Melissa Joy Manning, Eskayel, and Kassia Giveaway Terms and Conditions.
1. Eligibility
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR CLAIM PRIZE. A purchase does not increase your chances of winning. ELIGIBILITY for Earth Day Giveaway (the “Sweepstakes”): Must be eighteen (18) or older to win. This Giveaway is open only to individuals who are permanent legal residents of the 46 United States of America (excluding residents of Alaska, Hawaii, Rhode Island, Florida, overseas military installations, Puerto Rico, the District of Columbia, and other U.S. Territories). Employees of Melissa Joy Manning (“Sponsor”), Eskayel, and Kassia+Surf (each a “Prize Provider”) and their respective affiliates, partners, subsidiaries, franchises, distributors, advertising and promotion agencies, any other prize provider (collectively referred to as “Promotion Entities”), and the immediate families or household members of each are not eligible to enter. The Sweepstakes is subject to all applicable federal, state and local laws and regulations. Void where prohibited or restricted by law or regulations. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. How to Enter & Promotion Period
Standard Entry: To enter the Sweepstakes (the “Promotion”), entrants must visit the “Promotion page” between 12:00AM EDT on November 1, 2023 and 11:59 PM EDT on November 7, 2023 (the “Promotion Period”) and complete the entry form through the Promotion page. Only one (1) entry per person/email address permitted during the Promotion Period. Entries with duplicate email addresses or multiple entries using different email addresses for a single individual will be disqualified. Use of any automated system to participate is prohibited and will result in disqualification.
3. Selection of Winner
One (1) grand prize winner will be selected in a random drawing (from among all eligible entries submitted during the Promotion Period) conducted by representatives of Sponsor. Winner will be notified by a Melissa Joy Manning representative via email by November 10 2023, and will be given instructions on how to claim prize. Winner will be required to sign and return an affidavit of eligibility and liability release (and, where permitted, a publicity release) within five (5) business days of the date of the notification or prize will be forfeited and awarded to an alternate winner. If a winner cannot be contacted, fails to execute and return the requested documents within the required time period, or he/she refuses his/her prize for any reason, winner forfeits the prize and Sponsors will select an alternate winner by random drawing. Odds of winning depend on the number of eligible entries received. Winner is not an official winner (“Official Winner”) until winner’s eligibility has been verified and winner has been notified that verification is complete. Sponsor will not accept screen shots or other evidence of winning in lieu of their validation process. If the Promotion Page fails for any reason, any entry received during that time will be deemed a defective entry.
4. Prize
One (1) Official Winner will receive:
- An Aquarelle pillow from @eskayel ($269)
- A pair of ⅞ inch gold hoops from @melissajoymanning ($275)
- The latest t-shirt design from @kassiasurf ($65)
The total approximate retail value (“ARV”) of the prize is $609 USD. Any difference between the stated ARV and the actual value of the prize, or any component thereof, will not be awarded in any form. Prize will be awarded "as is" with no warranty or guarantee, either express or implied offered by Promotion Entities. Winner will be provided with instructions regarding prize allocation and bookings. No more than the stated number of prizes in these official rules will be awarded. Winner will be responsible for all applicable federal, state and local taxes. Prize is non-transferable and no substitution by winner or cash equivalent is allowed. Promotion Entities reserve the right to substitute any prize component for one of equal or greater value.
Terms and Conditions:
CANNOT BE USED IN CONJUNCTION WITH ANY OTHER PROMOTIONAL PACKAGES | CANNOT BE REDEEMED FOR CASH AND IS NON TRANSFERABLE
TAXES NOT NOT INCLUDED
5. Acceptance of Official Rules
As a condition of entry, you fully and unconditionally agree to these Official Rules and to the Sponsors’ decisions, which are final and binding in all respects.
6. Entry Errors
Promotion Entities are not responsible for lost, late, incomplete, damaged, stolen, invalid, unintelligible or misdirected entries or information. Promotion Entities are not responsible if online service is interrupted including without limitation (1) interruptions to any network, server, Internet, web site, telephone, satellite, computer or other connections, (2) failures of any telephone, satellite, hardware, software or other (3) garbled, misdirected or jumbled transmissions, or traffic congestion, (4) other errors of any kind, whether human, technical, mechanical or electronic, (5) the incorrect or inaccurate capture of entry information or the failure to capture any such information, or (6) any printing or typographical errors. If for any reason your entry is confirmed to have been erroneously lost, or otherwise destroyed or corrupted, your sole remedy is another entry in the Promotion.
7. Limitation of Liability
The Official Winner agrees that Promotion Entities and their subsidiaries and affiliated companies and all their advertising and promotion agencies will have no liability whatsoever in connection with this Promotion and to hold Promotion Entities harmless for any injuries, losses or damages of any kind that you or others may suffer as a result of Official Winner’s participation in the Promotion or Official Winner’s acceptance, use or misuse of a prize.
8. Conditions of Participation; Conduct
Sponsor reserves the right in its sole discretion to modify, cancel, terminate, and/or suspend the Promotion and to disqualify any individual who tampers with the entry process, violates these Official Rules, or acts in a disruptive or unsportsmanlike manner. In the event that the Sweepstakes is terminated early, Promotion Entities reserve the right, but not the obligation, to award prizes in a random drawing from among the eligible entries received prior to the date of termination. WARNING: Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Promotion Entities reserve the right to seek damages from any such person to the fullest extent permitted by law. Promotion Entities’ failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Participation in Sweepstakes and acceptance of prize constitutes winner’s permission for Promotion Entities to use his/her name, address (city and state), likeness, photograph, picture, portrait, voice, biographical information and/or any statements made by each winner regarding the Sweepstakes or Promotion Entities for advertising and promotional purposes without notice or additional compensation, except where prohibited by law. By participating, entrants and Official Winner agree to release and hold harmless Sponsor, Prize Providers, each of their advertising and promotion agencies and their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors (collectively, the “Released Entities”), from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for, travel to, or participation in Sweepstakes, or possession, acceptance and/or use or misuse of prize or participation in any Sweepstakes-related activity and for any claims based on publicity rights, defamation or invasion of privacy and merchandise delivery. Sponsor and Prize Providers are not responsible if Sweepstakes cannot take place or if any prize cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather or acts of terrorism.
9. Use of Data.
Any entry information collected from the Sweepstakes form shall be used only in a manner consistent with these Official Rules and with the applicable privacy policies. The respective privacy policies of the Sponsor are located at:
Melissa Joy Manning : https://melissajoymanning.com/pages/privacy-and-security
Eskayel: https://eskayel.com/pages/privacy
Kassia: https://kassiasurf.com/pages/privacy-terms
By participating in the Sweepstakes, entrants hereby agree to the collection and usage of their personal information by Sponsor and Prize Providers in accordance with the aforementioned privacy policies.
10. Disputes/Choice of Law
This Promotion is governed by the laws of the United States and the state of New York without respect to conflict of laws principles. Except where prohibited, you agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts in New York, New York (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion but in no event attorneys’ fees; and (3) under no circumstances will you be permitted to obtain awards for punitive, incidental, special, consequential or other damages, including without limitation, lost profits, may be awarded (collectively, “Special Damages”), and (4) you hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
11. Email Opt-In Notice
By entering the Sweepstakes, you are agreeing to receive email correspondence from all Promotion Entities. You may unsubscribe from these communications at any time.
12. Sponsor and Prize Providers
The Sponsor of this Sweepstakes is Eskayel
The Prize Providers for this Sweepstakes are Eskayel, Melissa Joy Manning, and Kassia.