TERMS & CONDITIONS
1. Eligibility: These Terms and Conditions (“Terms and Conditions”) govern the Giveaway (the “Campaign”) which shall only be open to those individuals who are twenty-one (21) years of age or older as of the date of entry. The Campaign is only open to legal residents of the United States and is void where prohibited by law.
In order to be eligible to receive the FEEL GREAT BOTANICS store credit, You must reside in a state where the purchase, sale, and transfer of kratom and kava is legal. Employees of the VZ Distribution, LLC (“FEEL GREAT BOTANICS”), its affiliates, subsidiaries, advertising and promotion agencies, and suppliers, (collectively the “Employees”), and immediate family members and/or those living in the same household of Employees are not eligible to participate in the Campaign. The Campaign is subject to all applicable federal,
state, and local laws and regulations. These Terms and Conditions and the Campaign are void where prohibited, including but not limited to, RI, IN, WI, AR, AL and VT.
2. Agreement to Rules: By participating in the Campaign, the contestant (“You”) agree to be fully unconditionally bound by these terms and conditions, and You represent and warrant that You meet the eligibility requirements. In addition, You agree to accept the decisions of FEEL GREAT BOTANICS as final and binding.
3. Campaign Period: Entries will be accepted online starting on March 7, 2025 and ending on March 11, 2025. All online entries must be received by March 11, 2025 before 11:59 PM PST.
4. How to Enter: The Campaign must be entered by (1) following us on Instagram (@Feel_Great_Botanics); (2) liking the Campaign Instagram post; (3) tagging a friend in the Campaign Instagram post. Contestants can submit more than one entry, but each tag must be a new comment. NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCE OF WINNING.
5. Prizes: Winners in the Campaign (the “Winner”) will be chosen at random on March 13, 2025 and receive the prizes as follows:
a) Three (3) prize winners will receive a pair of tickets to any baseball game in the country (maximum value of $300 per winner) and will receive a $100 FEEL GREAT BOTANICS store credit (valued at $100). These will be delivered in the form of gift cards or store credit.
The total amount of available prizes is up to $1,200. No cash or other prize substitution shall be permitted.
Prizes are non-negotiable, non-transferrable and non-refundable. Where a Prize becomes unavailable for any reason, FEEL GREAT BOTANICS reserves the right to substitute that prize for a prize of equal or higher value.
6. Odds: The odds of winning depend on the number of eligible entries received.
7. Winner Selection and Notification: Winners will be selected at random from the total list of entrants. Winners will be notified via Instagram message within two (2) business days following selection of Winners. FEEL GREAT BOTANICS shall have no liability 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. If Winner cannot be contacted, is ineligible, or fails to claim the Prize within two (2) business
days from the time award notification was sent, the Prize may be forfeited and an alternate Winner selected.
Receipt by Winner of the Prize offered in this Campaign is conditioned upon compliance with any and all federal, state, and local laws and regulations. The name, address, email address and phone number of the Winner must be provided to FEEL GREAT BOTANICS if requested and will be shared to enable fulfillment of the Prize.
8. GRANT OF RIGHTS By accepting the Prize, the Winner agrees, where imposing such condition is legal, to grant FEEL GREAT BOTANICS and its designees the irrevocable, royalty-free right to publish, disseminate, and use the person’s name and city and state of residence without further notice, permission, or consideration, in perpetuity, throughout the world, in all media and formats now known or hereafter invented, in connection with the execution and promotion of the Campaign, and will confirm consent to such use in writing upon request. The Winner’s name and social media username may be posted on the social media profiles of FEEL GREAT BOTANICS after the Winner has been selected.
9. Terms & Conditions: FEEL GREAT BOTANICS reserves the right to modify Prizes as needed. FEEL GREAT BOTANICS reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Campaign should virus, bug, non-authorized human intervention, fraud, or other cause beyond FEEL GREAT BOTANICS’s control corrupt or affect the administration, security, fairness, or proper conduct of the Campaign. In such case, FEEL GREAT BOTANICS may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by FEEL GREAT BOTANICS. FEEL GREAT
BOTANICS reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Campaign or website or violates these Terms & Conditions. FEEL GREAT BOTANICS has the right, in its sole discretion, to maintain the integrity of the Campaign. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Campaign may be a violation of criminal and civil laws. Should such attempt be made, FEEL
GREAT BOTANICS reserves the right to seek damages to the fullest extent permitted by law.
10. Limitation of Liability: By entering, You agree to release and hold harmless FEEL GREAT BOTANICS and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrant’s participation in the Campaign and/or his/her acceptance, possession, use, or misuse of any prize or
any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error in the administration of the Promotion or the processing of entries. To the extent permitted by applicable law, FEEL GREAT
BOTANICS’s liability under or in connection with the Campaign or these Terms and Conditions shall be limited to the cost price of the Prize in question.
11. Disputes: This Campaign IS GOVERNED BY THE LAWS OF THE UNITED STATES AND
DELAWARE, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of
participating in this Campaign, participant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Campaign, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Salt Lake City, Utah having jurisdiction. Further, in any such dispute, under no circumstances shall participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including
reasonable attorney’s fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Campaign). Participant further waives all rights to have damages multiplied or increased. FOR FURTHER CLARIFICATION, IN NO EVENT WILL FEEL GREAT BOTANICS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF REVENUES, LOST PROFITS, LOST CAPITAL OR OVERHEAD, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WHETHER OR NOT FEEL GREAT BOTANICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. Non-Disparagement: You shall not make any public disparaging statements, written, verbal or otherwise, concerning FEEL GREAT BOTANICS, its products, members, managers, officers, directors, employees, attorneys, agents, or contracting parties, or its business or operations.
13. Disclaimer: The Campaign is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram, or any other third party social media site (the “Social Media Sites”) and in no instance shall the Social Media Sites or their subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors (all of the foregoing, the “Social Media Sites Parties”) be liable for any disputes, claims, causes of action or controversies arising out of or in connection with the Campaign. By entering this Campaign, You agree to fully release Instagram and further acknowledge that this Campaign is in no way sponsored,
endorsed, administered by, or associated with, Instagram.
