Terms & Conditions
Applicability of the following Terms and Conditions
By accessing the website of The Factory owned by Twin Cities Fantasy Factory, LLC (hereinafter “The Factory”), you declare that you have understood the following terms and conditions and that you agree with them. If you do not agree with them, please do not access our offerings.
Copyright and other Intellectual Property Rights
The whole content of The Factory is subject to copyrights. All copyrights on the content of The Factory remain the property of The Factory. Any reproduction, transfer, alteration or utilization of the website and of the logo of The Factory for a public and/or commercial purpose without prior written consent of The Factory is prohibited.
No statement is made of rights with respect to other trademarks, service marks or trade names whether registered or not, which may attach to certain words or signs used herein. The absence of such statement, however, in no way implies that there is no legal protection of these marks, trade names, words or signs.
Note that any product, process or technology described in these documents may be the subject to other Intellectual Property Rights reserved by The Factory or a third party. No right to use any of the above mentioned Intellectual Property Rights of The Factory, whether registered or not, is granted hereunder in any way whatsoever.
Information on the website
The Factory is as diligent as possible in compiling and updating the information on its website. However, The Factory does not guarantee the correctness and completeness of the information provided on its website. Equally, The Factory does not guarantee that this information is up to date. For questions concerning our products, their specifications and their utilization please refer to the instruction manual and/or a qualified expert of The Factory.
By using a link to a third party’s website you leave the website of The Factory. The Factory has not verified the websites of third parties linked to the website of The Factory and does not assume any responsibility for their content – particularly not for any offers, information and opinions contained therein.
Reservation concerning changes
All information, representations, links or other messages may be changed by The Factory at any time without prior notice or explanation to the user. In particular, The Factory is not obliged to remove any outdated information from its website or to expressly mark it as being outdated.
Concerning Your Privacy
Exclusion of liability
The Factory excludes any and all liability for direct or indirect damages of any kind in connection with the access or the utilization of its website or single elements of it and the information provided by its website insofar as and to the extent that such exclusion is not prohibited by law. Liability claims regarding damage caused by an interruption of a part of or all functionalities of the website of The Factory are excluded as well and to the same extent.Furthermore, The Factory does not assume any liability and does not guarantee that the functions on its website are free of errors, that errors are corrected or that the site or the respective server is free of viruses or any other detrimental elements.The information on this web site is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property rights.
Specifications concerning products and applications
The Factory on its website provides various technical specifications concerning the products of The Factory and applications related to those products. These specifications do not form part of an instruction manual for products of The Factory. They do not constitute recommendations or guidance for decisions concerning the purchase of technical products. The information on the website provided by The Factory only serves general information purposes, it may be subject to change at any time without prior notice to the user. Therefore, technical specifications concerning products of The Factory and information about applications related to those products offered on the website may differ from realities. Binding specifications and information are only those in the instruction manual of the product purchased by the client. In these matters – particularly but not exclusively concerning the question whether a product of The Factory fulfils the needs of the customer, the required technical specifications and applications – you should obtain advice from a qualified expert of The Factory or one of our official distributors. All specifications are subject to change without notice. The content of any purchase contract (i.e. technical data, price and applications of the products of The Factory) concerning the purchase of products of The Factory is constituted only by the purchase agreement as such and integral parts thereof (Specifications on the website never form part of a contract).
Personally Identifiable Information
Personally identifiable information includes your name, address, e-mail address or any other information which might reasonably be used to identify you individually. The Factory collects personally identifiable information from web site visitors only when it is voluntarily provided. The Factory will not otherwise collect this information from you on our web site.
At those portions of our web site where we provide you with the option to input personally identifiable information, we notify you of the uses we intend to make of that information in any given instance. When The Factory receives personally identifiable information, we may use it for reasonable business purposes, just as non-Internet businesses do. For example, we may use this information to contact you, via e-mail or regular mail, to provide you with information we believe may be of interest. Personally identifiable information will not be sold or rented by The Factory.
The Factory web site may also collect information from you that is not personally identifiable. For example, we might track information about the date and time visitors access our site, the type of web browser they used, and the web site from which they connected to our site. Our web sites collect this information by depositing certain bits of information called “cookies” in a visitor’s computer. This technology does not collect an individual visitor’s personally identifiable information. Rather, this information is collected in an aggregate form. The cookies can tell us how and when pages in a web site were visited and by how many people. This aggregate information will enable us to improve our web sites to serve and inform you better. It also may allow you to shortcut access to points of interest on our web site when you re-enter our system. Attaching this device to your system has no effect on how it performs.
Links To Other Sites
As a resource to our visitors, The Factory may provide links to other web sites. We try to carefully choose web sites, which we believe are useful and meet our high standards for the accuracy and utility of information. However, because web site design and content can change so quickly, we cannot guarantee the standards of every web site to which we link. Likewise, we are not responsible for the content of any non-The Factory site. We also cannot guarantee the privacy policies of these other sites and suggest you check the privacy policies of those sites directly.
If you wish to stop receiving any e-mails or other communications from The Factory which may be sent to you in the future based on your request for this information, or if you have submitted personally identifiable information through a The Factory web site and would like to have that information deleted from our records, please notify us via the contact form on the this site. Your wishes in these matters will be honoured.
The Factory will make every effort to maintain the accuracy and confidentiality of any personal information you supply to us. If you wish to make additions or other corrections to the information that you have sent in, please transmit it to us via the contact form on the site.
All information transmitted to this The Factory web site is secure to the extent possible using existing technology. Unauthorised third parties should not be able to access it during transmission. We will store the information that you share with us securely and will take appropriate steps to protect it from unauthorised access or disclosure. While no security steps can offer 100 percent protection, we utilise state-of-the-art technology and systems to prevent unauthorised access to the information we hold. We will limit access to this information to those The Factory personnel with a need to know. We educate our staff about their duty to protect your privacy.
VIDEO RELEASE AND WAIVER
I have voluntarily agreed to be filmed or videotaped or my children to be filmed or videotaped in connection with my interest in being potentially considered to participate on or in any The Factory related program “(Program”) owned by The Factory. I hereby consent to the recording, use and reuse by the producers of the Program (“Producers”) and/or any of their respective licensees, assigns, parents, subsidiaries or affiliated entities and each of the respective employees, agents, officers and directors (collectively “Releasees”) of my voice (including, without limitation, my speaking and singing voices and musical compositions created by me), actions, likeness, name, appearance and biographical material (i.e., collectively “Likeness”) in any and all media now known or hereafter devised, worldwide in perpetuity, in or in connection with: (i) my being considered for possible participation in the Program and (ii) the Program and associated promotion and exploitation of the Program (in any form or media) thereof. I agree that Releasees may use all or any part of my Likeness, and may alter or modify it regardless of whether or not I am recognizable. I specifically agree that Releasees shall have full exclusive ownership of any video taken of me herein (“Material”) and I shall have no rights whatsoever to the Material. I further agree that Releasees shall have the right to use the Material and my Likeness in any and all media now known or hereafter devised worldwide, in perpetuity. I grant the rights hereunder whether or not I am selected to participate in the Program in any manner whatsoever. I release Releasees from any and all liability arising out of their use of my Likeness and/or the Material. I agree not to make any claim against Releasees as a result of the recording or use of my Likeness and/or the Material (including, without limitation, any claim that such use invades any right of privacy and/or publicity and any claims based on defamation or libel or false light). I understand that neither Producers nor Releasees make any representation that such Material will or will not be used in any way.
Governing Law/Binding Arbitration
This Release shall be deemed to be entered into in Minneapolis, Minnesota, and shall be governed by and interpreted in accordance with the laws of the State of Minnesota applicable to agreements executed and fully carried out within Minnesota. The parties agree that any and all disputes or controversies arising under or relating to this Release shall be resolved by binding confidential arbitration in Minneapolis, Minnesota.
I expressly understand that Producers are under no obligation to select me for participation in the Program or to select me for advancement to any level of consideration for participation in the Program. In the event that Producers do further consider me for participation in the Program, I understand that I will be required to sign all of Producers standard application and agreements in connection with such consideration.
This agreement expresses the entire understanding between me and the Producers and replaces any and all former and contemporaneous agreements, understandings or representations between me and the Producers. Any laws that require or suggest that the interpretation of a document or agreement, or the resolution of any ambiguities contained therein, should be resolved against the drafter of the document or agreement, are hereby waived. No modification, alteration or amendment of this agreement will be valid or binding unless in writing and signed by both me and the Producers. No waiver by the Producers of any term or condition of this agreement will be construed as a waiver by the Producers of any other term or condition; nor will any waiver by the Producers of any default under this agreement be construed as a waiver by the Producers of any other default. The Producers may freely assign, in whole or in part, any of their rights or obligations under this agreement. I may not assign my rights and obligations under this agreement.
SWEEPSTAKES & CONTESTS
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.
1. Eligibility: Sweepstakes (the “Sweepstakes”) is open only to those who sign up at the online sweepstakes page and who are 18 as of the date of entry. The sweepstakes is only open to legal residents of United States of America and is void where prohibited by law. Employees of The Factory (the “Sponsor”) their respective affiliates, subsidiaries, advertising and promotion agencies, suppliers and their immediate family members and/or those living in the same household of each are not eligible to participate in the Sweepstakes. The Sweepstakes is subject to all applicable federal, state and local laws and regulations. Void where prohibited.
2. Agreement to Rules: By participating, you agree to be fully unconditionally bound by these Rules, and you represent and warrant that you meet the eligibility requirements set forth herein. In addition, you agree to accept the decisions of The Factory, as final and binding as it relates to the content. The Sweepstakes is subject to all applicable federal, state and local laws.
3. Sweepstakes Period: Entries will be accepted online starting on or about the start date and ending date. All online entries must be received by the end date at 11:59PM EST.
4. How to Enter: The Sweepstakes must be entered by submitting an entry using the online form provided on this site. The entry must fulfill all sweepstakes requirements, as specified, to be eligible to win a prize. All data collected is owned by The Factory. Entries that are not complete or do not adhere to the rules or specifications may be disqualified at the sole discretion of The Factory. You may enter only once and you must fill in the information requested. You may not enter more times than indicated by using multiple email addresses, identities or devices in an attempt to circumvent the rules. If you use fraudulent methods or otherwise attempt to circumvent the rules your submission may be removed from eligibility at the sole discretion of The Factory.
5. Prizes: Winners will receive specified prizes. Actual/appraised value may differ at time of prize award. The specifics of the prize shall be solely determined by the Sponsor. No cash or other prize substitution permitted except at Sponsor’s discretion. The prize is nontransferable. Any and all prize related expenses, including without limitation any and all federal, state, and/or local taxes shall be the sole responsibility of the winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by winners is permitted. Acceptance of prize constitutes permission for The Factory 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: Winners of the Sweepstakes will be selected in a random drawing under the supervision of the Sponsor. Winners will be notified via email to the email address they entered the Sweepstakes with within five (5) days following the winner selection. The Factory shall have no liability for a winner’s failure to receive notices due to winners’ spam, junk e-mail or other security settings or for winners’ provision of incorrect or otherwise non-functioning contact information. If the selected winner cannot be contacted, is ineligible, fails to claim the prize within 15 days from the time award notification was sent, or fails to timely return a completed and executed declaration and releases as required, prize may be forfeited and an alternate winner selected.
The receipt by winner of the prize offered in this Sweepstakes is conditioned upon compliance with any and all federal and state laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER (AT SPONSOR’S SOLE DISCRETION) WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS WINNER OF THE SWEEPSTAKES AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
8. Rights Granted by you: By entering this content you understand that The Factory, anyone acting on behalf of The Factory, or its respective licensees, successors and assigns will have the right, where permitted by law, without any further notice, review or consent to print, publish, broadcast, distribute, and use, worldwide in any media now known or hereafter in perpetuity and throughout the World, your entry, including, without limitation, the entry and winner’s name, portrait, picture, voice, likeness, image or statements about the Sweepstakes, and biographical information as news, publicity or information and for trade, advertising, public relations and promotional purposes without any further compensation.
9. Terms: The Factory reserves the right, in its sole discretion to cancel, terminate, modify or suspend the Sweepstakes should (in its sole discretion) a virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Sweepstakes. In such case, The Factory may select the recipients from all eligible entries received prior to and/or after (if appropriate) the action taken by The Factory. The Factory reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Sweepstakes or website or violates these Terms & Conditions.
The Factory has the right, in its sole discretion, to maintain the integrity of the Sweepstakes, 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 sweepstakes rules; or the use of bots, macros or scripts or other technical means for entering.
Any attempt by an entrant to deliberately damage any web site or undermine the legitimate operation of the sweepstakes may be a violation of criminal and civil laws and should such an attempt be made, The Factory reserves the right to seek damages from any such person to the fullest extent permitted by law.
By entering the Sweepstakes you agree to receive email newsletters periodically from The Factory. You can opt-out of receiving this communication at any time by clicking the unsubscribe link in the newsletter.
10. Limitation of Liability: By entering you agree to release and hold harmless The Factory 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 sweepstakes 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 malfunctioning of any computer, cable, network, hardware or software; (iii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error which may occur in the administration of the Promotion or the processing of entries.
11. Disputes: THIS SWEEPSTAKES IS GOVERNED BY THE LAWS OF USA AND MN, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Sweepstakes, participant agrees that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with this Sweepstakes, shall be resolved individually, without resort to any form of class action, exclusively before a court located in MN having jurisdiction. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys’ fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Sweepstakes), and participant further waives all rights to have damages multiplied or increased.
Thank you for visiting The Factory web site. We value your interest and ideas. If you have any comments or concerns regarding the use of information provided to The Factory via an Internet site, please contact us via the contact form on the site.