Customer Ratings and Reviews terms and conditions

These Terms of Use govern your conduct associated with the Customer Ratings and Review service offered by Hallmark Cards, Inc. (the “CRR Service”). To the extent of any conflict between Hallmark Cards, Inc.’s Privacy Policy and these Terms of Use, these Terms of Use shall control with respect to the CRR Service.

By submitting any content to Hallmark Cards, Inc., you represent and warrant that:

  • you are the sole author and owner of the intellectual property rights thereto;
  • all “moral rights” that you may have in such content have been voluntarily waived by you;
  • all content that you post is accurate;
  • You are at least 18 years old or have the specific permission of a parent or legal guardian;
  • use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity.

You further agree and warrant that you shall not submit any content:

  • that is known by you to be false, inaccurate or misleading;
  • that infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  • that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
  • that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
  • for which you were compensated or granted any consideration by any third party;
  • that includes any information that references other websites, addresses, email addresses, contact information or phone numbers;
  • that contains any computer viruses, worms or other potentially damaging computer programs or files.

You agree to indemnify and hold Hallmark Cards, Inc. (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, including but not limited to Bazaarvoice, Inc.), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys’ fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.

For any content that you submit, you grant Hallmark Cards, Inc. a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.

All content that you submit may be used at Hallmark Cards, Inc.’s sole discretion. Hallmark Cards, Inc. reserves the right to change, condense or delete any content on Hallmark Cards, Inc.’s website that Hallmark Cards, Inc. deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms of Use. Hallmark Cards, Inc. does not guarantee that you will have any recourse through Hallmark Cards, Inc. to edit or delete any content you have submitted. Ratings and written comments are generally posted within two to four business days. However, Hallmark Cards, Inc. reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not Hallmark Cards, Inc., are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of Hallmark Cards, Inc., its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.

By submitting your email address in connection with your rating and review, you agree that Hallmark Cards, Inc. and its third party service providers may use your email address to contact you about the status of your review and other administrative purposes.

 

Sweepstakes Official Rules

Open only to residents of the fifty United States and the District of Columbia who are 18 years of age or older. NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.

ELIGIBILITY: The Hallmark Ratings and Reviews Sweepstakes (the “Sweepstakes”) is open to legal residents of the 50 United States and the District of Columbia, who are 18 years of age or older at the time of entry. Employees, officers, and directors of Sponsor, and each of their affiliated companies, parents, subsidiaries and licensees (collectively, the “Sweepstakes Entities”), and each of their immediate family members and/or people living in the same household, are not eligible to participate or to win. Eligibility is subject to all federal, state and local laws and regulations. All entries submitted are the property of the Sponsor. The Administrator’s computer server will be the official timekeeper for all matters related to this Sweepstakes.

 

HOW TO ENTER: There shall be separate Sweepstakes (each a “Sweepstakes”) conducted during each calendar month starting December 1, 2016, and ending January 31, 2018, each calendar month constituting a “Sweepstakes Period.” Each Sweepstakes Period begins at 12:00:01 a.m. Eastern Daylight Time (“EDT”) on the first day of the month (or portion of a month) of each Sweepstakes Period and ends at 11:59 p.m. EDT on the last calendar day of that month. You will be automatically entered into the Sweepstakes by completing a rating or review on Hallmark.com during a Sweepstakes Period. Entry registration may require registration on Hallmark.com and include your email address. Entry in this Sweepstakes does not constitute entry into any other sweepstakes, contest or promotion. By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of the Sponsor and Administrator, whose decisions shall be final and legally binding in all respects. Limit one (1) entry per person and/or email address for each rating or review entered on Hallmark.com.

The Sponsor is not responsible for misdirected, late, incomplete, illegible, or lost entries, or any unforeseen circumstances, including but not limited to issues involving the internet or accessing the Hallmark.com ratings and review pages, that may limit an individual’s ability to participate in the Sweepstakes. All entries become the property of the Sponsor and will not be returned. Entries made by any other individual or any entity, including but not limited to commercial sweepstakes subscription notification and/or entering services, will be declared invalid and disqualified for this Sweepstakes. Ratings or reviews created in violation of the Hallmark.com Customer Ratings and Reviews terms and conditions or Ratings and Reviews Guidelines will be declared invalid and disqualified for this Sweepstakes. Tampering with the entry process or the operation of the Sweepstakes is prohibited and any entries deemed by Sponsor, in its sole discretion, to have been submitted in this manner would be void. Entries generated by a script, macro or other automated means will be disqualified. Entries that are incomplete, garbled, corrupted or unintelligible for any reason, including, but not limited to, computer, network or telephone connection malfunction or congestion, are void and will not be accepted.  In case of a dispute over the identity of an entrant the authorized account holder of the email address used to enter will be deemed to be the entrant. “Authorized account holder” is defined as the person who is assigned to an email address by an Internet Access Provider, online service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address.

Alternate form of entry: On a 3″ x 5″ card, legibly hand print or type your first name, last name, mailing address, city, state, zip code, telephone number (including area code), year of birth, and mail your 3” x 5” card in a business size envelope to Hallmark.com, Attn: Hallmark.com Ratings and Reviews Sweepstakes 2501 McGee PO Box 419580, MD#520, Kansas City, Missouri 64141-6580, to receive one (1) Entry for that month into the Sweepstakes period.

 

PRIZE/ODDS: The grand prize for each Sweepstakes will be a Hallmark Gold Crown Gift Card in the amount of $100. The odds of winning depend on the number of entries received for each Sweepstakes in each Sweepstakes Period. Total maximum approximate retail value of all prizes for each Sweepstakes is $100.

Prizes are provided on an “as is” basis, without any warranty of any kind and are non-transferable. Any portion of the Prize not accepted by the Winner will be forfeited. Prizes may not be redeemed for cash or substituted in any manner.

 

DRAWING/NOTIFICATION: A random drawing will be conducted on or about three business days after the end of each Sweepstakes Period from all eligible entries received during the Sweepstakes Period. Conduct of the Sweepstakes and the drawing are under the supervision of the Administrator. Prize winner(s) will be notified by email. Sponsor shall have no liability for any potential prize winning notification that is lost, intercepted or not received by any potential winner for any reason. If, despite reasonable efforts, any potential prize winner does not respond within (3) days of the first notification attempt such potential prize winner will forfeit his or her prize and an alternate winner may be selected. Return of any prize notification as undeliverable may result in disqualification and selection of an alternate winner solely at the Sponsor’s discretion. If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential prize winner will be disqualified and an alternate prize winner may be selected. Sponsor will use reasonable efforts to select an alternate winner but in the event one cannot be reasonably determined, such prize will not be awarded.

 

GENERAL PRIZE RESTRICTIONS/CONDITIONS: The Sweepstakes is offered to eligible participants as specified in these official rules, but void where prohibited or restricted by law. By entering, each entrant agrees for entrant and for entrant’s heirs, executors, and administrators (A) to release and hold harmless the Sweepstakes Entities, from any liability, illness, injury, death, loss, litigation or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant’s participation in the Sweepstakes and/or their acceptance, possession, use, or misuse of prize or any portion thereof (including any travel related thereto); (B) the Sweepstakes Entities have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose; and (C) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Sweepstakes itself, and to be bound by all decisions of the Sponsor and Administrator, which are legally binding and final in all respects. Failure to comply with these conditions may result in disqualification from the Sweepstakes at Sponsor’s sole discretion. Winner accepts and agrees to be bound by these rules and the decisions of the Sponsor relating to winner’s participation in the Sweepstakes, selection of the winners and awarding of the prizes, whose decisions are final. Sponsor expressly disclaims any responsibility, and entrants agree to hold the Sweepstakes Entities harmless from any liability or injury or loss to any person or property relating to participation in this Sweepstakes or the delivery and/or subsequent use or misuse of any of the prizes awarded.

 

DISQUALIFICATION/FORCE MAJEURE: Sponsor is not responsible for lost, late, mutilated, misdirected, illegible, incomplete, inaccurate, or stolen, submissions or prize notifications. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Sweepstakes, to be acting in violation of these Official Rules, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted.

Sponsor reserves the right to modify, extend, suspend, or terminate the Sweepstakes if it determines, in its sole discretion, that the Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Sweepstakes as contemplated herein. In the event an insufficient number of eligible entries are received and/or Sponsor is prevented from awarding prizes or continuing with the Sweepstakes as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health or other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control, then Sponsor shall have the right to modify, suspend, or terminate the Sweepstakes. If the Sweepstakes is terminated before the designated end date, Sponsor will (if possible) select the winners in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. Only the type and quantity of prizes described in these Official Rules will be awarded.  If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available in the prize category in question may be selected in a random drawing from among all persons making purportedly valid claims for such prize(s). These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

 

GOVERNING LAW/JURISDICTION: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE SWEEPSTAKES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF MISSOURI WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.

 

ARBITRATION PROVISION: By participating in this Sweepstakes, each entrant agrees that any and all disputes the entrant may have with, or claims entrant may have against, the Sweepstakes Entities relating to, arising out of or connected in any way with (i) the judging, (ii) the awarding or redemption of any prize, and/or (iii) the determination of the scope or applicability of this agreement to arbitrate, will be resolved individually and exclusively by final and binding arbitration administered by the National Arbitration Forum (the “Forum”) and conducted before a sole arbitrator pursuant to the Code of Procedure established by the Forum. The arbitration shall be held at a location determined by the Forum pursuant to the Code of Procedure, or at such other location as may be mutually agreed by the participant and Sponsor. The arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable participant may have entered into in connection with the Sweepstakes. There shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the participant’s and/or Sponsor’s individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. The arbitrator shall not have the power to award punitive damages against the participant or Sponsor. For more information on the Forum and/or the Forum’s Code of Procedure, please visit their website at www.arb-forum.com. If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision shall remain in effect and shall be construed in accordance with its terms as if the invalid or illegal provision were not contained herein.

 

WINNERS LIST/OFFICIAL RULES: To obtain the name of the winners, send a self-addressed stamped envelope to: Hallmark.com Ratings and Reviews Sweepstakes, 2501 McGee Trafficway, MD 100, Kansas City, MO 64141. All such requests must be received by 1/31/18.

 

Sponsor/Administrator: Hallmark.com LLC, 2501 McGee Trafficway, Kansas City, Missouri 64108