B.F. ASCHER & CO., INC.
SOCIAL MEDIA POLICY
The B.F. Ascher & Co., Inc. social media pages are intended to be fun community pages where fans can learn about products, promotions and more. We encourage fans to share thoughts and opinions on the B.F. Ascher & Co., Inc. social media pages with the exception that they will do so in a respectful manner.
B.F. Ascher & Co., Inc. reserves the right to remove inappropriate posts, including those that are: (a) abusive, defamatory, threatening or obscene; (b) fraudulent, deceptive, misleading, untrue, off-topic or scientifically unfounded; (c) in violation of any law or regulation; or (d) offensive, either graphically or in tone. Repeated violations of the B.F. Ascher & Co., Inc. Social Media Policy may cause the author to be blocked from our social media channels.
B.F. Ascher & Co., Inc. does not endorse or take responsibility for the accuracy of information, opinions, claims, or advice shared by fans of our social media pages.
Legal and Regulatory Issues
Because we are in a regulated industry, there are topics we won’t be able or willing to talk about, and some discussions may need to be redirected or curtailed for the same reason. By way of example, we ask you to refrain from posting comments containing:
- unsubstantiated claims about, or recommending “off-label” or unapproved/non-directed uses of, our products;
- third-party intellectual property, such as any copyright-protected material (art, music, videos, written text), or any trademarks or logos, except with the express consent of the owners of such intellectual property;
- performances, or parts thereof, that have been broadcast, streamed, published, televised or recorded as part of a motion picture;
- information plagiarized from another source;
- photos and/or videos, including those depicting individuals, unless the photographer (and, where applicable, the depicted individual, and if the depicted individual is a child, the child’s parents or legal guardian) or videographer have expressly consented to such use;
- the names of any individuals, and/or other information that could allow anyone to identify the individual(s), such as an address, phone number, social security number, license plate number, hometown, school, etc., unless those individuals have expressly consented to such use;
- the names, photographs, voices, or other likeness of celebrities, either living or dead, whether favorable or unfavorable;
- inappropriate comments or inferences about our competitors (for example, disparaging comments, or any statements about their products);
- information that is false, inaccurate or misleading;
- medical advice, unless you are a licensed healthcare provider;
- third-party confidential or non-public information;
- predatory conduct towards minors;
- libel, slander, or defamation of character;
- inappropriate or “off-color” statements;
- text, pictures or images that could be described as: obscene, profane, lewd, crude, vulgar, offensive, provocative or pornographic, or as containing gang signs or symbols, gun imagery, political or religious propaganda, derogatory characterizations of any ethnic, racial, sexual or religious group, depictions of alcohol or drug abuse, or promotion of illegal activity of any kind;
- links to other websites;
- spam; and
- software viruses, Trojan horses, worms, time bombs or any other computer code or files or disabling mechanisms that are designed to disrupt, damage or limit the functioning of any software, hardware, telecommunications equipment or that interferes with the operation of the social media site.
By posting, you are promising us that your post complies with these guidelines and doesn’t contain any of the restricted content listed above. Please note, however, that we may remove any post that we believe does not so comply.
We May Use Your Posts
By posting on one or more of our social media channels, you understand that your posts, and any ideas or techniques contained in them, may be freely used by us in any way and in any media, including on this forum, on our other websites and social media pages, and in our business. Accordingly, please do not submit any ideas or materials that you wish to keep confidential or for which you expect to receive compensation. In addition, when you post in any of our social media channels, your name, likeness and social media handle will be visible and associated with your post and if we re-use your post elsewhere, we may display your name, likeness and handle there as well.
Product Campaign Contests Terms & Conditions
1. Eligibility: This Campaign is open only to those who are 18 years or older as of the date of entry. The Campaign is only open to legal residents of The United States and is void where prohibited by law. Employees of B.F. Ascher and its affiliates, subsidiaries, advertising and promotion agencies, and suppliers, (collectively the “Employees”), and immediate family members and/or those living in the same household of Employees are not eligible to participate in the Campaign. The Campaign is subject to all applicable federal, state, and local laws and regulations. Void where prohibited.
2. Agreement to Rules: By participating, the Contestant (“You”) agree to be fully unconditionally bound by these Rules, and You represent and warrant that You meet the eligibility requirements. In addition, You agree to accept the decisions of B.F. Ascher as final and binding as it relates to the content of this Campaign.
3. Campaign Period: Entries will be accepted online starting on April 2, 2018 at 11:59 a.m. (CST) and ending April 30, 2018 at 11:59 a.m. (CST). All online entries must be received by April 30, 2018 at 11:59 a.m. (CST).
4. How to Enter: The Campaign must be entered by following the Pretty Feet & Hands Instagram page and tagging a friend in any post made by the page during the month of April. The entry must fulfill all Campaign requirements, as specified, to be eligible to win a prize. Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of B.F. Ascher.
5. Prizes: The Winner(s) of the Campaign (the “Winner”) will receive [list prizes and approximate retail value]. Actual/appraised value may differ at time of prize award. The specifics of the prize shall be solely determined by B.F. Ascher. No cash or other prize substitution shall be permitted except at B.F. Ascher’s discretion. The prize is non transferable. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of Winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by Winner is permitted. Acceptance of prize constitutes permission for B.F. Ascher to use Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
6. Odds: The odds of winning depend on the number of eligible entries received.
7. Winner Selection and Notification: Winner will be selected by a random drawing under the supervision of B.F. Ascher. Winner will be notified by direct message on Instagram within five (5) days following selection of Winner. B.F. Ascher shall have no liability for Winner’s failure to receive notices due to spam, junk e-mail or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information. If Winner cannot be contacted, is ineligible, fails to claim the prize within 48 hours from the time award notification was sent, the prize may be forfeited, and an alternate Winner selected. Receipt by Winner of the prize offered in this Campaign is conditioned upon compliance with any and all federal, state, and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (AT B.F. ASCHER’S SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE CAMPAIGN, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
8. Rights Granted by You: By entering this content (e.g., photo, video, text, etc.), You understand and agree that B.F. Ascher, anyone acting on behalf of B.F. Ascher, and B.F. Ascher’s licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the Campaign, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes, without any further compensation, notice, review, or consent.
9. Terms & Conditions: B.F. Ascher reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Campaign should virus, bug, non-authorized human intervention, fraud, or other cause beyond B.F. Ascher’s control corrupt or affect the administration, security, fairness, or proper conduct of the Campaign. In such case, B.F. Ascher may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by B.F. Ascher. B.F. Ascher reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Campaign or website or violates these Terms & Conditions. B.F. Ascher has the right, in its sole discretion, to maintain the integrity of the Campaign, to void votes for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Campaign rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Campaign may be a violation of criminal and civil laws. Should such attempt be made, B.F. Ascher reserves the right to seek damages to the fullest extent permitted by law.
10. Limitation of Liability: By entering, You agree to release and hold harmless B.F. Ascher and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrant’s participation in the Campaign and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error in the administration of the Promotion or the processing of entries.
11. Disputes: THIS Campaign IS GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF KANSAS WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Campaign, participant agrees that any and all disputes that cannot be resolved between the parties and causes of action arising out of or connected with this Campaign,shall be resolved individually, without resort to any form of class action, exclusively before a court located in Kansas having jurisdiction. Further, in any such dispute, under no circumstances shall participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Campaign). Participant further waives all rights to have damages multiplied or increased.
13. Winners List: To obtain a copy of the Winner’s name or a copy of these Official Rules, mail your request along with a stamped, self-addressed envelope to: B.F. Ascher, PO Box 717, Shawnee Mission, KS 66201. Requests must be received no later than April 30, 2018 at 11:59 a.m. (CST).
14. Sponsor: The Sponsor of the Campaign is B.F. Ascher, PO Box 717, Shawnee Mission, KS 66201.
15. Instagram & Facebook: The Campaign hosted by B.F. Ascher is in no way sponsored, endorsed, administered by, or associated with Instagram or Facebook.