MALIN + GOETZ giveaway.

MALIN + GOETZ GIVEAWAY
PRESENTED BY MALIN + GOETZ INC

OFFICIAL RULES

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.Void where prohibited by law and outside the fifty (50) United States (and. D.C.) and England, Scotland, Wales and Northern Ireland. Subject to all applicable federal, state, provincial, territorial and local laws, regulations, and ordinances. Giveaway begins on September 27, 2024 at 9:00:00 a.m. Eastern Time (“ET”) and ends on October 1, 2024 at 11:59:59 p.m. ET (the “Giveaway Period”). Sponsor’s computer is the official time keeping device for this Giveaway. Entries received after the end of the Giveaway Period will not be valid for the Giveaway.

1. Eligibility: The Malin + Goetz Giveaway (the “Giveaway”) is open to legal U.S. residents currently residing in the fifty (50) United States including the District of Columbia and to legal residents of England, Scotland, Wales and Northern Ireland. All entrants must be at least eighteen (18) years of age or the age of majority in their jurisdiction of residence, whichever is older, as of the date of entry. Employees, officers, and directors of Malin + Goetz or any of their respective parents, affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment, and marketing agencies, website providers, web masters (collectively, the “Giveaway Entities”), and members of their immediate families (spouses, parents, siblings and children, regardless of where they live) and those living in the same household are not eligible to enter or win. Participation constitutes the entrant’s full and unconditional agreement to these Official Rules and to Sponsor’s decisions, which are final and binding in all matters related to the Giveaway. Winning a prize is contingent upon fulfilling all requirements set forth herein. Sponsor reserves the right to verify the eligibility of winners.

2. Sponsor: Malin + Goetz Inc., 330 Seventh Avenue, 21st Floor, New York, New York 10001 USA (“Malin + Goetz” or “Sponsor”).

3. How to Enter: During the Giveaway Period, to enter, you must (1) follow @malinandgoetz on Instagram, (2) like Malin + Goetz’s Instagram post about this Giveaway (“Instagram Post”) and (3) tag a friend (who is at least eighteen (18) years of age or the age of majority in their jurisdiction of residence). Upon completion of this Entry Condition, you automatically will be entered with one (1) entry into the Giveaway. You must provide all required information to be eligible to enter and win. All potential winners are subject to verification before any prize will be awarded. Normal Internet access, phone, and usage charges imposed by your online or phone service may apply. LIMIT ONE (1) ENTRY PER PERSON. ADDITIONAL ENTRIES WILL BE DISQUALIFIED. Automated or bulk entries or entries submitted by third parties will be disqualified. Entries must be submitted by the contestant. Any attempt by any participant to obtain more than one (1) entry by using multiple and/or different identities, email addresses, Instagram accounts, or any other methods will void all of that participant's entries, and that participant may be disqualified at Sponsor’s discretion. Multiple participants are not permitted to share the same Instagram account. In the event of a dispute as to any registration, the authorized account holder of the Instagram account used to complete the Entry Condition will be deemed to be the registrant. The “authorized account holder” is the natural person assigned 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 address (and who has registered that email address with Instagram, if applicable). Potential winners may be required to show proof of being the authorized account holder to the Sponsor or forfeit the prize. Entries specifying an invalid, non-working, or inactive account will be disqualified and ineligible to win. You must complete the Entry Condition above to be eligible to enter. Incomplete, illegible, corrupted, or untimely entries are void and will be disqualified.

4. Selection of Winners: On October 2, 2024, Sponsor will select the name of the potential winner of the prize in a random drawing from among all eligible entries received. The odds of winning are based on the number of eligible entries received. The potential prize winner will be notified by direct message to their Instagram account on or about October 2, 2024. Except where legally prohibited, the potential prize winner may be required to sign and return, within two (2) days of being notified, a Declaration of Eligibility, Liability & Publicity Release (“Declaration/Release”) in order to claim their prize. If a potential prize winner cannot be contacted after the first attempt to contact them, or if a potential prize winner fails to sign and return the Declaration/Release or any other required documents within the required time period, or in the event that a potential prize winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner selected by a random drawing from among all remaining eligible entries. Only two (2) alternate drawings will be held, after which any remaining prize will remain un-awarded.

5. Prize: One prize (worth $161) will be awarded to the winner. The prize will consist of:
- custom MALIN+GOETZ tomato grocery tote.
- MALIN+GOETZ tomato home spray.
- MALIN+GOETZ tomato candle.

Prize Restrictions: All costs, expenses and arrangements (including meals, visa, transportation and insurance) not included within the prize shall be the responsibility of the winner. Any and all applicable federal, state, provincial, territorial and local taxes and all fees and expenses related to acceptance and use of the prize not specifically stated herein are the sole responsibility of the individual prize winner. Prize cannot be substituted, assigned, transferred, or redeemed for cash; however, Sponsor reserves the right to make an equivalent prize substitution at their sole discretion. Prize cannot be used in conjunction with any other Giveaway or offer.

6. General Conditions: Subject to applicable law, Sponsor reserve the right to cancel, suspend and/or modify the Giveaway, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Giveaway, as determined by Sponsor in their sole discretion. Sponsor and their agencies are not responsible for lost, late, incomplete, damaged, stolen, misdirected, or illegible entries; lost, interrupted, or unavailable network, server, or other connections, garbled transmissions or miscommunications, telephone transmission problems; computer or software malfunctions or damage to a user’s computer equipment (software or hardware); technical failures; or other errors or malfunctions of any kind whether human, mechanical, electronic, or otherwise. Proof of sending or submission of entry will not be deemed proof of receipt by Sponsor. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS GIVEAWAY OR UNDERMINE THE LEGITIMATE OPERATION OF THE GIVEAWAY MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right at their sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the entry process, the website and/or the legitimate operation of the Giveaway; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. Subject to applicable law, if, for any reason, the Giveaway is not capable of running as planned, Sponsor may, in its sole discretion, void any suspect entries and (a) terminate the Giveaway (or any portion thereof), (b) modify the Giveaway or suspend the Giveaway to address the impairment and then resume the Giveaway in a manner that best conforms to the spirit of these Official Rules; and/or (c) award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment.

7. Release and Limitations of Liability: By participating in this Giveaway, entrants agree that Sponsor, and their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, web masters, and their respective officers, directors, employees, representatives and agents (the “Released Parties”) are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Giveaway; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Giveaway; (4) technical or human error which may occur in the administration of the Giveaway or the processing of entries; or (5) any 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 Giveaway or receipt or use or misuse of any prize. No more than one (1) prize will be awarded.

BY PARTICIPATING IN THIS GIVEAWAY, ENTRANTS AGREE THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND (TO THE EXTENT PERMITTED BY APPLICABLE LAW) SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY DAMAGE RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, ENTRY, OR PARTICIPATION IN THIS GIVEAWAY OR IN ANY GIVEAWAY RELATED ACTIVITY OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF THE PRIZE CANNOT BE AWARDED DUE TO TRAVEL CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM.

WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS GIVEAWAY, INCLUDING ALL PRIZES, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

8. Publicity Release. EXCEPT WHERE PROHIBITED BY LAW, THE WINNER GRANTS TO SPONSOR (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR), ITS SUBSIDIARIES, AFFILIATES, RETAILERS, DISTRIBUTORS, ADVERTISING AND GIVEAWAY AGENCIES, SUPPLIERS, AND THOSE ACTING PURSUANT TO ITS AUTHORITY, THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLDWIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING BUT NOT LIMITED TO THE WORLD WIDE WEB, AT ANY TIME OR TIMES, THE WINNER’S ENTRY FORM, NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, AND BIOGRAPHICAL INFORMATION FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION.

9. Disputes. Except where prohibited, entrant agrees that: (1) 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 in the state and federal courts in the State of 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 Giveaway, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, 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 Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Giveaway, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.

10. PRIVACY NOTICE: Any personal information sent to, shared with or collected by Sponsor in connection with this Giveaway is subject to Sponsor’s Privacy Policy found here. Sponsor and the affiliates, subsidiaries, representatives or service providers of Sponsor may use entrants’ and/or referrals’ personal information submitted with entry for purposes of managing the Giveaway, for prize fulfillment and/or for future marketing by Sponsor, including to notify them of a product or promotion that Sponsor thinks may be of interest.

11. Official Rules and Winners List: For a copy of the Official Rules, visit malinandgoetz.com/tomato-tote-giveaway or send a stamped, self-addressed envelope for receipt by October 1, 2024 to: Contests at Malin +Goetz, 330 Seventh Avenue, 21st Floor, New York, New York 10001 USA. For a list of winners available after October 2, 2024, send a stamped, self-addressed envelope for receipt not later than 2 weeks after the date above to: Contests at Malin + Goetz, 330 Seventh Avenue, 21st floor New York, New York 10001 USA. VT residents in the United States may exclude return postage.

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