Terms of service

Privacy.

You agree to Cityhome’s Privacy Policy, which explains how we collect, use, and protect the personal information you provide to us.

 

Cityhome account registration.

You must open an account with us (a Cityhome account) to use the Services. During registration we will ask you for information, including your name, email and other personal information. You must provide accurate and complete information in response to our questions and keep that information current. In order to create your Cityhome Account you will be required to select a password. Please choose a strong password and do not reveal your password to others. You agree that you are responsible for keeping your password confidential and secure, and further understand that you are solely responsible for keeping your password confidential and secure, and further understand that you are solely responsible and liable for any activities that occur under your Cityhome Account. We reserve the right to suspend or terminate the Cityhome Account to any user who provides inaccurate, unsure, or incomplete information, or who fails to comply with the account registration requirements.

 

Revisions, disclosures and notices.

We may amend the TOS of our Policies, at any time with notice that we deem to be reasonable in the circumstances, by posting the revised version on our website or communicating it to you through the Services (each a “Revised Version”) The Revised Version will be effective as of the time it is posted, but will not apply retroactively. Your continued use of our Services after the posting of a Revised Version constitutes your acceptance of such Revised Version. Any Dispute that arose before the changes will be governed by the TOS or Policies in place when the Dispute arose.  

 

Cityhome Services.

Cityhome provides advertising and marketing services to independently operated stores, boutiques, brand and artists (Sellers) on our Website and through our services. Cityhome is not the retailer of any products offered by Sellers. Sellers are solely responsible for complying with all applicable laws, rules and regulations and standards, including but not limited to those pertaining to the sale of, marketing, and packaging all products ordered through Cityhome, and keeping Cityhome aware of any changes to products or product pricing. Each Seller is soley liable for the quality, safety and newness of its products, and Cityhome does not verify the credentials, representations, products, services or prices offered by the Sellers, and does not guarantee the quality of the product or services, or that any Seller or Seller service complies with applicable laws. Cityhome will not be liable or responsible for any products or services provided by Sellers that are a cause of injury or that are unacceptable to or do not meet your expectations in any manner. Independent contractors (each a ‘courier’) have entered into agreements with Cityhome to provide delivery services. Cityhome does not offer such delivery services, and has no responsibility or liability for any courier. Cityhome will not be liable or responsible for any delivery services provided by couriers or any errors of misrepresentations made by them. Couriers are required to comply with all applicable laws, rules and regulations.  You are solely for verifying the accuracy of your delivery address, and Cityhome will have no liabity or responsibility for any such erroneous addresses.

 

Account access.

By agree to those TOS, you represent and warrant to us: a. that you are at least eighteen years old; that you have not previously been suspended or removed from the Service; c. you are eligible to register and use the Services and have the right, power and ability to enter into and perform under these TOS; and d. you will not use the Services, directly or indirectly for any fraudulent undertakings in any manner and your use of the Services will be in compliance with these TOS and applicable Additional Terms. If you are using the Service on behalf of an entity, organization or company, you represent and warrant that you have authority to bind the organization to these TOS and you agree to be bound by these TOS on behalf of that organization.

 

Limitations on use and rules of conduct. By using the website and services, you agree not to:

  • Use the services for commercial purposes or in any way that is unlawful, or harms us or any other person or entity;
  • Use any information obtained from the website or the services in order to contact, advertise to, solicit, or sell to any user or restaurant;
  • Upload, download, post, email, transmit, store or otherwise make available any Content that is unlawful, harassing, threatening, harmful, tortious, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable;
  • Stalk, harass, threaten or harm another;
  • Pretend to be anyone, or any entity, you are not – you may not impersonate or misrepresent yourself as another person (including celebrities), entity, another subscriber, a Cityhome employee, or a civic or government leader, or otherwise misrepresent your affiliation with a person or entity (including creation of additional accounts after termination by us for violation of the TOS);
  • Engage in any copyright infringement or other intellectual property infringement, or disclose any trade secret or confidential information in violation of a confidentiality, employment, or nondisclosure agreement;
  • Post, send, transmit or otherwise make available any unsolicited or unauthorized email messages, advertising, promotional materials, junk mail, spam, or chain letters, including, without limitation, bulk commercial advertising and informational announcements;
  • Forge any TCP-IP packet header or any part of the header information in an email or a news group posting, or otherwise putting information in a header designed to mislead recipients as to the origin of any Content transmitted through the Service (“Spoofing”);
  • Upload, post, email, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the Service (or any part thereof), or any other computer software or hardware;
  • Access or monitor any material or information on any Cityhome system using any manual process or robot, spider, scraper or other automated means;
  • Perform or attempt to perform any actions that would interfere with or disrupt the Service (including accessing the Service through any automated means, like scripts or web crawlers), or any servers or networks connected to the Service, or any policies, requirements or regulations of networks connected to the Service (including any unauthorized access to, use or monitoring of data or traffic thereon);
  • Plan or engage in any illegal activity, and/or
  • Gather and store personal information on any other users of the Service to be used in connection with any of the foregoing prohibited activities.

We cannot and do not assure that other users are or will be complying with the foregoing limitations on use and rules of conduct or any other provision for these TOS, and, as between you and us, you assume all risk of harm or injury resulting from any such lack of compliance.  Violations of any of these TOS may result in termination of your account. We reserve the right to modify these limitations on use and rules of conduct.

CONTENT AND SUBMISSIONS
With the exception of Submission (defined below) all information, materials, functions and other content ("Content") contained on the Services are owned by or licensed to Cityhome and are our copyrighted property or the copyrighted property of our licensors or licensees. All trademarks, slogans, service marks, trade names, logos, and trade dress are proprietary to us and/or our licensors or licensees. We may change the Services or delete Content or features at any time, in any way, for any reason.

Except as we specifically agree in writing, no Content from the Services may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the Services, not even as part of a derivative work. Using our Content for any other purpose, including but not limited to "re-mailing" or high-volume or automated use of the Services or using any of our Content on any other website or networked computer environment, is a violation of our copyright and other proprietary rights and is strictly prohibited.

YOU ACKNOWLEDGE AND AGREE THAT NOTHING IN THESE TOS WILL HAVE THE EFFECT OF TRANSFERRING THE OWNERSHIP OF ANY COPYRIGHTS, TRADEMARKS, SLOGANS, SERVICE MARKS, TRADE NAMES, TRADE DRESS OR OTHER PROPRIETARY RIGHTS IN THE SERVICES OR CONTENT OR ANY PART THEREOF TO YOU OR ANY THIRD PARTY NOR TO AUTHORIZE YOU TO CREATE DERIVATIVE WORKS BASED ON THE CONTENT.

In these TOS, we use the word "Submissions" to mean text, messages, ideas, concepts, pitches, suggestions, treatments, formats, artwork, photographs, drawings, videos, audiovisual works, characterizations, your and/or other persons' names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or other similar materials that you submit, post, upload, embed, display, communicate or otherwise distribute (collectively, "Distribute") on or through the Services.

You agree that any Submissions you make is not being made in confidence or trust and may not be private communications and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of any review, compensation or consideration of any type. Accordingly, we, our licensees, distributors, agents, representatives and other authorized users will be entitled to use and disclose all Submissions, and we will not be liable to you or to any person claiming through you for any exploitation or disclosure of any Submission.

We may provide you an area, site or feature as part of any Services that offers the opportunity for users to Distribute Submissions for viewing by one or more Services' users, including a chat area, message board or social community environment (“Public Forum”). We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk.

Subject to applicable law, you are and will remain solely responsible for the Submissions you Distribute on or through any Services under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting same.

We reserve the right to screen, refuse to post, remove, modify, edit, store and/or review Submissions at any time and from time to time and for any or no reason including, without limitation, to ensure that the Submissions conforms to the rules of conduct, in our absolute and sole discretion without prior notice.

You understand that by using the Service you may encounter Content that you may find offensive, indecent, or objectionable, and that you may expose others to Content that they may find objectionable. Cityhome is not responsible or liable for nor do we endorse in any way any Content provided by others and has no duty to pre-screen such Content.

LICENSES AND REPRESENTATIONS

You grant us and our licensees, distributors, agents, representatives and other authorized users, a non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license for an indeterminate period (or for such maximum period permitted by applicable law) under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual and industrial property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit such Submissions, in whole or in part, in all media formats and channels now known or hereafter devised (including on the Site, on third party websites, on our broadband and wireless platforms, products and services, on physical media) for any and all purposes including, without limitation, entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity (the "Submissions License").

By communicating a Submission, you represent and warrant that the Submission and your communication thereof conform to these TOS and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize us to exploit, such Submission in all manners contemplated by these terms of use (including the Submissions License).

To the extent that we solicit Submissions through features or activities on or through the Services (including games, sweepstakes, contests, promotions, and Public Forums that require the use of our copyrighted works (in whole or in part), we grant you a non-exclusive license to create a derivative work using our copyrighted works (in whole or in part) as required (but only as required, and only for the purpose of creating your Submissions); provided that such license will be conditioned upon your assignment of all rights in the work you create to us. If such rights are not assigned to us, your license to create derivative works using our copyrighted works (in whole or in part) will be null and void. You agree to the foregoing grant of rights, consents, agreements and assignments whether or not your Submissions are used by us.

REFERRAL PROGRAMS

From time to time, we may offer referral programs or incentives for inviting others to use the Service (a "Referral Program"). Any credits or incentives under such Referral Program will be subject to the then current Referral Program terms and at our sole discretion.

ADDITIONAL OBLIGATIONS OR TERMS OF USE

Particular components or features of our Service, provided by us and/or our licensors, may be subject to separate software or other license agreements or terms of use. You must read, accept, and agree to be bound by any such separate agreement as a condition of using these particular components or features of the Service. Cityhome is not responsible for the performance of any third party services.

COMMUNICATIONS

You consent to accept and receive communications from us, including e-mail, text messages, calls, and push notifications to the cellular telephone number you provide to us. These communications may be generated by automatic telephone dialing systems which will deliver prerecorded messages, including for the purposes of secondary authentication, reminders, and other notifications. Standard message and data rates applied by your cell phone carrier may apply to the text messages we send you. You may opt-out of receiving communications by following the unsubscribe options we provide to you. You may also opt-out of text messages from Cityhome at any time by texting STOP to the number in your transactional text message. You acknowledge that opting out of receiving communications may impact your use of the Services.

FEES

You agree to pay all charges, including gratuities, fees and taxes, and any part thereof, when you purchase, use, or participate in a Service from Cityhome. All fees are exclusive of applicable taxes, unless otherwise stated, and you are solely responsible for the payment of any such taxes that may be imposed on your use of the services provided to you. Cityhome may change the fees for the Service at any time. Cancellations are subject to our cancellation policy.

CREDIT CARD OR OTHER PAYMENT SERVICE AUTHORIZATION

You may be asked to provide us with a credit card number from a card issuer or other payment information that we accept in order to activate and/or pay for any fees related to the Service. We may seek pre-authorization of your credit card or other payment information prior to a purchase to verify that the credit card or payment information is valid and/or has the necessary funds or credit available to cover your purchase. These pre-authorizations will reduce your available balance by the authorization amount until it is released or reconciled with the actual charge. Please contact your card issuer if you have additional questions regarding when an authorization amount will be removed from your statement.

TERMINATION

You may terminate your account and/or stop using the Service at any time. Any fees paid by you prior to your termination are nonrefundable (except as expressly permitted otherwise by these TOS). Termination of your account will not relieve you of any obligation to pay any accrued fees or charges. We may at any time, under any circumstances and without prior notice, immediately terminate or suspend all or a portion of your account and/or access to the Service. Any such termination or suspension will be made by us in our sole discretion, without any refund to you of any prepaid fees or amounts, and we will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your account and/or access to the Service.

EFFECT OF TERMINATION

Upon termination of your account you lose all access to the Service and any portions thereof, including, but not limited to, your Cityhome Account. In addition, Cityhome may delete all information and data stored in or as a part of your account(s) including, but not limited to, data files, email, preferences and Submissions. Any individual components of the Service that you may have used subject to separate agreement will also be terminated in accordance with such separate license.

LINKS

Certain Content, components or features of the Service may include materials from third parties and/or hyperlinks to other websites, resources or Content. Because Cityhomer may have no control over such third party sites and/or materials, Cityhome is not responsible for the availability of such sites or resources, and does not endorse or warrant the accuracy of any such sites or resources, and will in no way be liable or responsible for any Content, advertising, products or materials on or available from such sites or resources. You further acknowledge and agree that Cutyhome will not be responsible or liable in any way for any damages you incur or allege to have incurred, either directly or indirectly, as a result of your use and/or reliance upon any such Content, advertising, products or materials on or available from such sites or resources.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CITYHOME AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, CITYHOME AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICES WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICES WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE VOUCHERS OR OTHER ITEMS PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CITYHOME OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TOS.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT CITYHOME AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES , INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF CITYHOME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICES; (II) ANY CHANGES MADE TO THE SERVICES OR ANY TEMPORARY OR PERMANENT CESSATION OF THE SERVICES OR ANY PART THEREOF; (III) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE SERVICES; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; AND (VI) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT WILL CITYHOME'S LIABILITY IN CONNECTION WITH ANY SERVICE, INCLUDING ANY VOUCHER, EXCEED THE AMOUNT PAID FOR ANY SUCH SERVICE BY YOU.

INDEMNITY

You will defend, indemnify and hold Cityhome, its affiliates, subsidiaries, directors, officers, employees, agents, partners and licensors harmless from and against any claim or demand, including reasonable attorneys’ fees, made by a third party, relating to or arising from: (a) your violation of any third-party right, including without limitation any right to privacy, publicity rights or Intellectual Property Rights, including Submissions you Distribute through the Services; (b) your wrongful or improper use of the Services; (c) any actual or alleged breach of your representations, warranties, and obligations set forth in these TOS; (d) your violation of any rights of another; and (e) your violation of any law, rule or regulation of the United States or any other country. This obligation will survive the termination or expiration of these TOS and/or your use of the Services. You are responsible for all use of the Services using your account, and that these TOS apply to any and all usage of your Member Account. You agree to comply with these TOS and to defend, indemnify and hold harmless Cityhome from and against any and all claims and demands arising from usage of your Member Account, whether or not such usage is expressly authorized by you.

BINDING INDIVIDUAL ARBITRATION

You and Cityhome agree to arbitrate any and all Disputes by a neutral arbitrator who has the power to award the same damages and relief that a court can. ANY ARBITRATION UNDER THESE GENERAL TERMS WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, REPRESENTATIVE ACTIONS AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. YOU WAIVE ANY RIGHT TO HAVE YOUR CASE DECIDED BY A JURY AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST CITYHOME. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced (but in no case will there be a class or representative arbitration). All Disputes will be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered by the American Arbitration Association (www.adr.org) according to this Section and the applicable arbitration rules for that forum. The Federal Arbitration Act, 9 U.S.C. §§ 1­16, fully applies. Any arbitration hearing will occur in Boston, Massachusetts, or another mutually agreeable location. The arbitrator’s award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. We will pay all the arbitration fees due to the American Arbitration Association for any Dispute. If you prevail on any claim for which you are legally entitled to attorney’s fees, you may seek to recover those fees from the arbitrator. For any claim where you are seeking relief, we will not seek to have you pay our attorney’s fees, even if fees might otherwise be awarded, unless the arbitrator determines that your claim was frivolous. For purposes of this arbitration provision, references to you and Cityhome also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as authorized users or beneficiaries of the Services. Subject to and without waiver of the arbitration provisions above, you agree that any judicial proceedings will be brought in, and you consent to, the exclusive jurisdiction and venue in the state courts in the City and County of Boston, Massachusetts.

GOVERNING LAW

These TOS and any Dispute will be governed by Massachusetts law and/or applicable federal law (including the Federal Arbitration Act) as applied to agreements entered into and to be performed entirely within Massachusetts, without regard to its choice of law or conflicts of law principles.

LIMITATION ON TIME TO INITIATE A DISPUTE

Any action or proceeding by you relating to any Dispute must commence within one year after the cause of action accrues.

ASSIGNMENT

These TOS, and any rights and licenses granted hereunder, may not be transferred or assigned by you and any attempted transfer or assignment will be null and void.

GENERAL

These TOS and any applicable Additional Terms or Policies, are a complete statement of the agreement between you and Cityhome regarding the Services. In the event of a conflict between these TOS and any other Cityhome agreement or Policy, these TOS will prevail and control the subject matter of such conflict. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of these TOS or Additional Terms is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions will remain in full force and effect. The failure of Cityhome to exercise or enforce any right or provision of these TOS will not constitute a waiver of such right or provision. You agree that, except as otherwise expressly provided in these TOS, there will be no third-party beneficiaries to these TOS.

OFFICIAL GIVEAWAY TERMS & CONDITIONS

NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.

The $500 Cityhome Gift Card Giveaway (the “Giveaway”) is sponsored by Cityhome (the “Sponsor”) having an address of 47-5 Commercial Wharf, Boston, MA 02110. Entrant’s registration and participation in the Giveaway shall be governed by the terms and conditions contained herein (the “Official Giveaway Rules”).

1. Eligibility: The Giveaway is only open to legal residents of the United States who are at least 18 years of age at the time of entry. The Giveaway is void where prohibited by law. Employees of the Sponsor are not eligible to participate in or win the Giveaway. Participation constitutes entrant's full and unconditional agreement to these Official Giveaway Rules and to Sponsor’s decisions, which are final and binding in all matters related to the Giveaway. Winning a prize is contingent upon fulfilling all requirements set forth herein. The Sponsor reserve the right to verify the eligibility of winners. Winners may be required to sign an Affidavit of Eligibility and complete relevant tax forms as a condition to the delivery of the applicable prize.

2. How to Enter: No purchase is necessary to participate in the Giveaway and a purchase does not increase the chances of winning. To enter, you must complete all required fields in the Giveaway entry form between 12:00 am EDT on August 9, 2021 and 11:59pm EDT on August 12, 2021 (the “Entry Period”).

The maximum number of entries per person during the Entry Period is one (1). All entries become the sole property of the Sponsor. By entering online, you agree to receive emails from Cityhome, which you can opt-out of at any time and other direct marketing using information provided. Normal time, toll, connection and usage rates, if any, charged by your Internet service provider will apply. Entries generated by script, macro or other automated means are void. Entries that are not complete or do not adhere to the rules or specifications may be disqualified at the sole discretion of the Sponsor. In the event of any dispute about the identity of a winner based on email address, the winning entry will be declared made by the authorised account holder of the email address at the time of submission of the entry.

3. Prize: At the end of the Entry Period, there will be one (1) drawing in which one (1) potential winner shall be randomly selected from all eligible entries received during the Entry Period by employees or representatives of the Sponsor to receive the Prize: a $500 Cityhome Gift Card. The Prize is not transferable and no substitution is permitted, other than in the sole discretion of the Sponsor.

4. Odds: The odds of winning depend on the number of eligible entries received. A purchase does not increase chances of winning.

5: Winner Notification: Winners will be notified via e-mail to the e-mail address they entered the Giveaway with within five (5) days following the winner selection. The Sponsor shall have no liability for a winner's failure to receive notices due to winners' spam, junk e-mail or other security settings or for winners' provision of incorrect or otherwise non-functioning contact information. If the selected winner cannot be contacted, is ineligible, fails to claim the Prize within 5 days from the time award notification was sent, Prize may be forfeited and an alternate winner selected.

6. Winners List: For the names of the official winners, please contact us at shops@shopcityhome.com and in the body of the email type 'Please e-mail me the winners' list for the $500 Cityhome Gift Card Giveaway.’ No personally identifiable information will be shared.

7. Notice to Online Entrants: Any attempt by an individual to deliberately damage any website of Sponsor or undermine the legitimate operation of this Giveaway could be a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek damages from any such individual to the fullest extent permitted by law. Any entries that are suspected of being fraudulent (including those using robotic, automatic, programmed or similar methods of participation) will be disqualified, based on determinations made solely by Sponsor. Sponsor reserves the right to prohibit the participation of an individual if fraud or tampering is suspected or if the account holder fails to comply with any requirement of participation as stated herein or with any provision in these Official Giveaway Rules.

8. Indemnification: By entering the Giveaway, entrants forever and irrevocably agree to defend, indemnify, release and hold harmless the Prize Providers and their directors, officers, employees, shareholders, agents, representatives, successors and assigns (collectively “releasees”) from and against any and all liabilities, losses, costs, expenses, damages, rights, claims, lawsuits, penalties, proceedings, judgments and actions of any kind arising in whole or in part, directly or indirectly, from the Giveaway, entry, participation or inability to participate in any Giveaway-related activity (including, without limitation, the removal from the site of, or discontinuation of access to, any materials), or resulting directly or indirectly, from acceptance, receipt, delivery, possession, attendance at, travel related to, defect, use, inability to use or misuse of any prize awarded in connection with the Giveaway, including without limitation personal injury, death, and/or property damage, as well as claims based on publicity rights, defamation, and/or invasion of privacy, in each case to the maximum extent permitted by applicable law.

9. General Conditions and Releases: An entrant or winner may be disqualified from the Giveaway if he or she fails to comply with each provision of these Official Giveaway Rules, as determined in the sole discretion of the Sponsor. Participation in the Giveaway is at entrant’s own risk. By receipt of any Prize, the applicable winner agrees to release and hold harmless Releasees for 1) failed, returned or misdirected notifications based on inaccurate information provided by the winner on the Giveaway entry form, 2) entries and responses to winner notifications which are lost, late, incomplete, illegible, unintelligible, postage-due, misdirected, damaged or otherwise not received by the intended recipient in whole or in part or for computer or technical error of any kind, 3) any electronic miscommunications or failures, technical hardware or software failures of any kind, lost or unavailable network connections, or failed incomplete, garbled or delayed computer transmissions which may limit an entrant's ability to participate in the Giveaway, 4) any technical malfunctions of the telephone network, computer on-line system, computer equipment, software, program malfunctions or other failures, delayed computer transactions or network connections that are human, mechanical or technical in nature, or any combination thereof, including any injury or damage to entrant's or any other person's computer related to or resulting from downloading any part of this Giveaway or 5) any warranty of fitness or merchantability of any prize or the function or operation thereof. Releasees do not make any, and hereby disclaims any and all, representations or warranties of any kind regarding any prize. By entering or accepting a prize in the Giveaway, winner agrees to be bound by these Official Giveaway Rules and to conform to all federal, state and local laws and regulations. Any federal, state, local and/or any other tax liabilities of the participant arising as a result of entry into this Giveaway (including as a result of the receipt of the Prize) shall be the sole responsibility of the participant. The winner should consult with their own tax advisor on the tax consequences applicable to them resulting from winning the Prize.

The winner may be required to execute and return to Sponsor within one (1) business day an Affidavit of Eligibility and/or a Liability and Publicity Release (where imposing such condition is legal) and any additional documents required by Sponsor (or any other Prize Provider) in connection with the possibility of receiving the Grand Prize.

Winner may be required to furnish proof of identity, address and birthdate in order to receive the Prize. Any person attempting to defraud or in any way tamper with this Giveaway will be ineligible for the Prize and may be prosecuted to the full extent of the law. Sponsor reserves the right to modify these Official Giveaway Rules in any way or at any time. Sponsor reserves the right, in its sole discretion, to modify, cancel or suspend this Giveaway should viruses, bugs or other causes beyond Sponsor’s control corrupts the administration, security or proper play of the Giveaway, or for any reason that Sponsor believes in good faith would be fair to the entrants and the conduct of the Giveaway. In the event of cancellation or suspension, Sponsor shall promptly post a notice on the Giveaway entry page to such effect.