Rules
OFFICIAL 2021 GIVEAWAY RULES
Eligibility: The 2022 holiday giveaways are open to all legal residents of the United States of America aged 18 and over at the time of entry. Giveaways are subject to all applicable federal, state and local laws and is void where prohibited.
Entry Periods:
The Treasue Hunt Giveaway begins at 8:00 a.m. on Nov. 26, 2021, and ends at 11:59 p.m. on Dec. 19, 2021. (the “Giveaway Period”). All times noted for the Giveaway Period are Eastern Time. To be eligible, entries must be received within the Giveaway Period.
The Calendar Gratitude Giveaway entry begins on Sept. 1, 2021 and ends on 11:59 pm on Dec. 7, 2022.
How to Enter the Treasure Hunt Giveaway: To enter, follow @jesdamiano on Instagram, visit a participating retailer (listed below) and take a photo of or with Jessica Damiano’s 2022 Day-by-Day Gardening Calendar in the store, then post it to your Instagram account with the hashtags #jessicadamianoand #gardentips. Entry period closes at 11:59 p.m. on Dec. 19, 2021. Winner will be announced on Jessica Damiano's Instagram feed (@jesdamiano) on Dec. 20, 2021. One entry per person; Duplicate Entries will be void. No responsibility is assumed for late, lost, damaged incomplete, illegible, or misdirected submissions. No responsibility is assumed for technical, hardware, software or other online entry malfunctions of any kind or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the sender, or by any of the equipment or programming associated with or utilized in the Giveaway which may limit the ability to participate, or by any human error which may occur in the processing of the Entry. If for any reasons (including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, which corrupts or affects the administration, security, fairness, integrity, or proper conduct of the Giveaway), lack of retail store supply or any other cause beyond the control of Jessica Damiano, or the Giveaways are not capable of being conducted as described in these Official Rules, Jessica Damiano shall have the right, at her sole discretion, to cancel, terminate, modify or suspend the Giveaway.
How to Enter the Calendar Gratitude Giveaway: All online transactions to purchase Jessica Damiano’s 2022 Day-by-Day Gardening Calendar made on or before 11:59 pm on Dec. 7, 2022, will be automatically entered into the Giveaway. No Purchase Necessary: Alternatively, entries can be made by sending a note, letter or card requesting entry and including entrant’s mailing and email addresses to Jessica Damiano’s Bliss Bulb Garden Giveaway, 240 Glen Head Rd. #185, Glen Head, NY 11545. Mailed entries must be received by Dec. 7, 2021. One entry per person; Duplicate Entries will be void. No responsibility is assumed for late, lost, damaged incomplete, illegible, or misdirected submissions. No responsibility is assumed for technical, hardware, software, mailing or email service or other online or postal service entry malfunctions of any kind or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the sender, or by any of the equipment or programming associated with or utilized in the Giveaway which may limit the ability to participate, or by any human error which may occur in the processing of the Entry. If for any reasons (including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, which corrupts or affects the administration, security, fairness, integrity, or proper conduct of the Giveaway), misdirected mail, illegible entry or any other cause beyond the control of Jessica Damiano, or the Giveaway is not capable of being conducted as described in these Official Rules, Jessica Damiano shall have the right, at her sole discretion, to cancel, terminate, modify or suspend the Giveaway.
Requirements of Entries: Each Entry must be the original work of the entrant, must appear in its original form, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. If the Entry contains any material or elements that are subject to the rights of third parties, the entrant is responsible for obtaining, before submission of the Entry, any and all releases and consents necessary to permit the use and exhibition of the Entry by Jessica Damiano in the manner set forth in these Official Rules, including without limitation, name and likeness permissions from any person or entity whose subject appears in or is identifiable in the Entry. Jessica Damiano reserves the right to request proof of these permissions in a form acceptable to her from any entrant at any time. Failure to provide such proof may, if requested, render Entry null and void. Entrant understands that Jessica Damiano has no obligation to display or otherwise include the Entry on any social media platform, in any publication or Website. By submitting an Entry, entrant warrants and represents that he/she/they, on his/her/their own behalf and on behalf of any children or legal wards of the entrant, if any, consent to the submission and use of the Entry in the Giveaway and to its use as otherwise set forth herein. By submitting your Entry, you agree that your Entry conforms to these Official Rules and that Jessica Damiano, in her sole discretion, may disqualify your Entry for any reason, including if she determines, in her sole discretion, that your Entry fails to conform to these Official Rules in any way or otherwise contains unacceptable content as determined by Jessica Damiano, in her sole discretion. By submitting your Entry, entrants grant to Jessica Damiano a perpetual, unlimited, transferable, exclusive license to use their Entry on social media platforms, in editorial publications, advertising material, for promotional purposes, on websites and mobile/tablet applications, and in any other media form whatsoever that Jessica Damiano may choose without further compensation unless otherwise prohibited by law. By submitting your Entry, you agree to assume all liability for and indemnify and hold harmless Jessica Damiano her associates, affiliates, beneficiaries, employees, contractors and agents from any and all claims arising out of the publication or use of your Entry, including without limitation any failure of your Entry to comply with these Official Rules or any representations being made by you herein.
Winner Selection: Jessica Damiano will utilize an online Random Choice Generator, such as, but not limited to, https://www.textfixer.com/tools/random-choice.phpto select a winner at random among all eligible entries. The result of the Random Generator with respect to the selection of the Winner and in regard to all matters relating to these Giveaways are within Jessica Damiano’s sole discretion and shall be final.
Winner of the Calendar Gratitude Giveaway will be notified via email on Dec. 8, 2021, and a notice will be sent via email from jessica@jessicadamiano.com. Failure to reply to the email withing 48 hours of when the email notfication is sent will void the result and another winner will be selected according to the process outlines above.
Winner of the Long Island Treasure Hunt Giveaway will be notified via Direct Message to the entrant’s Instagram account requesting that the winner send an email to jessica@jessicadamiano.com to ensure the security of further communication. The winner's email response must be received within 48 hours from the timestamp indicating when the Instagram Direct Message was sent and must include a physical address to which to send the prize Failure to contact Jessica Damiano via email at jessica@jessicadamiano.com with a mailing address within 48 hours of when the email notification is sent by Jessica will void the result and another winner will be selected according to the process outlined above.
Prizes: One (1) winner will be selected in the Calendar Gratitude Giveaway and shall receive the following prize: One Bliss Bulb Garden kit as supplied by Gardeners.com. Total maximum prize value for each prize in the Giveaway is no more than $84.95.
One (1) winner will be selected in the Long Island Treasure Hunt Giveaway and shall receive the following prize: One Mobile Garden Tool Storage Caddy as supplied by Gardeners.com. Total maximum prize value for each prize in the Giveaway is no more than $99.95.
Winners are solely responsible for all state, local or federal taxes associated with the winning of the prize. Prize does not include any travel expenses, insurances of any kind, personal expenses, gratuities, incidental charges or any other costs not specifically described in these Official Rules as part of the prize and will be the responsibility of each winner. In the unlikely event that any part of the prize events/components become unavailable, for any reason whatsoever, each prize winner agrees that Jessica Damiano and her agents shall have no further obligations other than to deliver a substitute prize of equal value, at Jessica Damiano’s discretion. Any difference between the stated value and the actual value of a prize will not be awarded to the winner. Prizing may be subject to expiration dates and will not be extended. Prizing is not refundable or redeemable for cash or credit at any time, nor will prizing be replaced if lost or stolen. Prize may not be sold or transferred to a third party. No substitutions are allowed, except by Jessica Damiano in her sole discretion. Jessica Damiano may, in her sole discretion, substitute a prize of equal or greater value. Other prize restrictions may apply.
General Conditions: By accepting a prize, each winner grants to Jessica Damiano and affiliates the right to use his or her name, likeness, image, voice, testimonial and/or biographical information in advertising and promotion in all media without further compensation or permission, except where prohibited by law. By acceptance of prize, each winner agrees to release, indemnify and hold harmless Jessica Damiano and her parent companies, affiliates, employees, contractors and agents from any and all liability for injuries and damages sustained in connection with the acceptance and use of the prize. Prize winners will be required to submit a written release within five (5) calendar days of notification and before distribution of prize. Any prize notification not responded to within 168 hours, any affidavit/release returned as undeliverable, and/or failure of winners to return the affidavit and release as required herein will result in disqualification from the Giveaway, prize forfeiture, and in an alternate winner being selected from all remaining eligible entries. In the event a winner fails to claim his/her prize or fails to meet the eligibility requirements, such winner will forfeit his/her prize and an alternate winner will be selected from all remaining eligible entries. If a winner is unwilling or unable to accept any portion of the prize package, that portion of the prize will be deemed as forfeited by the winner and no substitution will be made except at Jessica Damiano’s sole discretion.
DISPUTES/CHOICE OF LAW: EACH ENTRANT AGREES THAT THIS GIVEAWAY SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK AND: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS GIVEAWAY OR ANY PRIZE AWARDED SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND EXCLUSIVELY BY STATE OR FEDERAL COURTS SITUATED IN NEW YORK, (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, BUT IN NO EVENT ATTORNEYS’ FEES, (C) NO PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, MAY BE AWARDED, AND (D) ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM SPECIAL DAMAGES AND ALL RIGHTS TO HAVE SUCH DAMAGES MULTIPLIED OR INCREASED.
PRIVACY STATEMENT: Entrants’ information may be used by Jessica Damiano as provided for in these Official Rules. Winners List: For a list of winners, send a self-addressed, stamped envelope to: Winners List, Jessica Damiano’s Holiday Giveaways, 240 Glen Head Rd. #185, Glen Head, NY 11545 by December 30, 2021.
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