TERMS OF SERVICE

REFERRAL REWARD CONTEST TERMS OF SERVICE 

Submitting your email constitutes your agreement to participate in the Two Degrees Footwear & Apparel referral programme and your acceptance of the official rules (“Rules”) below.

An affidavit of eligibility/prize acceptance documents may be required. All disputes will be resolved solely by binding arbitration. You may opt-out of arbitration by sending an email to luke@two-degrees.co.uk within 30 days of your initial participation in this contest. 

SPONSOR. This referral contest is sponsored by Two Degrees Footwear & Apparel Ltd. (“Sponsor”). References to Sponsor in this Agreement shall refer solely to the company sponsoring the contest and, its parent company, affiliates, subsidiaries and respective employees, officers and directors.

1. ELIGIBILITY

This Sponsor Referral Contest (the “Contest”) is open to residents of any country who are at least the age of majority in their state/country of residence. Employees of Sponsor and other companies associated with the promotion of the Contest, and their respective parents, subsidiaries, affiliates, digital marketing agencies and product suppliers as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. The Contest is subject to national/federal, state, and local laws and regulations.

2. AGREEMENT TO RULES. 

Participation in the Contest constitutes your agreement to and acceptance of these Rules and the decisions of the Sponsor, which are final and binding. Winning a Reward is contingent upon being and staying compliant with these Rules.

3. CONTEST PERIOD

The Contest begins on MONTH DAY, YEAR at 12:00am GMT and will run for x-x weeks (the “Contest Period”). Entries that are submitted before or after the Contest Period will be disqualified. 

4. HOW TO ENTER

During the Contest Period, you will have the opportunity to generate unique links to send to your family and friends (“Contacts”) that you would like to refer to the Sponsor. As more and more of your referred Contacts sign-up for the Sponsor’s email list, you stand to earn Rewards.

These ‘earned’ rewards constitute add-ons to the Sponsors upcoming pre-order campaign (conducted via the Kickstarter platform) – See (6. Reward Information and Kickstarter) for more detail.

In order to constitute a valid referral, your Contacts must: 1) sign up to the Sponsor’s email address and verify their email during the Contest Period; 2) use a valid email address to sign up; and 3) not already have an account with the Sponsor. Each valid referral will be marked as an Entry in the Contest.

There is no limit to the number of referrals you may make per day for the duration of the Contest Period. All Entries become the property of Sponsor and will not be acknowledged or returned.

5. REWARDS AND REWARD LEVELS

The Sponsor will tally the number of eligible Entries received through each referring party at a date/time of its own discretion in 2018.

6. REWARD INFORMATION AND KICKSTARTER 

LAND PROTECTION REWARDS:

  • Every Contact that becomes an eligible Entrant will protect 10 square feet of endangered habitat around the world by signing up. The Sponsor achieves this via a partnership with a World Land Trust and will be pay the land protection cost on the Entrant’s behalf.
  • THIS LAND PROTECTION REWARD IS NOT CONTINGENT ON PLEDGING FOR A PAIR OF SHOES IN THE FOLLOWING KICKSTARTER CAMPAIGN.

 REWARDS CONTINGENT ON KICKSTARTER:

  • If you refer at least three (3) Contacts that become eligible Entries and you also pledge for at least a pair of the Sponsors shoes in their upcoming Kickstarter campaign, you will receive a Footnotes Expedition Journal
  • If you refer at least ten (10) Contacts that become eligible Entries and you also pledge for at least a pair of the Sponsors shoes in their upcoming Kickstarter campaign, you will receive a Stainless Steel Travel Bottle
  • If you refer at least twenty (20) Contacts that become eligible Entries and you also pledge for at least a pair of the Sponsors shoes in their upcoming Kickstarter campaign, you will receive a Two Degrees Adventure Scratch Map®
  • If you refer at least fifty (50) Contacts that become eligible Entries and you also pledge for at least a pair of the Sponsors shoes in their upcoming Kickstarter campaign, you will receive a second pair of Two Degrees shoes free of charge in the Kickstarter campaign. 

The Sponsor reserves the right to amend these rewards levels at their own discretion. If they do exercise this right, then they will notify Entrants via email.

If the Sponsor so chooses, they reserve the right to award the reward without the Entrant meeting the criteria of pledging for a pair of shoes in special circumstances.

IF THE KICKSTARTER CAMPAIGN IS NOT COMPLETED, THEN THE SPONSOR IS NOT OBLIGATED TO FULFIL THESE REWARDS. THESE REWARDS ARE ALL CONTINGENT ON A SUCCESSFULLY FUNDED CAMPAIGN ON KICKSTARTER THAT IS NOT CANCELLED BY SPONSOR.

7. WINNER NOTIFICATION

This section is only applicable to referring parties that qualify for a Reward. Sponsor will attempt to notify the potential winner(s) via email on following the completion of the contest. If you are eligible for a Reward, you will be notified by email and re-iterated how to claim the rewards by pledging for a pair of shoes via Kickstarter.

Following completion of a successful Kickstarter (that is not cancelled), Sponsor will contact potential winners that also pledged for a pair of shoes on Kickstarter to notify them of their rewards.

You will be required to respond to us within five (5) days of the date of notice or attempted notice is sent, in order to claim your Reward. The reward will be sent at similar time to when the Sponsor fulfils its Kickstarter campaign to backers.

If you cannot be contacted, or you fail to respond appropriately within the required time period, or the Reward is returned as undeliverable, you forfeit your Reward. If you are at least eighteen (18) but are still considered a minor in your jurisdiction of residence, Sponsor reserves the right to place the Reward in the name of your parent or legal guardian, who will be required to sign the Declaration of Claim on your behalf and fulfill any other requirements imposed on you set forth herein. Receiving a Reward of any type is contingent upon fulfilling all requirements and compliance with these Rules. In the event that a Reward recipient is disqualified for any reason, Sponsor is not obliged to provide an alternate Reward, or extend the Contest Period in any way.

8. GENERAL CONDITIONS

In the event that the operation, security, or administration of the Contest is impaired in any way for any reason, including, but not limited to fraud, technical problems, security malfunctions or in the event the Contest is unable to run as planned for any other reason, as determined by Sponsor in its sole discretion, Sponsor may, in its sole discretion, either: (1) suspend the Contest to address the impairment and then resume in a manner that best conforms to the spirit of these Rules; or (2) terminate the Contest and, in the event of termination, no participant shall be eligible for a Reward of any type. 

Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the operation of the Contest or to be acting in violation of these Rules or in a disruptive manner. Any attempt by any person to damage the website or undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages (including attorney’s fees) and any other remedies from any such person to the fullest extent permitted by law. Failure by Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision.

Participating individuals have been advised of the existence of Section 1542 of the California Civil Code which provides: 

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOUR AT THE TIME OF EXECUTING THE RELEASE WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. 

Notwithstanding Section 1542 of the California Civil Code, entry and participation in the Contest shall constitute a full release of liability in accordance with its terms.  Each Participating party knowingly and voluntarily waives the provisions of Section 1542, as well as any other statute, law or rule of similar effect, and acknowledge and agree that this waiver is an essential and material term of these Rules and that without such waiver, Sponsor would not have accepted the entry.

9. RELEASE AND LIMITATIONS OF LIABILITY

By participating in the Contest, you agree to release and hold harmless Sponsor, and each of its respective parents, subsidiaries, affiliates, advertising and promotion agencies, other companies associated with the Contest, and each of their respective officers, directors, employees, shareholders, representatives, and agents (together, “Released Parties”) from and against any claim or cause of action arising out of participation in the Contest or receipt of a Reward, including, but not limited to: (a) any technical errors associated with the Contest, including lost, interrupted or unavailable Internet Service Provider (ISP), network, server, or wireless service provider; (b) unauthorized human intervention in the Contest; (c) mechanical human, printing or typographical errors; or (d) injury, death, losses or damages of any kind, to persons or property which may be caused, directly or indirectly, in whole or in part, from your participation in the Contest or acceptance, receipt or misuse of any Reward you may receive. You further agree that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Contest, and in no event shall the entrant be entitled to receive attorney’s fees. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. 

10. PRIVACY & INFORMATION SUBMITTED

As a condition of entering the Contest, you give consent for Sponsor to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Contest and to comply with applicable laws, regulations and rules.  Any information you provide to Sponsor may be used to communicate with you in relation to this Contest, the connected Kickstarter campaign and ongoing marketing communications.  Information submitted in connection with the Project will be treated in accordance with the Sponsor’s Privacy Policy

11. MISCELLANEOUS. 

The invalidity or unenforceability of any provision of these Rules or the prize acceptance documents will not affect the validity or enforceability of any other provision.  In the event that any provision of the Rules is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.  Sponsor’s failure to enforce any term of these Rules will not constitute a waiver of that provision.  You agree to waive any rights to claim ambiguity of these Rules.  Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest-related materials, privacy policy or terms of use on the Site and/or the terms and conditions of the Rules, the Rules shall prevail, govern and control. 

12. ARBITRATION

These Rules shall be governed by, and construed in accordance with, the laws of England & Wales, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than England & Wales. Except where prohibited, you agree that any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any Reward awarded shall be resolved by binding arbitration, without resorting to any form of class action, and exclusively by the appropriate court located in England & Wales. For the arbitration procedure, each party is responsible for paying its own filing, administrative and arbitrator fees. Judgment on the arbitration award may be entered in any court having jurisdiction thereof.

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BROADER OVERVIEW OF TERMS OF SERVICE

This website is operated by Two Degrees Ltd.. Throughout the site, the terms “we”, “us” and “our” refer to Two Degrees Ltd. Two Degrees Ltd. offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - OUR FEET FOR FEET MODEL

We reserve the right, at our sole discretion, to update, change, replace, modify or discontinue our Feet for Feet model (or any part or content thereof) without warning. Any material changes to the model will always be communicated through our website. It is your responsibility to check our website periodically for any changes and/or updates.

We shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the model.

SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 8 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 9 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 11 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 13 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Two Degrees Ltd., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. 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, our liability shall be limited to the maximum extent permitted by law.

SECTION 15 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Two Degrees Ltd. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 16 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 17 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 18 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 19 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with English law.

SECTION 20 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 21 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at plumandluke@two-degrees.co.uk