Terms and Conditions
Last revised on Nov. 8, 2022
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These terms and conditions (these “Terms”) apply to a party’s (referred to as “you” or “your” as the context may require) submission of a product entry (the “Entry” or “Entries”) for the IntrigueMag Hottest in Sex Toys Awards (the “Awards” which may also individually be referred to as an “Award” or the “Awards”). These Terms are subject to change by IntrigueMag LLC (“Intrigue,” “us,” “we,” or “our”). You should review these Terms prior to submitting an Entry for the Awards and paying the requisite fee for Entry (the “Fee”). By submitting an Entry and/or paying the Fee for the Awards, you accept and agree to these Terms, as they may be updated from time to time without prior written notice and in our sole discretion.
These Terms entail your rights and obligations, as well as conditions, limitations and exclusions that might apply to you in connection with your Entry and the submission process for the IntrigueMag Hottest in Sex Toys Awards. Please read these Terms carefully and keep a copy for your reference. By paying the Fee and submitting an Entry for the Awards, you represent and warrant that you are of legal age to enter into these Terms and you accept them without restriction or modification. You represent and warrant that by submitting an Entry and paying the Fee on behalf of a company or organization, you have the legal authority to bind any such organization or company to these Terms. You may not submit an Entry to the Awards if you (a) do not agree to these Terms, (b) do not pay the Fee, (c) are not the older of at least (i) eighteen (18) years of age or (ii) legal age to form a binding contract with us, or (d) are banned from accessing or using the Site or any of the Site’s features, they be products or services, by applicable law.
For your Entry to be considered for the Awards, you are required to pay the Fee applicable to your Entry, including paying a separate Fee for each Entry using the payment link in accordance with the instructions provided by us in writing. PAYMENT OF THE FEE ONLY ENTITLES YOU TO SUBMIT YOUR ENTRY FOR CONSIDERATION FOR THE AWARDS. PAYMENT OF THE FEE WILL NOT ENTITLE YOU TO RECEIVE AN AWARD, ACCOLADE, OR FEATURE OR MENTION FROM US IN ANY REGARD, AND IT DOES NOT MEAN AN ENDORSEMENT FROM US OR OUR AFFILIATES. SUBMITTING AN ENTRY FOR THE AWARD ALSO DOES NOT ENTITLE YOU TO EDITORIAL CONSIDERATION IN ANY OTHER CAPACITY OUTSIDE OF RELATION TO THIS AWARD. Each Entry is limited to one product only. To submit multiple products for consideration for the Awards, you must submit a separate Entry and pay a separate Fee for each product. All Fee payments, and any information you submit in connection with paying the Fee, shall be processed by or on behalf of Stripe, Inc. (“Stripe”), PayPal Holdings, Inc. (“PayPal”) and shall be subject to Stripe’s and PayPal’s terms and privacy policies, which may be updated from time to time in Stripe’s and PayPal’s sole discretions.
You are responsible for all costs associated with Entry submissions (including but not limited to the Fee), as well as all sales, use and excise taxes, and any other similar taxes, duties and charges of any kind imposed by any federal, state or local governmental entity on any amounts payable by you hereunder. Under no circumstance shall you be responsible for any taxes imposed on, or with respect to, our income, revenues, gross receipts, personnel, or real or personal property or other assets.
Entries for the IntrigueMag Hottest in Sex Toys Awards under no circumstances will be considered for selection if (i) they do not meet the IntrigueMag safety submission standard and/or (ii) you do not provide any additional information required to be submitted as part of any Entries to the IntrigueMag Hottest in Sex Toys Awards, as specified on the Site. In addition to paying the Fee, you must adhere to the guidelines for submitting an Entry for the Award(s) provided at the Site or otherwise provided by us at any time in writing (email included), including such Entry deadlines.
All Entries must be submitted electronically in written form and acknowledged by us for consideration. WE ARE NOT PERMITTED TO NOTIFY YOU IF YOUR ENTRY IS NOT ACCEPTED. We will not be obligated to consider your Entry for the Awards if you do not submit your Entry in accordance with the instructions provided on the Site, pay the submission Fee and/or comply with these Terms as well as our submission guidelines as expressed on the Site and in any electronic exchange (email included). Neither payment of the Fee nor submission of an Entry shall entitle you to receive an Award, or any award, title, or goods or services that we offer. All recipients of the Awards will be selected in our absolute and sole discretion. We may exclude any participant or Entry from the Awards submission process at any time in our sole discretion and free of liability. THE FEE IS NON-REFUNDABLE.
You confirm that the information supplied in your Entry is true, accurate and not misleading. You understand and accept that if any information supplied by you, whether on behalf of a company or organization, is not considered true, or is misleading in any way, we may in our sole and absolute discretion exclude you from the submission process, revoke or restrict your access from the Site, and/or take any further action we deem necessary.
TO THE MAXIMUM EXTENT PROVIDED BY LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, WHETHER IN BREACH, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY, OR OTHER CONTRACT OR TORT CLAIM, WHATSOEVER TO ANY OTHER PARTY OR TO ANY THIRD PARTY OR ENTITY SUFFERED BY THAT PARTY OR ANY OTHER PERSON OR ENTITY RESULTING FROM ANY CAUSE UNDER THIS AGREEMENT, EVEN IF FORESEEABLE. WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY THAT MAY ARISE FROM, OR RELATE TO, YOUR SUBMISSION OF AN ENTRY AND/OR YOUR PARTICIPATION IN THE AWARDS SUBMISSION AND SELECTION PROCESS.
Our Privacy Policy may be updated from time to time in our sole discretion, governs the processing of all Personal Information (as defined therein) that we may collect from you in relation to these Terms, and Stripe’s Privacy Policy and PayPal’s Privacy Policy, which may be updated from time to time in Stripe’s or PayPal’s sole discretion, shall apply to any personal information, including payment card and bank information, that you may provide in connection with paying the Fee and any other payments in connection with the Fee, including but not limited to all sales, use and excise taxes, and any other similar taxes, duties and charges of any kind imposed by any federal, state or local governmental entity on any amounts payable by you hereunder.
No Representations or Warranties. Except as expressly provided in these Terms, we hereby disclaim all representations and warranties with respect to the Awards or our consideration of any Entries for the Awards, including, without limitation, any warranties regarding suitability, merchantability, fitness for a particular purpose or otherwise, of any services or any goods provided incidental to services provided under these Terms. IntrigueMag disclaims any warranty of title or non-infringement except as otherwise set forth in these Terms.
Publicity. Except as required by law, you shall not make any public statement, such as advertisements, marketing materials, or press releases, referring to the existence of these Terms including the details about your Entry, the submission process or the Awards even if, in the case, your Entry is selected for an Award. You also agree not to use in advertising, marketing or publicity any name, domain name or trademark owned by or referring to us or our affiliates, or make claims, directly or indirectly, that any product or service offered by you has been endorsed by us or our affiliates.
Governing Law and Jurisdiction. These Terms, and all matters arising out of or relating to these Terms or an Entry, are governed by, and construed in accordance with, the laws of the state of New Jersey. Each party irrevocably agrees that any action, suit, or other legal proceedings of any kind against the other party in any way arising from or relating to these Terms, and all contemplated transactions, including contract, equity, tort, fraud, and statutory claims, shall be brought in a court only in Clifton, New Jersey and any appellate court from any thereof. Each party irrevocably submits to the exclusive jurisdiction of such courts and agrees to bring any such action, suit, or other legal proceedings of any kind only in Passaic County, NJ. Each party agrees that a final judgment in any such action, suit, or legal proceedings is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. EACH PARTY TO THIS AGREEMENT ALSO HEREBY WAIVES ANY RIGHT TO TRIAL BY JURY IN CONNECTION WITH ANY SUIT, ACTION, OR PROCEEDING UNDER OR IN CONNECTION WITH THIS AGREEMENT.
Indemnification. You agree to indemnify, defend and hold harmless Intrigue, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your violation of these Terms. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.
Arbitration. In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding, or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regard to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Intrigue agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
Assignment. Neither these Terms nor any right or obligation hereunder may be assigned by any party without the prior written consent of the other parties, and any attempted assignment without the required consent shall be void.
Waiver. Any party may, in its sole discretion, waive in writing any of the terms and conditions of these Terms. Waivers of any covenant, term, or condition contained herein shall not be construed as a waiver of any subsequent breach of the same covenant, term, or condition.
Severability. If any provision of these Terms shall be held or made invalid by a court decision, statute or rule, or shall be otherwise rendered invalid, the remainder of these Terms shall not be affected thereby.
Entire Agreement. These Terms constitute the entire agreement of the parties hereto and supersedes all prior representations, understandings, undertakings or agreements (whether oral or written and whether expressed or implied) of the parties with respect to the subject matter hereof. By acknowledging your acceptance of these Terms, you agree that these Terms govern your participation in the Awards submission process and you agree to be bound by these Terms. Notwithstanding the foregoing, if your Entry is selected for an Award, your use of any seals, trademarks, trade names, logos, or other intellectual property related to such award, shall be governed by a separate agreement.
Contact us. For any questions regarding the use of such seals, you may contact us at awards@intriguemag.com.
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