Bridal & Beyond's Most Romantic Proposal Contest Terms & Conditions

1. Participant Agreement

VOID WHERE PROHIBITED.

This Participant Agreement ("Agreement") governs the use of the Bridal & Beyond™ ("Bridal & Beyond," "we," or "us") website and contests made available through the site (collectively, the "site"). Anyone accessing the site agrees to abide by this Agreement and by the Rules of any contest in which they participate. Those Rules appear under Rules page and are incorporated herein by reference.

Bridal & Beyond may modify this Agreement or the Rules at any time, and such modification shall be effective immediately upon posting on the site or notification by email. Your continued access or use of the site after the modifications have become effective shall be deemed your conclusive acceptance of the modified Agreement or Rules.

2. General

The Contests are for entertainment purposes only. The site is limited to personal and non-commercial use. This Participant Agreement is subject to changes by Bridal & Beyond without prior notice. Bridal & Beyond reserves the right to cancel the Contests at any time, without prior notice, for any reason.

3. Eligibility

Bridal & Beyond's free contests are open to all legal residents of Canada (excluding residents of the province of Quebec), who are at least 18 years old or the age of majority in their province of residence, if such age of majority is greater than 18, as of the date of entry into this Participant agreement. Employees of Bridal & Beyond, and their respective advertising and promotion agencies, their parent, subsidiary and affiliated companies, as well as members of their immediate families and households (including children, spouses and siblings and/or persons living in the same households as such persons, whether related or not) are not eligible for participation. The Contest is void wherever prohibited and subject to all federal, provincial and local laws and may be restricted to certain provinces. To determine your eligibility for a particular contest, consult the Rules for that contest.

PARTICIPATION IN A CONTEST FOR WHICH YOU ARE NOT ELIGIBLE WILL PLACE YOU IN BREACH OF THIS AGREEMENT AND THE APPLICABLE RULES AND RESULT IN THE FORFEITURE OF ANY PRIZE OR AWARD EARNED.

4. Registration

Registration for the Contest is an online process. To register, email your proposal and required information to proposal@bridalandbeyond.com. By registering to participate in Bridal & Beyond's The Most Romantic Proposal contest, you agree that any and all information you supply in the registration process is current, truthful and complete. For questions regarding this Agreement or the Rules for any contest, contact us at proposal@bridalandbeyond.com

5. License

The contents of the Bridal & Beyond site, including its "look and feel" (e.g. , text, graphics, images, logos and button icons), editorial content, notices, software (including HTML-based computer programs) and other material, are protected under both United States, Canadian and foreign copyright, trademark and other laws. These contents belong or are licensed to Bridal & Beyond. We hereby grant you the right to view and use the site subject to this Agreement.

By entering the Contest, you agree to waive any right to claim any ambiguity or error in the Rules or the Contest itself and agree to be bound by these Rules and by all decisions of Bridal & Beyond, which are binding and final. Failure to comply with these rules may result in disqualification from this Contest. In the event of any unanticipated occurrence that was not fully addressed by the Rules, Bridal & Beyond may modify the Rules to address such occurrence. We hereby disclaim any warranty that the information on this site will be free of interruption or that the site is free of viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. Bridal & Beyond is not responsible for telecommunications, network, electronic, technical or computer failures of any kind, inaccurate transcription of entry information, errors in any promotional or marketing materials, errors in these rules, any human or electronic error, including but not limited to, the administration of this Contest, or for entries that are stolen, misdirected, garbled, delayed by computer transmissions, lost, late or damaged.

CONTEST DISCLAIMER: The winner of the contest will be determined by online votes of viewers and once finalized by Bridal & Beyond, the decision is final and are not subject to appeals.

In the event this disclaimer is held not to be enforceable or is otherwise invalidated, the maximum liability of Bridal & Beyond, its subsidiaries, affiliates, employees, officers, directors and agents to any contestant shall be the value of the winning prize.

6. Site Performance

Bridal & Beyond is not liable for any delay or failure of the site or the Contest to perform. There is no guarantee that Participants will be able to access the site whenever and wherever desired. There may be extended periods of time when you cannot access the site for various reasons, many beyond our control. No corrections or adjustments will be made for votes affected by the site's operation or downtime. The Contest will not recognize votes the site did not process.

In the event this disclaimer is held not to be enforceable or is otherwise invalidated, the maximum liability of Bridal & Beyond, its subsidiaries, affiliates, employees, officers, directors and agents to any contestant shall be the value of the winning prize.

7. Indemnification

You agree to indemnify, defend and hold harmless Bridal & Beyond, its officers, directors, employees, agents and affiliates from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, arising out of or relating to any violation of this Agreement or any other wrongful activity related to use of the site (including but not limited to infringement of third parties' worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing the site using your user name and password. Winners assume all liability for any injury or damages caused or claimed to be caused by his or her participation in the Contest and/or the acceptance and/or use of any prize, and release Bridal & Beyond and its parents, subsidiaries, affiliates, agents and assigns and advertising and promotional agencies and their respective officers, directors, and employees (collectively "Released Parties") from any such liability. Released Parties assume(s) no responsibility for any injury or damage to Participant's or to any other person's computer relating to or resulting from this Contest. Entry constitutes permission (except where prohibited by law) to use winner's name, city, state, likeness and/or voice for purposes of advertising, promotion and publicity without additional compensation. Any attempt by a Participant or any other individual to deliberately damage any online service or website or undermine the legitimate operation of the Contest or the site is a violation of criminal and civil laws and should such an attempt be made, Bridal & Beyond reserves the right to seek damages and/or other remedies from any such person to the fullest extent permitted by law.

8. Bridal & Beyond's Proprietary Right to Content

Winners of any phase of Bridal & Beyond contest waive all rights of privacy and publicity and expressly allow Bridal & Beyond to publicize their names, picture and prizes as it sees fit.

By entering in the contest, you agree that Bridal & Beyond may disclose your first name, last name, picture, and state these at any time during the course of, or after, the Contest, either on the site, or through email notification, at the discretion of Bridal & Beyond, except where prohibited by law.

You hereby agree that any information transmitted to the site in connection with the Contest is not confidential and acknowledge that you have no expectation of privacy with respect to such information, subject to the terms of the site's Privacy Policy. By completing a registration, you hereby agree that any and all information that you supply in the registration process is current, truthful and complete. To the extent that any such information is not current, truthful and complete, you may be disqualified from the Contest. Bridal & Beyond reserves the right to post your wedding proposal and Bridal & Beyond Winners also agree to make available photographs in a format acceptable to Bridal & Beyond and pertinent biographical information for such publicity. Any information posted to or on any area of the site, becomes the exclusive property of Bridal & Beyond for use, reproduction or disclosure at Bridal & Beyond's sole discretion.

9. Content Posted and Activities on the Site

You understand and agree that Bridal & Beyond may review and edit or delete any content, messages, photos or profiles (collectively, "Content") that in the sole judgment of Bridal & Beyond, violate this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any Bridal & Beyond Participants. You are solely responsible for the Content you submit and/or publish or display (hereinafter, "post") on the Service or any material or information you transmit to other Participants. By posting Content on any public area of Bridal & Beyond, you automatically grant, as well as represent and warrant, that you have the right to grant to Bridal & Beyond, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display and distribute such information and content to Bridal & Beyond and that Bridal & Beyond has the right to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.

The following is a partial list of the type of Content and Activities that are illegal or prohibited on the site. Bridal & Beyond reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending Content from the Service and terminating the registration of each violator. Prohibited Content and Activities include, but are not limited to:

o Content that is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual

o Activity that harasses or advocates harassment of another person

o Transmitting "junk mail", "chain letters," or unsolicited mass mailing or "spamming".

o Engaging in advertising to, or solicitation of, any Participant to buy or sell any products or services through the Service, including sports picks information.

o Promoting information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous.

o Creating restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page).

o Providing material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18.

o Soliciting passwords or personal identifying information for commercial or unlawful purposes from other users.

o Providing commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes.

o Modifying, adapting, translating, or reverse engineering any portion of the Bridal & Beyond service.

o Removing any copyright, trademark or other proprietary rights notices contained in or on the Bridal & Beyond service.

o Using any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the Bridal & Beyond service.

o Reformatting or framing any portion of the web pages that are part of the Bridal & Beyond service.

o Creating user accounts by automated means or under false or fraudulent pretenses.

o Submitting Materials that falsely express or imply that such Materials are sponsored or endorsed by Bridal & Beyond.

o Submitting Materials that infringe misappropriate or violate the intellectual property, publicity, privacy or other proprietary rights of any party.

o Transmitting any viruses, worms, defects, Trojan horses or other items of a destructive nature.

o Submitting Materials that are unlawful or promote or encourage illegal activity.

While Bridal & Beyond prohibits such conduct and content on its site, you understand and agree that you nonetheless may be exposed to such Materials and that you use the Bridal & Beyond service at your own risk.

You are solely responsible for your conduct and any data, text, information, graphics, photos, profiles, audio and video clips, links and other content that you submit, post, and display on the Bridal & Beyond service.

We may, but shall have no obligation to, remove materials that we determine in our sole discretion are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party's intellectual property or other proprietary rights or these Terms of Service.

10. Proprietary Rights to Third Party Content

By submitting, posting or displaying any Materials, including but not limited to commentary, blogs and opinion, on or through the Bridal & Beyond website, you automatically grant to us a worldwide, non-exclusive, sublicenseable, transferable, royalty-free, perpetual, irrevocable right to copy, distribute, create derivative works of, publicly perform and display such Materials. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display or sell any such proprietary information.

11. Privacy

Our use and disclosure of your personal information is governed by our Privacy Statement, which is hereby incorporated by reference into this Agreement.

12. Electronic Communications

By registering for the Contest, you agree to receive Contest updates in the form of emails throughout the Contest Term. By registering with us, you also agree to conduct business with us electronically and via the internet and to receive all required notices and disclosures in electronic format, including but not limited to email messages to an authorized email address that you have provided us. These email messages may contain the required notice or disclosure or may alert you to the availability of such a notice or disclosure on our website. We also reserve the right to effect delivery of notices or disclosures by posting to our site with no email transmission, to the extent permitted by applicable law. To access any of these notices or disclosures and to receive email messages, all you need is a valid email address, access to the internet and any generally available commercially available Web browser, such as Internet Explorer or Netscape Navigator. If, at any time, you wish to withdraw your consent to the receipt of electronic communications, you must notify us at proposal@bridalandbeyond.com. We will regard such withdrawal as a termination of your registration with us and of your participation in any then-current or future contest. You may request paper copies of any electronic notice or disclosure we provide; however, we reserve the right to refuse or to assess a service charge to respond such a request, at our sole discretion and to the extent permitted by applicable law. If, at any time, you would like to change the email address you have provided, you must notify Customer Service via email at proposal@bridalandbeyond.com.

13. Assignability

You may not transfer any rights or obligations you may have under this Agreement. We reserve the right to transfer or to subcontract any right or obligation under this Agreement at our sole discretion without your consent.

14. Severability

If any term or provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid or otherwise unenforceable, such term or provision shall not affect the Agreement's other terms or provisions, or the whole of this Agreement, but such term or provision shall be deemed modified to the extent deemed necessary to render such term or provision enforceable, and the rights and obligations of the Parties shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent of the parties and the Agreement's purposes.

15. Links

While Bridal & Beyond welcomes links to our site from other websites, we, in no way, operate, control or endorse linking sites and reserve the right to disallow any such link at any time in our sole discretion.

16. No Third­Party Beneficiaries

A person who is not a party to this Agreement has no rights under this Agreement.

17. Governing Law

This Agreement shall be governed by the laws of Quebec, without regard to the conflict or choice-of-law principles thereof, and the provincial and federal courts located in Quebec shall have exclusive jurisdiction over all disputes. If required to give legal effect to this Agreement, or in any event at Bridal & Beyond's sole election, any such dispute may be submitted to binding arbitration pursuant to the Rules of Arbitration of the International Centre for Dispute Resolution of the American Arbitration Association, with a single arbitrator appointed in accordance with those rules. The seat of arbitration and the place of arbitration shall be in Montreal, Quebec, with the arbitration proceedings conducted in English, except in the event of a claim for less than $1,000, such arbitration may be conducted telephonically at either party's election.

18. No Class Action

YOU ARE GIVING UP ANY RIGHT YOU MIGHT HAVE TO COMMENCE OR PARTICIPATE IN ANY CLASS OR GROUP LITIGATION OR PROCEEDING AGAINST US.

You understand that, in return for your agreement to this paragraph, Bridal & Beyond is able to offer the contests at the terms set out herein, and that your assent to this Section is an indispensable consideration to this Agreement.