Giveaways

Melanated Vibes™

SOCIAL MEDIA GIVEAWAY & CONTEST RULES (“OFFICIAL RULES”)

(As of August 31,2023)

 

NO PURCHASE NECESSARY TO ENTER OR TO WIN. ALL FEDERAL, STATE, LOCAL AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.

From time-to-time, Melanated Vibes™ (“Melanated Vibes” or “Sponsor”) invites the public to enter for a chance to win one or more items (“Prizes”) through Sponsor’s social media accounts on Facebook, Instagram, Twitter (X), TikTok and/or other social media services. Prizes may be awarded based on random selection (a “Giveaway”) or based on other criteria (a “Contest”). As used below, the word “Programs” refers to both Giveaways and Contests.

By participating in a Program, you unconditionally accept and agree to comply with and abide by these Official Rules (unless the invitation to participate in the Program or the Program instructions refer you to a different set of rules specific to such Program) and the decisions of Melanated Vibes, which shall be final and binding in all respects.

GENERAL RULES for Giveaways & Contests

  1. Sponsor. Melanated Vibes is solely responsible for the collection, submission or processing of entries and the overall administration of all Programs run through its social media sites. The Programs are in no way sponsored, endorsed or administered by, or associated with, Instagram, Facebook, Twitter (X), TikTok or any other social media platform provider. Entrants should look solely to Melanated Vibes with any questions, comments or problems related to a Program. You may contact Melanated Vibes with questions, comments or concerns at shop@Melanated Vibes.com.
  2. Eligibility. Each Program is open to all legal residents of the 50 United States and District of Columbia who are 18 years of age and older. We cannot ship Prizes to Alaska or Hawaii, but legal residents of those States may enter a Program if they can accept delivery of any potential Prize at an address within the contiguous United States. Sponsor and their respective parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and contest agencies and each of their respective officers, directors and employees (collectively, the "Program Entities"), and members of their immediate families and/or persons living in the same household as such persons, are ineligible to enter the Programs or win a prize. Winners must be in compliance with all Program rules.  Winners can not previously win if they have won any of Melanated Vibes's contests in the last 12 months. Void where prohibited or restricted by law.
  3. Purpose. The purpose of the Programs are to serve as a fun prompt or reminder for viewers of Melanated Vibes’s social media to engage in social media actions that they would normally be inclined to do anyway. By entering, you represent that any opinions expressed via your entry or related social media action are your genuine opinions.
  4. How to Participate / Grant of License.  If eligible as specified above, you may enter a Program by following the particular Program instructions, which may include for example, posting on a particular topic, commenting on or “liking” a post, submitting an entry or posting a photo. Unless otherwise stated in the Program’s invitation, individuals may only enter each Program once, but if a Program is offered through multiple social media platforms, you may enter once on each platform. By submitting an Entry, entrants grant Melanated Vibes a perpetual and unrestricted license to use their names, images and Entry in advertisements and/or promotions without further compensation. The use of personal information collected in the course of the Program shall be governed by the terms of the Melanated Vibes Privacy Policy. By participating, entrants agree to be bound by these Official Rules. Melanated Vibes reserves the right to disqualify persons found tampering with or otherwise abusing any aspect of this Program as solely determined by Melanated Vibes. In the event the Program is compromised by tampering or other causes beyond the reasonable control of Melanated Vibes which corrupts or impairs the administration, security, fairness or proper operation of the Program, Melanated Vibes reserves the right in its sole discretion to suspend, modify or terminate the Program. Should the Program be terminated prior to the stated expiration date, Melanated Vibes reserves the right to award prizes based on the entries received prior to the termination date or to not award prizes at all. Melanated Vibes is not liable for lost, late, delayed, damaged, incomplete, or misdirected entries.
  5. Prizes.  Prizes include those items specified in Melanated Vibes’s official invitation to participate in the Program, which may take the form of a post or other social media action, an email, a text, message or any other written communication from an official Melanated Vibes account. Programs may sometimes run on more than one social media platform, such that an individual’s chances of winning a prize may depend on entries across all applicable platforms.
  6. Limitations of Liability. By entering the Program, entrants hereby agree that all disputes, claims, and causes of action arising out of or in connection with the Program, or any prizes awarded, shall be resolved individually without resort to any form of class action. Any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred and associated with entering the Program, if any. Entrant hereby specifically waives the right to claim that any attorney’s fees be awarded and under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim, any and all punitive, incidental or consequential damages of any kind and any and all rights to have damages multiplied or otherwise increased. Entrant hereby waives any statutory, common law or other legal rights to make any claims for any amounts outside of actual out-of-pocket costs in entering this Program and Entrant agrees to limit its out-of-pocket costs in entering this Program to no more than one dollar (US$1.00). Each Entrant hereby acknowledges and agrees that no social media operators (including but not limited to Facebook, Instagram, Twitter and TikTok) are responsible for any of the Programs and Entrant hereby releases all such social media operators from any liability in connection with the Programs.
  7. Disputes Concerning Entrant Identity. By participating in a Program, the Entrant represents that they are the owner of the social media account or email account through which they participated and that Sponsor may rely upon contact information provided through such account. If a dispute arises concerning who is entitled to receive a Prize, Sponsor may make a determination in its sole and absolute discretion or may choose to void the entry and award any applicable Prize to an alternate Entrant.
  8. Construction. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any contestant and their affiliated organization and Melanated Vibes, shall be governed by, and construed in accordance with the laws of Maryland, without giving effect to any choice of laws or conflict of laws rules or provisions that would cause the application of the laws of any jurisdiction other than Maryland. In the event that any provision herein is determined to be invalid or otherwise unenforceable, these rules shall be construed in accordance with their terms as if the invalid or unenforceable provisions were not contained therein and the provisions deemed unenforceable or invalid by a court of competent jurisdiction shall be blue penciled as narrowly as possible in order to make the provisions valid and enforceable.
  9. Notification & Confirmation of Winning Entries. Winners will be notified by email at the email address provided in the Entry Information or by direct message on the applicable social media platform. Any winner notification not responded to within 24 hours or returned as undeliverable may result in prize forfeiture. The potential prize winner may be required to sign and return an affidavit of eligibility and release of liability, and a Publicity Release (collectively "the Prize Claim Documents"). No substitution or transfer of a prize is permitted except by Sponsor. There shall be no prize substitutions and all prizes are non-transferable. The Prize winner will be solely responsible for reporting and payment of any taxes, if applicable, as well as all other costs associated with claiming the Prize.
  10. If the Prize is to be awarded as a giveaway via Melanated Vibes’s random selection of a winning post, comment, “like” or other social media action or email, the rules listed under the heading “Giveaways” below apply. If the Prize is to be awarded based on any criteria other than random selection, the rules listed under the heading “Contests” below apply.

GIVEAWAY-Specific Rules

  1. Selection of winners / Odds of Winning.  The winning entry will be picked at random by a randomizer software. Odds of winning depend upon the number of eligible entries received throughout the Contest Period. The random drawing will be conducted within 24 hours by Sponsor or its designated representatives, whose decisions are final.

CONTEST-Specific Rules

  1. Criteria for selection of winners will be as described in the instructions given in the announcement of the Contest. Melanated Vibes will select the winning entry at its sole discretion. The winner will be selected and announced by Melanated Vibes at the conclusion of the contest.