates, at any time.
9. CONDUCT: By participating in this Program, participants agree to be bound by these Terms and the decisions of the Sponsor, which shall be final and binding in all respects. Failure to comply with these Terms may result in disqualification, and the termination of the participant’s Program account and any Points associated with such Program account, in the sole and absolute discretion of Sponsor. Sponsor reserves the right at its sole discretion to disqualify any individual from participating in any aspect of the Program, and/or may cancel, suspend or block any Program account registered by such person (and void any associated Points) if Sponsor deems or suspects that such person has engaged in or has attempted to engage in any of the following: (a) acting in violation of these Terms; or (b) damaging, tampering with or corrupting the operation of the Program; or (c) acting with intent to annoy, harass or abuse any other person; or (d) use of any automated bot, script or other robotic, mechanical, programmed or automated devices to submit data to the Website; or (e) repeated attempts to participate, open Program accounts, and/or receive repetitive, void, additional, or otherwise invalid or fraudulent Points in one or more Program accounts, as determined by Sponsor; or (f) any unsportsmanlike, inappropriate, uncooperative, disruptive, fraudulent, potentially fraudulent, or unusual behavior or activity; or (g) activity deemed in the sole discretion of Sponsor to be generally inconsistent with the intended operation of the Program. CAUTION: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE OR CORRUPT ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW. Sponsor’s delay or failure to enforce any term of these Terms shall not constitute a waiver of that or any other provision.
10. RELEASES/DISPUTES: All participants, as a condition of participation in this Program, agree to release Sponsor and Program Parties from and against any and all liability, claims or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with accessing the Website or otherwise participating in any aspect of the Program, the receipt, ownership or use of any reward certificate awarded (if any), or any typographical or other error in these Terms or other Program materials (including, without limitation, on any Program website and/or account). Sponsor makes no representations or warranties of any kind concerning the appearance, or safety or performance of any item or product redeemed with participant’s Points or reward certificates (if any), except for any express manufacturer’s warranty as may be included with such item or product. As a condition of participating in this Program, each participant agrees that: (i) where permitted by applicable law, any and all disputes, claims and causes of action arising out of or connected with this Program, or any Points awarded, shall be resolved individually, without resort to any form of class action; (ii) any and all disputes, claims and causes of action arising out of or connected with this Program, or any Points awarded, shall be resolved exclusively by the federal, state, and local courts in New York, NY; (iii) 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 (iv) under no circumstances will any participant be permitted to obtain awards for, and each participant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, (“Damages”) and any and all rights to have Damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF SPONSOR’S NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.
11. JURISDICTION AND VENUE: All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms, or the rights and obligations of the participant and Sponsor in connection with the Program, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than the State of New York. By entering, participants consent to the jurisdiction and venue of the federal, state and local courts located in New York, NY.
12. SEVERABILITY: If any provision of these Terms (in whole or in part) is held to be void or unenforceable by any court or body of competent jurisdiction, then it will be void or unenforceable only to that extent, and the validity and enforceability of the other provisions of these Terms (or the remainder of that provision) shall not be affected.
13. SPONSOR: The Donna Karan Company Store LLC, 240 West 40th Street, New York, NY 10018.
Last Updated and Effective as of May 11, 2017