USE AND COLLECTION OF INFORMATION
Baldwin collects customer information in an effort to improve our customers’ shopping experience, to communicate with our customers about our products, services and promotions, and to enhance and improve the performance and accuracy of our operations and website. We collect information such as your name, e-mail and postal address and credit card numbers that you provide to us or our service provider when you place an order, when you save your information with us or when you participate in a sweepstakes or promotion. Baldwin generally uses third party processors to store and maintain all credit card or payment card information. Baldwin may use your information collected online to process and fulfill your order. We also collect e-mail addresses at various locations within the site including when you order from the site so that we can send you any necessary e-mail messages related to your order. We may also contact you with marketing and promotional materials and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications or contact us at firstname.lastname@example.org. In addition, we maintain a record of your product interests, purchases and whatever else might enable us to enhance and personalize your shopping experience.
To serve you better and improve our performance, we may combine information you give us online and in our store. We may also share your information with our affiliates and with third party service providers that provide support services to us or that help us market our products and services. We may also disclose your information when you ask us to do so or when we believe it is required by law. In the event of a sale of some or all of our business, Baldwin may transfer your personal information to such a purchaser.
You can always review, update and remove your personal information by logging into the website and accessing your account. Please email email@example.com if you need assistance with reviewing, updating or removing your personal information. When you update your personal information, we may keep a copy of the prior version for our records.
Baldwin may store some information on your computer in the form of a “cookie” or similar file. These files allow us to tailor our website to reflect your listed or historical preferences. Most web browsers allow web users to exercise control over such files on their computers by erasing them, blocking them, or notifying the user when such a file is stored. Please refer to your browser’s instructions to learn about those functions. Please note that if you disable or delete these files you may not have access to certain features and services that make your online experience more efficient and enjoyable. These and other technologies also allow delivery of advertising that directly relates to offers that may be of interest to you.
Baldwin also uses other methods of automatic collection to determine information about visitors to our website, including your computer’s Internet Protocol (“IP”) address, browser type or the webpage you were visiting before you came to our Site, pages of our Site that you visit, the time spent on those pages, information you search for on our Site, access times and dates, and other statistics. We use the information obtained using these tools to provide better customer service, enhance our product offerings, and detect potential misuse or fraud.
Baldwin implements commercially reasonable measures designed to protect the security of your information. While we implement these security measures on our site, please note that 100% security is not always possible. You play a role in protecting your information as well. Because your password permits access to your personal information, please keep your password secret and do not disclose it to others.
The Children’s Online Privacy Protection Act imposes certain requirements on web sites directed at children under 13 that collect information on those children, and on web sites that knowingly collect information on children under 13. Baldwin is not directed at children under 13, and does not knowingly collect any personal information from children under 13.
OFFICIAL FACEBOOK SWEEPSTAKES RULES
No purchase necessary to enter or win. All federal, state and local laws and regulations apply. Void where prohibited by law.
Participating and entering in in this promotion is considered a complete release of Facebook by each entrant or participant. It’s also an acknowledgement that this promotion is in no way sponsored, endorsed, administered by or associated with Facebook.
- The Baldwin, LLC “$1,000 Women’s Giveaway” Sweepstakes is being run by BALDWIN, with an address of XXX and a telephone number of XXX.
ELIGIBILITY: The Baldwin Sweepstakes is open only to legal residents of the United States of America who are 18 years old or older excluding residents of Rhode Island and all United States Territories. Void where prohibited by law. Participation in the Sweepstakes constitutes full and unconditional agreement to these Official Rules. The following individuals are not eligible: (a) employees, officers, and directors of Baldwin, including all respective parent companies, subsidiaries, affiliates, partners, advertisers, marketing and promotion agencies, manufacturers or distributors of promotion materials, and representatives; and (b) members of the immediate family (parents, children, siblings, or spouses) of a person in (a) and/or those living in the same household as a person in (a), regardless of familial relation. All federal, state and local laws and regulations apply. Entrants agree to be bound by the terms of these official rules and by the decisions of Baldwin which are final and binding on all matters pertaining to this Sweepstakes. Entrants are prohibited from submitting an entry for a purpose other than entering the Sweepstakes for the entrant’s personal benefit. Prohibited purposes include, but are not limited to, engaging in competition with Baldwin and/or any of the Sponsors and luring emails to any fraud management tool such as a “spamtrap” or “honey pot.” If any entry or entrant is determined to be non-compliant with these Official Rules, said entry or entrant shall be disqualified.
- RANDOM DRAWING: On or around a date one week following the End Date, one random winner will be selected from all eligible submissions received. Winner will be notified by e-mail or another means at Baldwin’s discretion. If a winner does not respond to Baldwin’s notification within three days or is unwilling to or cannot accept the Prize, the Prize will be forfeited and an alternate winner may be selected from the Sweepstakes entrants. If an entrant is deemed ineligible, an alternate winner may be selected from the entry pool. If by reason of a printing or other error, more prizes are claimed than the number set forth in these rules, all persons making purportedly valid claims will be included in a random drawing to award the advertised number of prizes available in the prize category in question. No more than the advertised number of prizes will be awarded. At the sole discretion of Baldwin, disqualification, forfeiture, and the selection of an alternate winner may result from any of the following: (1) a winner’s failure to respond to winner notification within three days of transmission; (2) the return of a notification as undeliverable after one attempt; (3) a winner’s failure to provide Baldwin with satisfactory proof of age, identity, and residency within three days of initial winner notification; (4) a winner’s failure to execute and return an affidavit of Eligibility/Liability/Publicity Release or requested tax information or W9 within three days of its transmission; or (5) any other non-compliance with these Official Rules. Baldwin will attempt to notify each winner within one week of his or her selection as a winner, and the prize will be delivered within one week of acknowledgement of the notification, or at such time as the prize becomes available. All federal, state and local laws and regulations apply.
- ODDS: Odds of winning a Prize depend on the number of eligible entries received, but can be calculated by dividing the total number of entrants by the number of prizes.
PRIZES and APPROXIMATE RETAIL VALUE: There will be 1 Prize awarded (“Prize” and/or “Prizes”), consisting of all the following:
- $1000 Baldwin Gift Code; Cash/Retail Value: $1000.
- ALL PRIZE CONDITIONS: No substitution or transfer of a Prize will be permitted, except that Baldwin reserves the right to substitute a Prize of equal or greater value if the advertised Prize is unavailable. Prize cannot be transferred by winner. No Prize can be redeemed for cash or can be used for a prior purchase. If a Prize element is not available for any reason, the remaining elements of the Prize shall constitute full satisfaction of Baldwin’s Prize obligation to winner, and no additional compensation will be awarded. Baldwin has no responsibility for cancellations, delays, or any other change by any company or person providing any element of the Prize due to reasons beyond Baldwin’s control, and is not responsible or liable for any expenses incurred as a consequence thereof. The Prize is awarded without warranty of any kind from Baldwin, express or implied, without limitation. Winners, and not Baldwin, shall be responsible for any and all taxes and/or duties as well as any other expenses not specifically included in the prize description. The Prize may be subject to terms imposed by the Sponsor or other Prize provider, including, but not limited to, prohibitions on selling the Prize, limiting the Prize’s for personal and not business use, and expiration dates. Baldwin may require Winners to sign an affidavit or declaration of eligibility. Baldwin may require Winner and/or anyone receiving a direct benefit from the Prize (including but not limited to any travel companion) to sign a liability release and/or publicity license. Except where otherwise stated herein, all Prizes will be delivered free of charge (or in the case of electronic vouchers – emailed) to winners using the information submitted via the entry form. Baldwin will not ask winners for money for shipping costs as a condition for receipt of a Prize. Baldwin may verify the information submitted by the winner during the contest. In the event that Baldwin does not receive sufficient eligible entries to award all of the Prizes, Baldwin has the right to cancel the Sweepstakes.
CONDITIONS OF PARTICIPATION
- By participating in this Sweepstakes, all entrants represent and warrant that they are eligible to win and that they agree to be bound by these Official Rules.
- By participating in this Sweepstakes all entrants agree to release, indemnify and hold harmless Baldwin and all affiliated individuals and entities as well as their successors and assigns (the “Released Parties”), from and against any liability, injury, death, loss, or damages to entrant or any person or entity, including without limitation damage to personal or real property, caused in whole or in part, directly or indirectly, by reason of their participation in this Sweepstakes (or related activities) or their acceptance, possession or use/misuse of a Prize. The Released Parties are not responsible for: any incorrect or inaccurate entry information; human error; technical malfunctions; failures, omissions, interruption, deletion, or defect of any telephone network, computer online systems, computer equipment, server providers, or software, including any injury or damage to your or any other computer relating to or resulting from participation in this Sweepstakes; inability to access any website; theft, tampering, destruction, or unauthorized access to, or alteration of entries; transactions, including entries, that are processed late or incorrectly or are incomplete or lost due to computer or electronic malfunction or traffic congestion on the internet or at any web site; printing or human or other errors; and any entries which are late, lost, incomplete, misdirected, stolen, or any combination thereof. Online submission is not considered proof of delivery or receipt. By entering this Sweepstakes, all entrants agree to release, discharge, indemnify and hold harmless the Released Parties from and against all claims and damages or liability arising in connection with participation and/or entry in the Sweepstakes and/or receipt or use of any prize awarded in this Sweepstakes or due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in any Promotion-related activity or participation in this Promotion. Except where prohibited by law, the winner’s entry and acceptance of the prize constitutes permission for Sponsor and its assigns to use said winner’s name, photographs, likeness, statements, biographical information, voices, and city and state addresses on a worldwide basis, and in all forms of media, in perpetuity, without further compensation or authorization. Winner(s) further release and waive any right of or claim to copyright, trademark rights, privacy rights, publicity rights, rights to use of name, image or likeness, and any other legal or moral rights, relating to, arising out of, or embodied in the entry and/or arising out of the use of winner's name, image and likeness. Winner(s) expressly agrees not to pursue, support, maintain, or authorize any action, claim, or dispute of any kind against the Released Parties on the grounds that any use of the entry, and/or the use of winner's name, image, or likeness violates or infringes any of winner’s rights, including, without limitation, copyrights, trademark rights, privacy, publicity and/or moral rights. All entrants further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. You acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR 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.” Baldwin makes no warranty with respect to the prizes awarded.
- Except where prohibited by law, entrants hereby grant Baldwin and the Sponsors the right to use their names, likenesses, voices, opinions and biographical information, and residential city and state for publicity, advertising, trade or promotional purposes. Entrants also agree that all information received as part of this Sweepstakes may be used for the delivery of advertisements or otherwise as Baldwin sees fit.
- ADVERTISING AND SOLICITATION. By entering this contest, you consent to receiving emails, special offers, electronic newsletters, and solicitations from Baldwin and third-party vendors that may constitute requests to engage in a monetary transaction. Each email from Baldwin will provide you the ability to opt out of future communication. If you would prefer to opt out now, please email firstname.lastname@example.org. If you do not want Baldwin to share your information with third parties, please email email@example.com. Opting out of emails and offers will not decrease your chance of winning in the Sweepstakes.
- DISCLOSURE OF INFORMATION. By participating in the Sweepstakes, you hereby agree to Baldwin, use, and dissemination of your personal information.
- ENTRY ERRORS/INTERNET. Baldwin is not responsible for lost, late, incomplete, damaged, stolen, invalid, unintelligible or misdirected information. Baldwin is not responsible for lost or late entries nor for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive entry information by Baldwin or presenter on account of technical problems or traffic congestion on the Internet or at any Web site or any combination thereof. If for any reason the program is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Baldwin which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, Baldwin reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, violates these official rules, or acts in a disruptive or unsportsmanlike manner, and to cancel, terminate, modify or suspend the Sweepstakes. In such a situation, Baldwin reserves the right to select winners from eligible entries received as of the termination date. Without limiting the foregoing, Baldwin may reject any entrant, if in Baldwin sole judgment, the entrant has been disqualified, has questionable eligibility, or is otherwise ineligible to enter or participate. CAUTION: A PERSON WHO ATTEMPTS TO UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE SUBJECT TO CIVIL AND/OR CRIMINAL PENALTIES AND FINES; AND FINDKEEP.LOVE RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. If there is a dispute as to the identity of the entrant, the Prize will be awarded to the authorized account holder of the email address. The “authorized account holder” is defined as the natural person to whom the email address is assigned. Baldwin is not responsible for any typographical or other error in the printing of the offer, administration of the Sweepstakes or in the announcement of the Prize.
NON-COMPETITION AND NON-SOLICITATION. By entering this contest, you agree on your own behalf and on behalf of any company or entity for which you are an employee, officer, director, manager, or member or for which you hold any other formal position not to: solicit the Sponsors; engage in the provision of online marketing services to the Sponsors; and/or run, coordinate, or otherwise execute online sweepstakes. This restriction shall last for one-year from the End Date.
Failure to comply with any requirement listed herein, as determined in Baldwin’s sole judgment, may result in removal from the Sweepstakes and/or forfeiture of the Prize after which an alternate winner may be selected.
- GOVERNING LAW: In the event of a dispute between you and Baldwin, either may choose to resolve the dispute by binding arbitration, as described below, instead of in court. Any claim (except for a claim challenging the validity or enforceability of this arbitration agreement, including the Class Action Waiver) may be resolved by binding arbitration if either side requests it. THIS MEANS IF EITHER YOU OR FINDKEEP.LOVE CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. DISCOVERY AND APPEAL RIGHTS ARE LIMITED IN ARBITRATION. This arbitration agreement is governed by the Federal Arbitration Act. Any arbitration will take place in Kansas within one hundred miles of Leawood, Kansas by a single arbitrator, and will be conducted by the American Arbitration Association or JAMS pursuant to the rules of the body conducting the arbitration. ARBITRATION AND/OR ANY COURT ACTION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR FINDKEEP.LOVE MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION OR COURT BY OR AGAINST OTHER PERSON OR ENTITY, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. Only a court, and not an arbitrator, shall determine the validity and effect of the Class Action Waiver. Even if all parties have opted to litigate a claim in court, you or Baldwin, LLC may elect arbitration with respect to any claim made by a new party or any new claims later asserted in that lawsuit. Baldwin, LLC will not choose to arbitrate any claim you bring in small claims court. However, if such a claim is transferred, removed, or appealed to a different court, Baldwin, LLC may then choose to arbitrate and you agree that in so doing, Baldwin, LLC will not have waived any rights. Any action brought in a court against Baldwin, LLC shall be brought in the State Courts of Kansas in Johnson County or in the federal court in the District of Kansas and you and Baldwin, LLC both agree to be subject to personal jurisdiction in the State of Kansas. Except where otherwise indicated, the laws of the United States and Kansas govern this contract. Notwithstanding the foregoing, either party may pursue injunctive or other equitable remedies in the above-identified courts and such claims shall not be subject to arbitration.
SEVERABILITY: If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
WINNERS LIST: A copy of the winners list may be obtained by sending a written request to Baldwin, at PO Box 59816, San Jose, CA 95159-0816 postmarked within 15 calendar days of the End Date or by emailing within 15 calendar days of the End Date. Any such request must identify the Sweepstakes by name. Baldwin will respond by mail or email within thirty days of receipt of the request.
- UPDATES: Baldwin, LLC reserves the right to update or modify these rules at any time with or without notice by posting updated rules at
- CANCELATION: Baldwin reserves the right to cancel the Sweepstakes at any time for any reason.
- THIRD-PARTY FEES: You may be charged for visiting the Sweepstakes website in accordance with the terms of your service agreement with your internet or mobile telephone carrier. Please consult your provider regarding your pricing plan. You must use a Smartphone device to participate via your mobile phone. Not all mobile phone providers carry the necessary service to participate. Check your phone capabilities for specific Internet instructions. If your data usage exceeds what is allotted by your data plan, you could be subject to additional fees by your carrier. Please contact your provider with any questions regarding your bill.
- TAX REPORTING: If the retail value of any winner's prize is $600 or more, or any winner wins prizes which are cumulatively valued at over $600 in the course of a single year, the winner must complete a W9 form and supply Baldwin, LLC with his/her social security number for tax purposes. An IRS Form 1099 will be issued in the name of the winner for the actual value of the prizes received.
- ADDITIONAL FORMS AND RELEASES: Any winner may be required to sign and return, where applicable, an affidavit of eligibility, a liability release, and where legally permissible a publicity release.
- COPY OF OFFICIAL RULES. To a printed copy of these Official Rules, send a written request by the Sweepstakes End Date to Baldwin, LLC, at PO Box 59816, San Jose, CA 95159-0816. Any such request must identify the Sweepstakes by the name.
- RIGHT TO CANCEL OR SUSPEND CONTEST. If for any reason these Sweepstakes are not capable of running as planned, due to technical failures, or for any other reason and/or at the sole discretion of Baldwin, including without limitation due to any other causes that corrupt or affect the administration, security, fairness, integrity, or proper conduct of these Sweepstakes, Baldwin reserves the right, at its sole discretion, to cancel, terminate, modify, or suspend the Sweepstakes, or to disqualify any individual(s) who tamper with the entry process.