Terms of Service
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. The BloomSpot.com web site ("Site") is provided by ValueScout, Inc and/or its affiliates and subsidiaries ("ValueScout") for your and others' personal, non-commercial enjoyment, subject to the terms of these Terms and Conditions of use and all modifications thereto (the "Terms"), and the rules that may be published from time to time by ValueScout. By using this site, you are explicitly agreeing to these Terms. We may change the Terms from time to time and at any time without actual notice. All such changes to the Terms will appear on our Site. By using this Site after we post any changes, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these Terms, please do not use this Site.
User Conduct
This Site and any communications service, including the capability to contribute material through the contribution form (each such submission, a "Contribution"), forums, chat room, message board, newsgroup, charitable causes, or any other interactive service that may be available to you on or through this site (collectively, the "Services") are provided to you solely for knowledge and entertainment purposes. By using the Site and Services you agree: (a) to provide true, accurate, current and complete information about yourself as prompted by the subscription form, contribution form and any registration form. If any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your subscription and refuse any and all current or future use of the Services.
Without limitation of the foregoing, you agree to not use the Site or Services to:
  • Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any information, data, text, music, sound, photographs, graphics, video, messages or other materials, including any Contribution, (collectively, "Content"), that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive of another's privacy, or hateful
  • "Stalk" another
  • Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability
  • Harm minors in any way
  • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted to or through the Site
  • Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)
  • Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party
  • Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "Spam," "chain letters," "pyramid schemes," or any other form of solicitation
  • Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any material that contains software viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity, or surreptitiously intercept or expropriate any system, data, or personal information
  • Act in a manner that negatively affects other users' ability to engage with and/or in the Site or Services
  • Engage in any activity that is contrary to or which would adversely affect the purpose or intention of the Site or Services, including, but not limited to, actually or attempting to manipulate, corrupt, or otherwise affect the outcome of the Services, in whole or part, by, among other methods, subscribing another party without their authorization or registering multiple subscriptions under the same or different names
  • Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services or intentionally or unintentionally violate any applicable local, state, national, or international law.
You also agree that you will not harvest, collect, or store information about the users of this Site or the Content posted by others on this Site or use such information for any purpose inconsistent with the purpose of this Site or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.
You acknowledge that we are not responsible for material submitted to the Site by users. We do not pre-screen, monitor, review, or edit the Content posted by users. However, we and our designees have the right, at our sole discretion, to refuse or remove any Content, in whole or in part, that, in our judgment, does not comply with these Terms or is otherwise undesirable, inappropriate, or inaccurate. However, we are not responsible for any failure, non-failure, or delay in removing such Content, except as is necessary to comply with any requirements of the Digital Millennium Copyright Act. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to us. You agree to immediately notify us of any unauthorized use of the Services or any other breach of security known or suspected by you.
You acknowledge and agree that we may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of ValueScout, its users, or the public.
You understand that the technical processing and transmission of the Site, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. We assume no responsibility for the deletion or failure to store postings, Contributions, or other information submitted by you or other users to our site.
Any or all Content on the Site may be purged periodically using our sole discretion. You acknowledge and agree that Content you view, submit, or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any information, data, text, music, sound, photographs, graphics, video, messages, or other materials created by us or submitted to us, including Content. You further acknowledge and agree that the views expressed on the Site do not necessarily reflect our views, and we do not support or endorse Content (including any Contribution, whether or not edited by us or our designee or presented on the Site edited or unedited, in whole or in part, or alone or with other content) posted or submitted by you or any user.
Restrictions On Use of Material
Only if you obtain prior written consent from us -- and from all other entities with an interest in the relevant intellectual property -- may you publish, display, or commercially exploit any material from the Site. To seek our permission, you may write to us at our address provided below. If permission is granted by us and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend, or copyright notice.
You must abide by all additional copyright notices or other restrictions contained on the Site.
Contributions to Charitable Organizations
Our Site offers you a way to support a cause of your choosing through Community Circles. When you join a circle that is affiliated with an organization, BloomSpot will contribute 10% of the purchase price to that organization (a "Contribution"). During the checkout process you will be asked to confirm this Contribution. When you submit the choice to assign a Contribution, you agree to these Terms. You understand that your Contribution will be made to ValueScout directly, who will then disburse your Contribution to the organization of your choice. We shall not request or receive any item of value from Nonprofits or Fundraisers in connection with our transmittal of any Contribution.
We make Contributions to two types of organizations, namely, Nonprofits ("Nonprofits") and Community Fundraisers ("Fundraisers"). Nonprofits are organizations that are tax-exempt under section 501(c)(3) of the Internal Revenue Code. (Please note that we do not independently verify the validity of the 501(c)(3) status of either Nonprofits or Community Fundraisers.) Contributions to Nonprofits are made through Network for Good, a third-party, nonprofit, donor-advised fund, which will then distribute your Contribution to the Nonprofit(s) you have indicated. Fundraisers are privately-supported organizations that (a) do not engage in illegal activities, and (b) comply with Executive Order 13224 and the U.S. Patriot Act in their entirety, including by not engaging in any activities associated with terrorism and/or providing material support or resources for terrorism. The Nonprofits and Fundraisers listed on our Site are for your information and knowledge purposes only; Bloomspot does not take responsibility for or independently verify the actions or activities of any Nonprofit or Fundraiser. Please make whatever investigations or research you feel necessary before making a Contribution. Please note that in making a Contribution to a Fundraiser, YOU ARE REPRESENTING AND WARRANTING THAT THE DESIGNATED FUNDRAISER DOES NOT ENGAGE IN ANY ILLEGAL ACTIVITIES, INCLUDING, BUT NOT LIMITED TO, ACTIVITIES THAT VIOLATE EXECUTIVE ORDER 13224 AND THE U.S. PATRIOT ACT. In relying on your representation, ValueScout will not independently verify the legality of the designated Fundraiser. However, we reserve the right to discontinue or refuse any Contribution with notice to you. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD VALUESCOUT, ITS AFFILIATES, OFFICERS, DIRECTORS, AND EMPLOYEES HARMLESS FROM ANY AND ALL THIRD-PARTY CLAIMS, LIABILITIES, COSTS, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, ARISING IN ANY WAY FROM UNLAWFUL ACTIVITIES OF FUNDRAISERS TO WHOM YOU DESIGNATE AS A RECIPIENT OF YOUR CONTRIBUTIONS, OR THE FAILURE OF SUCH FUNDRAISERS, TO COMPLY WITH EXECUTIVE ORDER 13224 AND/OR THE U.S. PATRIOT ACT.
While we will attempt to make Contributions to your designated Nonprofit or Fundraiser, we shall not be liable to you, the Nonprofit, or the Fundraiser for the failure of such attempt to succeed in effecting a Contribution. You also may not cancel or change your designation of the party to whom a Contribution has been made. If we cannot donate to the Nonprofit or Fundraiser of your choice for any reason, we will notify you by e-mail. Nothing herein grants any Nonprofit or Fundraiser any right in, or to receive, any designated Contribution prior to the Nonprofit or Fundraiser’s physical receipt of a check from ValueScout conveying such Contribution.
Please note that ValueScout reserves the right to cancel or modify this program at any time.
Sweepstakes
The following are the official rules for all sweepstakes on ValueScout Inc. websites. No Purchase or Entry Fee is Required to participate. PURCHASE WILL NOT IMPROVE CHANCES OF WINNING. All ValueScount Inc. sweepstakes are open to US residents only. All sweepstakes entrants, including the winner, must be 21 years of age or older as of the date of entry. Sweepstakes subject to all federal, state and local laws and regulations.
1. Entering ValueScout Inc. Sweepstakes
Entrants must send entries using the correct email address, full name, and any other specific entry information requested in the sweepstakes announcement, including but not limited to, entrant's address of residence, zip code, and/or phone number. ValueScout Inc. is not responsible for and will not consider incomplete or incorrect entries, including emails sent but not received by ValueScout Inc. for any reason, as potential sweepstakes winners. ValueScout Inc. is not responsible for any problems with your entry, including technical failures related to computer, telephone, cable, and unavailable network or server connections, or other failures related to hardware, software or virus, or incomplete, late or misdirected entries.
2. Choosing Winners
There will be one (1) winner per ValueScout Inc. Sweepstakes. Winners of all BloomSpot and ValueScout Inc. Sweepstakes and Promotions (hereinafter "Sweepstakes") will be chosen at random, by unbiased third party draw service. Only one entry per email address will be considered for Sweepstakes entry, unless multiple entries are specifically allowed in the sweepstakes posting. Unless otherwise specified in an individual Sweepstakes post, no person may enter any Sweepstakes more than once using multiple email addresses.
3. Contacting Winner
Winners of all Sweepstakes will be contacted by email (hereinafter "winner announcement email"), at the email address (hereinafter "winning email address") provided when entering the sweepstakes. The person who receives and replies to the "winner announcement email" will be considered the winner unless they specify another person within the reply email as the winner. The winner will be required to provide a mailing address for the Sweepstakes prize to be mailed. ValueScout Inc. will mail the Sweepstakes prize to the address supplied by the recipient of the "winner announcement email."
4. Claiming Sweepstakes Prize
Claiming of prizes requires an email response to ValueScout Inc. from the winning email address within seven (7) calendar days of the winner announcment email being sent to the winning email address. Failure to respond to ValueScout Inc. by email within 7 calendar days will result in forfeiture of the prize. ValueScout Inc. is not responsible for and will not consider incomplete or incorrect entries, or emails sent but not received by ValueScout Inc., for any reason. ValueScout Inc. reserves the right to disqualify any person tampering with the operation or conduct of the Sweepstakes, including, without limitation, the entry process or the operation of the web site or otherwise violating these rules. [ValueScout Inc. is not required to award elsewhere any prizes forfeited by the chosen winners. ValueScout Inc. reserves the right to cancel, terminate or modify the Sweepstakes if it cannot be operated, conducted or completed as planned, for any reason.]
5. Awarding Prizes
Winners are solely responsible for all taxes and/or fees that may be incurred from redemption of the Sweepstakes prize. Each prize winner must supply ValueScout Inc. with his/her legal name, mailing address, birth date, and telephone number when requested in the winner announcement email Winners may not request substitutions of prize winnings. All winners are solely responsible for any and all taxes and/or fees, and all such additional costs that may be incurred. Neither ValueScout Inc., ValueScout Inc. sponsors, nor employees of ValueScout Inc. or sponsors 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. ValueScout Inc. is not liable for any loss arising out of or in connection with or resulting from any sweepstakes promoted by ValueScout Inc. Acceptance of a prize constitutes the winner's consent to the use of his/her voice, name, likeness, biographical information and/or photograph by ValueScout Inc. for promotional or advertising purposes in connection with the Promotion. If the specified prize becomes unavailable due to unforeseen circumstances, ValueScout Inc. may substitute a prize of like or equal value. Management, employees and families of ValueScout Inc. are prohibited from winning any prizes awarded by ValueScout Inc. ValueScout Inc. reserves the right to alter any rules of any sweepstakes at anytime. If you have any questions or complaints about a ValueScout Inc. sweepstakes, please contact sweepstakes@bloomspot.com.
BloomSpot "Live Life Better" Sweepstakes Official Rules
By submitting an entry to The BloomSpot "Live Life Better" Sweepstakes (the "Sweepstakes"), you acknowledge that you have read and agree to be bound by these Official Rules and the decisions of ValueScout Inc. , and that you satisfy all eligibility requirements.
  1. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE WILL NOT AFFECT OR IMPROVE THE CHANCES OF WINNING. This sweepstakes (the "Sweepstakes") is subject to all applicable laws and regulations. Void where prohibited or restricted by law.
  2. Sponsor: The Sweepstakes is provided by ValueScout Inc. ("ValueScout") 345 Ritch St., San Francisco, CA, 94107 (the "Sponsor"). The BloomSpot.com web site ("Site") is provided by ValueScout.
  3. Eligibility: Sweepstakes is open only to legal residents of the State of California. Entrants must be 21 years of age or older as of the date of entry. Sweepstakes is not open to employees, officers, directors, agents or representatives of Sponsor or of Sponsor's parents, affiliates, successors and/or assigns, Sponsor's advertising, promotion and fulfillment agencies, legal advisors, and the immediate family members (mother, father, brother, sister, daughter, son or spouse, regardless of where they live) and persons living in the same household (whether or not related) of any of the foregoing (collectively, "Sweepstakes Entities").
  4. Sweepstakes Period: The Sweepstakes begins on August 10, 2010 at 12:01 a.m. Pacific Time ("PT") and ends August 17, 2010 at 11:59 p.m. Pacific Time. Sponsor's computer shall be the official timekeeper.
  5. Entry Method: To enter, visit www.bloomspot.com during the Sweepstakes Period and complete an online entry form. Online entries must be received by 11:59 p.m. PT on August 17, 2010.
    Only one entry is allowed per person in this Sweepstakes, regardless of method of entry. Use of multiple email addresses by the same individual to enter is prohibited and such multiple online entries shall be voided. All entries carry an equal chance of winning. Sponsor is not responsible for lost, late, incomplete, misdirected, delayed, or undelivered entries, including without limitation entries not timely received due to telephone failures, Internet failures and disruptions, and ISP problems. Incomplete information may result in disqualification of entry. By providing your e-mail address, you grant ValueScout, the right to send you commercial messages, unless specified otherwise as indicated on the entry form.
  6. Drawing: Winners will be selected by random drawing conducted by a third party on or about August 18th, 2010, and winners will be notified by e-mail and/or by telephone. Odds of winning depend on the total number of eligible entries received. All decisions of ValueScout are final and binding on all entrants.
  7. Prizes: One (1) grand prize winner will be awarded the grand prize with an approximate retail value of $450. The grand prize is a gift certificate to Restaurant Gary Danko in the amount of $450. There will be no first prize. There will be no other prizes. The total approximate retail value of all prizes for this Sweepstakes is $450. Prizes are non-refundable and non-transferable, cannot be combined with any other special offer or promotion and must be accepted as awarded. Prizes may not be exchanged for cash value or substituted, except that Sponsor reserves the right in their sole discretion to substitute with either the cash value of the prize, or a prize or prizes of equal or greater value. Sponsor is not responsible for replacing a gift card or gift certificate prize if lost, stolen, mutilated, or is otherwise rendered unusable due to any act or omission of prize winner. Applicable federal, state or local taxes and any other costs or expenses associated with the prizes are the sole responsibility of the winners. If an eligible minor is selected as a winner, the prize will be awarded in the name of the minor's parent or legal guardian. All prizes will be awarded and delivered to the confirmed winners.
  8. All entries become the property of ValueScout, and will not be acknowledged or returned. By participating, each entrant agrees to comply with these official rules and agrees that Sponsor is not responsible for any incorrect or inaccurate information, whether caused by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error that may occur in the processing of submissions in the Sweepstakes.
    IN NO EVENT WILL THE SPONSOR OR ANY SWEEPSTAKES ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF ENTRANT'S PARTICIPATION IN THE SWEEPSTAKES OR ANY PRIZE WON OR ENTRANT'S ACCESS TO OR USE OF ANY OF SPONSOR'S WEBSITE, OR THE ACCESSING, DOWNLOADING AND/OR PRINTING OF ANY MATERIAL AVAILABLE ON SAID SITES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON SPONSOR'S WEB SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSIONS OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY.
  9. Winners of all sweepstakes will be contacted at the email address used to enter the sweepstakes, and the person receiving and replying to the winner announcement email will be considered the winner unless they specify another person within the reply email as the winner. ValueScout will mail the sweepstakes prize to the address supplied by the recipient of the winner announcement email.
    If any potential winner selected cannot be contacted or does not respond within seven (7) calendar days of attempted notification, or any prize or "winner announcement email" is returned as undeliverable, such potential winner shall forfeit any and all rights to a prize and, at Sponsors' sole discretion, an alternate winner may be randomly selected.
    The winner will be required to complete, sign and return an affidavit of eligibility and/or a liability/publicity release, which must be returned within seven (7) calendar days from the date of notification. The winner's prize will be forfeited and will be awarded to an alternate winner upon the occurrence of any of the following: (i) the failure of winner to return any required documents by the deadline specified by Sponsor; (ii) the return of a prize, prize notification or winner announcement email to Sponsor as non-deliverable; or (iii) the determination by Sponsor, made in their sole discretion, that winner is ineligible or otherwise not in compliance with these official rules.
    By accepting a prize in this Sweepstakes, each winner, where permitted by law, grants to Sponsor the right to use and publish his/her name, address, portrait, picture, voice, image, likeness and comments for advertising, trade and promotional purposes without notification, review or approval, and without additional consideration, worldwide and on the Internet.
    BY ACCEPTING A PRIZE, THE WINNER (OR IF WINNER IS A MINOR, WINNER'S PARENT OR LEGAL GUARDIAN) RELEASES AND AGREES TO INDEMNIFY AND HOLD HARMLESS SPONSOR AND ALL SWEEPSTAKES ENTITIES FROM ANY AND ALL LIABILITY AND CLAIMS FOR ANY INJURY, LOSS OR DAMAGE OF ANY KIND TO PERSONS, INCLUDING DEATH, AND PROPERTY, ARISING FROM OR IN CONNECTION WITH ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE, PARTICIPATION IN THIS SWEEPSTAKES OR ANY SWEEPSTAKES-RELATED ACTIVITY.
  10. If, for any reason, the Sweepstakes is not capable of running as planned because of circumstances including, but not limited to, unauthorized intervention, fraud, technical failures, or any other causes, which in Sponsor's sole judgment corrupts or affects the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsor reserves the right, in its sole discretion and determination of fairness, to cancel, terminate, modify or suspend the Sweepstakes and to select the winners from entries received prior to such action. Sponsor may disqualify any entrant suspected of tampering with the entry process, operation of the Sweepstakes, the operation of the website, or violates these official rules. Use of bots or other automated process to enter is prohibited and may result in disqualification at the sole discretion of the Sponsors. Sponsors are not responsible for errors in the administration or fulfillment of these sweepstakes, including without limitation mechanical, human, printing, distribution, or production errors, and may modify or cancel a sweepstakes based upon such an error at their sole discretion, and without liability.
  11. By registering to enter the Sweepstakes, each entrant acknowledges he/she has read, understands and will abide by these official rules. All issues and questions concerning the construction, validity, interpretation and enforceability of these official rules, or the rights and obligations of entrants and/or Sponsor in connection with the Sweepstakes, shall be governed by and construed in accordance with, the laws of the State of California.
  12. For the names of the winners, send a self-addressed stamped envelope for receipt by August 30, 2010, to: "BloomSpot Live Life Better" Sweepstakes, 345 Ritch St., San Francisco, CA 94107.
  13. The personal information collected from each entrant in the course of the Sweepstakes will be used by ValueScout for the purposes of administration of the Sweepstakes and as otherwise permitted in accordance with ValueScout's Privacy Policy. Please see ValueScout's Terms of Service at http://www.bloomspot.com/site/tos/ for more information. ValueScout Inc. reserves the right to alter any rules of any sweepstakes at anytime. If you have any questions or complaints about a ValueScout Inc. sweepstakes, please contact sweepstakes@bloomspot.com.
BloomSpot "The London West Hollywood Giveaway" Sweepstakes Official Rules
By submitting an entry to The BloomSpot "Live Life Better" Sweepstakes (the "Sweepstakes"), you acknowledge that you have read and agree to be bound by these Official Rules and the decisions of ValueScout Inc. , and that you satisfy all eligibility requirements.
  1. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE WILL NOT AFFECT OR IMPROVE THE CHANCES OF WINNING. This sweepstakes (the "Sweepstakes") is subject to all applicable laws and regulations. Void where prohibited or restricted by law.
  2. Sponsor: The Sweepstakes is provided by ValueScout Inc. ("ValueScout") 345 Ritch St., San Francisco, CA, 94107 (the "Sponsor"). The BloomSpot.com web site ("Site") is provided by ValueScout.
  3. Eligibility: Sweepstakes is open only to legal residents of the State of California. Entrants must be 21 years of age or older as of the date of entry. Sweepstakes is not open to employees, officers, directors, agents or representatives of Sponsor or of Sponsor's parents, affiliates, successors and/or assigns, Sponsor's advertising, promotion and fulfillment agencies, legal advisors, and the immediate family members (mother, father, brother, sister, daughter, son or spouse, regardless of where they live) and persons living in the same household (whether or not related) of any of the foregoing (collectively, "Sweepstakes Entities").
  4. Sweepstakes Period: The Sweepstakes begins on August 18, 2010 at 12:01 a.m. Pacific Time ("PT") and ends August 26, 2010 at 11:59 p.m. Pacific Time. Sponsor's computer shall be the official timekeeper.
  5. Entry Method: To enter, visit www.bloomspot.com during the Sweepstakes Period and complete an online entry form. Online entries must be received by 11:59 p.m. PT on August 26, 2010.
    Only one entry is allowed per person in this Sweepstakes, regardless of method of entry. Use of multiple email addresses by the same individual to enter is prohibited and such multiple online entries shall be voided. All entries carry an equal chance of winning. Sponsor is not responsible for lost, late, incomplete, misdirected, delayed, or undelivered entries, including without limitation entries not timely received due to telephone failures, Internet failures and disruptions, and ISP problems. Incomplete information may result in disqualification of entry. By providing your e-mail address, you grant ValueScout, the right to send you commercial messages, unless specified otherwise as indicated on the entry form.
  6. Drawing: Winners will be selected by random drawing conducted by a third party on or about August 27th, 2010, and winners will be notified by e-mail and/or by telephone. Odds of winning depend on the total number of eligible entries received. All decisions of ValueScout are final and binding on all entrants.
  7. Prizes: One (1) grand prize winner will be awarded the grand prize with an approximate retail value of $1000. The grand prize is a private cabana at the London West Hollywood Rooftop Pool with a $550 dining certificate at the hotel. There will be no first prize. There will be no other prizes. The total approximate retail value of all prizes for this Sweepstakes is $1000. Prizes are non-refundable and non-transferable, cannot be combined with any other special offer or promotion and must be accepted as awarded. Prizes may not be exchanged for cash value or substituted, except that Sponsor reserves the right in their sole discretion to substitute with either the cash value of the prize, or a prize or prizes of equal or greater value. Sponsor is not responsible for replacing a gift card or gift certificate prize if lost, stolen, mutilated, or is otherwise rendered unusable due to any act or omission of prize winner. Applicable federal, state or local taxes and any other costs or expenses associated with the prizes are the sole responsibility of the winners. If an eligible minor is selected as a winner, the prize will be awarded in the name of the minor's parent or legal guardian. All prizes will be awarded and delivered to the confirmed winners.
  8. All entries become the property of ValueScout, and will not be acknowledged or returned. By participating, each entrant agrees to comply with these official rules and agrees that Sponsor is not responsible for any incorrect or inaccurate information, whether caused by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error that may occur in the processing of submissions in the Sweepstakes.
    IN NO EVENT WILL THE SPONSOR OR ANY SWEEPSTAKES ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF ENTRANT'S PARTICIPATION IN THE SWEEPSTAKES OR ANY PRIZE WON OR ENTRANT'S ACCESS TO OR USE OF ANY OF SPONSOR'S WEBSITE, OR THE ACCESSING, DOWNLOADING AND/OR PRINTING OF ANY MATERIAL AVAILABLE ON SAID SITES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON SPONSOR'S WEB SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSIONS OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY.
  9. Winners of all sweepstakes will be contacted at the email address used to enter the sweepstakes, and the person receiving and replying to the winner announcement email will be considered the winner unless they specify another person within the reply email as the winner. ValueScout will mail the sweepstakes prize to the address supplied by the recipient of the winner announcement email.
    If any potential winner selected cannot be contacted or does not respond within seven (7) calendar days of attempted notification, or any prize or "winner announcement email" is returned as undeliverable, such potential winner shall forfeit any and all rights to a prize and, at Sponsors' sole discretion, an alternate winner may be randomly selected.
    The winner will be required to complete, sign and return an affidavit of eligibility and/or a liability/publicity release, which must be returned within seven (7) calendar days from the date of notification. The winner's prize will be forfeited and will be awarded to an alternate winner upon the occurrence of any of the following: (i) the failure of winner to return any required documents by the deadline specified by Sponsor; (ii) the return of a prize, prize notification or winner announcement email to Sponsor as non-deliverable; or (iii) the determination by Sponsor, made in their sole discretion, that winner is ineligible or otherwise not in compliance with these official rules.
    By accepting a prize in this Sweepstakes, each winner, where permitted by law, grants to Sponsor the right to use and publish his/her name, address, portrait, picture, voice, image, likeness and comments for advertising, trade and promotional purposes without notification, review or approval, and without additional consideration, worldwide and on the Internet.
    BY ACCEPTING A PRIZE, THE WINNER (OR IF WINNER IS A MINOR, WINNER'S PARENT OR LEGAL GUARDIAN) RELEASES AND AGREES TO INDEMNIFY AND HOLD HARMLESS SPONSOR AND ALL SWEEPSTAKES ENTITIES FROM ANY AND ALL LIABILITY AND CLAIMS FOR ANY INJURY, LOSS OR DAMAGE OF ANY KIND TO PERSONS, INCLUDING DEATH, AND PROPERTY, ARISING FROM OR IN CONNECTION WITH ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE, PARTICIPATION IN THIS SWEEPSTAKES OR ANY SWEEPSTAKES-RELATED ACTIVITY.
  10. If, for any reason, the Sweepstakes is not capable of running as planned because of circumstances including, but not limited to, unauthorized intervention, fraud, technical failures, or any other causes, which in Sponsor's sole judgment corrupts or affects the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsor reserves the right, in its sole discretion and determination of fairness, to cancel, terminate, modify or suspend the Sweepstakes and to select the winners from entries received prior to such action. Sponsor may disqualify any entrant suspected of tampering with the entry process, operation of the Sweepstakes, the operation of the website, or violates these official rules. Use of bots or other automated process to enter is prohibited and may result in disqualification at the sole discretion of the Sponsors. Sponsors are not responsible for errors in the administration or fulfillment of these sweepstakes, including without limitation mechanical, human, printing, distribution, or production errors, and may modify or cancel a sweepstakes based upon such an error at their sole discretion, and without liability.
  11. By registering to enter the Sweepstakes, each entrant acknowledges he/she has read, understands and will abide by these official rules. All issues and questions concerning the construction, validity, interpretation and enforceability of these official rules, or the rights and obligations of entrants and/or Sponsor in connection with the Sweepstakes, shall be governed by and construed in accordance with, the laws of the State of California.
  12. For the names of the winners, send a self-addressed stamped envelope for receipt by September 15th, 2010, to: "BloomSpot Live Life Better" Sweepstakes, 345 Ritch St., San Francisco, CA 94107.
  13. The personal information collected from each entrant in the course of the Sweepstakes will be used by ValueScout for the purposes of administration of the Sweepstakes and as otherwise permitted in accordance with ValueScout's Privacy Policy. Please see ValueScout's Terms of Service at http://www.bloomspot.com/site/tos/ for more information. ValueScout Inc. reserves the right to alter any rules of any sweepstakes at anytime. If you have any questions or complaints about a ValueScout Inc. sweepstakes, please contact sweepstakes@bloomspot.com.
Assumption of Risks
Your interactions with other members on the Site or third parties (including charities and advertisers) are solely between you and such individuals or entities. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that ValueScout will not be responsible or liable for any loss or damage incurred as a result of such dealings.
Unsolicited Materials
In operating this site, we do not solicit nor do we wish to receive any confidential, secret, or proprietary information or other material from you through the Site, or in any other way. Any information or material submitted or sent to us will be deemed not to be confidential or secret. By submitting or sending information or other material to us, you represent and warrant that the information is original to you and that no other party has any rights to the material.
User's Grant Of Limited License
By communicating with us, including submitting or sending Content, a Contribution, or other information or material to us, you grant us the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or in part, including any information, suggestions, ideas, drawings, or concepts contained in such Content), worldwide, and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such license includes incorporating a Contribution, in whole or in part, into a feature of our offering. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to us.
You also warrant that any "moral rights" in posted materials have been waived.
Linked Sites
You may be able to link to third parties' sites ("Links") from our Site. Links are not, however, reviewed, controlled, or examined by us in any way and we are not responsible for the content, availability, advertising, products, or other materials of any such Links, or any additional links contained therein. These Links do not imply our endorsement of or association with the Links. It is your sole responsibility to comply with the appropriate terms of service of the Links as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security, and export laws related to the use of such Links and any content contained thereon. In no event shall we be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Links or the information or material accessed through these Links. You should direct any concerns to that site's administrator or webmaster. We reserve the exclusive right, at our sole discretion, to add, change, decline, or remove, without notice, any feature or link to any of the Links from our Site and/or to introduce different features or links to different users.
Intellectual Property Rights
All materials contained in this Site are the copyrighted property of ValueScout. We are the sole owner of all content on the Site, including, without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto. All title and intellectual property rights in and to the content of the Links is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties.
We respect the intellectual property rights of others, and require that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
ValueScout, Inc.
345 Ritch St
San Francisco, CA 94107
To meet the notice requirements under the Digital Millennium Copyright Act, the notification must be a written communication that includes the following:
  • Your username, address, telephone number, and e-mail address
  • A description of the copyrighted work that you claim has been infringed
  • A description of where the alleged infringing material is located
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
  • A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Privacy Policy
We are committed to protecting your privacy and security and have explained in detail the steps we take to do so. We urge you to read our privacy policy.
Disclaimer Of Warranties
THIS SITE AND SERVICES ARE PROVIDED "AS IS," "WHERE IS," AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, VALUESCOUT SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT OF THE SITE OR SERVICES (INCLUDING ORGANIZATION DESCRIPTIONS, MISSION, AND CONTRIBUTION AMOUNTS); AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, AND WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE SITE, INCLUDING, WITHOUT LIMITATION, AS A RESULT OF (1) ANY ERROR, OMMISSION, DELETION, OR DEFECT IN THE CONTENT, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION, OR UNDER ANY OTHER CAUSE OF ACTION. WE DO NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES, OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE. YOU (AND NOT US OR ANY OF OUR AGENTS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
Limitation Of Liability
IN NO EVENT WILL VALUESCOUT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, ADVERTISERS, PARENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SITE, EVEN IF VALUESCOUT IN OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF, THE SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, VALUESCOUT'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Indemnification
Upon request by ValueScout, you agree to defend, indemnify, and hold ValueScout, its affiliates, officers, directors, and employees harmless from any and all claims, liabilities, costs, and expenses, including reasonable attorneys' fees, arising in any way from your use or misuse of the Site or Services, including your interaction with causes, companies, or organizations that advertise or solicit contributions on the Site, or other uploading, posting, publishing, e-mailing, reproduction, distribution, or transmission of any Content or other materials by you or users authorized by you or any violation of these Terms by you. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defense.
Provisions Unenforceable or Invalid
The Terms and Privacy Policy, as amended from time to time, constitute the entire Agreement (the "Agreement") between you and ValueScout. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Governing Law
This Agreement will be governed by the laws of the State of California, excluding the conflict of laws principles thereof.
Assignment
You shall not transfer, assign, sublicense, or pledge in any manner whatsoever any of your rights or obligations under this Agreement. ValueScout may transfer, assign, sublicense, or pledge in any manner whatsoever any of its rights and obligations under this Agreement to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.
Termination
ValueScout reserves the right, at its sole discretion, to immediately, with or without notice, to suspend or terminate your registration and/or your access to all or a portion of the Site and/or remove any registration information from the Site for any reason (including your breach of any of the Terms).
If you have any questions about this policy or our site in general, please contact us.
Privacy Policy
ValueScout, Inc. (owner of BloomSpot.com) takes very seriously the private nature of your personal information. This Privacy Policy describes how we treat the information we collect when you visit our web site ("Site"). Please read this notice carefully.
Personal Information
In order to supply you with your e-mail, we need your e-mail address. So that we may provide you with additional services, we may also request your name, geographical location, and telephone number. We will never sell, rent or share your personal information, including your e-mail address, with any third parties for marketing purposes without your express permission. We may share your personal information for the purposes of delivering our e-mail to you or as required by law.
Non-Personal Information
We may also request non-personally identifiable information (such as annual income, buying preferences, or age), also known as demographic and profile data, though this information is optional. We may use this data to improve our Site and/or tailor your experience at our Site, showing you content that we think you might be interested in, and displaying content according to your preferences. We may also share this information with others, such as advertisers interested in advertising in the e-mail send out or our Site, in aggregate, anonymous form, which means that the information will not contain any personally identifiable information about you or any other person.
Usage Information
In addition to collecting personal and non-personal information, we may also collect non-personal, aggregated information about subscribers' use of e-mail and our Site. This information is not personally identifiable and will only be used to find out how subscribers use our Services and Site. For example, this information will tell us how much time users spend on our Site, from which other sites subscribers came, and to what other sites subscribers go. The collection of this information allows us to, among other things, prepare for traffic load demands and to efficiently deliver our service.
Choice/Opt-Out
If we ever send you information by e-mail concerning new products or services that you did not expressly request, we will provide you with an e-mail address by which you may request no future notices.
Tracking
Like most sites, we make use of browser "cookies." Cookies are small text files placed on your computer's hard disk by our server. They allow us to quickly check your status as a subscriber and facilitate access to your preferences. We will never use cookies to retrieve information from a computer that is unrelated to our Site or Services. We also use transparent GIF images. We use these images to track the e-mails that we send out.
Third Party Cookies
In the course of serving advertisements to this Site, our third-party advertisers may place or recognize a unique cookie on your browser.
Links to Other Sites
As part of the service, we may create links allowing you to access third party sites. We are not responsible for the content that appears on those sites and do not endorse those sites. Please consult those sites' individual privacy policies in order to determine how they treat user information.
Security
All information described above is stored on restricted database servers.
Modifications
We may change this policy, but we'll post any changes here!
Contact Us
If you have any questions about this policy or our site in general, please contact us at support@bloomspot.com.
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