logo

Terms and Conditions

Effective Date: April 10, 2020

Welcome to https://drewmartin.co/ (the “Website”), owned and operated by Drew Martin (“DM” “we”, “us”, or “our”). Except as otherwise noted herein, these terms and conditions (the “Terms”) govern your use of the Website and DM’s services, content and products (collectively, the “Site”). Please read these Terms carefully because your use of the Site constitutes your agreement to follow and be bound by these Terms. If you do not agree to these Terms, you should not access or use the Site. Any use or entry to the Website by anyone under 21 years of age is strictly prohibited and in violation of these Terms. 

DM reserves the right to make changes to the Site and to these Terms from time to time. When we make changes, we will post them here. For this reason, we encourage you to review these Terms whenever you use our Site because by visiting the Site, you agree to accept any such changes. DM provides you with access to and use of the Site subject to your compliance with these Terms. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except as specifically permitted on the Site. The Site, including all of its information and content, such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, software and the HTML used to generate the pages (collectively, “Materials and Content”), is DM’s property or that of our suppliers or licensors and is protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided on the Site or in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit or distribute any Materials and Content from this Site in whole or in part, for any public or commercial purpose without the specific prior written permission of DM. We grant you a personal, limited, nonexclusive, nontransferable license to access the Site and to use the information and services contained therein solely for your personal, noncommercial use as described below. 

We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products and services described on the Site and to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, the Materials and Content on the Site as well as features and/or hours of availability of the Site, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.

PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

  1. Site Use. This is a contract between you and DM. You must read and agree to these Terms before using the Site. If you do not agree, you may not use the Site. You may use the Site only if you can form a binding contract with DM, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Any use of an account via the Site by anyone under 21 years of age is strictly prohibited and in violation of these Terms. Our Site contains age-regulated products, which may include minimum purchasing and usage age requirements. We take the prevention of underage use very seriously. Only persons 21 years of age and that have been age verified can participate in any promotions or offers from the Site. We will handle your information consistent with our Privacy Policy, which is incorporated into these Terms by reference. 
  2. Safety Acknowledgment. DM is a manufacturer of cannabis pre-rolls and we provide information on our products through the Site. We sell our products through legally authorized retailers. By purchasing our cannabis products through such channels, you are representing that you are 21 years of age or older, and that you agree to follow the instructions contained in these terms and in any accompanying literature including all disclaimers and warnings. In no way is any of the information contained in this disclaimer or other documentation intended to be a medical or prescriptive guide or a substitute for informed medical advice or care. Neither the manufacturer nor the seller, or their respective affiliates, directors, officers or shareholders, of any of our products offered for sale through our legally authorized retailers is responsible for the misuse of such products. You and any other user of such products are solely responsible for the use of such products and the consequences of such use.
  3. Electronic Communications. By signing up to receive emails, you agree that we may send to you electronic notices or other communication regarding this Site. These types of electronic communications will be sent to the email address that was provided during registration. The contents of any communication are effective when sent, regardless of when you receive or whether you read the communication. By providing your email, you are representing you are of legal age to receive electronic communications and may receive electronic communications and exclusive offers. Exclusive offers may be unavailable depending on your state and local regulations. All offers are Void Where Prohibited. Our products are not intended to diagnose, treat, cure, or prevent any disease. The email address provided will be used solely by DM and will not be sold to, shared with, or otherwise disclosed to other parties, except as permitted under our Privacy Policy. You can choose to stop receiving offers at any time by using the unsubscribe option on communications or contacting us at hello@drewmartin.co.
  4. Prohibited Uses. The Site may be used only for lawful purposes and is available only for your personal, noncommercial use, which shall be limited to viewing the Site, providing information to the Site and downloading product information for your personal review. You are responsible for your own communications, including the transmission, posting and uploading of information, and are responsible for the consequences of such communications to the Site. DM specifically prohibits any use of the Site, and requires all users to agree not to use the Site, for any of the following: (i) posting any information that is incomplete, false, inaccurate or not your own; (ii) engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation, or that would fail to comply with accepted Internet protocol; (iii) communicating, transmitting or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the irrevocable permission of the owner to post it; (iv) communicating, transmitting or posting material that (a) reveals trade secrets, unless you own them or have the irrevocable permission of the owner, (b) infringes on any other intellectual property, privacy or publicity right of another, or (c) is in violation of applicable laws or regulations; (v) communicating, transmitting or transferring (by any means) information or software derived from the Site to foreign countries or certain foreign nations in violation of any applicable export control laws; or (vi) attempting to interfere in any way with the Site’s or DM’s networks or network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system.
  5. Security Rules. Violations of system or network security may result in civil or criminal liability. DM investigates violations and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following: (i) accessing data not intended for you or logging on to a DM server or account that you are not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt); (iii) attempting to interfere or interfering with the operation of our Site, our provision of services to any other visitors to our Site and our hosting provider or our network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “email bombing” or “crashing” the Site; and (iv) forging any TCP/IP packet header or any part of the header information in any email or transmission or posting to our Site.
  6. Product and Pricing Information. Although DM has made every effort to display our products and the features, specifications and colors thereof as accurately as possible, the displayed colors of the products depend upon the monitor of the user, and DM cannot guarantee that the user’s monitor will accurately portray the actual colors of the products. DM is not responsible for typographical errors regarding product descriptions or any other matter.
  7. Social Media Agreement.
    1. We do not claim ownership of user-generated content and material. Any and all photographs, articles, images, graphics, videos, sounds, music, audio recordings, text, files, profiles, communications, comments, feedback, suggestions, ideas, concepts, questions, data or other content that you: (i) submit or post on the Site, on any of our blogs, social media accounts or through tools or applications we provide for posting or sharing such content with us; or (ii) have posted or uploaded to your social media accounts, including but not limited to Instagram, Twitter, Facebook, Tumblr and Pinterest, that are tagged with #DrewMartin or any other DM promoted hashtag (collectively “User Content”) shall be deemed non-confidential and non-proprietary. By submitting or posting any User Content, you grant to DM a perpetual, irrevocable, royalty-free, worldwide, sublicensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, sell, display, transmit, publish, broadcast, host, archive, store, cache, use or otherwise exploit all or any portion of the User Content, as well as your name, persona and likeness included in any User Content and your social media account handle, username, real name, profile picture and/or any other information associated with the User Content, in any commercial or noncommercial manner whatsoever, in whole or in part, in any and all distribution channels, forms, media or technology, whether now known or hereafter developed, including, but not limited to, in stores, printed marketing materials, emails, web pages, social media accounts and for any other marketing, advertising, public relations, sales or promotional purposes with or without attribution and without further notice to you. Neither you, nor any other person or entity, will have the right to: (a) receive any royalty or consideration of any kind for the use of the User Content pursuant to these Terms; or (b) inspect or approve the editorial copy or other material that may be used in connection with the User Content. DM will be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products that incorporate or otherwise rely upon such information. DM shall have no obligation to monitor User Content, use or display User Content, compensate you for submitting User Content or respond to any User Content. DM retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any User Content for any reason or no reason. Subject to the licenses granted in these Terms, you retain ownership of any copyright and other rights you may have in the User Content.
    2. By submitting or posting User Content on the Site, on your social media accounts or through any tools or applications we provide for posting or sharing your User Content with us, you represent and warrant that: (i) you own or control any and all rights in and to the User Content, and the right to grant all of the rights and licenses in these Terms, and if you are not the holder of such rights, the holder of such rights has completely and effectively waived all such rights and irrevocably granted you the right to grant the licenses stated above without the need for payment to you or any other person or entity; (ii) you have obtained permission from any individuals that appear in the User Content to use, and grant others the right to use, their name, image, voice and/or likeness without the need for payment to you or any other person or entity; (iii) no minor children or individual under the age of 21 will appear in the User Content; (iv) you are 21 years of age or older; and (v) the User Content does not (a) contain false or misleading information, (b) infringe on the intellectual property, privacy, publicity, statutory, contractual or other rights of any third party, (c) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing or hateful content, (d) contain any addresses, email addresses, phone numbers or any contact information or (e) contain computer viruses, worms or other harmful files. Upon request by DM, you will furnish DM any documentation, substantiation or releases necessary to verify your compliance with these Terms. You are solely responsible for the User Content and you hereby agree to indemnify and hold DM and its members, manager, employees, agents, affiliates, assigns and licensees harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.
    3. DM does not guarantee the truthfulness, accuracy or reliability of any User Content or endorse any opinions expressed by you or anyone else. By submitting or posting the User Content you fully and unconditionally release and forever discharge DM and its officers, directors, employees and agents from any and all claims, demands and damages (actual or consequential, direct or indirect), whether now known or unknown, of every kind and nature relating to, arising out of or in any way connected with: (i) disputes between you and one or more users or any other person or entity; or (ii) the use by DM or you of the User Content, including, without limitation, any and all claims that use of the User Content pursuant to these Terms violates any of your intellectual property rights, copyrights, rights of publicity or privacy, “moral rights,” or rights of attribution and integrity. You acknowledge and agree that DM has no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by you or any third party of any User Content. DM acts as a passive conduit for User Content and has no obligation to screen or monitor User Content. If DM becomes aware of any User Content that allegedly may not conform to these Terms, DM may investigate the allegation and determine in its sole discretion whether to take action in accordance with these Terms. DM has no liability or responsibility to Users for performance or nonperformance of such activities.
    4. Without limiting the foregoing in any way, DM has the absolute right to remove and/or delete without notice any User Content within its control in its sole discretion. You consent to such removal and/or deletion and waive any claim against DM for such removal and/or deletion. DM is not responsible for failure to store posted content or other materials you transmit through the Site. You should take measures to preserve copies of any data, material, content or information you post to the Site or any other sites or platforms.
  8. Privacy Policy. Notwithstanding anything else to the contrary contained in these Terms of Use, DM’s use of any personally identifiable information (name, etc.) you provide via the Site shall be governed by our Privacy Policy. For further information regarding DM’s protection of your personal information, please refer to our Privacy Policy.
  9. California Consumer Rights Notice. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please either send an email to hello@drewmartin.co or write to us at Drew Martin, 11150 Santa Monica Blvd., Suite 1500, Los Angeles, CA 90025 USA.  Residents of California may contact the California Department of Consumer Affairs Division of Consumer Services, Complaint Assistance Unit by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
  10. Proprietary Rights. As between you and DM, DM is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on the Site, and is the copyright owner or licensee of the Materials and Content on the Site, unless otherwise indicated. The DM logos, designs, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, the “Intellectual Property”) are owned by DM and may be registered in the United States and internationally. You agree not to display or use the Intellectual Property in any manner without DM’s prior written permission. Nothing on the Site should be construed to grant any license or right to use any of the Intellectual Property without the prior written consent of DM. Except as otherwise provided herein, use of the Site does not grant you a license to any Materials and Content or features you may access on the Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Materials and Content, features or materials, in whole or in part. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Materials and Content or screens for any purpose except as otherwise provided by DM. If you make use of the Site, other than as provided herein, in doing so you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. The information on the Site, including, without limitation, all site design, text, graphics, interfaces and the selection and arrangements of such is protected by law, including, but not limited to, copyright law.
  11. Copyright Complaints. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide DM’s copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. §512 (“DMCA”). Please be advised that to be effective, the notice must include ALL of the following: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (iv) information reasonably sufficient to permit us to contact the complaining party; (v) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or as a matter of law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Notices of claimed copyright infringement and counter-notices should be delivered via email to hello@drewmartin.co or by mail addressed to Drew Martin, 11150 Santa Monica Blvd., Suite 1500, Los Angeles, CA 90025 USA. In accordance with the DMCA, it is our policy to terminate use of our Site by repeat infringers in appropriate circumstances.
  12. Third Party Links. The Site may contain links to websites, applications or other products or services operated by other companies (“Third Party Platforms”). DM does not endorse, monitor or have any control over these Third Party Platforms, which have separate terms of use and privacy policies. DM is not responsible for the content or policies of Third Party Platforms and you access such Third Party Platforms at your own risk.
  13. Disclaimers and Limitations of Liability.
    1. DM publishes information on its Site as a convenience to its visitors. While DM attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site at any time without notice. The products described on the Site may not be available in your region. DM does not claim that the information on the Site is appropriate to your jurisdiction or that the products described on its Site will be available for purchase in all jurisdictions.
    2. You assume all responsibility and risk with respect to your use of the Site, which is provided “AS IS.” DM DISCLAIMS ALL WARRANTIES, CONDITIONS, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, FUNCTIONS AND SERVICES PROVIDED ON THE SITE, WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. DM DOES NOT WARRANT THAT THE SITE OR ITS FUNCTION OR THE CONTENT AND MATERIALS OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. DM MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. THIS LIMITATION OF LIABILITY MAY NOT APPLY TO ALL USERS AND MAY BE LIMITED BY APPLICABLE LAW, AND CERTAIN USERS MAY HAVE ADDITIONAL RIGHTS NOT EXPRESSED HEREIN.
    3. DM makes no warranties of any kind regarding any sites not controlled by DM to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and DM makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such sites not controlled by DM. DM does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.
    4. IN NO EVENT SHALL DM, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF DM OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THIS LIMITATION OR EXCLUSION OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
  14. Indemnity. You agree to indemnify and hold DM, its managers, members, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including actual outside attorneys’ fees and court costs, in any way arising from, related to or in connection with your use of the Site, your violation of these Terms or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third-party claim that any information, materials or User Content you provide infringes any third-party proprietary right. You further agree to reimburse DM, within thirty (30) days of each demand for reimbursement, for any and all costs, liabilities, expenses, fees, fines, professional fees and other amounts paid or incurred by DM (or such other indemnitee) in connection with the foregoing indemnity.
  15. Governing Law and Disputes. THE PARTIES AGREE THAT THESE TERMS, ANY SALES THEREUNDER, AND/OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE) BETWEEN YOU AND DM ARISING FROM OR RELATING TO THESE TERMS, ITS INTERPRETATION OR THE BREACH, TERMINATION OR VALIDITY THEREOF, THE RELATIONSHIPS THAT RESULT FROM THESE TERMS, DM’S ADVERTISING, OR ANY RELATED PURCHASE SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO CONFLICTS OF LAW. 
  16. Dispute Resolution and Binding Arbitration. YOU AND DM ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND DM, its members, managers, agents, employees, successors, assigns, direct and indirect subsidiaries, and any third party providing any products or services to you in connection with your purchase (collectively “DM”) arising from or relating in any way to your purchase of products, your use of the Site, these Terms, its interpretation or the breach, termination or validity thereof, the relationships that result from these Terms (including relationships with third parties who are not signatories to these Terms), DM’s advertising or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. The arbitrator shall have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision including any unconscionability challenge or any other challenge that the arbitration provision or these Terms is void, voidable or otherwise invalid. The arbitration shall be administered by the American Arbitration Association (AAA) or JAMS (or a substitute forum if both are unavailable). Arbitration proceedings shall be governed by this provision and the applicable procedures of the selected arbitration administrator, including any applicable procedures for consumer-related disputes, in effect at the time the claim is filed. Consumer claimants (individuals whose transaction is intended for personal, family or household use) may elect to pursue their claims in small-claims court rather than arbitration. The arbitration or small-claims court proceeding will be limited solely to the customer’s individual dispute or controversy. You agree to arbitration on an individual basis. In any dispute, NEITHER YOU NOR DM SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS/USERS, OR ARBITRATE OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed and the remaining arbitration terms shall be enforced (but in no case shall there be class arbitration). The arbitrator shall be empowered to grant whatever relief would be available in court under law or in equity. This transaction shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA). Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Payment for all filing, administration and arbitrator fees will be governed by the rules of the applicable arbitration administrator, provided, that DM will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. If you prevail on any claim that affords the prevailing party statutory attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law. Information on AAA or JAMS and their applicable rules are available at the following numbers and URLs: (i) American Arbitration Association: (800) 778-7879, www.adr.org; and (ii) JAMS: (800) 352-5267, www.jamsadr.com. If for any reason a claim proceeds in court rather than in arbitration each of you and DM waive any right to a jury trial. Moreover, each of you and DM both agree that either party may bring suit in court to enjoin infringement or misuse of intellectual property rights.
  17. General. These Terms constitute the entire agreement between you and DM and govern your use of the Site, and they supersede any prior agreements between you and DM, provided, however, that these Terms shall be read in conjunction with the Privacy Policy, as applicable. You also may be subject to additional terms and conditions that are applicable to certain parts of the Site. You agree that this Site shall be deemed a passive website solely based in California, USA, which does not give rise to personal jurisdiction over DM in jurisdictions other than California. DM may terminate this agreement and deny you access to the Site at any time, immediately and without notice, if in DM’s sole discretion you fail to comply with any provision of these Terms. You agree that no joint venture, partnership, employment or agency relationship exists between DM and you as a result of these Terms or your use of the Site. Any claim or cause of action you may have with respect to DM or the Site must be commenced within one (1) year after the claim or cause of action arose or be forever barred. The failure of DM to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision in these Terms of Use is held invalid, the remainder of these Terms shall continue to be enforceable. If any provision in these Terms is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms and the remaining provisions are still valid and enforceable. You may not assign these Terms nor any of your rights or obligations under these Terms without DM’s express prior written consent. These Terms inure to the benefit of DM’s successors, assigns, affiliates and licensees. The section titles in these Terms are for convenience only and have no legal or contractual effect. All notice required or permitted under these Terms shall be made in writing by mail or by email to:

Drew Martin
11150 Santa Monica Blvd.
Suite 1500
Los Angeles, CA
90025 USA
hello@drewmartin.co

Drew Martin Salon Sweepstakes

Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT IMPROVE YOUR CHANCES OF WINNING. THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, FACEBOOK OR INSTAGRAM. MANY WILL ENTER; FEW WILL WIN.

Message & Data Rates May Apply: If you choose to participate via a mobile device, message and data rates may apply based on your wireless carrier’s rate plan. Internet access may not be available from your wireless carrier, or in your area.  Message and data rates may apply even if your use of a mobile device does not result in Sweepstakes entry.

Eligibility. This Drew Martin Salon Sweepstakes (“Sweepstakes”) is open to all natural persons who are legal residents of the United States AND currently reside in Los Angeles County, who are at least 21 years old at time of entry. Void outside of Los Angeles County. Entries are restricted by IP address to determine your location is within Los Angeles County. The following are ineligible: employees and their spouses, immediate families (parent, child, sibling and any of their respective spouses) and household members of any of the foregoing (whether or not related) of Aperture Brands, (“Sponsor”), and its parents and subsidiaries, and participating vendors, (collectively, including Sponsor, the “Sweepstakes Entities”). By entering the Sweepstakes, participants agree to accept and be bound by all terms of these “Official Rules.” The Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void where prohibited by law.

Sponsorship. Sponsor is located at 11150 Santa Monica Blvd., Suite 1500 and Sponsor will conduct the Sweepstakes substantially as described in these Official Rules.

Entry Period. This Sweepstakes begins on 7/10/20 at 12:01 AM PSTT and ends on 7/20/20 at 11:59 PM PST (“Entry Period”).

How to Enter. During the Entry Period, visit the Sweepstakes registration page located on Sponsor’s website at www.drewmartin.co and follow the instructions to electronically complete and submit the Sweepstakes entry form. You will be asked to provide your email address. All entries become the property of Sponsor and none will be acknowledged or returned.

Limitations on Entries. LIMIT ONE ENTRY PER PERSON PER EMAIL ADDRESS. No third party entry or entry through any sweepstakes service is permitted. Any person who attempts or otherwise encourages the entry of multiple or false contact information under multiple identities or uses any device or artifice to enter or encourage multiple or false

entries, as determined by Sponsor, will be disqualified. Use of robotic entry devices is strictly prohibited.

Grand Prize. One (1) Grand Prize (“Grand Prize”) will be awarded, which consists of: one (1) hosted Zoom event for up to eleven (11) total participants including eleven (11) gift boxes containing products with a TOTAL APPROXIMATE RETAIL VALUE (“ARV”) OF GRAND PRIZE IS $440.00 USD. For the purpose of any determination of the Grand Prize’s value (or any part thereof), the determination of Sponsor will be final and binding.  The right to the Prize (or any part thereof) is not transferable by the winner.  The Grand Prize (or any part thereof) must be accepted as awarded with no substitutions (in cash, in kind, or otherwise) except at Sponsor’s sole discretion. Additional compensation will not be provided if actual value of the Grand Prize is less than stated ARV. Sponsor reserves the right to substitute the Grand Prize (or any part thereof) for an item (including cash) of equivalent or greater value if for any reason, in Sponsor’s sole discretion, the Grand Prize (or any part thereof) cannot, or without hardship cannot, be awarded as described in these Rules.  Any and all taxes (including, without limitation, income taxes) and other costs and expenses arising from or relating to the Grand Prize (or any substitution) or its delivery, transfer, receipt, acceptance, possession, use or disposition is solely the responsibility of the Grand Prize winner.

Drawing. Winners will be selected in a random drawing from among all eligible entries collected during the Entry Period taking place on or about July 22 at Sponsor’s principal place of business. The drawing will be conducted by Sponsor, whose decisions and interpretations on all matters relating to the Sweepstakes and these Official Rules are final and binding in all respects. Sponsor reserves the right to disqualify any entrant or winner and may refuse to award a prize to a person who is not eligible or has violated a rule, gained unfair advantage in the Sweepstakes, or obtained winner status using fraudulent means. If there is a dispute about the identity of an entrant, prize will be awarded to the natural person to whom the email address is assigned by the internet service provider responsible for the domain associated with the submitted email address. If winner is found to be ineligible or not in compliance with Sweepstakes rules, winner will be disqualified and an alternate winner will be awarded the prize in a separate random drawing. Winner will be notified by email. Inability of Sponsor to contact winner by email within seventy-two (72) hours after selection, may result in disqualification of winner and an alternate winner may be selected in a random drawing at Sponsor’s sole discretion.

Odds. The odds of winning will depend on the number of eligible entries received, according to the eligibility requirements in the Sweepstakes.

General Terms. By entering this Sweepstakes, you promise to abide by the Official Rules and decisions of Sponsor, which will be final and binding in all respects. Sponsor reserves the right, at its sole discretion, to refuse, disqualify or withdraw any entry at any time. Sponsor will not be responsible for any injury, damage or loss of any kind arising out of your participation in the Sweepstakes. YOU AGREE TO RELEASE, DISCHARGE, AND HOLD HARMLESS SWEEPSTAKES ENTITIES, SPONSOR, AND THEIR AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS AND ASSIGNS (COLLECTIVELY, THE (RELEASED PARTIES”) FROM AND AGAINST ANY OR ALL CLAIMS, LOSSES, INJURIES, OR DAMAGES RESULTING FROM PARTICIPATION IN THE SWEEPSTAKES. Except where prohibited by law, by accepting prize, winner grants Sponsor a perpetual, worldwide, royalty-free license to use winner’s name, photograph, voice, and/or likeness without further authorization, compensation, or remuneration of any kind for advertising, promotion and other publicity purposes in any and all media now or hereafter known throughout the world.

THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND 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 RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE GRAND PRIZE, ENTRY, OR PARTICIPATION IN THIS SWEEPSTAKES OR IN ANY SWEEPSTAKES RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY.  BY PARTICIPATING IN THIS SWEEPSTAKES, ENTRANT AGREES THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF THE WEBSITE. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, EPIDEMICS, WEATHER, OR TERRORISM.

THE RELEASED PARTIES EXPRESSLY DISCLAIM ANY RESPONSIBILITY AND PARTICIPANTS AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE RELEASED PARTIES, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, DEMANDS AND/OR LIABILITIES FOR INJURY/DEATH, DAMAGE OR LOSS TO ANY PERSON OR PROPERTY RELATING TO OR ARISING IN CONNECTION WITH PARTICIPATION IN THIS SWEEPSTAKES (REGARDLESS OF THE CAUSE OF SUCH INJURY OR LOSS), THE DELIVERY AND/OR SUBSEQUENT USE OR MISUSE OF THE GRAND PRIZE AWARDED AND/OR PRINTING, DISTRIBUTION OR PRODUCTION ERRORS OR FOR LOST, LATE, MISDIRECTED, INCOMPLETE, CORRUPTED OR ILLEGAL/UNAUTHORIZED SUBMISSIONS. WINNER ACKNOWLEDGES THAT THE GRAND PRIZE IS AWARDED “AS IS” AND THAT SPONSOR HAS NOT MADE, AND IS NOT IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY REPRESENTATION, GUARANTEE OR WARRANTY, EXPRESSED OR IMPLIED, IN LAW OR IN FACT, RELATIVE TO ANY PRIZE, INCLUDING, BUT NOT LIMITED TO ITS QUALITY, MECHANICAL CONDITION OR FITNESS FOR A PARTICULAR PURPOSE.

CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE SPONSOR’S WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.

Sponsor is not responsible for any typographical or other error in the offer or administration of this Sweepstakes, or in the announcement of Sweepstakes winners and Grand Prize. Sponsor reserves the right at its 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.  If, for any reason, the Sweepstakes is not capable of running as planned, Sponsor may, in its sole discretion, void any suspect entries and (a) cancel or 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.

In addition to Sponsor, any Released Party may enforce any provision of these Rules that specifically addresses a Released Party and, according to its express terms, represents an actual or potential protection or benefit for the Released Party.

By accepting the Grand Prize, the winner hereby consents to Sponsor’s and its designees’ and their respective Affiliates’ publication, broadcast, website posting and other dissemination and use of such winner’s picture, name, address, voice, likeness and/or statements for legal, information, editorial, promotional, advertising and/or publicity purposes in any media, worldwide, without limit and without further compensation other than the Grand Prize (or any substitution) offered and accepted. Entrants further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. Entrants acknowledge that Section 1542 provides that:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS/HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS/HER SETTLEMENT WITH THE DEBTOR.”

The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.

SPONSOR MAKES NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WITH REGARD TO THIS SWEEPSTAKES OR THE MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY PRIZE (OR ANY SUBSTITUTION) OR ANY COMPONENT OF ANY PRIZE (OR ANY SUBSTITUTION).  ANY ATTEMPT BY YOU OR ANY PERSON TO DELIBERATELY DAMAGE A WEBSITE OR SWEEPSTAKES-RELATED MECHANISM OR PROCESS OR TO UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) FROM ANY ENTRANT OR OTHER PERSON TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

Any and all claims, judgments, and awards shall, in addition to any limits and exclusions provided for elsewhere in these Rules, be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees or litigation, arbitration or mediation costs or expenses of any kind.  UNDER NO CIRCUMSTANCES WILL SPONSOR OR ANY OTHER RELEASED PARTY BE LIABLE FOR ANY DAMAGES THAT IN THE AGGREGATE (REGARDLESS OF THE NUMBER OF CLAIMS OR CLAIMANTS, AND REGARDLESS OF THE TIMING OF CLAIMS) EXCEED $40, NOR FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR PUNITIVE DAMAGES, THE FOREGOING EXCLUSIONS AND LIMITATIONS SHALL APPLY REGARDLESS OF THE BASIS OF, OR THEORY OF RELIEF REGARDING, ANY CLAIM OR ACTION (INCLUDING, WITHOUT LIMITATION, ANY FORM OF NEGLIGENCE OR STATUTORY OR REGULATORY VIOLATION) AND REGARDLESS OF WHETHER SPONSOR OR ANY OTHER RELEASED PARTY WAS AWARE OR NOTIFIED OF THE HARM, DAMAGE OR LOSS SUFFERED OR ALLEGED.

The protections and benefits of this section shall be construed as also applying for the protection and benefit not only of Sponsor but of all Released Parties as well.

Winner’s Name. The name of winners is available only within seven (7) days after the close of the Sweepstakes. To receive the name of the winners , where permitted by law, or a printed copy of the Sweepstakes Official Rules, please contact Sponsor by email at hello@drewmartin.co.