The Elfster Gift Exchange Photo Giveaway (the “Giveaway”) begins on December 20, 2022, and ends on January 10, 2023, at 11:59 pm Pacific (the “Giveaway Period”).
During the Giveaway Period, 3 weekly giveaways will be conducted (each a “Weekly Giveaway”), each commencing on the Tuesday of that week at 12:01 am Pacific and concluding on Sunday at 11:59 pm Pacific (the “Weekly Deadline”).
Bound by Official Terms & Conditions:
By participating in this Giveaway, you are signifying that you have read and agree to be legally bound by these Terms & Conditions (the “Terms”).
The Giveaway is administered by Elfster, Inc (the “Sponsor”), located at 2930 Domingo Ave, #531,
Berkeley, CA 94705. It is open only to residents of the United States who: (i) have reached the age of 18 at the time of entry; and (ii) are neither employees of the Elfster, Inc. or any parent companies, subsidiaries, divisions, affiliates, suppliers, distributors, and advertising, promotional, and judging agencies, and all their immediate family members (spouses, parents, children, siblings, and their spouses) and household members of each (whether related or not) (each an “Entrant”). Void where prohibited by law. All federal, state and/or local laws and regulations apply. Participation in the Giveaway constitutes Entrant’s full and unconditional agreement to these Terms and to Administrator’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.
How to Enter the Giveaway:
NO PURCHASE NECESSARY. MAKING A PURCHASE WILL NOT INCREASE OR OTHERWISE IMPACT YOUR CHANCES OF WINNING THIS GIVEAWAY. Entrants are eligible to be entered into each Weekly Giveaway upon fulfilling the following steps:
- Creating and/or having an account at Elfster.com;
- Following Elfster on Instagram;
- Posting pics of your gift exchange on Instagram with hashtag #elfster prior to the Weekly Deadline;
- Agreeing to these Terms.
One entry per person per Weekly Giveaway. Entrants using multiple email addresses, identities or devices in an attempt to circumvent the rules may be disqualified in the sole discretion of Sponsor. Sponsor is not responsible for any lost, incomplete, late or illegible entries of for failure to receive Entry(s) due to transmission or technical failures of any kind including, without limitation, malfunctioning of any network.
During the Giveaway, nine prizes will be available, three for each Weekly Giveaway. Each week, the Weekly Prize Item will be the prize awarded to the Winners. Each week, three winners (each a “Winner”) will be selected randomly, from the Entrants for that week’s Giveaway. The value of the Weekly Prize Item is $50.
Important Note: Any and all other costs associated with utilizing a prize will be the sole and absolute responsibility of the winner. Neither the Sponsor, and/or any other entity, will be providing any compensation whatsoever with respect to any costs associated with utilizing a prize or otherwise.
Prizes are awarded “as is,” without warranty or guarantee, either express or implied, by Sponsor. Winner is responsible for all federal, state, and local taxes and all other costs and expenses associated with prizes not specified herein as being awarded. No transfer, substitution, or cash equivalent permitted by the winner. The winner is responsible for paying any costs and expenses not specified above. Sponsor reserves the right to substitute prizes (or components thereof) with other prizes (or components thereof) of equal or greater value if the prizes are not available for any reason, as determined by Sponsor at their sole discretion. By entering this Giveaway and accepting a prize, the winner agrees to maintain behavior in accordance with all applicable laws. All prize details are at Sponsors’ discretion.
Sponsor makes no representation or offers any warranty, express or implied, as to the quality or fitness of any Prize awarded in connection with the Giveaway. To the fullest extent permitted by applicable law, a confirmed winner understands and acknowledges that he or she may not seek reimbursement or pursue any legal or equitable remedy from the Sponsor should his/her Prize fail to be fit for its purpose or is in any way unsatisfactory.
Random Drawing and Winner Selection:
The winners for each Weekly Giveaway will be selected in a random drawing within one (1) business day of the close of the Weekly Giveaway from among all eligible entries received. Drawing will be conducted by the Sponsor, whose decisions are final on all matters relating to the Giveaway. The Sponsor’s computer shall be the official time-keeping device for the Giveaway. Odds of winning a prize are dependent upon the number of eligible entries received. Prizes will be awarded and the winners will be notified via the email associated with the account, at the Sponsor’s discretion. The Sponsor will attempt to notify the potential winner within one (1) business day after selection. If a potential winner cannot be contacted within two (2) business days after the first attempt to contact such potential winner, an alternate Entrant will be selected in their place from all entries received. Sponsor is not responsible for Winner’s failure to receive notices due to spam, junk e-mail or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information. Prizes will not be shipped outside of the Continental United States. Prizes are nontransferable. No substitutions are allowed by winner.
By participating in the Giveaway and accepting a Prize, each eligible winner hereby confirms compliance with these Terms; (i) acknowledges acceptance of the applicable Prize (as awarded); (ii) releases the Sponsor from any and all liability in connection with this Giveaway, his/her participation therein and/or the awarding and use/misuse of the Prize or any portion thereof; (iii) agrees to indemnify and hold harmless the Sponsor against any and all claims, damages, liabilities, costs, and expenses arising from use of his/her entry materials or any portion(s) thereof; and (iv) agrees to the publication, reproduction, and/or other use of his/her name, social media handles, voice, statements about the Giveaway and/or photograph or other likeness without further notice or compensation, in any publicity or advertisement carried out by or on behalf of the Sponsor in any manner whatsoever, including print, broadcast, or the internet.
Entrant’s personal details may be used by the Administrator in accordance with its Privacy Statement. Additionally, an authorized and secure third-party marketing platform may collect Entrant’s personal details only to the extent necessary to carry out the Giveaway. Entrant’s personal details are not further used, collected, or shared. By entering the Giveaway, you consent to the use of such information in accordance with such policy.
Not Sponsored by Instagram:
List of Winners:
For a list of Winner(s), mail a request and a self-addressed stamped envelope to: Elfster Wishlist Giveaway Winners List c/o Elfster, Inc., 2930 Domingo Ave, #531, Berkeley, CA 94705.
THIS GIVEAWAY IS OPEN TO U.S. RESIDENTS AND IS GOVERNED BY THE LAWS OF CALIFORNIA. The decisions by the Sponsor with respect to all aspects of this Giveaway are final and binding on all Entrants without right of appeal. Anyone deemed by the Sponsor to be in violation of the Sponsor’s interpretation of the letter and/or spirit of these Terms for any reason is subject to disqualification in the sole and absolute discretion of the Sponsor at any time.
The Sponsor will not be liable for: (i) any failure of any website or any platform during the Giveaway; (ii) any technical malfunction or other problems of any nature whatsoever, including, without limitation, those relating to the telephone network or lines, computer online systems, servers, access provider, computer equipment, or software; (iii) the failure of any Entry, entry materials and/or other information to be received, captured, or recorded for any reason whatsoever, including, but not limited to, technical problems or traffic congestion on the internet or at any website; (iv) any injury or damage to an Entrant’s or any other person’s computer or other device related to or resulting from participating in the Giveaway; (v) anyone being incorrectly and/or mistakenly identified as a winner or eligible winner; and/or (vi) any combination of the above.
The Sponsor reserves the right, in its sole and absolute discretion, to withdraw, amend, or suspend this Giveaway (or to amend these Terms) in any way, in the event of any cause beyond the reasonable control of the Sponsor that interferes with the proper conduct of this Giveaway as contemplated by these Terms, including, without limitation, any error, problem, computer virus, bugs, tampering, unauthorized intervention, fraud, or failure of any kind whatsoever. Any attempt to undermine the legitimate operation of this Giveaway in any way (as determined by Sponsor in its sole and absolute discretion) may be a violation of criminal and civil laws, and should such an attempt be made, the Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law. The Sponsor reserves the right, in its sole and absolute discretion, to cancel, amend, or suspend this Giveaway, or to amend these Terms, in any way without prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind, or for any other reason whatsoever.
The Sponsor reserves the right, in its sole and absolute discretion, to adjust any of the dates, time frames, and/or other Giveaway mechanics stipulated in these Terms, to the extent deemed necessary by Sponsor, for purposes of verifying compliance by any Entrant, Entry, entry materials, and/or other information with these Terms, or as a result of any technical or other problems, or in light of any other circumstances which, in the opinion of the Sponsor, in its sole and absolute discretion, affect the proper administration of the Giveaway as contemplated in these Terms, or for any other reason.
In the event of any discrepancy or inconsistency between the Terms and disclosures or other statements contained in any Giveaway-related materials, these Terms shall prevail, govern, and control to the fullest extent permitted by law. The invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Terms shall otherwise remain in effect and shall be construed in accordance with the Terms as if the invalid or illegal provision were not contained herein. To the fullest extent permitted by applicable law, all issues and questions concerning the construction, validity, interpretation, and enforceability of these Terms or the rights and obligations of Entrant and/or Sponsor in connection with the Giveaway will be governed by and construed in accordance with the laws of the State of California.