terms + conditions.

Welcome to the MALIN+GOETZ Limited website (the "Site"). By placing an order with MALIN+GOETZ Limited ("MALIN+GOETZ", "we", "us" or "our") for products which are sold on the Site ("Products") you will be deemed to have read, understood and agreed to these terms & conditions ("T&Cs"). Please read these T&Cs carefully and, if you are unhappy with any aspect, you should contact one of our customer service advisors before placing an order with us.

We amend these T&Cs from time to time. Please check the top of this page to see when these T&Cs were last updated. Every time you order Products from us, the T&Cs in force at the time of your order will apply to the contract between you and us. If we have to revise these T&Cs and this has a material impact on your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the contract if you are not happy with the changes.

You have chosen to visit the Site in the United Kingdom in order to purchase our Products. As a consequence, irrespective of your place of residence, any purchase you make will occur in the United Kingdom and will be governed by these T&Cs and the laws of England and Wales. Any use of currencies other than the UK pound sterling are purely for your ease of reference.

1. about MALIN+GOETZ

We are MALIN+GOETZ Limited a company registered in England and Wales. Our company registration number is 09693153 and our registered office is at MALIN+GOETZ, 3 Assembly Square Britannia Quay Cardiff CF10 4PL. Our registered VAT number is 233 9739 81.

You can contact us by telephoning our customer service team on 080 0049 9885 (Monday – Friday 9:30am – 6pm) or at info@malinandgoetz.co.uk or by writing to us at the following address - MALIN+GOETZ, 146 Upper St, N1 1QY, UK.

2. other policies

The following additional policies (which can be accessed by clicking on the links below) also form part of these T&Cs and should be read carefully before placing an order:

In particular, in accepting these terms & conditions, you consent to:

1) the processing of your data in accordance with our privacy policy; and
2) the transfer of your personal data outside of he EEA as described in our privacy policy.

If you choose to decline to have your personal data processed or transferred in accordance with the privacy policy, you may not be able to enjoy all the services and features we offer.

3. eligibility

In order to make a purchase through the Site or to use the services or features made available to you on the Site you will be required to register. When you register, you will be required to provide information about yourself including, but not limited to, your name, telephone number and e-mail address, which is true, accurate, current and complete in all respects. Should any of your registration information change in the future you are required to amend your personal online account immediately. We may change registration requirements from time to time. Furthermore, when ordering items, you will be required to provide payment details and you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the billing information provided.

The purchase of Products through the Site is strictly limited to parties who can lawfully enter into and form contracts on the Site in accordance with English law.

4. pricing policy

We have taken great care in the preparation of the content of this Site, in particular to ensure that the details, descriptions and prices quoted are correct at the time of publishing. However, we will only accept orders if there are no material errors in the description of the Products or the prices as advertised on this Site. All prices are displayed inclusive of VAT and exclusive of delivery charges. The total cost of your order is the price of the Products ordered plus VAT at the current rate and plus the delivery charges as set out during the checkout process. Fees and conversion rates may apply subject to the terms of your bank.

If the rate of VAT changes between your order date and the date we supply the Products, we will adjust the rate of VAT that you pay (unless you have already paid for the Products in full before the change in the rate of VAT takes effect).

We do not charge your credit or debit card until we dispatch your order. Items in your online Shopping Cart will reflect the most recent price displayed on the Product's detail page.

5. availability

All Products are subject to availability. Validly stated prices on our Site remain in effect for so long as the Products are available or as otherwise stated on our Site. We will inform you as soon as possible if the Products you have ordered are not available.

6. third party + apothecary items

Third Party & Apothecary Items are exempt from all promotional offers & discounts. This does not affect your cancellation and other statutory rights to return Products under the Consumer Rights Act 2015 sections within these T&Cs.

7. online ordering process

The ordering process consists of following steps:

a) you add the Products which you wish to purchase to your Shopping Cart

b) you select your preferred delivery method

c) you provide an address for delivery, a billing address, and any requested payment information

d) you will be asked to read carefully and then accept the T&Cs

e) before submitting your order you will have a final opportunity to review the Products to be purchased and their prices (including any additional charges and fees such as delivery costs) and all of the information you have submitted; and

f) you will click 'Submit' to finalise your order.

You are able to correct errors on your order up to the point at which you click to 'Submit' your order on the final page of our ordering process.

8. acknowledgement and acceptance of your order

We will notify you by e-mail as soon as possible to acknowledge receipt of your order and to provide you with an order number. If we are unable to fulfil your order following this acknowledgement, we will contact you by e-mail or telephone advising you of this. We will confirm acceptance of your order by sending you an e-mail that confirms that the Products have been dispatched ("Dispatch Confirmation"). A legally binding contract between us will be formed when we send you the Dispatch Confirmation (or, in the unlikely event that a Dispatch Confirmation is not sent due to a processing error, when we dispatch the Products to you) ("Contract"). If you require any information concerning your order please e-mail us at help@malinandgoetz.co.uk quoting your order number. We may not accept your order if a Product you have ordered is out of stock, if we have identified a Product or pricing error, or if we are unable to obtain authorisation for your payment. Please note that we reserve the right to reject any offer to purchase by you at any time.

9. delivery

We only sell to the UK. Our website is solely for the promotion of our Products in the UK. Unfortunately, we do not accept orders from/deliver to addresses outside the UK.

We will deliver the goods to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.

We will deliver the Products in accordance with the delivery option selected by you. Whenever referred to, working days exclude Saturday, Sunday and UK public holidays. Upon delivery of the Products to you, we will provide you with sufficient information to enable you to exercise your statutory right of cancellation and to address any intended cancellation to the correct addressee or to return or exchange your Products. For further information, please see the Your cancellation right and the Your other statutory rights to return Products under the Consumer Rights Act 2015 sections within these T&Cs.

We are not responsible for delivery delays outside our control. If our supply of the Products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Products you have paid for but not received.

If no one is available at your address to take delivery and the Products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the Products from a local depot. If you do not collect the Products from us as arranged or if after a failed delivery to you you do not re-arrange delivery or collect them from a delivery depot, the Products may be returned to us as per the delivery note and we may charge you for storage costs and any further delivery costs.

10. inspection

You should inspect the Products upon receipt and check that everything specified on the delivery note is included. You will be deemed to have accepted the order unless you notify us otherwise and return the Products in accordance with your cancellation rights or other statutory rights (as referred to below).

11. payment

Payment can be made through any of the following methods: Paypal, Visa, Mastercard, Discover and American Express. Payment will be debited and cleared from your account at the point at which your order is dispatched. You confirm that the credit or debit card being used is yours. Please note that all credit/debit cardholders are subject to validation checks and authorisation by the issuer of the card. If the issuer of your payment card refuses to pay or does not for any reason authorise payment to MALIN+GOETZ, we will not be liable for any delay or non-delivery of Products. We retain the legal ownership of all Products until full payment has been made by you and received by us and legal ownership of the Products will immediately transfer back to us if we refund any payment for the Products to you. Risk in the Products transfers to you upon delivery.

Please refer to our privacy policy for further information regarding secure payment and internet fraud.

12. your cancellation rights

12.1 As you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts Regulations 2013 from the date of the Dispatch Confirmation until the date which is 14 days after you receive the Products. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund.

12.2 Your right to return goods does not apply to goods (i) made to your specification; or (ii) which have been clearly personalised; or (iii) which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly; or (iv) where sealed goods have been supplied which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery.

12.3 You can cancel a Contract by completing Cancellation/Returns Form which is included in your order packaging (or can be accessed by clicking here), and enclose this Form with the goods to be returned. If you have any questions relating to the Cancellations/Returns Form, please contact our Customer Services Team on 080 0049 9885 (Monday – Friday 9:30am – 6pm) or at help@malinandgoetz.co.uk. Post the goods to be returned with the Cancellation/Returns Form enclosed to C/O Malin+Goetz LTD, ILG, Unit 2C & D Gatwick Gate Industrial Estate, Charlwood Rd, Lowfield Heath, RH11 0TG GB.
All items must be returned unused, with authentic labels and in original packaging. If goods returned are not in a re-sellable condition, we may not accept your return. Any promotional gifts received with your purchase must also be returned. Please ensure that you obtain a proof of postage when you do so as we do not accept responsibility for items which are lost in transit. Customers should have regard to any labelling and packaging guidelines produced by the postal service or courier used.

12.4 If you cancel your Contract we will:

(a) Refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods if this has been caused by your handling them in a way which would not be permitted in a store. If we refund you the price paid before we are able to inspect the goods and later discover that you have handled them in an unacceptable way, you will be liable to pay to us an appropriate amount.

(b) Refund any delivery costs you have paid, although the maximum refund will be the cost of delivery by the least expensive delivery method we offer (as permitted by law).

(c) Make any refund due to you as soon as possible and in any event within 14 days after the day on which we receive the Products back from you (provided that you have returned the goods to us within 14 working days of delivery to you or your notifying us of cancellation). Please note that it can take 3 – 5 working days after we have processed a refund payment for it to appear on your credit card statement.

(d) Refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the Products we may refund you in vouchers.

(e) Exchanges. If you indicate on your Cancellation Form that you would rather receive an exchange than a refund then this will be processed within 7 working days of receiving your returned goods and will be delivered via standard delivery. In these circumstances, a new Contract will be deemed to have been formed between us in relation to the new Product you have selected (and your various rights of cancellation and return as set out herein will apply to that Product). In the event that we are not able to satisfy your request for an exchange then we will refund you the cost of the Products and the original Contract between us will be cancelled.

13. Your other statutory rights to return Products under the Consumer Rights Act 2015

13.1 Because you are a consumer, we are under a legal duty to supply Products that are in conformity with the Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights (which are summarised in general terms below) are not affected by your right of return and refund in clause 11 (above) or anything else in these T&Cs.

13.2 The Consumer Rights Act 2015 states that goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your Products your legal rights entitle you to the following:

(a) Up to 30 days: if your goods are faulty, then you are entitled to an immediate refund.

(b) Up to 6 months: if your goods cannot be repaired or replaced, then you are entitled to a full refund in most cases.

(c) After 6 months (depending on the type of Product): if your goods do not last a reasonable length of time then you may be entitled to some money back.

14. Our liability for loss or damage suffered by you

14.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these T&Cs we will be responsible for loss or damage that you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen (for example, if you discussed it with us during the sales process).

14.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products as summarised at clause 12; and for defective Products under the Consumer Protection Act 1987.

14.3 We only supply Products for domestic and private use in reasonable quantities expected of a consumer and we do not make bulk sales. We do not sell more than 5 of the same item to any consumer and if you order more than this quantity in one order or in a series of orders we may request confirmation from you that you are a consumer rather than an un-authorised re-seller and we may refuse to accept your offer to purchase the Products ordered. You agree not to use the Products for any commercial, business or resale purposes. We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

15. questions and complaints

If you have any questions about these T&Cs or if you wish to contact us to complain about any matter in regard to the Products, please e-mail us at help@malinandgoetz.co.uk or write to us at - MALIN+GOETZ, 146 Upper St, N1 1QY, UK.

If after contacting us and following our complaints procedure you still feel that your complaint has not been resolved satisfactorily, you may access the EU Commission's Online Dispute Resolution platform here.

16. transfer of rights

We may transfer our rights and obligations under these T&Cs to another organisation and we will always notify you in writing if this happens (but this will not affect your rights or our obligations under these T&Cs). You may only transfer your rights or your obligations under these T&Cs to another person if we agree in writing.

17. law, jurisdiction and language

This Site, any content contained herein and any contracts entered into as a result of usage of this Site are governed by English law. The parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.

18. MALIN + GOETZ X A COMPLETE UNKNOWN COMPETITION

PRESENTED BY MALIN + GOETZ INC

PRIZE PROVIDER: Element London Ltd. Registered in England No.7073848. Registered Office: 5 Morie Street, London, SW18 1SL

OFFICIAL RULES

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. Void where prohibited by law and outside the fifty (50) United States (and. D.C.) and England, Scotland, Wales and Northern Ireland. Subject to all applicable federal, state, provincial, territorial and local laws, regulations, and ordinances. Sweepstakes begins on 5TH JANUARY 2025 at 9:00:00 a.m. Eastern Time (“ET”) and ends on 3RD FEBRUARY 2025 at 11:59:59 p.m. ET (the “Sweepstakes Period”). Sponsors’ computer is the official time keeping device for this Sweepstakes. Entries received after the end of the Sweepstakes Period will not be valid for the Sweepstakes.

1. Eligibility: The Malin + Goetz x A Complete Unknown Sweepstakes (the “Sweepstakes”) is open to legal U.S. residents currently residing in the fifty (50) United States including the District of Columbia [and to legal residents of England, Scotland, Wales and Northern Ireland]. All entrants must be at least eighteen (18) years of age or the age of majority in their jurisdiction of residence, whichever is older, as of the date of entry. Employees, officers, and directors of Malin + Goetz or any of their respective parents, affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfilment, and marketing agencies, website providers, web masters (collectively, the “Sweepstakes Entities”), and members of their immediate families (spouses, parents, siblings and children, regardless of where they live) and those living in the same household are not eligible to enter or win. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and to Sponsors’ decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein. Sponsors reserve the right to verify the eligibility of winners.

2. Sponsor: Malin + Goetz Inc., 330 Seventh Avenue, 21st Floor, New York, New York 10001 USA (“Malin + Goetz” or “Sponsor”)

How to Enter: During the Sweepstakes Period, to enter, you must (1) follow @malinandgoetz on Instagram (2) like Malin + Goetz’s Instagram post about this Sweepstakes (“Instagram Post”) and (3) tag a friend (who is at least eighteen (18) years of age or the age of majority in their jurisdiction of residence)]. Upon completion of this Entry Condition, you automatically will be entered with one (1) entry into the Sweepstakes. You must provide all required information to be eligible to enter and win. All potential winners are subject to verification before any prize will be awarded. Normal Internet access, phone, and usage charges imposed by your online or phone service may apply. LIMIT ONE (1) ENTRY PER PERSON. ADDITIONAL ENTRIES WILL BE DISQUALIFIED. Automated or bulk entries or entries submitted by third parties will be disqualified. Entries must be submitted by the contestant. Any attempt by any participant to obtain more than one (1) entry by using multiple and/or different identities, email addresses, Instagram accounts, or any other methods will void all of that participant's entries, and that participant may be disqualified at Sponsors’ discretion. Multiple participants are not permitted to share the same Instagram account. In the event of a dispute as to any registration, the authorized account holder of the Instagram account used to complete the Entry Condition will be deemed to be the registrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address (and who has registered that email address with Instagram, if applicable). Potential winners may be required to show proof of being the authorized account holder to the Sponsors or forfeit the prize. Entries specifying an invalid, non-working, or inactive account will be disqualified and ineligible to win. You must complete the Entry Condition above to be eligible to enter. Incomplete, illegible, corrupted, or untimely entries are void and will be disqualified.

4. Selection of Winners: On 4th FEBRUARY 2025, the Sponsor will select the name of the potential winner of the prize in a random drawing from among all eligible entries received. The odds of winning are based on the number of eligible entries received. The potential prize winner will be notified by direct message to their Instagram account on or about February 4th but no later than Friday 7th February 2025 11:59PM ET. Except where legally prohibited, the potential prize winner may be required to sign and return, within two (2) days of being notified, a Declaration of Eligibility, Liability & Publicity Release (“Declaration/Release”) in order to claim their prize. If a potential prize winner cannot be contacted after the first attempt to contact them, or if a potential prize winner fails to sign and return the Declaration/Release or any other required documents within the required time period, or in the event that a potential prize winner is disqualified for any reason, the Sponsor will award the applicable prize to an alternate winner selected by a random drawing from among all remaining eligible entries. Only two (2) alternate drawings will be held, after which any remaining prize will remain un-awarded.

Verification of Potential Winners: ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY THE SPONSOR, WHOSE DECISION IS FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.

5. Prize: for 2 adults includes:

Flights: Return flights from select major airports in the capital city of where the winner resides to New York City, USA
New York City Taxi Allowance: Provided to the value of £200 / $250 USD to be used for taxi between airport and hotel
Accommodation: 3 nights’ 4-star hotel accommodation in New York City, based on sharing one double occupancy room, including daily breakfast
Travel Insurance / Travel insurance allowance to the value of £100
Malin+Goetz products to the value of $300 selected in a Malin+Goetz New York apothecary during the visit.

6. General Prize Restrictions: All costs, expenses and arrangements (including meals, visa, transportation and insurance) not included within the prize shall be the responsibility of the winner. Any and all applicable federal, state, provincial, territorial and local taxes and all fees and expenses related to acceptance and use of the prize not specifically stated herein are the sole responsibility of the individual prize winner. Prize cannot be substituted, assigned, transferred, or redeemed for cash; however, the Sponsor reserves the right to make an equivalent prize substitution at their sole discretion. Prize cannot be used in conjunction with any other Sweepstakes or offer.

Prize Provider specific prize restrictions:

Return economy /coach class flights from the capital city of the country where the Recipients reside to New York City, New York, USA, (inclusive of all applicable airport taxes, fees, and duties) flights may be indirect and not all routings will be available, flight itinerary will be determined by prize provider at their sole discretion;
An allowance of £200 GBP will be provided to the winner to put towards taxi fare between New York arrival airport and hotel, funds will be sent via bank transfer to winner’s nominated account, recipient of funds must be aged 18 years old or over; Allowance will be converted into winner’s currency based on the exchange rate at time of transfer;
Accommodation is for 3 nights, based on one double occupancy room for two adults, at a 4* hotel in New York City, with daily breakfast;
The trip must include a Saturday night stay;
Accommodations do not include any other meals, incidentals, gratuities, telephone calls, or any other personal expenses incurred during the trip, will be the responsibility of the Recipients;
A credit or debit card for incidentals may be requested by the hotel at check in and therefore at least one of the Recipients must possess and travel with a valid credit or debit card;
Accommodations will be selected by Element London Ltd at their sole discretion;
Prize Package is for up to 2 adults, all of whom must travel at the same time with the same itinerary;
At least one traveler must be aged 21 or over; Where any travelers are aged under 18, they must have prior parental or guardian permission;
Prize is valid for 12 months from the date of notification and all travel must be completed within that time;
Winners must contact prize provider with three preferred travel dates in three separate months no later than six weeks prior to departure;
Prize cannot be taken over the months of July, August or December or over Christmas, New Year, Easter Sunday or Public Holidays in the departure or arrival country;
US citizens flying domestically will require a valid U.S. government-issued photo ID approved for air trave or a valid passport travellers from outside of the UK, an allowance for travel insurance is provided to the value of £50 GBP per person and must be booked by the Winner and guest following the flight booking confirmation; Prize Provider will arrange travel insurance for UK travellers; It is the responsibility of the Winner and/or their guest to meet any additional costs relating to obtaining insurance cover for any pre-existing medical condition and for any additional costs as may be specified where the Winner and/or their guest are aged 70 or over; Levels of coverage will vary and it is the Winner and guest’s responsibility to ensure that the level of coverage is sufficient for their circumstances; Proof of coverage policy will be required for reimbursement; Allowance will be converted into winner’s currency based on the exchange rate at time of transfer;
The prize excludes domestic ground transfers, meals and drinks, excursions, attractions, treatments, visas, personal expenses and anything not expressly stated in the prize package;
Prize is non-refundable and non-transferable; No cash alternative is available;
Winner travels at own risk. Promoter reserves the right to cancel, modify, suspend or terminate the promotion or prize;
Where applicable, any modifications to the prize will be at the winner's own expense;
The prize package inclusions are subject to availability, where any of the stated inclusions are unavailable, Element London Ltd will offer suitable alternatives of equal value;
If winner is unable to participate in any of the stated activities, then Element London Ltd will offer suitable alternatives of equal value, alternative activities will be determined by prize provider at their sole discretion;
Nothing in this travel package authorizes any person to use the Walt Disney Company's and its affiliated companies (collectively, "Disney") name, brand, intellectual property, characters or reputation in conjunction with this travel package or any prize promotions whatsoever and that a valid promotional agreement with Disney is a precondition for use of this prize package in association with Disney's name or Disney-owned intellectual property;
The Walt Disney Company, and each of their respective parent, affiliates, and subsidiaries are not responsible for the promotion, administration or execution of the travel package, competition, contest or sweepstakes;
The Walt Disney Company is not a so-called “sponsor,” “administrator” or “prize provider.” The Walt Disney Company, its parent, related, affiliated and subsidiary entities and their respective officers, directors, agents, employees and assigns shall be released and discharged from any and all legal claims, losses, injuries, illnesses, demands, damages, actions, and/or causes of actions that arise out of and/or are in any way related to the prize travel package, the receipt, use and/or enjoyment of the prize travel package, or prize-related activity including, without limitation, travel, the promotion, the competition, the contest or the sweepstakes.

6. General Conditions: Subject to applicable law, the Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond the Sponsors’ reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsors in their sole discretion. Sponsors and their agencies are not responsible for lost, late, incomplete, damaged, stolen, misdirected, or illegible entries; lost, interrupted, or unavailable network, server, or other connections, garbled transmissions or miscommunications, telephone transmission problems; computer or software malfunctions or damage to a user’s computer equipment (software or hardware); technical failures; or other errors or malfunctions of any kind whether human, mechanical, electronic, or otherwise. Proof of sending or submission of entry will not be deemed proof of receipt by Sponsors. Sponsors’ failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVE THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsors reserve the right at their sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the entry process, the website and/or the legitimate operation of the Sweepstakes; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. Subject to applicable law, if, for any reason, the Sweepstakes is not capable of running as planned, Sponsors may, in their sole discretion, void any suspect entries and (a) terminate the Sweepstakes (or any portion thereof), (b) modify the Sweepstakes or suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; and/or (c) award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment.

7. Release and Limitations of Liability: By participating in this Sweepstakes, entrants agree that Sponsors, and their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, web masters, and their respective officers, directors, employees, representatives and agents (the “Released Parties”) are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use or misuse of any prize. No more than one (1) prize will be awarded.

BY PARTICIPATING IN THIS SWEEPSTAKES, ENTRANTS AGREE THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND (TO THE EXTENT PERMITTED BY APPLICABLE LAW) SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY DAMAGE RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, ENTRY, OR PARTICIPATION IN THIS SWEEPSTAKES OR IN ANY SWEEPSTAKES RELATED ACTIVITY OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF THE PRIZE CANNOT BE AWARDED DUE TO TRAVEL CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM.

WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS SWEEPSTAKES, INCLUDING ALL PRIZES, ARE 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. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

8. Publicity Release. EXCEPT WHERE PROHIBITED BY LAW, THE WINNER GRANTS TO SPONSORS (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSORS), ITS SUBSIDIARIES, AFFILIATES, RETAILERS, DISTRIBUTORS, ADVERTISING AND SWEEPSTAKES AGENCIES, SUPPLIERS, AND THOSE ACTING PURSUANT TO ITS AUTHORITY, THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLDWIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING BUT NOT LIMITED TO THE WORLD WIDE WEB, AT ANY TIME OR TIMES, THE WINNER’S ENTRY FORM, NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, AND BIOGRAPHICAL INFORMATION FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION.

9. Disputes. Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively in the state and federal courts in the State of New York; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsors in connection with the Sweepstakes, shall 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 (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.

10. PRIVACY NOTICE: Any personal information sent to, shared with or collected by Sponsors in connection with this Sweepstakes is subject to Sponsors’ Privacy Policy found here. Sponsors and the affiliates, subsidiaries, representatives or service providers of Sponsors may use entrants’ and/or referrals’ personal information submitted with entry for purposes of managing the sweepstakes, for prize fulfillment and/or for future marketing by Sponsors, including to notify them of a product or promotion that Sponsors thinks may be of interest.

11. Official Rules and Winners List: For a copy of the Official Rules, visit malinandgoetz.com/giveaway or send a stamped, self-addressed envelope for receipt by [date] to: Contests at Malin +Goetz, 330 Seventh Avenue, 21st Floor, New York, New York 10001 USA. For a list of winners available after [date], send a stamped, self-addressed envelope for receipt not later than 2 weeks after the date above to: Contests at Malin + Goetz, 330 Seventh Avenue, 21st floor New York, New York 10001 USA. VT residents in the United States may exclude return postage.