SUNDAY SOMEWHERE PTY LTD
TRADING AS “SUNDAY SOMEWHERE”
(ABN 23 148 900 565)
Rebecca Taylor® and Sunday Somewhere® Sweepstakes -
Tag to Win with RT x Sunday Somewhere Sweepstakes
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
THIS CONTEST IS NOT SPONSORED, ENDORSED, OR ADMINISTERED BY, OR ASSOCIATED WITH FACEBOOK.
- Eligibility: The Tag to Win with RT x Sunday Somewhere sweepstakes ("Promotion") is open only to legal residents of the United States who are 18 years of age or older at the time of entry. Employees of Rebecca Taylor, Inc. and Sunday Somewhere, Inc. (“SUNDAY SOMEWHERE”) and of their respective parents, affiliate companies, subsidiaries, promotion agencies, suppliers and members of their immediate families, are not eligible. For purposes of this Promotion, "immediate family" is defined as spouses, parents, children, siblings and their respective spouses, regardless of whether they reside in the same household. Sponsor (hereinafter defined) does not warrant that this Promotion is valid in any particular jurisdiction. Void in Alaska, Hawaii, Puerto Rico and where prohibited by law. Residents of jurisdictions where this Promotion is prohibited are ineligible to enter or participate. Without limiting the generality of the foregoing, residents of Rhode Island are prohibited from participating in the Promotion.
- Sponsor and Prize Provider: Rebecca Taylor, Inc., 306 West 37th Street, New York, NY 10018 and Sunday Somewhere Pty Ltd, Studio 1 142 Cleveland Street, Chippendale NSW 2008, Australia.
- Timing: The Promotion begins July 19, 2017 at 12:00 AM EST and ends July 23, 2017 at 11:59 PM PST (the "Promotion Period"). All entries must be received by 12:00 AM PST on July 23, 2017. Eligibility for entry into the Promotion will cease at the applicable time and date, and all entries received thereafter will be considered disqualified and will be ineligible for participation. If Sponsor does not actually receive your entry during the Promotion Period for any reason, including without limitation those specified below, or if your entry is not submitted correctly, the entry will be invalid, and you will be ineligible to participate or win. If for any reason the Promotion is not capable of running as planned, Sponsor reserves the right, in its sole discretion, to terminate, modify, or suspend the Promotion.
- How to Enter: During the Promotion Period, eligible participants may enter the Promotion by tagging a friend in comment on @rebeccataylornyc’s designated Instagram® Promotion photo and liking both @rebeccataylornyc’s and @sundaysomewhere’s Instagram® account pages. Eligible participants must have the friend’s permission before tagging. Limit one entry per person. No more than one person can enter using the same Instagram® account. Use of any automated system to participate is prohibited and will result in disqualification. All entries become the sole property of Sponsor, and none will be returned.
- Entry Errors: Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, or unauthorized access to, or alteration of, entries. Further, Sponsor shall not be responsible for lost, late, incomplete, damaged, stolen, invalid, unintelligible or misdirected entries, which will be disqualified. Sponsor is not responsible if online service or equipment is interrupted including without limitation (1) interruptions to any network, server, Internet, Web site, telephone, satellite, computer or other connections, (2) failures of any telephone, satellite, hardware, software or other equipment, (3) garbled, misdirected or jumbled transmissions, or traffic congestion, (4) other errors of any kind, whether human, technical, mechanical or electronic, (5) the incorrect or inaccurate capture of information or the failure to capture any such information, or (6) printing or typographical errors.
- Selection of Winner: A random drawing will be conducted on or about July 24, 2017 from all eligible entries received. Odds of winning depend on the number of eligible entries received. Potential prize winner will be notified via Instagram® direct message. Entrants are responsible for insuring that all Instagram® account information is up-to-date and accurate. Non-compliance with any of the rules set forth herein, including any prize notice returned as undeliverable, will result in the disqualification of the potential prize winner, and an alternate winner will be selected. The entrant initially selected as the potential winner will be notified within 10 days of the end of the Promotion Period. Sponsor’s decisions as to the random drawing are final, and no correspondence will be entered into. Sponsor is not responsible for, and shall not be liable for, late, lost, misdirected, or unsuccessful efforts to notify the winner. The name of the winner can be obtained by sending a self-addressed stamped envelope to:
Tag to Win with Rebecca Taylor X Sunday Somewhere
Rebecca Taylor, Inc.
306 West 37th Street
New York, NY 10018
Sponsor reserves the right to verify the eligibility qualifications of the winner.
- Prize: One (1) winner will be awarded two (2) SUNDAY SOMEWHERE pair of sunglasses valued at $280. Total approximate retail value of the Prize is approximately $550. Merchandise subject to change based on availability. Specific sizes and colors may not be available. The prize is non-transferable, non-refundable, and not redeemable for cash. The prize is awarded AS-IS and WITHOUT WARRANTY OF ANY KIND, expressed or implied, including, without limitation, any implied warranty of merchantability or fitness for a particular purpose.
- Acceptance of Official Rules: As a condition of entry, participants fully and unconditionally agree to these Official Rules and the terms and conditions contained herein, and to Sponsor's decisions consistent therewith, which are final and binding in all respects and in Sponsor’s sole discretion. Sponsor’s failure to enforce any provision of these Official Rules shall not constitute the waiver of such provision.
- Disputes: In the event of a dispute, the person to whom the Instagram® account used to enter the Promotion was registered will be deemed the winning entrant. Potential winner may be required to show proof of identification in conjunction with prize award/acceptance.
- Substitution, Taxes: No assignment or transfer of prize will be permitted, except at Sponsor’s sole discretion. WINNER IS SOLELY RESPONSIBLE FOR THE REPORTING AND PAYMENT OF ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OF PRIZE.
- Potential Winner: Publicity. As a condition of entry, eligibility, and, if you are selected as the winner, acceptance of the prize, you grant your consent to Sponsor and its respective agents to collection, processing, use, and disclosure of your name, likeness, voice, biographical information, and any other information contained in your entry for publicity or advertising in any media or manner, without payment, consideration, notice or approval and without geographic or time limitation, except where prohibited by law. Within fourteen (14) days of receipt of written prize notification, you will be required to sign and return to Sponsor a consent and release agreement. Additionally, entrant’s friend will be required to sign and return to Sponsor a consent and release agreement incorporating these Official Rules. Rebecca Taylor will request email address from winner via Instagram direct message and send release form.
- Liability: By entering and/or participating in the Promotion and/or by accepting the prize, each entrant agrees that Sponsor and SUNDAY SOMEWHERE, as well as each of their parents, subsidiaries, affiliated companies, shareholders, directors, officers, employees, successors, assigns, and all its advertising and promotion agencies, as well as Facebook, Inc. (collectively, “Parties”), will have no liability whatsoever in connection with this Promotion to the greatest extent permitted by law. The Parties shall be held harmless for any and all injuries, losses or damages of any kind that entrant or others may incur as a consequence of entrant’s participation in the Promotion or entrant’s acceptance, possession, use, or misuse of the prize. By entering the Promotion and/or by accepting the prize, entrant explicitly releases, discharges and holds harmless the Parties one and all, from any and all liability, actions, causes of action, damages, actual, incidental or consequential, claims and demands whatsoever in law or equity, including attorneys' fees and/or experts’ fees and costs, which he/she now has or may acquire, by reason of any personal injury, death, loss of or damage to property, or any reason, occurring during or arising out of his/her participation in the Promotion and the acceptance, possession, use, or misuse of the prize. The Parties shall not be responsible for any injury or damage to persons or property, which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Promotion or acceptance, possession, use, or misuse of the prize.
- Conditions of Participants’ Conduct. Sponsor reserves the right in its sole discretion, to modify, cancel, terminate, and/or suspend the Promotion and to disqualify any individual who tampers with the entry process, violates these Official Rules, or acts in a disruptive or unsportsmanlike manner. In the event that the Promotion is terminated early, Sponsor will make the prize available to be won among all eligible persons who entered prior to the date of termination and notice of such action will be posted on the @rebeccataylornyc Instagram® account page. Without limiting the foregoing, Sponsor may lock out any entrant who, in Sponsor’s sole judgment, has been disqualified, has questionable eligibility or is otherwise ineligible to enter. ANY ATTEMPT BY A PARTICIPANT TO DELIBERATELY DAMAGE THE PROMOTION WEBSITE OR ANY OTHER WEBSITE AFFILIATED WITH THE SPONSOR, OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINARL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
- Disputes/Choice of Law: Except where prohibited, each entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or the awarding of the Prize shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in New York, NY, and entrant hereby consents to the exercise of personal jurisdiction thereby; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees; (3) no punitive, incidental, special, consequential or other damages, including without limitation, lost profits, may be awarded (collectively, "Special Damages"); and (4) entrant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased. New York Law, without reference to choice of law rules, governs the Promotion and all aspects related thereto.
- Right of Non-Participation: Pursuant to federal law, any participant has the right to notify the Sponsor that he/she does not wish to be contacted by the Sponsor regarding any future sweepstakes or contest or mailing and that Sponsor may not use any information provided to it by such participant for any purposes other than as needed for this Promotion. The Sponsor may be so notified by mail to Tag to Win with Rebecca Taylor X Sunday somewhere sweepstakes, Rebecca Taylor, Inc., 306 West 37th Street, New York, NY 10018.
- If any provision of these Official Rules shall be held invalid or unenforceable, such provision shall be deemed deleted from these Official Rules and replaced by a valid and enforceable provision which so far as possible achieves the parties’ intent in agreeing to the original provision. The remaining provisions of these Official Rules shall continue in full force and effect.
SALE UP TO 70% OFF - TERMS AND CONDITIONS
*Conditions apply. Up to 70% OFF available on selected items. Sale launches June 22 2017 at 8am EST and finishes July 10 2017 at 12 pm EST. Prices as marked. Limited availability, while stocks last. Items purchased are final sale and cannot be exchanged or returned. Sale items cannot be resold commercially by non licensed Sunday Sunday retail accounts. Cannot be used in conjunction with any other discount code.
ONLINE PURCHASES - TERMS AND CONDITIONS
This agreement is a contract between the Customer (“you”) and Sunday Somewhere Pty Ltd ABN 23 148 900 565 (“SUNDAY SOMEWHERE”), 3/1 Convair Avenue, Ballina, NSW 2478, Australia.
Please read the following terms and conditions carefully before placing your order with SUNDAY SOMEWHERE. By completing and submitting the customer order form online and using the SUNDAY SOMEWHERE Online service, you acknowledge that you have read and agree with the terms and conditions outlined below.
The following definitions form part of these Terms and Conditions. Customer means any party or parties making direct purchases of any Goods and/or Services from SUNDAY SOMEWHERE. If there is more than one Customer, the obligations of the Customer under these Terms shall bind all such parties jointly and severally. Goods means all or a portion of the goods and/or materials and/or equipment and/or parts offered for delivery and/or supply by SUNDAY SOMEWHERE. Invoice means all invoices for Goods and/or Services supplied by SUNDAY SOMEWHERE to the Customer. Services means all or a portion of labour and/or services offered by SUNDAY SOMEWHERE from time to time. Standard Prices means SUNDAY SOMEWHERE’ prices in effect at the date of delivery, notification of which to the Customer will be reserved by SUNDAY SOMEWHERE. Terms means these terms and conditions as amended from time to time and those, if any, which are implied and which cannot be excluded by law. SUNDAY SOMEWHERE means Sunday Somewhere Pty Ltd.
2.1 The whole of the agreement between SUNDAY SOMEWHERE and the Customer is set out in these Terms.
2.2. Any other contractual terms of the Customer (whether upon the Customer’s order or elsewhere) that are contrary to or inconsistent with these Terms shall not apply nor shall they constitute a counter-offer.
2.3 By receiving delivery and/or supply of the Goods and/or Services, the Customer shall be deemed to have accepted these Terms and to have agreed that they shall apply to the exclusion of all others.
3. QUOTATIONS AND PRICING
3.1 Prices charged for Goods and/or Services will be according to a current quotation for those Goods and/or Services. Otherwise, they will be determined by SUNDAY SOMEWHERE by reference to its Standard Prices. For Australian residents all prices quoted will be inclusive of GST.
3.2 Unless otherwise specified by SUNDAY SOMEWHERE, the prices exclude costs (freight and postage and handling fees etc), duties and charges in relation to insurance, packing (other than the standard packing of SUNDAY SOMEWHERE), crating, delivery (whether by road, rail, ship or air) and export of the Goods.
4. DELIVERY & SUPPLY
4.1 Any times quoted for delivery and/or supply are estimates only and SUNDAY SOMEWHERE shall not be liable for failure to deliver/supply or for delay in delivery/supply. The Customer shall not be relieved of any obligation to accept or pay for Goods and/or Services by reason of any delay in delivery/supply or dispatch.
4.2 SUNDAY SOMEWHERE reserves the right to stop any delivery and supply of Goods at any time if the Customer fails to comply with the Terms.
4.3 The risk of damage, loss or deterioration of any Goods will pass to the Customer upon the date of receipt of the Goods.
4.4 The Customer is deemed to accept delivery of the Goods where it is either delivered to the Customer's premises or when SUNDAY SOMEWHERE notifies the Customer that the Goods are available for collection.
4.5 Any shortage or error in a shipment of Goods must be reported in writing (including email) by the Customer to SUNDAY SOMEWHERE within twenty-four (24) hours of the Customer’s receipt of the shipment.
4.6 The report must state the relevant invoice number, the Goods ordered and the shortage or error claimed.
4.7 SUNDAY SOMEWHERE will investigate all reports and, subject to SUNDAY SOMEWHERE’ confirmation of any shortage or error in shipment, SUNDAY SOMEWHERE will rectify any shortage or error in shipment.
4.8 Refer to SUNDAY SOMEWHERE “Shipping & Delivery” Policy.
5. RESERVATION OF TITLE
Risk and title in the Goods passes to you upon delivery of the Goods to your nominated Delivery Address.
6. AVAILABILITY OF STOCK
6.1. Goods and Services are subject to change without prior notice to the Customer.
6.2. Any order that cannot be fulfilled will automatically be back ordered and processed when stock becomes available unless it is the Customer's stated standard policy not to accept back orders or the Customer specifically marks its order, "Do Not Back Order". Deliveries at any time are subject to availability of stock and SUNDAY SOMEWHERE will not be liable for any charges due to product unavailability.
The Customer acknowledges and accepts that SUNDAY SOMEWHERE sells and supplies its Goods only through persons who have been authorised by SUNDAY SOMEWHERE to sell specific product categories at specific locations and who comply with SUNDAY SOMEWHERE's Terms.
7.1. Subject to Part IV of the Trade Practices Act 1974:
(a) Under no circumstances may the Customer sell, offer to sell, market or display, or cause to sell, offer to sell, market or display for sale, or use in any other way Goods through the internet or by mail order.
(b) The Customer is prohibited from selling, offering to sell, marketing or displaying, or causing to sell, offer to sell, market or display for sale, or use in any other way Goods outside Australia.
8. SHIPPING & DELIVERY
8.1. SUNDAY SOMEWHERE will ship by the least expensive route and carrier to all points. The freight charge will be included as a separate item on the invoice. SUNDAY SOMEWHERE shall not be liable to the Customer or any other person for any loss or damage which may result directly or indirectly from freight handling.
9. RETURN AND EXCHANGE OF GOODS
9.1. All faulty Goods must be returned to SUNDAY SOMEWHERE, complete with one package with all component parts (where applicable). Goods should be returned to SUNDAY SOMEWHERE with a completed returns form within Seven (7) days after the dispatch date. Goods deemed faulty will be replaced free of additional freight charges. Refunds will not be provided for any returned Goods, unless replacement Goods are unavailable.
9.2. Goods will be inspected by a Quality Assurance Department and Goods that have been purposefully tampered with (including but not limited to Goods that have been mishandled, Goods that have had protective coating removed and Goods that have been damaged by abuse, accident, corrosive environments, negligence or improper installation) will not qualify for exchange or credit.
9.3. The returns form referred to in clause 10.1 must quote the invoice number against which the Goods were initially supplied.
9.4. SUNDAY SOMEWHERE reserves the right to refuse any returned Goods that do not comply with SUNDAY SOMEWHERE return terms.
10. PRIVACY ACT 1988 (“PRIVACY ACT”)
Personal information collected will be used for the purpose of processing the order, and may be shared with a third party delivery agent for the purposes of delivering your order.
By placing an order the customer consents to transfer of information to the United States.
11. LIMITATIONS OF LIABILITY
11.1. To the maximum extent permitted by law, all conditions, warranties, representations, liabilities and obligations, whether implied or imposed by a statute or otherwise, in respect of supply of Goods and/or Services, including any conditions or warranties as to merchantability, fitness for purpose or correspondence with description, or any information or advice, are excluded and all liability for loss or damage, whether consequential or otherwise and whether arising from negligence or from any other course whatsoever, is excluded.
11.2. If SUNDAY SOMEWHERE is held or found to be liable to the Customer for any matter relating to or arising in connection with the sale or supply of Goods and/or Services to the Customer whether based on an action or claim in contract, negligence, tort or otherwise, the amount of damages the Customer will be entitled to recover from SUNDAY SOMEWHERE will be limited to the amounts actually paid by the Customer for the Goods and/or Services.
11.3. SUNDAY SOMEWHERE shall not under any circumstances be liable to the Customer or any other person (whether directly or indirectly) for any loss of revenue, loss of profit or any consequential loss whatsoever in any way related to or in connection with the sale or supply of Goods and/or Services to the Customer under these Terms.
12. WARRANTIES AND INDEMNITIES
12.1. No warranties except those implied and that by law cannot be excluded are given by SUNDAY SOMEWHERE in respect of Goods and/or Services supplied.
12.2. To the fullest extent permitted by law, the liability of SUNDAY SOMEWHERE for a breach of a condition or warranty is limited to the repair or replacement of the Goods, the supply of equivalent Goods, the payment of the cost of repairing or replacing the Goods or acquiring equivalent Goods, the re-supply of Services or the payment of the cost of hiring the Services re-supplied, as determined by SUNDAY SOMEWHERE.
12.3. Without limiting the generality of the above, SUNDAY SOMEWHERE will not be liable to the Customer for any indirect or consequential loss, or for any loss of profit or reputation.
12.4. The Customer acknowledges and warrants that it has relied on its own skill and judgment or, alternatively, on the skill and judgment of tradesmen and professional advisers retained by it to provide advice and assistance on the suitability of the Goods and/or Services for specific purposes and procedures and, in this respect, shall indemnify SUNDAY SOMEWHERE from and against any suit, claim, demand or compensation which, but for these Terms, the Customer may have had against SUNDAY SOMEWHERE.
13. OVERSEAS ORDERS
The Customer acknowledges that he/she is familiar with the customs laws of the country to which the Goods are to be delivered, and agrees that the Customer will be responsible for compliance with all local laws which may restrict the importation of certain goods, and will be solely responsible for payment of any present or future tax, duty or charge which may be imposed or assessed by any relevant regulatory authority on the Goods purchased.
14. LEGAL CONSTRUCTION
14.1. These Terms shall be governed by and interpreted according to the laws of New South Wales and SUNDAY SOMEWHERE and the Customer consent and submit to the jurisdiction of the Courts of New South Wales in Australia.
14.2. Any part of these Terms being the whole or any part of any clause(s) shall be capable of severance without affecting any other part of the Terms.