Terms and Conditions

TERMS OF USE: 


General: H. Best LTD. ("2(X)IST" or collectively, "us," "we" or "our"), operate this website (the "Site") under license from The Moret Group. 2XIST.COM is operated independently from The Moret Group, its parents and affiliates. This document sets forth the terms and conditions of use ("Terms and Conditions") of this Site, and incorporates herein by reference our Privacy Policy. We encourage you to read these Terms and Conditions carefully and to contact us if you have any questions. Also, because it may be necessary for us to make changes to the Terms and Conditions from time to time, you should review the Terms and Conditions regularly. By visiting and using the Site after we have posted changes, you agree to follow and comply with the changes. 

In addition, please note that your use of certain services on the Site may be governed by rules that are not specifically set forth in these Terms and Conditions. These rules will be made available to you on the page or pages associated with these services. By using our Site and any of these services, you acknowledge that you have reviewed all corresponding rules and agree to be bound by them. 

Linking and Third Party Sites: Our Site contains links to other web sites. If you link to another web site from our Site, you will leave our Site and these Terms and Conditions will not apply. Please make sure that you read and are familiar with the legal notices posted on any web site linked to our site including all privacy policies. The links on our Site should not necessarily be construed as an endorsement of the associated sites or any content displayed at the sites. We cannot and shall not have any responsibility or liability for your visit to and use of these other web sites. 

Sweepstakes and Contests: From time to time, we may offer and/or co-sponsor contests, sweepstakes, and games on the Site. Each of these activities shall be governed by specific rules accessible from the pages of the Site offering the promotion. 

Submissions; Site Conduct: From time to time, you may have the opportunity to post, transmit or otherwise make available information, opinions, ideas, images or other content on the Site. 

By posting, transmitting or sending us any material or content, you agree to grant to us an irrevocable, royalty-free, perpetual, sub-licensable, assignable, non-exclusive right and license throughout the world to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, digitally perform, publicly perform and display the material or content and/or incorporate the material or content in other works in any form, media or technology now known or later developed, for any purpose whatsoever, commercial or otherwise, without either (i) compensation to you or (ii) your prior approval. 

By submitting or sending content or material to the Site you also represent and warrant that (i) the content and material is original to you, (ii) no other party has any rights to the content or material, (iii) the content and material is not subject to any obligation of confidentiality, attribution or otherwise and that we shall not be liable for any use or disclosure of the content or material and (iv) any so-called "moral rights" associated with the content or material have been waived. 

You may not post or transmit or send to us any material or content that (i) violates or infringes in any way upon the rights of others or which is otherwise unlawful, threatening, abusive, harassing, defamatory, libelous, derogatory, obscene, bigoted or hateful; (ii) contains viruses, worms, time bombs, Trojan horses, or other harmful or disruptive components; (iii) is or could be construed to be spam mail or any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents. In addition, you may not engage in any activity on the Site that restricts or inhibits any other user from using or enjoying the Site by means of "hacking," "cracking," "spoofing," or defacing any portion of the Site. 

We do not assume any obligation to review the accuracy, completeness, truthfulness or content of any information submitted to the Site. Notwithstanding, we shall have the right in our sole discretion to edit, refuse to post or to remove any material submitted to or posted on our Site that we find to be in violation of these Terms and Conditions or that we otherwise find objectionable or inappropriate for any reason in our sole discretion. 

You shall be solely responsible and liable for any and all damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any uploading, posting or submission of your content on the Site. 

Copyright and Trademarks: Our Site and the contents of the Site are intended for your personal, noncommercial use. 

The Moret Group and some third parties are the owner of (or have the right to use) trademarks, trade names and trade dress appearing on the Site. The 2(X)IST mark and all other trademarks, trade names and trade dress appearing on the Site may not be used without obtaining written consent from The Moret Group or the owner thereof. 

The Site contains copyrighted material, including, without limitation, text, software, photos, audio and video clips, graphics, illustrations, images, logos, and music and sound. This Site is protected by copyright as a collective work, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The Moret Group and third party content providers also own (or have the right to use) copyrights in the content original to them. 

You may not reproduce, publish, adapt, transmit, participate in the transfer or sale, exhibit, distribute, display, reverse engineer, decompile, dissemble, perform, create derivative works from, or in any way exploit any of the content on the Site, in whole or in part, without our prior written consent. 

Disclaimer of Warranty; Limitation of Liability: YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND THE RELATED SERVICES ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION UNDER LAW. 

YOU SPECIFICALLY ACKNOWLEDGE THAT DJM INTERNATIONAL, LLC, SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, ADVERTISERS, SPONSORS, THIRD PARTY SERVICE PROVIDERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS, SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR INJURY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR OUT OF THE BREACH OF ANY WARRANTY, OR CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO AND/OR ALTERATION OF THE SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION EVEN IF WE OR SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DJM INTERNATIONAL, LLC. NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE SITE, NOR FOR ANY OFFENSIVE, DEFAMATORY, OR OBSCENE POSTING MADE ON THE SITE BY ANYONE. UNDER NO CIRCUMSTANCES WILL DJM INTERNATIONAL, LLC. BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT AND/OR ANY POSTINGS ON THE SITE. 

Indemnification: You agree to defend, indemnify, and hold harmless DJM International, LLC., its affiliates and related companies, and their respective directors, officers, employees, owners, licensors, licensees, and agents from and against all claims, damages, losses, costs and expenses, including reasonable attorneys' fees, arising from your use of the Site, any services related to the Site or any linked site. 

Miscellaneous: These Terms and Conditions and any operating rules for the Site established by us constitute ours and your entire understanding with respect to the use of the Site. We control and/or operate the Site from offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms and Conditions shall be construed in accordance with the laws of the State of New York, without regard to its conflict of laws rules. You agree to personal jurisdiction by the federal and state courts located in New York County, New York State. No waiver by use of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. 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 must be filed within one (1) year after such claim or cause of action arose or be forever barred. If any provision of these Terms and Conditions is found to be unenforceable for any reason, than that provision shall be deemed severable from the Policy and shall not affect the validity and enforceability of any remaining provisions. 

 

2(X)IST Summer Sweepstakes Official Rules

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

By entering this Sweepstakes, I accept the terms and conditions set forth in these Official Rules. I confirm I am at least 18 years old and have reached the age of majority in my jurisdiction of residence at the time of opt-in (19 in Alabama and Nebraska; 21 in Mississippi). By entering the sweepstakes, I agree to sign up to receive newsletters and special offers from H. Best, Ltd., and 2(X)IST (collectively, the “Company”). The Company has provided prizes to the Sweepstakes, is sponsoring the sweepstakes and responsible for operating the Sweepstakes. No Purchase Necessary. A Purchase Will Not Increase Your Chances of Winning. The Sweepstakes is subject to federal, state, municipal, and local laws and regulations and is void where prohibited.

Eligibility: The “Sweepstakes” is open to anyone who is at least eighteen (18) years of age and has reached the age of majority in their jurisdiction of residence at the time of opt-in (19 in Alabama and Nebraska; 21 in Mississippi) and lives within the continental United States and has a valid email address. Employees, independent contractors, interns, officers, directors, and agents of Sponsor and the associated companies are not eligible to enter.

Sponsor: The Sweepstakes is sponsored by H. Best, Ltd., at 1411 Broadway, New York, NY, 10018.

Agreement to Official Rules: By entering the Sweepstakes, you indicate your full and unconditional agreement to, and acceptance of, (a) these Official Rules and (b) Sponsor’s decisions, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein.

Entry Period: The Sweepstakes begins at 12:00am EST on 6/19/2023 Entries submitted before or after the Entry Period will not be eligible. Sponsor’s computer is the official timekeeping device for the Sweepstakes. The Sweepstakes will end on 7/10/2023 at 12:00am EST.

How to Enter: At the beginning of the Entry Period, you may enter the Sweepstakes by visiting the sweepstakes site https://2xist.com/pages/summer-23-sweepstakes and completing the Sweepstakes entry form. There is a limit of one (1) entry per person/email address. The use of an agency or any automated system to enter is strictly prohibited and Sponsor reserves the right to disqualify any entries received through such methods, as determined by Sponsor, in its sole discretion.     

By entering the Sweepstakes in accordance with the entry process described above, you will be registering to receive email communication from H. Best, Ltd. and 2(X)IST and agreeing that your registration and any other information collected in connection with the Sweepstakes may be used by H. Best, Ltd. and 2(X)IST in accordance with their Privacy Policy, a current copy of which can be found here https://2xist.com/pages/privacy-policy

Drawing: Once the Entry Period closes, on or about 7 business days after, Sponsor will select 1 potential winner in a random drawing of all entries received. The odds of being selected depend on the number of entries received.

Notification and Requirements of Potential Winners: Sponsor will attempt to notify the potential winner within five (5) business days of the drawing by email. If a potential winner does not respond within seven (7) calendar days after the notice is sent, the Sponsor will select an alternate potential winner in his/her place at random from all remaining entries received. Only three (3) alternate potential winners will be contacted. Except where prohibited, a potential winner may be required to complete and return an affidavit of eligibility and liability/publicity release. If a potential winner fails to sign and return these documents within the required time period, an alternate potential winner may be selected in his/her place in a random drawing of all remaining entries received. Only three (3) alternate potential winners may be contacted.

Prize(s): One (1) grand prize will be awarded, and one (1) winner will be chosen.

Description of Prizes: Grand Prize (total value of $2,000).

  • $1,000 in Merchandise Value to 2xist.com and $1,000 Amex Gift Card or similar


The awarded $1000 worth of merchandise will be provided in the form of a redeemable e-gift card that can only be used on 2xist.com. Said e-gift card cannot be combined with any other active promotions or offers applicable at the time of purchase, and it is the responsibility of the winner to keep the respective e-gift card number safe, as it will not be replaced if lost or stolen. Within 30 days of confirmed acknowledgment of winning, an Amex Gift card or similar worth $1000 will be mailed or emailed to the winner, to be determined. The prize is not transferable, and tax and shipping charges may be excluded at time of checkout on 2xist.com. 2(X)IST reserves the discretion to prolong the aforementioned timeframe but will not exceed 90 days from the close of the entry period.

General Conditions: In the event that the operation, security, or administration of the Sweepstakes is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, Sponsor may, in its sole discretion, either: (a) suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; or (b) award the prize(s) at random from among the eligible entries received up to the time of the impairment. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Failure by Sponsor to enforce any term of these Official Rules shall not constitute a waiver of that provision. Proof of sending any communication to Sponsor by mail shall not be deemed proof of receipt of that communication by Sponsor. In the event of a dispute as to any online entry, the authorized account holder of the email address used to enter will be deemed to be the participant. The “authorized account holder” is the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address.

Release and Limitations of Liability: By participating in the Sweepstakes, you agree to release and hold harmless Sponsor, its parent, subsidiaries, affiliates, the prize providers and each of their respective officers, directors, employees, and agents (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Sweepstakes; (b) technical errors related to computers, servers, providers, or telephone, or network lines; (c) printing errors; (d) lost, late, postage due, misdirected, or undeliverable mail; (e) errors in the administration of the Sweepstakes or the processing of entries; or (f) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use of any prize. You further agree that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Released Parties be liable for attorney’s fees. You waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.

Privacy and Use of Information Submitted; Publicity: Any information you submit as part of the Sweepstakes will be used for purposes of this Sweepstakes and treated in accordance with Sponsor’s Privacy Policy as otherwise set forth in these Official Rules. Except where prohibited, participation in the Sweepstakes constitutes an entrant’s consent to Sponsor’s use of his/her name, likeness, voice, opinions, biographical information, and state of residence for promotional purposes in any media without further payment or consideration.

Use of Entrant Information: By entering the Sweepstakes, you acknowledge and agree that Sponsor/Company will use Entrant’s information, including, without limitation, your e-mail address, for general solicitation, marketing, or other business or promotional activities in connection with the services and products provided by Sponsor or the participating companies. You may at any time revoke the use of such information by providing written notice to Sponsor and each other participating company using the following addresses or by responding to a marketing email using the unsubscribe link provided in the email. Please note that you opt-out preference will apply to marketing communication and may not apply to transactional communication including those associated with your entry.

Disputes: Except where prohibited, you agree that any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in New York, NY. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of NY, without giving effect to any choice of law or conflict of law rules (whether of NY or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than NY.

Third Party Platforms: If this Sweepstakes is hosted, administered, or operated on a third party platform, including without limitation a social media platform (e.g. Facebook or Twitter) (“Third Party Platform”), then by participating in this Sweepstakes, entrants hereby release and agree to comply with all rules and policies set forth by such Third Party Platform and to hold harmless such Third Party Platform from any and all liability, loss or damages arising from or in connection with the awarding, receipt, and/or use or misuse of prizes or participation in any prize related activities. Unless otherwise stated to the contrary in these Official Rules, this Sweepstakes is not sponsored, endorsed or administered by, or associated with, any Third-Party Platform.

Results: To request a winners list, send a self-addressed, stamped envelope to H. Best, Ltd. at 1411 Broadway, New York, NY, 10018. Requests must be received within four (4) weeks of the end of the Entry Period.