Terms & Conditions
Last modified: January 20, 2022
Thank you for visiting our website at fairplaylife.com (“Site”). This Site is operated by Unicorn Space, LLC (“we,”“us,” or “our”) and allows you to: (a) learn about our business and content; (b) learn about Eve Rodsky’s book’s and cards; and (c) sign up for our mailing list. These Terms and Conditions (“Terms and Conditions”) govern your use of the Site, and your agreement is a condition precedent to using this Site. Please read these Terms and Conditions carefully before proceeding.
BY USING THIS SITE, YOU AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THESE TERMS AND CONDITIONS, TO WHICH WE RESERVE THE RIGHT TO MAKE CHANGES FROM TIME TO TIME, CONSISTENT WITH APPLICABLE LAW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THIS SITE.
THE DISPUTE RESOLUTION SECTION OF THESE TERMS AND CONDITIONS CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT WAIVE YOUR RIGHT TO A COURT HEARING AND JURY TRIAL.
Age Requirements for Use of this Site
Age Requirements for General Use
Individuals under the age of majority in their state of residence are not eligible to use this Site and may not submit any personal information to us. By using this Site, you hereby represent that you are at least the age of majority in your state of residence.
Modification to these Terms and Conditions
We will post a notification on this Site in the event of any material changes to these Terms and Conditions. Such changes, whether in the form of modifications, additions, or deletions, shall be effective when specified in the relevant notification or, if the change is immaterial, immediately upon appearing on this Site. Please check these Terms and Conditions periodically for changes. Your continued use of this Site following our posting of any changes to these Terms and Conditions means that you accept those changes.
Restrictions on Use
Solely for Personal Use
You may browse this Site and all associated content solely for your personal use and enjoyment. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
Accuracy of Information as Condition to Site Access
To access parts of this Site or some of the resources it offers, you may be asked to provide certain, sometimes personal, information. It is a condition of your use of this Site that all the information you provide on this Site is correct, current, and complete.
You agree not to use any device, software, or routine to interfere with the proper functioning of the Site. In using the Site, you may not:
• Transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including images and language;
• Transmit any message that constitutes, encourages, or incites conduct that would constitute a criminal offense or give rise to civil liability;
• Transmit or solicit any information, software, or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights; is protected by copyright, trademark, or other proprietary rights; or is a derivative work with respect thereto, without first obtaining permission from the owner or right holder;
• Transmit any information, software, or other material that contains a virus or other harmful component;
• Use any software, tool, data, device, or other mechanism to navigate or search the Site, other than generally available browsers or the search engine provided by Company;
• Frame or utilize framing techniques to enclose any aspect of this Site, including any trademark, logo, or other proprietary information (including, but not limited to, images, text, page layout, or form) without our express written consent; or
• Use any metatags or any other “hidden text” utilizing our name or trademarks without our express written consent.
Additionally, you are prohibited from violating or attempting to violate any security features of this Site, including, without limitation:
• Accessing content or data not intended for you or logging onto a server that you are not authorized to access;
• Attempting to probe, scan, or test the vulnerability of this Site, or any associated system or network, or to breach security or authentication measures without proper authorization;
• Interfering or attempting to interfere with service to any visitor, host, or network, including, without limitation, by means of submitting a virus to this Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;”
• Using this Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services;
• Forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting; or
• Attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing this Site.
Any violation of system or network security may subject you to civil and/or criminal liability.
Copyrights, Trademarks, and Other Proprietary Rights
When accessing this Site, you agree to obey the law and to respect the intellectual property rights of others. You agree that you shall be solely responsible for any violations of any relevant laws and for any infringement of third-party rights caused by any User Content (defined below) that you provide or transmit to us.
All content on this Site, including text, hidden text within our source code, trademarks, software, photos, video, images, graphics, music, sound, or any other digital media is subject to protection by patent, copyright, trademark, or other proprietary rights. In addition, the entire content of this Site is copyrighted as a collective work under the United States copyright laws, and we own the copyright in the selection, coordination, arrangement, and enhancement of such content.
All trademarks, trade names, trade dress, logos, and service marks (collectively, the “Trademarks”) appearing on this Site are the property of their respective owners, including, in some instances, us and/or our partner companies. Nothing contained on this Site or these Terms and Conditions serves to grant you, by implication or otherwise, a license or right to use any of the Trademarks or copyrights owned by us or by any third party.
You may print or have printed by any third party any downloadable material contained on this Site provided that: (a) the material is solely for non-commercial and personal use; (b) no copyright, author attribution, trademark, legend, or other proprietary notice is removed from the material; and (c) the material is not altered in any manner. Except as expressly provided herein, you may not modify, create derivative works, copy, redistribute, publish, transmit, display, or in any way exploit any content or material from this Site without express written permission from us and, if applicable, the respective copyright owner. You acknowledge that you do not acquire any ownership rights by downloading or printing copyrighted material.
Monitoring; Copyright Complaints
You agree that we have the right, but not the obligation, to monitor, edit, disclose, refuse to post, or remove at any time, for any reason in our sole discretion, any material and content anywhere on this Site. Notwithstanding this right, we do not and cannot review all materials submitted to this Site. If notified, we may investigate an allegation that content transmitted to us is in violation of these Terms and Conditions and determine whether to have the communication removed. However, we are under no obligation to remove content and assume no responsibility or liability arising from or relating to any actions or content transmitted by or between you or any third party within or outside of this Site, including, but not limited to, any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein.
Feedback & User Content
Any feedback, suggestions, questions, comments, ideas, notes, concepts, and other similar information relating to the Site or us that you provide to us (but excluding your PII (as defined below)) (collectively, “Feedback”) is deemed to be our proprietary information. We may use such Feedback for any purpose, including, but not limited to, improvement and modification of the Site, and we shall own all rights, title and interest in and to the Feedback and such improvements and modifications.
This Site may contain message boards, profiles, and other interactive features that allow users to post, submit, publish, display, or transmit content and materials, including, but not limited to, photos, videos, other creative transmissions (“User Content”). All User Content must comply with the standards set out in these Terms and Conditions. By providing any User Content on this Site, you hereby grant to us and our affiliates, and each of their respective licensees, successors, and assigns a non-exclusive, irrevocable, unrestricted, perpetual, transferable, worldwide and royalty-free and fully paid-up right and license to use, reproduce, modify, perform, display, distribute, and otherwise exploit the User Content for any purpose. You represent and warrant that you own or control all rights in and to the User Content and have the right to grant the license granted above to us and our affiliates, and each of their respective licensees, successors, and assigns.
Third Party Links and Retailers
We may provide links and pointers to Internet sites maintained by others (“Third-Party Sites”) that are not affiliated with us and may be located in different countries and that may subject to different regulatory and other legal requirements. We have not reviewed all of the Third-Party Sites linked to this Site and are not responsible for the contents of or any products or services offered in such Third-Party Sites. Access to participating retailers does not constitute an endorsement by us or any of our subsidiaries or affiliates of any retailers, or the resources, products, or services offered by them. We have no responsibility or liability for these Third-Party Sites’ independent policies or actions and are not responsible for the privacy practices or the content of such Third-Party Sites or retailers. Likewise, we are not the seller of products purchased from such retailers and are in no way responsible for shipping their products (“Third Party Products”). Complaints, claims, concerns, or questions regarding Third Party Products should be directed to the third party.
While we may provide links and locations of participating retailers and vendors who sell products on-line, we cannot control the completion or validity of the transactions of such retailers and vendors or the content of their Third-Party Sites. These Third-Party Sites and store locations are only for your convenience and therefore you access them at your own risk. However, we seek to protect the integrity of this Site and the links placed upon it. We therefore welcome any feedback on not only our own Site, but also Third-Party Sites and retailers we link to and/or identify on our Site (e.g., if a specific link does not work).
We will not be liable if, for any reason, all or part of this Site is ever unavailable. From time to time, we may restrict access to all or some of this Site. We undertake no obligation to update, amend, or clarify information on this Site, except as required by law. No specified update or refresh date applied on this Site should be taken to indicate that all information on the Site has been modified or updated. Please remember when reviewing information on this Site that such information may not represent the complete information available on a subject. In addition, subsequent events or changes in circumstances may cause existing information on this Site to become inaccurate or incomplete.
On occasion, information on this Site may contain errors, including, without limitation, typographical errors, inaccuracies, or omissions related to special offers. We reserve the right to, at any time without prior notice, correct any errors, inaccuracies, or omissions, and to change or update information if any information on the Site is inaccurate.
This Site, this Site’s content are intended to comply with U.S. state and federal laws and regulations.
THIS SITE AND THE INFORMATION, GRAPHICS, AND MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, (1) WARRANTIES OF MERCHANTABILITY, (2) WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, AND (3) WARRANTIES AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE, INCLUDING, BUT NOT LIMITED TO, THIS SITE’S INFORMATION, GRAPHICS, AND/OR OTHER MATERIALS WILL BE AVAILABLE, UNINTERRUPTED, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THIS SITE, INCLUDING, BUT NOT LIMITED TO, THE HARDWARE AND INFRASTRUCTURE THAT MAKE IT AVAILABLE, IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE OR THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, OR OTHERWISE. NOTE THAT SOME JURISDICTIONS, SUCH AS THE STATE LAW OF NEW JERSEY, DO NOT ALLOW LIMITATIONS ON THE LENGTH OF AN IMPLIED WARRANTY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE AND OUR LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, MEMBERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND MANAGERS SHALL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF WE (OR OUR AUTHORIZED REPRESENTATIVE(S)) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE COLLECTIVE LIABILITY OF US AND OUR LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, MEMBERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND MANAGERS TO OR THROUGH YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT OR TORT EXCEED $100.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR DAMAGES AND THE DAMAGES OF OUR AFFILIATES, AGENTS, LICENSORS, AND SUPPLIERS IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to indemnify, defend, and hold harmless us, our subsidiaries and affiliates, and our and their members, managers, officers, directors, employees, agents, licensors, retailers, and suppliers (collectively, the “Service Providers”) from and against all claims (whether or not such claims are merely alleged or otherwise), losses, expenses, damages, and costs, including reasonable attorneys’ fees, costs, and expenses resulting from any violation of these Terms and Conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing this Site using your Internet account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you at your expense, and you shall not in any event settle or otherwise dispose of any matter without our prior written consent.
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms and Conditions when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), restraints or delays affecting carriers, inability to obtain or delay in obtaining adequate or suitable supplies, breakdown of materials or telecommunications, or power outage.
We may send you responses or notices by e-mail, posting to this Site, or written communication sent by U.S. Postal Service. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
These Terms and Conditions and your use of this Site shall be governed by and construed for both substantive and procedural purposes in accordance with the laws of the State of California, U.S.A., without giving effect to any principles of any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the laws of any jurisdiction other than those of the State of California to apply.
This Site, this Site’s content, and incentives are intended to comply with U.S. state and federal laws and regulations. If you are a non-U.S.-based user, be advised that other countries may have laws, regulatory requirements that are different from those in the U.S.
Timing of Claims
Any cause of action or claim you may have with respect to this Site must be commenced within 1 year after the claim or cause of action arises.
Arbitration and Venue
Any dispute relating in any way to your visit to this Site shall be submitted to confidential arbitration in Los Angeles, California, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court, including in Los Angeles, California, and you consent to jurisdiction and venue in such courts in Los Angeles, California. Arbitration under these Terms and Conditions shall be conducted under the rules then prevailing of the American Arbitration Association in accordance with its Commercial Arbitration Rules and before a single arbitrator.
Ultimately, the selected arbitrator must have expertise in the subject matter of the dispute. The expenses of the arbitration charged by the arbitrator shall be borne by the prevailing party or otherwise as appropriately allocated between the parties to the arbitration by the arbitrator in his or her discretion. However, in every other regard, each party shall pay for and bear his, her or its own costs and legal fees, costs, and expenses. The arbitration shall be completed within 120 days of either giving notice or filing a demand to arbitrate with the American Arbitration Association (whichever shall first occur).
The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. The testimony, evidence, ruling, and all documentation regarding any arbitration shall be considered confidential information. Neither party may use, disclose, or divulge any such information unless otherwise required by law.
Class Action Waiver
To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR WE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER USERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than 1 person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
California Use Only
This Site is controlled and operated by us from our offices in the State of California. We make no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to this Site should not be construed as us purposefully availing ourselves of the benefits or privileges of doing business in any state or jurisdiction other than California. Those who access or use this Site from other jurisdictions do so at their own volition and are responsible for compliance with local law. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you; all other provisions of these Terms and Conditions remain in full force and effect.
Notice For California Users
Under California Civil Code Section 1789.3, California users of the Site are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N. 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. We may be contacted via email at firstname.lastname@example.org.
Contest & Giveaway Rules
To provide fair and equal chance of winning to all participants, the following are the official rules for all contests on Unicorn Space websites and any owned, controlled, and/or affiliated social media pages.
NO PURCHASE NECESSARY TO ENTER OR WIN.
A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
Each Unicorn Space contest or giveaway (the “Contest”) is designed to encourage eligible adults aged eighteen (18) on or before their date of entry (“Entrant(s)”or “You”) to be a participant.
1. BINDING AGREEMENT: In order to enter the Contest, you must agree to the Rules. Therefore, please read these rules (“Rules”) prior to entry to ensure you understand and agree. You agree that submission of an entry in the Contest constitutes agreement to these Rules. You may not submit an entry to the Contest and are not eligible to receive the prize described in these Rules unless you agree to these Rules. These Rules form a binding legal agreement between you and Unicorn Space, LLC with respect to the Contest.
2. ELIGIBILITY: To be eligible to enter the Contest, an Entrant must: (a) be a U.S. citizen or a permanent legal U.S. resident (i.e. must be able to show proof of permanent legal residence); and (b) be aged eighteen (18) on or before their date of entry into the Contest. Contest is void where prohibited by law. Employees, interns, contractors, and official office-holders of Be Sunshine, LLC, and its parent company, subsidiaries, affiliates, and their respective directors, officers, employees, advertising and promotion agencies, representatives, and agents (“Contest Entities”), and members of the Contest Entities' and their immediate families (parents, siblings, children, spouses, and life partners of each, regardless of where they live) and members of the households (whether related or not) of such employees, officers, and directors are ineligible to participate in the Contest.
3. UNICORN SPACE: Each Contest is sponsored by Unicorn Space, LLC (“UnicornSpace”), a Delaware corporation with principal place of business at in Santa Monica, CA, and may be co-sponsored by an additional party in Unicorn Space’s sole discretion.
4. HOW TO ENTER: NO PURCHASE NECESSARY TO ENTER OR WIN. To successfully enter a Contest (an “Entry”), an Entrant must take the requested actions during the Contest Period (the “Criteria”). Entrants must send entries using the correct contest entry email address and any other specific entry information requested in the Contest announcement. Machine or computer-generated mass entries will be disqualified. Entrants may also mail entries to Unicorn Space, Attn: Contests, 10635 Santa Monica Blvd., Suite 350, Los Angeles, CA 90025. Mailed entries must include the contest name, subject line, a valid email and postal address, and any other specific entry information requested in the Contest announcement and are subject to the same entry period and rules as emailed entries. Unicorn Space is not responsible for and will not consider incomplete or incorrect entries, or emails sent or entries mailed but not received by Unicorn Space for any reason, as potential Contest winners. Unicorn Space accepts no responsibility for submissions lost, delayed, damaged, defaced, garbled or mislaid, howsoever caused. All entries will be deemed made by the Entrant submitted at the time of entry Further, Unicorn Space shall not be responsible for errors, omissions, interruptions, deletions, defects (in part or in whole), delays in operations, transmissions, theft, or destruction or unauthorized access to or alternations of any entry correspondence, or other materials in connection with the Contest. Any attempted submissions or entries in connection with the Contest that are lost, late, misdirected, incorrect, garbled, or incompletely received, for any reason, including, by reason of platform, hardware, software, browser, or network failure, malfunction, congestion, or incompatibility on any servers or otherwise shall not be counted or eligible for the Contest, as determined by Unicorn Space, in its sole and absolute discretion. To be considered for the Contest, entries must be: (i) complete (as determined by Unicorn Space); (ii) received on or before the Contest deadline (“Deadline”) ; and (iii) in English (unless otherwise specified). Any submission not meeting the aforementioned criteria will be disqualified. By entering, Entrants agree to receive phone calls, texts, and direct messages from Unicorn Space regarding this Unicorn Space Contest.5. WINNER SELECTION PROCESS: Giveaway winners will be selected randomly accordance with these Official Rules (these “Rules”).Winner(s) of random email Contests will be chosen at random from emails received. Entries selected from any “best of” Contests will be judged entirely at the discretion of Unicorn Space.
5. WINNER SELECTION PROCESS: Giveaway winners will be selected randomly accordance with these Official Rules (these “Rules”). Winner(s) of random email Contests will be chosen at random from emails received. Entries selected from any “best of” Contests will be judged entirely at the discretion of Unicorn Space.
6. DETERMINATION OF WINNERS. The final determination of the Winner(s) shall be in the sole and absolute discretion of Unicorn Space. Contest results are final and binding. No correspondence will be entered into with regard to any decisions hereunder. Unicorn Space reserves the right, in its sole discretion, to extend the Contest Period or to not select any Contest Winner(s). Unicorn Space reserves the right to delay the announcement of any Contest Winners in its sole discretion. To the extent permitted by law, Unicorn Space disclaims any liability from, and Entrants, agree to waive, any claims against Unicorn Space relating to the Contest, selection, or awarding process. Unicorn Space reserves the right to select alternate Winners in the event that any potential Winner fails to comply with these Rules.
7. NOTIFICATION OF THE WINNERS: Becoming a winner is subject to validation and verification of eligibility and compliance with all the terms and conditions set forth in these Rules. The potential winner(s) will be selected and notified via direct message on Instagram, at Unicorn Space's discretion. If a potential winner does not respond to the direct message attempt on Instagram via direct message on Instagram within twenty-four (24) hours from the first notification attempt, then such potential winner may be disqualified, and an alternate potential winner will be randomly selected from among all eligible entries received based on the selection Criteria described herein. Except where prohibited by law, the winner may be required to sign and return an Affidavit of Eligibility and Liability and Publicity Release and provide any additional information that may be required by Unicorn Space. If required, potential winners must return all such required documents via fax or email (or as otherwise instructed) within twenty-four (24) hours, or such potential winner will be deemed to have forfeited the prize and another potential winner may be selected based on the selection Criteria described herein. All notification requirements, as well as other requirements within these Rules, will be strictly enforced. Determinations of Unicorn Space are final and binding.
8. PRIZES: Winner(s) shall receive the prize specified in the Contest listing. Notwithstanding the foregoing, Unicorn Space may substitute any prize in its sole discretion if necessary. There shall be no cash equivalent of prize. There shall be no prize transfer. Winner(s) shall be solely responsible for any and all federal, state and local taxes on the prize and any expenses not specified herein. Neither Unicorn Space nor its employees may be held liable for any warranty, costs, damage, injury, or any other claims incurred as a result of usage of any winners of a prize once possession has been taken of the product by winner. Unicorn Space is not liable for any loss arising out of or in connection with or resulting from any contest promoted by Unicorn Space.
9. GENERAL CONDITIONS: All federal, state and local laws and regulations apply. Unicorn Space reserves the right to disqualify any Entrant from the Contest if, in Unicorn Space's sole discretion, it reasonably believes that the Entrant has attempted to undermine the legitimate operation of the Contest by cheating, deception, or other unfair playing practices or annoys, abuses, threatens or harasses any other entrants or Unicorn Space employees. By entering, Entrant waives all rights to bring (and covenants not to bring) any claim against Unicorn Space or any other entities or individuals associated with this Contest.
10. INTELLECTUAL PROPERTY RIGHTS: Entries will not be returned. Unicorn Space retains all rights in the Unicorn Space products and services and entry into this Contest will in no case serve to transfer any Unicorn Space intellectual property rights to the Entrant.
12. PUBLICITY: As a condition of entering the Contest, except where prohibited by law, each Entrant and each Winner by accepting a prize grants to Unicorn Space all right, title and interest in to publicize, broadcast, display and/or otherwise use the Contest Entrant’s name, city, state, and biographical material (collectively, “Licensed Rights”) in any media for advertising and publicity purposes, without additional review, compensation, or approval of the Winner, and the right to share, display, post, and/or re-post any Contest entry, including any photo entries on social media containing Entrant’s likeness, in any media, including on Unicorn Space’s website or any owned, controlled, and/or affiliated social media pages. Unicorn Space will contact Entrants in advance of any Unicorn Space sponsored media request for interviews. Entrants further agree to release and hold harmless Unicorn Space from any and all liability arising from their participation in the Contest, or Unicorn Space’s use of any Entrant information. Entrant acknowledges and agrees that Unicorn Space shall have no obligation to post, display or otherwise make publicly available any photo or information submitted by Entrant, and may, in its sole and unfettered discretion, remove, edit, modify or delete any photo or information that Entrant submits to Unicorn Space.
13. INDEMNIFICATION. To the maximum extent permitted by law, Entrant agrees to defend, indemnify and hold harmless Unicorn Space from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorney’s fees) arising out of or accruing from: (i) any misrepresentation made by Entrant in connection with the Contest; (ii) any non-compliance by Entrant with these Rules; (iii) claims brought by persons or entities other than the parties to these Rules arising from or related to Entrant's involvement with the Contest; and/or (iv) acceptance, possession, misuse, or use of any prize or participation in any Contest-related activity or participation in the Contest.
14. ELIMINATION AND DISQUALIFICATION: Any false information provided within the context of the Contest by Entrant concerning identity, mailing address, telephone number, email address, ownership of right, or non-compliance with these Rules or the like may result in the immediate elimination of the entrant from the Contest. Unicorn Space reserves the right to disqualify Entrants who violate the rules or interfere with this Contest in any manner. If an Entrant is disqualified, Unicorn Space reserves the right to terminate that Entrant's eligibility to participate in the Contest. Unicorn Space further reserves the right to disqualify any Entrant who tampers with the submission process or any other part of the Contest or Contest Site. Any attempt by an Entrant to deliberately damage any web site, including the Contest Site, or undermine the legitimate operation of the Contest is a violation of criminal and civil laws and should such an attempt be made, Unicorn Space reserves the right to seek damages from any such Entrant to the fullest extent of the applicable law.
15. INTERNET AND DISCLAIMER: Unicorn Space is not responsible for any malfunction of the entire Contest Site or Instagram or any other system errors, failed, incomplete or garbled computer or other telecommunication transmission malfunctions, hardware or software failures of any kind, lost or unavailable network connections, typographical or system/human errors and failures, technical malfunction(s) of any telephone network or lines, cable connections, satellite transmissions, servers or providers, or computer equipment, traffic congestion on the Internet, Instagram or at the Contest Site, or any combination thereof, including other telecommunication, cable, digital, or satellite malfunctions which may limit Entrant's/consumer's ability to participate/vote respectively. Unicorn Space is not responsible for the policies, actions, or inactions of others, which might prevent Entrant from entering, participating, and/or claiming a prize in this Contest. Unicorn Space's failure to enforce any term of these Rules will not constitute a waiver of that or any other provision.
16. RIGHT TO CANCEL OR MODIFY: If for any reason the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest, Unicorn Space reserves the right at its sole discretion to cancel, terminate, or suspend the Contest at any time. Unicorn Space reserves the right to alter these Rule, or the rules of any Contest at any time and for any reason.
17. NOT AN OFFER OR CONTRACT OF EMPLOYMENT: Under no circumstances shall the submission of an Entry into the Contest, the awarding of a prize, or anything in these Rules be construed as an offer or contract of employment with either Unicorn Space, or the Contest Entities. Entrants acknowledge that they submitted their Entry voluntarily and not in confidence or in trust. Entrants acknowledge that no confidential, fiduciary, agency or other relationship or implied-in-fact contract now exists between Entrant and Unicorn Space or the Contest Entities and that no such relationship is established by Entrant's submission of an Entry under these Rules.
18. FORUM AND RECOURSE TO JUDICIAL PROCEDURES: These Rules shall be governed by, subject to, and construed in accordance with the laws of the State of California, United States of America, excluding all conflict of law rules. If any provision(s) of these Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. To the extent permitted by law, the rights to litigate, seek injunctive relief or make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with this Contest are hereby excluded, and Entrants expressly waive any and all such rights.
19. ARBITRATION: By entering the Contest, you agree that exclusive jurisdiction for any dispute, claim, or demand related in any way to the Contest will be decided by binding arbitration. All disputes between you and Unicorn Space of whatsoever kind or nature arising out of these Rules, shall be submitted to Judicial Arbitration and Mediation Services, Inc. (“JAMS”) for binding confidential arbitration under its streamlined rules then in effect in the Los Angeles, California, USA area, before one arbitrator to be mutually agreed upon by both parties. The parties agree to share equally in the arbitration costs incurred.