From time to time Ear Jelly, Inc. (“EAR JELLY”) conducts promotional contests and giveaways. At times, special contests and promotions may require the establishment of a separate set of rules. Our general promotion rules are as follows and in effect unless otherwise indicated in the promotion.
1. Unless otherwise indicated, EAR JELLY is the sole sponsor of all promotions.
2. All promotions indicate the prize(s) to be awarded and their method of entry.
3. The method of entry varies with each promotion, but is clearly indicated in the promotion announcement. Methods may include, but are not limited to: email, social media interaction, website entry, text entry, postcard entry, and printed entry blanks.
4. The odds of winning will depend on the number of eligible entries received.
5. When any promotion has a deadline for entry, the deadline is clearly indicated in the announcement and any written rules.
6. Promotions are open to U.S. residents ages 18 or older unless otherwise indicated. All federal, state and local laws and regulations apply. Void where prohibited by law. Employees of EAR JELLY are not eligible.
7. The retail value of the prize(s) offered is less than $5,000. Winners are responsible for all federal, state and local taxes, if any.
8. No purchase is necessary to participate in promotions.
9. The prize(s) offered will be awarded. No alternative gift, prize, cash, or other substitution is permitted except by EAR JELLY in the event of prize unavailability. Prizes are non-transferable and are not negotiable. Prizes cannot be exchanged for cash.
10. Entrants grant to EAR JELLY, without limitation, and without additional financial or other compensation, the right to use their name, likeness, portrait, recorded voice and biographical material, in order to advertise, promote or publicize EAR JELLY, its licensee, the promotion and any advertisers and co-sponsors associated with the promotion and their products and services.
11. EAR JELLY reserves the right to amend or change the above rules at any time as well as end a promotion at any time. All decisions of EAR JELLY with regard to the awarding of prizes, the selection of winners and the interpretation of these rules shall be final. Each entrant by virtue of entering a promotion agrees to accept the decision of the EAR JELLY as final.
12. Entrants agree that: (1) any and all disputes, claims, and causes of action arising out of or in connection with these promotions, or any prize(s) awarded, shall be resolved individually, without resort to any form of class action, and any judicial proceeding shall take place in a federal or state court within the State of California; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the promotion, but in no event shall attorney’s fees be awarded; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant herby waives all rights to claim, punitive, incidental, and consequential damages, and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these rules, or the rights and obligations of entrants and EAR JELLY in connection with the promotion, shall be governed by, and construed in accordance with the laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions (whether the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of California.
13. By submitting an email address you agree to have that email address added to the EAR JELLY Newsletters. You may remove yourself from any EAR JELLY Newsletter via the Unsubscribe link at the bottom of any EAR JELLY Newsletter email. Unsubscribing from the EAR JELLY Newsletters does not affect your eligibility for any promotion. Your email address will only be used by EAR JELLY, its subsidiaries or affiliates for promotional or marketing purposes. Your information will not be sold or disclosed to third parties. You may also contact firstname.lastname@example.org for further information.