TERMS & CONDITIONS | ONE WESTFIELD PLACE

TERMS AND CONDITIONS

 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR USE OF THIS WEBSITE  INCLUDING ALL CONTENT, INFORMATION, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THIS WEBSITE, (COLLECTIVELY, THE “WEBSITE”) AND YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. BY ACCESSING OR USING THIS WEBSITE, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

GENERAL

This Website is owned and operated by Street-Works Development LLC in conjunction with its affiliates (collectively “Street-Works Development” or “our”) in accordance with these Terms and Conditions. Street-Works Development may modify these Terms and Conditions from time to time, for any reason, by posting revised Terms and Conditions on this Website.  Please review these Terms and Conditions from time to time so you will be apprised of any changes.  If you continue to use this Website after the revised Terms and Conditions have been posted, you will be deemed to have agreed to them.

If you become aware of any misuse of the Website, please contact us by email at info@onewestfieldplace.com or via our mailing address provided below:

Street-Works Development LLC
225 Liberty Street. 31st Floor
New York, NY 10281

THE CONTENT OF THIS WEBSITE / INTELLECTUAL PROPERTY

All content which forms a part of this website, including without limitation, all text, information, pricing, design, graphics, sounds, drawings, photographs, e-mails, video, code, software, tradenames and all organization and presentation of such content (collectively, the “Content”), is subject to proprietary rights provided under intellectual property law including without limitation patent, copyright, trademark, and trade secret laws. You acknowledge and agree that the ownership right and title to such rights will continue and remain with Street-Works Development or its licensors, as the case may be. You are permitted to view and download a single copy of the Content and print hard copies of pages from this Website for your own non-commercial and lawful use, provided you keep intact all copyright and any other proprietary notices contained in the original Content. Except as expressly authorized by these Terms and Conditions, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Content in any form or by any means, without the prior written authorization of Street-Works Development or the respective copyright owner. Certain other trademarks, trade names, words, logos, slogans and images depicted on this Website are the property of their respective owners. Use of any such property, except as expressly authorized, shall constitute a violation of the rights of the owner of the property. Street-Works Development reserves the right to enforce its intellectual property rights to the fullest extent of the law.

This Website may contain links to other websites which are provided only as a convenience to you. The provision of any link does not constitute an endorsement of such website by Street-Works Development.  All such other websites are independent from this Website and from Street-Works Development. Street-Works Development has no control over and expressly disclaims any liability for such other websites and their content. Any transactions that take place between you and the third party are directly with the third party and Street-Works Development is not and shall not be held responsible for any loss or damage that you may incur as a consequence thereto. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.

WARRANTIES, DISCLAIMERS AND EXCLUSION OF LIABILITY

You expressly understand and agree that: The Website and its Content are provided on an “as is” and “as available” basis and your use of (or inability to use) this Website and the Content is at your own risk. Street-Works Development and its affiliates, directors, officers, employees, agents and representatives expressly disclaim all warranties of any kind, whether express or implied including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Without limiting the generality of the foregoing, Street-Works Development makes no warranty that: (i) the Website will meet your requirements or will be uninterrupted, timely, secure, or error free; (ii) information that may be obtained will be accurate or reliable; (iii) the quality of any products, services, information or other material obtained by you through the Website will meet your expectations or needs; and (iv) any errors in the Website will be corrected. Street-Works Development assumes no responsibility, and shall not be liable, for any damages to, or any viruses affecting your computer equipment or other property on account of your access to or use of this Website. You agree that your sole remedy in the event of any problem with your use is to cease using this Website.

In no event shall Street-Works Development or any of its directors, employees, officers, agents and representatives and their respective successors and assigns be liable for any loss or damages whatsoever arising out of or related to access to or use of this Website or the Content, or any other website linked to this Website, regardless of whether such loss or damages are based on warranty, contract, tort (including negligence), strict liability, products liability or other theories of liability, including without limitation liability for direct, indirect, special, punitive, incidental or consequential damages. Without limiting the generality of the foregoing, Street-Works Development and its affiliates, directors, officers, employees, agents and representatives and their respective successors and assigns shall not have any liability: (i) as a publisher of information; (ii) as a reseller of any products or services; (iii) for any incorrect or inaccurate information; (iv) for any unauthorized access to or disclosure of your transmissions or data; (v) for statements or conduct of any third party on the Website; or (vi) for any other matter relating to this Website or any third party website.

Notwithstanding anything to the contrary, the sole and entire maximum liability of Street-Works Development for any reason, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product, information or service purchased by you from Street-Works Development on this Website. Some jurisdictions do not allow the disclaimer of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you.

OWNERSHIP OF CONTENT

For any content that you submit, you grant Street-Works Development a perpetual, irrevocable, royalty-free, transferable and fully sublicensable right and license with respect to such content to use, produce, reproduce, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from,  sell, communicate to the public by telecommunications, distribute, incorporate into any form, medium or technology, each throughout the world in any media for all purposes, including advertising and promotions, without compensation to you. All content that you submit on or through the Website may be used at Street-Works Development’s sole discretion. Street-Works Development reserves the right to change, condense or delete any content on the Website including but not limited to content that Street-Works Development deems, in its sole discretion, to violate any provision of these Terms and Conditions. Street-Works Development does not guarantee that you will have any recourse through Street-Works Development to edit or delete any content you have submitted. Street-Works Development has the right but not the obligation to monitor, edit, remove or refuse to post any submission or content for any reason. You acknowledge that you, not Street-Works Development, are responsible for the content of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of Street-Works Development, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees. Street-Works Development takes no responsibility and assumes no liability for any content posted or submitted by you or by any third party.

PRIVACY

Use of the Website is subject to the terms of Street-Works Development’s Privacy Policy, which is hereby incorporated into and made part of these Terms and Conditions. Please carefully review Street-Works Development’s Privacy Policy. By using the Website, you agree to be bound by the terms of our Privacy Policy.

SECURITY

You are prohibited from violating or attempting to violate the security of this Website, including, without limitation: (a) accessing data not intended for you, including logging into a server or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network to breach security or authentication measures without proper authorization; (c) attempting to interfere with, disrupt or disable service to any user, host or network, including, without limitation, via means of “denial of service” attacks, overloading, “flooding”, “mailbombing” or “crashing”; (d) forging any TCP/IP packet header or any part of the header information in any posting; (e) disrupting network nodes or network services or otherwise restricting, inhibiting, disrupting or impeding Street-Works Development’s ability to monitor or make the Website available, or; (f) taking any action in order to obtain services to which you are not entitled.

SUSPENSION OR TERMINATION

If Street-Works Development determines, in its sole discretion, that you are in violation of these Terms and Conditions or at risk of violation of these Terms and Conditions, Street-Works Development may suspend or terminate your use or access to the Website without notice to you, and take any other action available to it at law. Street-Works Development shall not be liable for any damages of any nature suffered by you or a third party resulting from Street-Works Development’s exercise of its rights under these Terms and Conditions.

MISCELLANEOUS

These Terms and Conditions constitute the entire and only Terms and Conditions between Street-Works Development and each user of the Website with respect to the subject matter of these Terms and Conditions. If any provision of these Terms and Conditions are deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions will not be affected. The failure of Street-Works Development to insist upon strict adherence to any term of these Terms and Conditions shall not constitute a waiver of such term and shall not be considered a waiver or limit Street-Works Development’s right thereafter to insist upon strict adherence to that term or any other term contained in these Terms and Conditions.

WESTFIELD GIFT CARD GIVEAWAY

NO PURCHASE NECESSARY.  BY ENTERING, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.

SPONSOR:      The sponsor of the Giveaway is Street-Works Development LLC located at 225 Liberty Street, New York, NY 10281 (“Sponsor”).

GIVEAWAY DESCRIPTION AND TIMING:  The “Westfield Gift Card Giveaway” (the “Giveaway”) begins on December 7, 2022 at 10:00 a.m. Eastern Time (“ET”) and ends on December 30, 2022 at 5:00 p.m. ET (the “Giveaway Period”).  Eligible entrants must (i) visit the Westfield Preview Center, located at 76 Elm Street, Westfield, NJ 07090 (“Giveaway Location”) during the Giveaway Period; (ii) mention seeing an advertisement for the Giveaway (“Ad”) to Sponsor staff at the Giveaway Location; and (iii) provide his, her, or their email address to Sponsor staff. Once the foregoing requirements are complete, Sponsor staff will hand out one (1) Downtown Westfield Gift Card (“Gift Card”) per household. The amount of the Gift Card will be randomized, but will range from five dollars ($5.00) to one hundred dollars ($100.00) in value.  Entry in the Giveaway does not constitute entry into any other promotion, contest or sweepstakes.  By participating in the Giveaway, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of the Sponsor which shall be final and binding in all respects.  Void where prohibited by law.

ELIGIBILITY:  The Giveaway is open only to legal residents of the fifty (50) United States and the District of Columbia, who are (i) at least eighteen (18) years of age as of the date of entry and (ii) complete all Giveaway requirements as set forth herein.  Employees of Sponsor, and their/its parents, subsidiaries, divisions, affiliates, suppliers, distributors, and advertising, promotional and judging agencies, including the administrator of this Giveaway if any, and the immediate family members (spouses, parents, children and siblings and their spouses) and household members of each (whether related or not), are not eligible to participate or win. 

HOW TO ENTER:  There is NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY to participate in the Giveaway. 

AT PHYSICAL LOCATION:  During the Giveaway Period, you may enter the Giveaway by (i) visiting the Giveaway Location; (ii) mentioning the Ad to Sponsor staff; and (iii) providing your email address to Sponsor staff.  Upon completion of the foregoing requirements, you will receive one (1) Gift Card per household, the amount of which shall be randomized, ranging from five dollars ($5.00) to one hundred dollars ($100.00) in value.  All entries must be received by the end of the Giveaway Period in order to participate, and are subject to availability.  All requested information must be included in your entry to be eligible to win. There is a limit of one (1) entry and one (1) Gift Card per household.

PRIZES/ODDS:  All eligible entrants who satisfy the requirements will receive one (1) random Gift Card per household.

OTHER PRIZING:   Each prize consists of one (1) Gift Card per household. The Gift Card is subject to the terms and conditions associated therewith and imposed by issuer.

GENERAL GIFT CARD CONDITIONS:  One (1) Gift Card will be awarded per household only if each potential Gift Card winner fully complies with these Official Rules.  All portions of the Gift Card are non-assignable and non-transferable.  All details and other restrictions of the Gift Card not specified in these Official Rules will be determined by Sponsor in its sole discretion.  No cash alternative or substitution of the Gift Card will be allowed.  Each Gift Card winner shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize. 

Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any Gift Card furnished in connection with the Giveway.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH GIFT CARD IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.

GENERAL LIABILITY RELEASE/FORCE MAJEURE:  By participating in the Giveaway, entrants agree to be bound by these Official Rules, the privacy policy of Sponsor located at https://onewestfieldplace.com/privacy-policy/, and the decisions of the Sponsor.  Acceptance of a Gift Card constitutes permission for the Giveaway Entities to use that winner’s name and/or likeness, biographical information, and/or entry for purposes of advertising and trade and on the winner’s list without further compensation, unless prohibited by law.  By submitting an entry, you warrant that all of the information provided as part of your entry is accurate, does not violate any third party’s legal rights (including without limitation rights of privacy and publicity) and otherwise does not violate applicable law.  Entrants agree that the Giveaway Entities and any news websites, platforms, or outlets displaying the Ad (A) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Giveaway or any Giveaway-related activity, or from entrants’ acceptance, receipt, possession and/or use or misuse of any Gift Card, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to the Gift Card, including, without limitation, to such Gift Card’s quality or fitness for a particular purpose.  The Giveaway Entities assume no responsibility for any damage to an entrant’s, or any other person’s, computer system which is occasioned by accessing the Ad or otherwise participating in the Giveaway, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature.  Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due submissions or prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information.  Sponsor has the right in their sole discretion to disqualify any entrant who is found to be tampering with the entry process or the operation of the Giveaway or the Giveaway Location, 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 Giveaway, 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.  Sponsor reserves the right to modify, extend, suspend, or terminate the Giveaway if it determines, in its sole discretion, that the Giveaway 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 Giveaway as contemplated herein.  In the event Sponsor is prevented from awarding prizes or continuing with the Giveaway as contemplated herein by any event beyond their control, including but not limited to fire, flood, natural or man-made epidemic of health of 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 (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, or terminate the Giveaway.  These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by duly authorized representatives 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 GIVEAWAY SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF NEW JERSEY 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 Giveaway, each entrant agrees that: (1)  any and all disputes the entrant may have with, or claims entrant may have against, the Giveaway Entities relating to, arising out of or connected in any way with the Giveaway, the awarding or redemption of any prize, and/or 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 JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held in New Jersey; (4) 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 Giveaway; (5) the arbitrator shall apply New Jersey law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only the entrant’s and/or the applicable Giveaway Entities’ individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7)  the arbitrator shall not have the power to award punitive damages against the participant or any Giveaway Entity.  For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.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.  If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither entrant nor any Giveaway Entity shall be entitled to arbitrate their dispute.

WINNERS LIST/OFFICIAL RULES:  To obtain a copy of any legally-required winners list, send a self-addressed stamped envelope to: “The Westfield Gift Card Giveaway Winners List”, to 225 Liberty Street, New York, NY 10281 Attn: Trenesa Danuser.  Vermont residents may omit return postage.

DISCLAIMER:           This Giveaway is in no way sponsored, endorsed or administered by, or associated with, any social media or news websites, platforms, or outlets where the Ad may be posted.  You understand that by entering this Giveaway, you are providing information to Sponsor and not to any social media or news websites, platforms, or outlets that may display, publicize, or describe the Ad or this Giveaway.

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