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GIFTED Official Rules

“TELFAR GIFTED”

Official Rules

WE’RE DROPPING EVERY BAG WE HAVE ON NOVEMBER 17
BUT…WHEN YOU BUY A BAG, YOU GET TO GIVE A BAG* TO SOMEONE YOU LOVE FOR FREE

*Restrictions apply


Please read these rules (“Official Rules”) before participating. You agree that by making a purchase and submitting a video as described herein, you acknowledge that you are bound by these Official Rules, and you certify that you satisfy all eligibility requirements set forth herein.

The promotion “Telfar Gifted” (the “Promotion”) is open to legal residents of the United States only, excluding residents of Puerto Rico, and other U.S. Territories.  This promotion is void where prohibited by law.  You must be 18 years or older at the time of the Promotion to be eligible to enter, and you must possess a valid form of identification. 

 

HOW TO PARTICIPATE:

To participate in the Promotion, you (“Participant”) must follow these steps:

1. Make a video (see video requirements below) describing who you are giving a bag to (the “Recipient”) and why;

2. Upload your video to telfar.tv/gifted on November 13, 2023 between 12pm ET and 3pm ET;

3. Place your order on our website on November 17, 2023 before 11:59pm ET. Our Terms and Conditions of Sale apply to any purchases made on our website: https://telfar.net/pages/terms-of-sale

Videos submitted after 3pm ET on November 13, 2023 will not be eligible for this Promotion.

Entry is limited to one (1) entry per person.  Participants may not create multiple entries through use of multiple email addresses. Participants must submit their video and make a purchase using the same email and phone number.

Video Requirements:

  • Must be longer than 20 seconds and shorter than 60 seconds;
  • Must describe who you are giving the bag to and why;
  • Must have audio;
  • 1080p resolution;
  • Must be a video, not a photograph or slideshow with audio.

Telfar TV Inc. (“Telfar”) assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries.  Telfar is not responsible for any problems or technical malfunction of any telephone network or telephone lines, communication transmissions, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or video to be received by Telfar on account of technical problems, human error or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to entrant’s or any other person’s computer or mobile device relating to or resulting from participation in the Promotion or downloading any materials in connection therewith.  Cellphone carriers may charge for data usage for entering the Promotion using a mobile phone.

 

GIFT CODE:

Once a Participant has entered the Promotion, the Recipient will receive a gift code (the “Gift Code”) at the email address provided by the Participant, within forty-eight (48) hours of Participant’s entry.  Telfar expressly disclaims any liability arising out of any delay or failure to deliver the Gift Code due to reasons beyond Telfar’s reasonable control, including without limitation interruption, defect or delay in operation or transmission over the Internet, electronic or electrical interference, system failure or computer virus, or incorrect email addresses provided by Participants.  The email address provided when entering the Promotion cannot be changed.

The Recipient must use the Gift Code by November 23, 2023 at 11:59PM ET on our website.  Products purchased using the Gift Code may only be shipped in the United States, excluding Alaska, Hawaii and U.S. territories, and cannot be returned or exchanged, all orders are final and cannot be canceled.  Our Terms and Conditions of Sale apply to any purchases made on our website: https://telfar.net/pages/terms-of-sale. The Gift Code can only be used on shopping bags, and cannot be applied to the purchase of circle bags, duffle bags, monogram bags, collaboration bags, other shoppers, or any other products on Telfar.net.       The recipient of the Gift Code will be solely responsible for all taxes (federal, state, and local) and all expenses related to acceptance and use of the Gift Code.  The Gift Code will be applied only if properly claimed.  Limit one (1) Gift Code per household. Unclaimed Gift Codes will be forfeited.

The Gift Code is nontransferable and must be accepted as awarded.  No substitutions, cash equivalents, or transfer of the Gift Code are permitted, except at the sole discretion of Telfar.  The Gift Code will be awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose).  Eligible entries are those in which all entries have been completed correctly and otherwise comply with these Official Rules.  Telfar reserves the right to disqualify any Participant or Recipient and may refuse to award the Gift Code to a person who is ineligible or has violated any rule, gained unfair advantage in participating in the Promotion, or obtained a Gift Code using fraudulent means.

 

RELEASE:  

If you are reading this — you probably already know the thing they call the law — was not made to protect us and is ill-suited to what we want to do here. The law which is enforceable and recognized as legitimate within the system of white supremacy is the law of PROPERTY. It is a law designed to turn people into property and dispossess them of their belonging to the Earth. TELFAR TV INC is founded on three propositions: BLACK OWNED / UN-OWNED / UNKNOWN — so the rule of property is central to our unruly impropriety. TELFAR TV is about a mutual transmission, a conspiracy, something shared, something common — subsistence television: and it’s already working. To keep it working we have to agree on a few things…


OUR AGREEMENTS

Words we are going to use:

A. YOU/YOUR: The person submitting material to TELFAR TV. This is how you will be referred to in this document:

a. Person / Individual / Contributor / Recipient

You, the person or entity, is also known as:
With a mailing address at:

B. US/WE/OUR: TELFAR TV with a place of business at 2483 Coney Island Avenue, Brooklyn, New York 11223. This is how we will be referred to in the document:

a. Company

b. Company, its affiliates, successors, and assignees, and their respective licensees, advertising agencies, promotion agencies, and fulfillment agencies, and the employees, officers, directors and agents of each and all of them, will also be known as “Authorized Persons”

C. Material(s): Your video and films, such as:

a. The one(s) that YOU sent to US.

D. Agreement: Customer Submission Agreement

E. Territory: Worldwide

F: Compensation:

a. YOU may or may not be compensated for any Material you submit to US. We do send gifts to lots of people who send us Materials — but they are gifts — not payments and are not guaranteed.

G. Usage: WE do not own the rights to YOUR Materials. You own them, but you are letting us use them:

a. If you would like us to stop creating and publishing new materials using your Materials, please make a written request by contacting operations@telfar.net

H. Party or Parties: YOU and US

I. YOU grant US and the people we work with, the right to use your name and likeness, and anything else YOU send US, and incorporate it into material we create, everywhere (in any format, every country, and on any platform). So, for example — we might edit your Materials into material we create and post on various channels such as:

1. Instagram
2. Our website(s)
3. Our app(s)

This is how the lawyers would say it: I hereby irrevocably permit, authorize, grant, and license Company and its affiliates, successors, and assigns, and their respective licensees, advertising agencies, promotion agencies, and fulfillment agencies, and the employees, officers, directors, and agents of each and all of them ("Authorized Persons"), the rights to display, publicly perform, exhibit, transmit, broadcast, reproduce, record, photograph, digitize, modify, alter, edit, adapt, create derivative works, otherwise use, and permit others to use my name, image, likeness, appearance, voice, professional and personal biographical information, and other personal characteristics and private information, as well as any other content I submit to Company, and all materials created by or on behalf of Company that incorporate any of the foregoing (such “other content” and “materials” are defined herein as "Materials") in perpetuity throughout the universe in any medium or format whatsoever now existing or hereafter created, on any platform and for any purpose, including but not limited to advertising, public relations, publicity, packaging, and promotion of Company and its affiliates and their businesses, products, and services, without further consent from or royalty, payment, or other compensation to me.

J. YOU will submit original material that does not include anyone else’s intellectual property. If you submit something with someone else’s intellectual property, you take responsibility for doing this.


This is how the lawyers would say it: I hereby represent and warrant, all content (any tangible expression of an idea), I submit to Company will be original, and will not infringe on any copyright, trademark, invade any right of privacy, contain any libelous material, or infringe or violate any other right of any other person or entity.

K. YOU will not hold US liable or sue US for OUR use of the Material(s) YOU submit to US. That would be awful.

This is how the lawyers would say it: To the fullest extent permitted by applicable law, I hereby irrevocably waive all legal and equitable rights relating to all liabilities, claims, demands, actions, suits, damages, and expenses, including but not limited to claims for copyright or trademark infringement, infringement of moral rights, libel, defamation, invasion of any rights of privacy (including intrusion, false light, public disclosure of private facts, and misappropriation of name or likeness), violation of rights of publicity, physical or emotional injury or distress, or any similar claim or cause of action in tort, contract, or any other legal theory, now known or hereafter known in any jurisdiction throughout the world (collectively, "Claims"), arising directly or indirectly from the Authorized Persons' exercise of their rights under this Agreement or the production, exhibition, exploitation, advertising, promotion, or other use of the Materials, and whether resulting in whole or in part from the negligence of Company or any other person, and I hereby covenant not to make or bring any such Claim against any Authorized Persons and forever release and discharge the Authorized Persons from liability under such Claims.

L. WE agree to not use YOUR Material(s) in violation of YOUR rights. That would be awful.

M. YOU understand that us accepting YOUR Materials, does not mean a partnership, joint venture, agency or employment relationship is established between YOU and US.

This is how the lawyers would say it. No Relationship:  The Recipient acknowledges that nothing in this Agreement is intended to, or should be construed to create a partnership, agency, joint venture or employment relationship.  The Recipient is not authorized to make any representation, contract or commitment on behalf of the Company unless specifically requested or authorized in writing to do so by an officer of the Company.

N. YOU are responsible for any tax consequences in accepting any gift or prize from US. Please consult your tax professional with any questions on this

O. YOU agree to defend US and pay or reimburse US all OUR costs (reasonable costs, of course), any related costs, and including lawyer’s fees, for defending OURselves, if anyone, including the government, sues US because of Material(s) YOU submit to US.

This is how the lawyers would say it. The Recipient agrees to indemnify and hold harmless the Released Parties and each of them, jointly or severally, against any loss or liability whatsoever, including reasonable attorney’s fees, caused by any action or proceeding before any court or government agency, commission, division or department of any state, federal or local governing body, which is brought by the Recipient or their successors-in-interest, if such action or proceeding arises out or is related to any claim, demand or cause of action released herein.


The Recipient agrees to indemnify, defend and hold harmless the Released Parties, and each of them, from any taxes, assessments, penalties or interest payments that any of the Released Parties may at any lime incur by reason of any demand, proceeding, action or suit brought against any of the Released Parties arising out of or in any manner related to local, state or federal taxes allegedly due in connection with the payment set forth above.

P. YOU agree to not hold US accountable for OUR failure to deliver any promotional / loyalty program codes or related program information, for reasons beyond OUR control. The Company expressly disclaims any liability arising out of any delay or failure to deliver the Gift Code to the Recipient due to reasons beyond the Company’s reasonable control, including without limitation, interruption, defect or delay in operation or transmission over the Internet, electronic or electrical interference, system failure or computer virus, weather conditions, fire, strikes, boycotts, delays in transportation, etc.  


These are the standard legal terms, a part of every agreement:

1. This is the complete and entire agreement between YOU and US

2. YOU are not relying on anything anyone has said to YOU in making these agreements, other than what is written in this Agreement.

3. If a Court says any one of these terms are not good, it does not mean any of the others are not.

4. WE can transfer our rights and obligations under this Agreement to someone else.

5. This Agreement is binding on YOU and is made for OUR benefit.

6. If there is any conflict between YOU and US because of this Agreement, we both agree it can only be settled using New York law, in the federal and state courts of New York, because that’s where we live.


This is how the lawyers would say it: ● This Agreement constitutes the sole and entire agreement of the parties with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. ● I have not relied on any statement, representation, warranty, or agreement of Company or of any other person on Company's behalf, including any representations, warranties, or agreements arising from statute or otherwise in law, except for the representations, warranties, or agreements expressly contained in this Agreement. ● If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. ● Company may assign this Agreement and its rights hereunder, in whole or in part, to any party. ● This Agreement is binding on and inures to my benefit and the benefit of Company and our respective heirs, executors, administrators, legal representatives, successors, and permitted assigns. ● All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of New York, without giving effect to any choice or conflict of law provision or rule. Any claim or cause of action arising under this Agreement may be brought only in the federal and state courts located in New York, and I hereby irrevocably consent to the exclusive jurisdiction of such courts.

BY SIGNING THIS AGREEMENT YOU ARE

a. GIVING US YOUR ABSOLUTE AND UNCONDITIONAL CONSENT IN ANY MATERIAL(S) YOU SUBMIT TO US, YOU ARE WAIVING YOUR RIGHT TO SUE US, AND YOU ARE RELEASING US FROM ANY LIABILITY IN USING THE MATERIAL(S) YOU SUBMIT TO US.

b. ACKNOWLEDGING YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS IN THIS AGREEMENT, AND THAT YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE US.

c. THIS IS US TRYING TO SHARE THIS CHANNEL WITH YOU IN A LEGAL WORLD BUILT TO MAKE SHARING IMPOSSIBLE AND OWNERSHIP THE RULE. DOING SOMETHING DIFFERENT MEANS WE HAVE TO BE GUIDED BY LOVE AND TRUST. YOUR TRUST IN US IS NOT TAKEN LIGHTLY.

d. THANK YOU!

Participants agree that by participating in the Promotion they release the Releasees from any liability in connection with: a) entries that are ineligible as a result of being lost, late, illegible, damaged, incomplete, stolen, or misdirected; b) any typographical or other human or technical errors in the offer or administration of the Promotion, including but not limited to errors in advertising, these Official Rules, the Recipient’s email addresses, or the distribution/awarding of the Gift Code; c) any omission, interruption, deletion, defect, delay, misdirection, damage, injury, technical malfunctions or traffic congestion on the Internet/telephone network, or at any website, or any combination thereof.

 

LAW:

All federal, state, provincial and local laws and regulations apply.  Void where prohibited by law.  By entering the Promotion, participants agree to be bound by these Official Rules and the decisions of Telfar, which are final and binding in all respects.  Participants who do not comply with these Official Rules, or attempt to interfere with the Promotion in any way, shall be disqualified. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of Participants’, Telfar or the Releasees in connection with the Promotion will be governed by and construed in accordance with the laws of the State of New York, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws.  The parties hereby consent to exclusive jurisdiction and venue of the courts located in New York County, New York in any action to enforce (or otherwise relating to) these Official Rules or relating to this Promotion.

 

GENERAL:

Telfar’s failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision.  Telfar reserves the right to disqualify Participants who violate these Official Rules or interfere with this Promotion in any manner.  If a Participant is disqualified, Telfar reserves the right to terminate that Participant’s eligibility to participate in the Promotion.  Telfar reserves the right, in its sole discretion, to modify, cancel or suspend part or all of this Promotion at any time without notice and for any reason, including if in Telfar’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Promotion, or if virus, bugs, non-authorized human intervention or other causes corrupt or impair the administration, security, fairness, or integrity of the Promotion.