Welcome to GUMbrand.com, the website of Sunstar Americas Inc. Sunstar Americas, Inc. is a proud member of the globally trusted Sunstar Group of companies and manufacturer of the innovative dental care products marketed under the Butler? and GUM? brands. GUMbrand.com is a leading brand of dental products. The Site is designed to provide a convenient, private and informative shopping experience for consumers to purchase products essential to dental health. Accessible 24 hours a day, 7 days a week, the GUMbrand.com online store offers a larger selection of our products than typical store-based retailers. GUMbrand.com and its subsidiaries, affiliates, and fulfillment partners ("we," "us," "our") want each visitor to the Site ("you") to have a safe, pleasurable visit, so we have established the following terms and conditions so that we (we and you) know what to expect from each other. By using the Site you agree to be bound by the terms set forth herein. We may make changes to the Site, these Terms of Use, or the policies and conditions that govern the use of the Site at any time. We encourage you to review the Site and these terms periodically for any updates or changes. Your continued access or use of the Site shall be deemed your acceptance of these changes and the reasonableness of these standards for notice of changes.
PRIVACY
Please review our Privacy Policy, which also governs your visit to the Site, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail 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.
TRADEMARKS
GUMbrand.com, Sunstar Americas, Inc., Sunstar, GUM?, Butler? and the following are our trademarks and service marks:
Activital
ButlerWeave
Canker-X
Clear Dip
Critters
Dome Trim
Eez-Thru
Expanding
Flosbrush
Go-Betweens
Healthy Gums, Healthy Life
Micro Tip
PerioBalance
Pipsqueaks
Postcare
Protect
Proxabrush
Quad-Grip
Razzle Dazzle
Red Cote
Right-Kind
Sea Friends
Soft-Picks
Sub-G
Super Tip
Technique
PerioShield
All other trademarks, product names, and company names and logos appearing on the Site are the property of their respective owners.
YOUR ACCOUNT OBLIGATIONS
In consideration of your use of the Site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the checkout form for your account information (the "Account Information") and (b) maintain and promptly update the Account Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account 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.
YOUR CONDUCT
Any conduct by you that in our sole discretion restricts or inhibits any other user from using or enjoying the Site will not be permitted. You agree to use the Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site.
You agree not to access the Site by any means other than through the interface that is provided by us for use in accessing the Site.
SWEEPSTAKES AND CONTESTS
NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. MUST BE LEGAL RESIDENT OF THE 50 UNITED STATES AND DISTRICT OF COLUMBIA, 18 YEARS AND OLDER. VOID WHERE PROHIBITED. Sweepstakes ends 08/31/11. Sponsor: Sunstar, 4635 W. Foster Avenue, Chicago, IL 60630.
Official Rules
Gum? Grand Opening $1000 Sweepstakes Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. A Purchase will not increase your chances of winning. Sweepstakes ("Sweepstakes") is only open to legal residents of the United States and the District of Columbia, 18 years or older, except employees of Sunstar, (the "Sponsor"), Carnival Cruise Lines (“Carnival”) and their respective officers, directors, employees, agents, parents, subsidiaries, franchisees, advertising or promotion agencies, affiliated entities, immediate families or household members. Void wherever prohibited or restricted by law. Sweepstakes is subject to all federal, state and local laws and regulations and shall be governed by Illinois law. By entering the Sweepstakes, entrants: (i) agree to accept and be bound by all terms of these Official Rules and Regulations, and (ii) agree that Illinois courts have jurisdiction over any dispute or litigation arising from or relating to the Sweepstakes and that venue shall only be Chicago, Illinois.
HOW TO ENTER: Promotion begins on 12:00 a.m. (CT) on June 30th, 2011 until 11:59 p.m. (CT) on August 31s, 2011 (the "Promotional Period"). To enter, participants must log at http://us-professional.gumbrand.com/ and click on the "Grand Opening" sweepstakes link to enter, and complete and submit online the entry form during the Promotional Period according to the onscreen instructions, including their name, address, daytime telephone number, email address and date of birth (individually, an "Entry" and collectively, the "Entries"). To be eligible, all Entries must be received by 11:59 p.m. (CT) on August 31st, 2011 Each Entry must be submitted in the name of an individual person and prizes will only be awarded to the person whose name is on the winning Entry, regardless of e-mail account ownership or other circumstances. Limit one (1) Entry per person or e-mail address.
All duplicate Entries shall be deemed void. All Entries will become the property of Sponsor and will not be acknowledged or returned. No mechanical reproductions, mailed Entries, facsimiles, mass submissions, or submissions generated by a script or macro will be accepted by Sponsor and all such Entries will be deemed void. Use of bots or other automated processes to enter is prohibited and may result in disqualification at the sole discretion of Sponsor. Sponsor is not responsible for misdirected, inaccurate, incomplete, lost, late, delayed, undelivered, damaged or illegible Entries, and all such Entries will be deemed void. Sponsor is also not responsible for technical, hardware, or software failures of any kind, or other errors or problems which may occur in connection with or relating to the Sweepstakes, whether computer, network, technical, mechanical, typographical, human or otherwise, including, without limitation, errors or problems which may occur in connection with the administration of the Sweepstakes, the processing of Entries, the announcement of the prizes, in any Sweepstakes-related materials or that may limit prize fulfillment or a participant's ability to enter the Sweepstakes. Sponsor reserves the right, in its sole discretion, to cancel, modify or prematurely conclude the Sweepstakes should any computer virus, malfunction, fraud, tampering, unauthorized intervention or other cause beyond their control corrupt the administration, security or proper operation of the Sweepstakes. False or deceptive Entries or acts will render the participant ineligible and Sponsor reserves the right to disqualify any participant who attempts to undermine the legitimate operation of the Sweepstakes by tampering with any Website mechanism, acting in a disruptive manner or violating these Official Rules. Any attempt by an individual to deliberately damage or undermine the legitimate operation of the Sweepstakes may be in violation of criminal and civil laws. Should such an attempt be made, Sponsor reserves the right to seek remedies and damages (including attorneys' fees) from any such participant to the fullest extent of the law, including criminal prosecution.
HOW TO WIN: One (1) grand prize winner (the "Winner") will be randomly chosen by a representative of Sponsor on or around September 1st, 2011 from all eligible Entries received throughout the Promotional Period. The decisions of the Sponsor will be final and binding on all participants in all matters related to the Sweepstakes. The odds of winning will depend on the total number of eligible Entries received throughout the Promotional Period. Winner will be notified by Sponsor via either email, and/or telephone provided. Winner must reply within fourteen (14) days of notification either via fax, email or by calling the phone number provided upon prize notification, or else an alternate winner will be selected. In the event that the Sweepstakes is canceled or ended prematurely due to the reasons set forth in paragraph 2, above, the Winner shall be randomly chosen by a representative of Sponsor from all eligible Entries received as of the time of the impairment.
PRIZES: One Winner will receive a prize of $1000.00 U.S. Dollars, as selected by Sponsor in its sole discretion, at an approximate market value ("AMV") of One Thousand U.S. Dollars ($1000.00). No substitutions, partial acceptance, transfer of prizes or cash redemptions permitted by Winner. Sponsor reserves the right to substitute a prize of equal or comparable value in the event a described prize or any portion thereof is unavailable for any reason whatsoever. Certain restrictions may apply and no refunds or credit for changes are allowed. Winner is solely responsible for the reporting and payment of all federal, state and local taxes incurred by acceptance and use of the prize (or any portion thereof), if applicable. All prize details are at Sponsor's discretion.
GENERAL RULES AND REGULATIONS: By entering this Sweepstakes, entrants: (i) agree to be bound by the decisions of Sponsor which are final and binding in all matters, (ii) grant Sponsor, and their designees the right, unless prohibited by law, to use their names, cities and states of residence, voices, pictures, biographical information and likenesses, without compensation, notification or permission, for the purpose of advertising and publicity in any and all manner or media, now or hereafter known, throughout the world in perpetuity. By providing your e-mail address, you grant Sponsor the right to send you commercial messages and share your address with others, unless specified otherwise as indicated on the entry form.In order to claim the prize, Winner (i) must meet all eligibility requirements, (ii) may be required to produce proof of identity, address and birth date, and (iii) must execute and return certain winner documents (as applicable), including an affidavit of eligibility, tax acknowledgment form, liability release and, except where prohibited by law, use of name and likeness releases. Such documents must be completed in full and returned within ten (10) days of issuance either via facsimile or US registered mail. Failure to do so or if: (i) any prize or prize notification is returned as undeliverable, (ii) Winner declines his or her prize, or (iii) a potential Winner is determined to be ineligible for any reason, will result in disqualification of such Winner and an alternate winner may be selected by random drawing at the Sponsor's sole discretion. Sponsor will use reasonable efforts to pick an alternate winner but in the event an alternate winner cannot be determined, the prize will not be awarded.
Sponsor, and their respective officers, directors, agents, employees, parents, subsidiaries, franchisees, advertising or promotion agencies, prize providers and affiliated entities expressly disclaim any responsibility and participants agree to hold Sponsor, and their respective officers, directors, employees, agents, parents, subsidiaries, franchisees, advertising or promotion agencies and affiliated entities harmless from liability for any injury, disability or loss to any person or property (including death) relating to participation in this Sweepstakes (including the manner in which the Winner is selected and confirmed), the delivery and/or subsequent acceptance, use or misuse of any of the prizes or services awarded and claims based on publicity rights, defamation or invasion of privacy. Neither Sponsor, nor their officers, directors, agents, employees, parents, subsidiaries, franchisees, advertising or promotion agencies, prize providers and affiliated entities are responsible for: (i) any loss (financial or otherwise), liability, injury (including death) or damage to persons or property which may be caused directly or indirectly, in whole or in part, by the use or misuse of any prize items provided, or (ii) any loss (financial or otherwise), injury or damage to persons or property which may be caused directly or indirectly, in whole or in part, from downloading any material from the Website, regardless of whether the material was prepared by Sponsor or a third party, and regardless of whether the material is connected to the Website by a hypertext link. Sponsor, and their respective officers, directors, agents, employees, parents, subsidiaries, franchisees, advertising or promotion agencies, prize providers and affiliated entities further assume no liability either for the cancellation, modification or premature conclusion of the Sweepstakes for any reason or through the acts or defaults of any company or person providing any prize. All such losses or expenses must be borne by the affected participants and/or Winner.
OFFICIAL RULES AND/OR WINNER'S LIST REQUESTS: For Winner's List, send a self-addressed, stamped envelope to the following address after September 30th, 2011 to Sunstar Americas, Inc., 4635 W. Foster Avenue, Chicago, IL 60630.
SPONSOR: The Sponsor of this sweepstakes is Sunstar Americas, Inc., 4635 W. Foster Avenue, Chicago, IL 60630.
? 2011 GUM Brands, Inc. All Rights Reserved.
SITE CONTENT
You acknowledge that the Site contains information, data, software, photographs, graphics, videos, text, images, typefaces, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and we own a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal, information and non-commercial use and that you do not alter or modify the Content in any way, and maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see e.g. 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software, if any.
COLOR/PRODUCT DESCRIPTION
We have made every effort to display as accurately as possible the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate. We have attempted to be as accurate as possible. However, we do not warrant that the product descriptions are accurate, complete, reliable, current, or error-free. If a product offered by the Site is not as described, your sole remedy is to return it in unused condition.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (i) THE USE OF OR INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify and hold us, and our subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Site, your use of the Site, your connection to the Site, your violation of the Terms of Use, or your violation of any rights of another.
EXPORT
The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations – including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from the Site to either a foreign national or a foreign destination in violation of such laws.
OUR RIGHTS
We may elect to monitor areas of the Site by electronic or other means and may disclose any Content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect our rights or property or the rights of the users, Sponsors, Providers, Licensors, or Merchants. We are not responsible for screening, policing, editing, or monitoring such Content. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content, we may investigate the allegation and determine in our sole discretion whether to remove or to request the removal of such Content from the Site.
We may terminate your access, or suspend your access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party Provider, Merchant, Sponsor, Licensor, service provider, or us.
Because customer service is paramount to our business, we reserve the right to refuse to sell products to you if it reasonably appears to us that you intend to resell the products. In addition, we reserve the right to limit quantities of items purchased by each customer. In addition, we reserve the right to cancel any order or part of an order, or refuse service to anyone for any reason. Such reasons may include, but are not limited to, unauthorized coupon use, product availability, price discrepancy or pricing error. We reserve the right to charge fees or extra shipping charges for any product that is backordered. We also reserve the right to change the terms of any offer or promotion at any time without notice. The posting of prices on our site is not an offer for sale of goods, and the order confirmation is not an acceptance of an offer to purchase goods. We cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. The contract for sale of goods between us and any customer is not entered into until we charge a valid credit card or otherwise accept payment.
LINKS TO THIRD PARTY SITES
Occasionally, we may make available a link to a third party's web site. These links will let you leave the Site. The linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. We are not responsible for webcasting or any other form of transmission received from any linked site. We provide the links to you only as a convenience. We do not endorse the site or its use or contents.
SUBMISSIONS
We are pleased to hear from our customers and welcome your comments regarding our products and the Site. You may post or submit reviews of products or services, comments, suggestions, or other material ("Submissions") as long as the content of your Submission is not unlawful, threatening, abusive, spiteful, defamatory, invasive of privacy, obscene, profane, sexually explicit, fraudulent or otherwise objectionable or injurious to third parties (including, but not limited to, any content that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate applicable law). While you may omit your name from or use a "nickname" in your Submission, you may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your Submission. GUMbrand.com reserves the right (but not the obligation) to monitor, edit and remove any Submission but does not regularly review posted Submissions.
By posting or sending us any Submission, you grant us a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Submission throughout the world in any media.
By posting or sending us a Submission, you represent and warrant that you own or otherwise control all of the rights to the content in your Submission, that the content you provide is accurate, and that use of the content in your Submission does not violate this policy and will not cause injury to any person or entity. You agree to indemnify us against all claims and liabilities resulting from your Submission. We do not take any responsibility and assumes no liability for any Submission posted by you or any other person or entity.
APPLICABLE LAW
We control the Site from our offices within the United States of America. We make no representation that the Content in the Site is appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations. Any claim relating to the Site, the services provided through the Site or the Content shall be governed by the internal laws of the state of Washington, without reference to its choice of law provisions. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Cook County, Chicago, Illinois, U.S.A.
TERMINATION
These terms are effective until terminated by either party. If you no longer agree to be bound by the Terms of Use, you must cease your use of the Site. Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site with or without notice. You agree that any termination of your access to the Site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the Site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Site.
GENERAL INFORMATION
These Terms of Use constitute the entire agreement between us (you and us) and govern the use of the Site. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms of Use must be filed within one year after such claim or cause of action arose or be forever barred.
The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.
COPYRIGHT COMPLAINTS
We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent the following information:
1.an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2.a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
3.identification of the URL or other specific location on the Site where the material that you claim is infringing is located;
4.your address, telephone number, and email address;
5.a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6.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 agent for notice of claims of copyright infringement on the Site can be reached as follows:
By mail:
Legal Dept.
Sunstar Americas, Inc.
4635 W. Foster Ave.
Chicago, IL 60630
By phone:
1-888-777-3101 (Consumer Inquiries)
Phone: 1-800-528-8537 (Professional Inquiries)
By email: web_support@us.sunstar.com
COPYRIGHT NOTICE COPYRIGHT NOTICE. Copyright? 1999-2010 gumbrand.com 4635 W. Foster Ave. , Chicago, IL 60630, U.S.A. All rights reserved. Any rights not expressly granted herein are reserved.