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Terms

Thank you for visiting www.silktherapeutics.com, a Silk Therapeutics, Inc. (“Silk Therapeutics”) Website and Online Store (the “Site”). The Site is designed to provide a convenient way for consumers to learn about and purchase Silk Therapeutics™ products. By using the Site, you agree that you are of the legal age of majority in your state and that you are bound by the terms set forth herein (“Terms and Conditions”). By registering for, logging into, or otherwise using the Site, you indicate that you understand and intend these Terms and Conditions to be the legal equivalent of a signed, written contract and equally binding, and that you accept the terms of use as set forth in these Terms and Conditions and agree to be legally bound by them. If you do not accept all of the terms of use set forth in these Terms and Conditions, you may not use the Site.

Subject to reasonable notice to you and your acceptance as evidenced by your conduct, including your continued use of the Site or otherwise, Silk Therapeutics reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time. We may provide notice by posting any changes on this page or by sending you an email. Any such changes will apply to your existing account as well as your continued use of the Site.

Questions or Comments

If you have questions or comments about a Silk Therapeutics product, you may call 866-809-0367. If you have other questions or comments about this Site, you may contact us at support@silktherapeutics.com.

Electronic Communications

When you visit the Site or send emails to Silk Therapeutics, you are communicating with Silk Therapeutics electronically. You consent to receive communications from Silk Therapeutics electronically. Silk Therapeutics will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.

Terms of Use

This Site (including the software and files) and content provided on this Site, including the text, price, graphics, images, photographs, analyses, studies, reports, and downloads (all such content collectively, the “Content”) are the exclusive property of Silk Therapeutics or are licensed to Silk Therapeutics, and are protected by law, including United States copyright, database, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided in these Terms and Conditions, Silk Therapeutics does not grant any express or implied rights to you. The contents of this Site are copyright 2016, Silk Therapeutics, Inc. All rights reserved. Silk Therapeutics also owns copyright rights in the Site as a collective work and/or compilation, and in any and all databases accessible on or through the Site. Unless otherwise noted, Silk Therapeutics and other brands featured on the Site constitute our trade/service marks. You agree not to directly or indirectly: attempt to register, challenge or contest the validity or Silk Therapeutics’ ownership of, such copyrights or trademarks, or assist any third party in doing so. The Site may also include the product, service and company names, as well as logos, of third parties. Such third party designations are the trade/service marks of their respective owners, and may not be used without the prior written permission of their respective owners.

You may choose to create an account to access certain parts of the Site or to purchase products using the Site. You may choose a user name and password when you have completed the Account Information. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your account. You agree to be responsible for any losses incurred by Silk Therapeutics, any Silk Therapeutics affiliate, or another party due to someone else using your account and/or password either with or without your knowledge. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security.

If you create an account, you agree to provide true, accurate, current, and complete information about yourself with Silk Therapeutics or any vendor performing services related to this Site ("Account Information"). If you provide any information that is untrue, inaccurate, not current, or incomplete, or Silk Therapeutics has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Silk Therapeutics may suspend or terminate your account, reject any pending orders, and refuse any and all current and future use of the Site. Account information and certain other information about you is subject to our Privacy Policy when it is in our possession and may additionally be subject to a third party’s privacy policy as described more fully in Silk Therapeutics' Privacy Policy.

To the extent permitted by law, products available through the Site are offered for individual use only and are not offered for commercial use or resale purposes.

Grant of License

Silk Therapeutics grants you a personal, revocable, nonexclusive, nontransferable license to use this Site conditioned on your continued compliance with these Terms and Conditions. Limited portions of the Content available in the public areas of the Site may be accessed, printed and downloaded on an occasional basis for personal and non-commercial purposes; provided that all hard copies contain all copyright and other applicable proprietary rights notices included in such content and information and/or appropriate attribution to Silk Therapeutics in a form and manner acceptable to Silk Therapeutics. You may not use Content or any Silk Therapeutics names or trademarks in any manner that suggests the endorsement or association of any third party entity, person, product or service by Silk Therapeutics unless express written permission has been given by Silk Therapeutics in advance. You may not under any circumstances copy, print or download in any medium all or substantially all of the Content. You agree not to reproduce, duplicate, copy, sell, resell, use, access or exploit the Site or any information from the Site for any commercial purpose. You agree not to access the Site or Content by any automated means or to frame, aggregate, or scrape any Content, or to assist or request others to do so. You may not remove copyright notices or other notices of intellectual property rights from the Site or any content available on or through the Site.

Any unauthorized use of this Site or the Content will terminate the permission granted by these Terms and Conditions and may violate applicable laws and regulations, including copyright and trademark laws.

User Representations

You represent and warrant to Silk Therapeutics that you will not use this Site for any purpose that is unlawful or prohibited by these Terms and Conditions, including but not limited to attempting or actually (a) disrupting, impairing or otherwise interfering with the operation or integrity of the Site or circumventing any Site security system; (b) collecting any information about other users of the Site; or (c) systematically extracting Content or other information or data contained in the Site to populate databases or other sites for internal or external use. You further represent that you will not post, store, transmit, or otherwise use the Site in connection with any materials that may constitute or be comprised of any material that is unlawful or prohibited by these Terms and Conditions, including but not limited to materials that (a) impersonate any individual or business (including but not limited to Silk Therapeutics); (b) provide false or misleading personal information or email addresses, or impersonate any other person or entity; (c) harm minors in any way; (d) harass another person; (e) is unlawful, threatening, libelous, harassing, defamatory, vulgar, obscene, pornographic, profane, invasive of another’s privacy, hateful, or ethnically, racially, or otherwise objectionable; (e) infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any person; or (f) consists of unsolicited advertising, promotional materials, or other forms of solicitation to other users including, without limitation, "junk mail," "spam," "chain letters," or "pyramid schemes."

Silk Therapeutics' Rights

Silk Therapeutics may terminate your access, or suspend your access to all or part of the Site, without notice, for any conduct that Silk Therapeutics, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of Silk Therapeutics or any third party service provider.

Because customer service is paramount to Silk Therapeutics, Silk Therapeutics reserves the right to refuse to sell products to you if it reasonably appears to Silk Therapeutics that you intend to resell the products. In addition, Silk Therapeutics reserves the right to limit quantities of items purchased by each customer. In addition, Silk Therapeutics reserves the right to reject or cancel any order or part of an order, or refuse service to anyone for any lawful reason. Such reasons may include, but are not limited to, unauthorized coupon use, Site technical issues, lack of product availability, pricing errors, and shipment requested to a location that Silk Therapeutics may not be able to fulfill (such as PO boxes, APO addresses, certain states, and locations outside the United States).

Silk Therapeutics reserves the right to charge fees or extra shipping charges for any product that is backordered. The posting of prices on the Site is not an offer for sale of goods, and the order confirmation is not an acceptance of an offer to purchase goods. The contract for sale of goods between Silk Therapeutics and any customer is not entered into until Silk Therapeutics (or an authorized third party on Silk Therapeutics’ behalf) charges a valid credit card or otherwise accepts payment.

Silk Therapeutics makes reasonable efforts to provide accurate information about prices on the Site. Nevertheless, pricing errors may appear on the Site. Accordingly, Silk Therapeutics does not guarantee the prices set forth on the Site and reserves the right to cancel any order for an item that was based on a pricing error on the Site. If your order is cancelled due to a pricing error on the Site, Silk Therapeutics will notify you of the cancellation. Prices on the Site are subject to change without notice.

Privacy Policy

Please see Silk Therapeutics' Privacy Policy for a description of Silk Therapeutics' collection and use of personal information with respect to the Site. By using the Site, you consent to Silk Therapeutics' collection and use of personal information and non-personal information as outlined in Silk Therapeutics' Privacy Policy.

Contests

This Site may, from time to time, contain contests that offer prizes and/or require you to submit material or information about yourself. Each contest has its own rules, which you must read and agree to before you may enter.

Assumption of Risk

Your access and use of this Site and any other site on the internet, including the products, goods, materials, information, services, and any other resources contained in, offered, or provided in connection with them, is solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. Although Silk Therapeutics has endeavored to create a secure and reliable Site, the confidentiality of any communication or material transmitted to/from this Site over the internet cannot be guaranteed. Silk Therapeutics shall have no liability for interruptions or omissions in internet, network or hosting services. To the maximum extent permitted by law, you assume the sole and complete risk of using this Site.

Enforcing Security

Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution. For your protection and consistent with Silk Therapeutics' Privacy Policy, Silk Therapeutics reserves the right to view, monitor and record activity on the Site without further notice or further permission from you. Any information obtained by monitoring, reviewing or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on the Site. Silk Therapeutics will also comply with all court orders involving requests for such information.

Shipping

Silk Therapeutics ships product through the USPS, and occasionally other shipping carriers, to valid street addresses within the contiguous United States. At this time, Silk Therapeutics does not accept orders through this Site for shipment to:

APO addresses
Locations outside the United States
We aim to ship your order promptly upon receipt, but our shipping estimates are not a guarantee that your order will be shipped or delivered to you on a certain day or within a certain period of time. Shipping charges are based on the shipping option you select with your order. At times, when indicated at checkout or otherwise on the Site, you will not be charged for standard shipping.

Undeliverable Shipments

If a shipment is returned to Silk Therapeutics as undeliverable, we will refund the purchase price paid by you (reflecting any discounts, promotions, or coupons and including sales tax for the item returned). We will not refund any shipping fees paid for the undeliverable shipment. The refund will be issued in the form of payment used for the purchase.

Returns

Silk Therapeutics strives to fulfill your order correctly the first time, but occasionally mistakes do happen. Silk Therapeutics only accepts returns of products:

that are damaged or defective when you receive them, or that are not what you ordered ("incorrectly-shipped product"). You must notify Silk Therapeutics within 48 hours of receipt of damaged, defective, or incorrectly-shipped product in order to receive a replacement product. Otherwise Silk Therapeutics does not accept returns. Silk Therapeutics does not issue refunds except in the case of undeliverable shipments, as described above.

You must follow these steps to return damaged, defective, or incorrectly-shipped product and receive a replacement product:

Call 866-809-0367 to notify Silk Therapeutics within 48 hours of receipt of damaged, defective, or incorrectly-shipped product.
Silk Therapeutics will send you a return slip and a pre-paid shipping label to return the damaged, defective, or incorrectly-shipped product to Silk Therapeutics.
You must ship the damaged, defective, or incorrectly-shipped product back to Silk Therapeutics, unopened in its original packaging, within 14 days from the date you received the return slip and shipping label.
Once Silk Therapeutics has received the returned product and verified compliance with these Terms and Conditions, Silk Therapeutics will ship you replacement product.

Tax

Items purchased from the Site that are shipped to certain locations may be subject to tax at the applicable state and local rate. Silk Therapeutics may collect state or local tax for some transactions on this Site, including sales tax for orders from Massachusetts, but you remain responsible for any taxes that might be applicable to your transaction.

Risk of Loss

The risk of loss and title to products purchased on this Site passes to you upon Silk Therapeutics' delivery to the shipping carrier.

Links to Other Sites

Silk Therapeutics may describe, reference, or provide links, in its sole discretion, to other information or products or sites on the internet for your convenience in locating related information and services. Any descriptions of, references to, or links to other products, publications, or services do not imply endorsements of any kind, unless expressly stated by Silk Therapeutics. Any such information, products or sites have not necessarily been reviewed by Silk Therapeutics and are provided or maintained by third parties over which Silk Therapeutics exercises no control. In addition, to the extent that they were reviewed by Silk Therapeutics, Silk Therapeutics undertakes no responsibility for continually monitoring such sites; the material at a site when Silk Therapeutics viewed it may differ materially from when you do. Accordingly, Silk Therapeutics expressly disclaims any responsibility for the content, the accuracy of the information, and/or quality of products or services provided by or advertised on these third party sites.

You agree to remove any link from your website or any other internet location to the Site upon Silk Therapeutics’ request. Deep linking to internal pages of the Site is expressly prohibited.

Events Beyond Silk Therapeutics' Control

You expressly absolve and release Silk Therapeutics, its affiliates, related companies, and all of their respective officers, directors, employees, shareholders, legal representatives, attorneys, agents, successors and assigns, from any claim of harm resulting from a cause beyond its control including, but not limited to, the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or software failures, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorism, or governmental restrictions.

Disclaimers

ALL PRODUCTS, GOODS, MATERIALS, INFORMATION, SERVICES, AND OTHER RESOURCES SOLD, PROVIDED, OR MADE AVAILABLE THROUGH THIS SITE, INCLUDING ALL OF ITS CONTENT, ARE PROVIDED BY SILK THERAPEUTICS ON AN “AS IS” BASIS AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. SILK THERAPEUTICS MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, TO YOU OR ANY OTHER PERSON OR ENTITY AS TO THE ACCURACY, RESULTS, TIMELINESS, COMPLETENESS, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE SITE, ANY SITE CONTENT, OR ANY PRODUCTS, GOODS, MATERIALS, INFORMATION, SERVICES SOLD, PROVIDED, OR OTHERWISE MADE AVAILABLE THROUGH THIS SITE. NO INFORMATION CONVEYED (WHETHER ORALLY OR IN WRITING) BY SILK THERAPEUTICS, ITS AFFILIATES, RELATED COMPANIES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, LEGAL REPRESENTATIVES, ATTORNEYS, AGENTS, SUCCESSORS, OR ASSIGNS REGARDING ANY PRODUCTS, GOODS, MATERIALS, INFORMATION SERVICES, OR OTHER RESOURCES SOLD, PROVIDED, OR OTHERWISE MADE AVAILABLE THROUGH THIS SITE SHALL CREATE SUCH A WARRANTY. FURTHER, THE INFORMATION AVAILABLE ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. SILK THERAPEUTICS MAY MAKE MODIFICATIONS AND/OR CHANGES IN THIS SITE OR IN THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES DESCRIBED IN THIS SITE AT ANY TIME, FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE OF THIS SITE, THE CONTENT IT PROVIDES, AND ANY PRODUCTS, GOODS, MATERIALS, INFORMATION, SERVICES, OR OTHER RESOURCES SOLD, PROVIDED, OR OFFERED THROUGH THIS SITE.

TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL SILK THERAPEUTICS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR ANY KIND ARISING FROM YOUR ACCESS OR USE OF THIS SITE, THE CONTENT IT PROVIDES, OR ANY PRODUCTS, GOODS, MATERIALS, INFORMATION, SERVICES, OR OTHER RESOURCES SOLD, PROVIDED, OR OFFERED THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO, COMPENSATION, REIMBURSEMENT OR DAMAGES ON ACCOUNT OF THE LOSS OF PRESENT OR PROSPECTIVE PROFITS, EXPENDITURES, INVESTMENTS, OR COMMITMENTS, WHETHER MADE IN THE ESTABLISHMENT, DEVELOPMENT, OR MAINTENANCE OF BUSINESS REPUTATION OR GOODWILL, FOR LOSS OF DATA, COST OF SUBSTITUTE MATERIALS, PRODUCTS, SERVICES, OR INFORMATION, COST OF CAPITAL, AND THE CLAIMS OF ANY THIRD PARTY, OR FOR ANY OTHER REASON WHATSOEVER, EVEN IF SILK THERAPEUTICS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

TO THE EXTENT PERMITTED BY LAW, SILK THERAPEUTICS DISCLAIMS LIABILITY FOR ANY DAMAGES BASED ON YOUR ACCESS OR USE OF THE SITE, SITE CONTENT, AND ANY PRODUCTS, GOODS, MATERIALS, INFORMATION, SERVICES, OR OTHER RESOURCES SOLD, PROVIDED, OR OFFERED THROUGH THIS SITE. FURTHER, IF A THIRD PARTY OTHER THAN SILK THERAPEUTICS PROCESSES, FULFILLS, SHIPS, HANDLES, DISTRIBUTES, STORES, AND/OR OTHERWISE PROVIDES PRODUCTS, GOODS, MATERIALS, INFORMATION, SERVICES, OR OTHER RESOURCES SOLD, PROVIDED, OR OFFERED THROUGH THIS SITE, SILK THERAPEUTICS DISCLAIMS LIABILITY FOR ANY LOSSES OR DAMAGES BASED ON OR ARISING OUT OF SUCH THIRD PARTY’S PROCESSING, FULFILLMENT, SHIPPING, HANDLING, DISTRIBUTION, STORAGE, AND/OR PROVISION OF PRODUCTS, GOODS, MATERIALS, INFORMATION, SERVICES, OR OTHER RESOURCES.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR DIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

No Medical Advice

This Site does not provide medical advice. Silk Therapeutics is not engaged in rendering medical or similar professional services or advice, and the information provided on this Site is not intended to replace medical advice offered by a health care provider. Accordingly, information contained on this Site should not be used for diagnosing, treating, curing, mitigating, monitoring, or preventing any disease or condition relating to health or fitness. If you need or would like medical or similar professional services or advice, you should promptly consult a professional health care provider, such as a pharmacist, nurse, or physician. If you believe you are experiencing a medical crisis or emergency, please call 911 or contact your local emergency assistance service immediately.

Indemnity

You agree to indemnify and hold harmless Silk Therapeutics, its affiliates, related companies, and all of their respective officers, directors, employees, shareholders, legal representatives, attorneys, agents, successors and assigns, from and against any and all damages, liabilities, costs and expenses (including reasonable attorneys’ and professionals' fees and court costs) arising out of any third-party claims based on or related to your use of this Site or any breach by you of these Terms and Conditions.

Submissions

Silk Therapeutics welcomes your feedback and suggestions about how to improve this Site, as well as other submissions related to this Site and any products or services offered in connection with this Site. Any ideas, suggestions, information, know-how, material, or any other content (collectively, “Submissions”) received through this Site, or through other forms of communication such as mail or email, will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for Silk Therapeutics to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, display (in whole or part) worldwide, or act on such Submissions without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Submissions. You expressly acknowledge and agree that you waive any claim to the contrary. Silk Therapeutics may, but will not be obligated to, use and/or provide any attributions related to any Submissions.

Digital Millennium Copyright Act Notice Policy

Consistent with the Digital Millennium Copyright Act, if you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send an e-mail or written notice to our Designated Agent for notices of infringement and provide the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that you claim is infringed;
Identification of the copyrighted work(s) that you claim has been infringed;
A description of the material that you claim is infringing and the location of that material on the Site;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Designated Agent for notice for claims of copyright infringement is Silk Therapeutics, Inc., 196 Boston Ave., Suite 1100, Medford, MA 02155, 866-809-0367, or support@silktherapeutics.com.

NOTE: THE ABOVE CONTACT INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING SILK THERAPEUTICS THAT COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS AND SHOULD BE DIRECTED TO OUR CUSTOMER SERVICE AT 866-809-0367 or support@silktherapeutics.com.

Governing Law and Forum

By visiting this Site, you agree that the laws of the state of Massachusetts, without regard to principles of conflict of laws, will govern this Site, the Terms and Conditions, and any dispute that might arises between you and Silk Therapeutics. You agree to submit to the jurisdiction of the state and federal courts in Middlesex County, Massachusetts for the purpose of any judicial proceedings relating to or arising from these Terms and Conditions or the Site.

Dispute Resolution

You and Silk Therapeutics agree that the sole and exclusive forum for any dispute relating to these Terms and Conditions, or in any way to your access or use of the Site (excluding products liability disputes related to products sold through the Site, which shall be solely and exclusively subject to the governing law and forums set forth in the "Governing Law and Forum" section herein), shall be confidential, final and binding arbitration. Before resorting to this alternative, we strongly encourage you to first contact us directly to seek a resolution: 866-809-0367 or support@silktherapeutics.com.

Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association ("AAA"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with AAA rules and limitations. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration or claim involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise. In no event shall any claim, action or proceeding by you in any way related to the Site be instituted more than one (1) year after the cause of action arose.

Suspension or Termination

Silk Therapeutics reserves the right at any time and for any reason to deny you access to the Site or any portion thereof, and/or to terminate these Terms and Conditions.

Waiver

Failure to insist on specific performance of any of these Terms and Conditions will not operate as a waiver of any subsequent default or failure of performance. No waiver by Silk Therapeutics of any right under these Terms and Conditions will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.

Nature of Relationship and Severability

No joint venture, partnership, employment, agency, or other relationship exists between you and Silk Therapeutics as a result of these Terms and Conditions or your use of this Site. If any provision of these Terms and Conditions is held unenforceable by a court or tribunal of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms and Conditions shall continue in full force and effect.

Entire Agreement and Reservation of Rights

These Terms and Conditions and Silk Therapeutics' Privacy Policy represent the entire agreement between you and Silk Therapeutics with respect to your access to or use of any material available on or through the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Silk Therapeutics with respect to same. Any rights not expressly granted under these Terms and Conditions are reserved.

Silk Therapeutics, Inc. “March 2017 Instagram Renewing Peel” Sweepstakes Official Rules:

  1. PROMOTION PERIOD: The “March 2017 Instagram Renewing Peel” Sweepstakes (the “Sweepstakes”) begins on or about 6:00:01 p.m. Eastern Time (“ET”) on March 22, 2017 ("Start Date") and ends on or about 11:59:59 p.m. Pacific Time (“PT”) on March 23, 2017 (the “Promotion Period”). Participants can enter the sweepstakes during the promotion period. The sweepstakes is sponsored by Silk Therapeutics, Inc. 96 Boston Ave, Suite 1100, Medford, MA 02155 (the “Sponsor”). Per Instagram rules, we must mention this is in no way sponsored, administered, or associated with Instagram, Inc. The official clock for purposes of the Sweepstakes is the computer of the Sponsor.

  2. ENTRY: No purchase necessary to participate or win. A purchase will not improve one's chance of winning. Void where prohibited. All federal, state and local taxes apply. Entry will only be via Instragram. An individual will be deemed a Participant ("Participant") in the sweepstakes if they have access to the internet, a valid Instagram account, and enter the sweepstakes by visiting the "Silk Therapeutics" Instagram page “skincarebysilk” at https://www.instagram.com/skincarebysilk (“Website”). Participants will need to post a comment related to ingredients of an exfoliating product and tag a friend in comments by following the instructions posted therein. The Instagram account of the tagged friend must be valid. Multiple entries per person allowed, but maximum one prize per person. All entries must be received by 11:59:59 p.m. PT on March 23, 2017. Internet entries must be made by the Entrant only through Instagram. Entries made by any other individual or any entity, and/or originating at any other website or e-mail address, including, but not limited to, commercial sweepstakes/contest subscription notification and/or entering service sites, will be declared invalid and disqualified for this sweepstakes. Sponsor reserves the right, in its sole discretion, to void any and all entries of a Participant that submits more than the stated maximum limit of entries by using multiple / different addresses, identities, or any other methods, or who Sponsor believes has attempted to tamper with, influence or impair the administration, security, fairness, or proper play of this Sweepstakes. Proof of entering information is not considered proof of delivery to or receipt by Sponsor of an entry. The use of automated entry devices is prohibited and no mechanically reproduced entries are allowed; all such entries are void. Only one prize per person, household, email address and/or username will be allowed. All entries must be received within the time period stated by Sponsor during the Promotion’s offer to be eligible to win a prize. Late and/or subsequent entries per person, per household per email address and/or username will be disqualified. Sponsor is not responsible for failure to receive an entry for any reason including but not limited to submission and/or transmission failures, technical malfunctions and/or other conditions beyond its reasonable control. All entries become the property of Sponsor and will not be acknowledged or returned. By entering, entrants confirm they are 13+ years of age, release Instagram of responsibility, and agree to Instagram’s term of use.

  3. ELIGIBILITY: To participate, you must be a legal US resident. Employees and contractors of Silk Therapeutics, Inc. and its sponsors and advertising agencies, and members of the immediate family of any such persons are not eligible to participate and/or win. The term “immediate family” includes spouses, domestic partners, siblings, parents, children, grandparents, grandchildren, or other family extension, and any other persons residing at the same household whether or not related.

  4. WINNER SELECTION:

(a) Winners will be chosen in a random drawing conducted by Sponsor.

(b) Winners will be notified by 11:59:59 PT on March 24 by a direct message via Instagram. If a winner does not respond to such notification within five (5) business days and/or with full contact details (name, valid email address) and delivery address within contiguous United States for the prize to be delivered by mail and/or does not meet the stated eligibility requirements, such winner will be disqualified and Silk Therapeutics, Inc. reserves the right to randomly select an alternate winner from the remaining eligible entries received for the applicable Promotion.

  1. PRIZES: There will be three (3) total Prize Winners (for Sweepstakes). Each Prize Winner will receive one 30 ml Renewing Peel. The Approximate Retail Value ("ARV") of each Prize is $70. Prizes may not be substituted, transferred or assigned except at Sponsor’s sole discretion. Prize includes only what is specified in the prize description.

  2. LIMITATION ON LIABILITY: All Participants, as a condition of participation in this Sweepstakes, agree to indemnify, release and hold harmless Sponsor, Instagram, and Released Parties from and against any and all liability, claims, damages, injuries or actions of any kind whatsoever for injuries, damages, or losses to persons or property, which may be sustained in connection with: (a) accessing the Sponsor's Website; (b) participating in any aspect of the Sweepstakes, including, without limitation, while preparing for, participating in and/or traveling to or from any prize or Sweepstakes-related activity, including, without limitation, any injury, damage, death, loss or accident to person or property; (c) the receipt, ownership, possession, use or misuse of any prize awarded; (d) viruses or any downloading or other problems with the Sweepstakes submission, or; (e) any typographical or other error in these Official Rules or the announcement of offering of any prize. Sponsor makes no representations or warranties of any kind concerning the appearance, safety or performance of any prize, except for any express manufacturer's warranty as may be included with the prize. Prize winners bears all risk of loss or damage to his/her respective prize after it has been delivered.

  3. GENERAL CONDITIONS: Illegible, unintelligible or incomplete entries or responses will be disqualified. The Released Parties are not responsible for any late, or misdirected entries. The Released Parties are not responsible for technical, network, electronic, computer, hardware or software failures of any kind, including any injury or damage to entrant's or any other person's computer related to or resulting from participating in or downloading any materials related to any Promotion. The Released Parties are not responsible for incomplete, garbled or delayed Internet/e-mail computer entries or for any malfunction or technical errors occurring on any Social Media Site (Website) on which a Promotion is conducted. In the event that technical or other circumstances compromise a Promotion, Sponsor reserves the right to cancel, modify or terminate the Promotion, and/or to select winners for prizes from all eligible entries received prior to the cancellation. The Released Parties are not responsible for typographical errors in the Promotion, any Social Media Site or these rules.

  4. MODIFICATION: In no event will Prize Supplier be obligated to award more prizes than the number of prizes stated in these Official Rules. If for any reason Sponsor and Prize Supplier determine, in their sole discretion, that the Sweepstakes is no longer capable of running as intended by these Official Rules for any reason whatsoever, Sponsor reserves the right to terminate, suspend, postpone, delay or modify the Sweepstakes, in whole or in part, including, but not limited to, any occurrences described in Rule No. 7 above, or any other causes, which may corrupt or impair the integrity, security, fairness or proper conduct of the Sweepstakes. If Sponsor determines that more prize claims are submitted or more prize notices are distributed than the number of prizes offered in these Official Rules, Sponsor shall immediately suspend the Sweepstakes and prize awards, and Sponsor reserves the right to award any remaining prizes (up to the total set forth in these Official Rules) in a manner deemed fair and equitable by Sponsor. For example, Sponsor may select a weekly winner(s) in a random drawing from among the eligible entries received up to the time of the impairment or conduct a random drawing among all legitimate prize claimants, and neither Sponsor, the Administrator nor any of the Released Parties shall have any further liability to any entrant in connection with the Sweepstakes.

  5. CLAIMS/CHOICE OF LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant in connection with any Promotion, shall be governed by, and construed in accordance with, the laws of the State of Massachusetts, without regard for conflicts of law doctrine, and all proceedings shall take place in the State of Massachusetts. All participants who enter a Promotion agree to submit to the exclusive jurisdiction of the courts of the State of Massachusetts and agree to waive the right to a jury trial with respect to any claim or dispute with regard to any aspect of any Promotion or these Official Rules. Any and all claims, judgments and awards in connection with a Promotion shall be limited to actual out-of-pocket costs incurred in connection with such Promotion, but in no event attorneys fees; and under no circumstances will an entrant be permitted to obtain awards for and entrants hereby waive all rights to claim punitive, incidental and consequential damages and any other damages, other than actual out-of-pocket expenses and any and hereby waives all rights to have damages multiplied or otherwise increased.

  6. PUBLICITY/RELEASE: Except where prohibited by law or regulation, by entering and/or accepting a prize you grant Silk Therapeutics, Inc. permission to use your name, username/online alias, likeness, and statements for any purpose in reference to a Promotion without additional compensation, consideration or consent. Sponsor’s use of all information collected from participants will be in accordance with its privacy policy. Sponsor reserves the right to use any Response or Submission in all print and electronic media, and to edit any Response or Submission for brevity and clarity.

 

 

 

 

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skincarebysilk We've had a great experience working with @octoly to pre-release some of the Limited Edition products launching next week via our new LabGrab program. LabGrab has been a long time in the making. And it's a special kind of thrill to watch the devoted #skincarecommunity