JOHN KONCHAR DECEMBER 2024 EARTH’S SPLENDOR GIVEAWAY SWEEPSTAKES TERMS & CONDITIONS

  1. NO PURCHASE NECESSARY: NO PURCHASE, PAYMENT OR OTHER CONSIDERATION IS NECESSARY TO ENTER OR WIN ANY PRIZE FOR YOUR ORGANIZATION IN THIS GIVEAWAY. A PURCHASE OR PAYMENT DOES NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
  2. Eligibility: The John Konchar December 2024 Earth’s Splendor Giveaway (the “Giveaway”) is open only to those who fully complete the social media entry steps, or otherwise provide complete information through an email entry, and who are 18 as of the date of entry and authorized to enter the Giveaway on behalf of their organization without violating any organization policies (the “Entrant”). Additional eligibility requirements are set forth in these Terms & Conditions and must be met. The Giveaway is only open to legal residents of the United States and is void where prohibited by law. Employees of Earth’s Splendor (the “Sponsor”), their respective affiliates, subsidiaries, advertising and promotion agencies, suppliers and their immediate family members and/or those living in the same household of each are not eligible to participate in the Giveaway. The Giveaway is subject to all applicable federal, state and local laws and regulations. Void where prohibited.
  3. Agreement to Rules: By participating, you agree to be fully and unconditionally bound by these Terms & Conditions (“Rules”), and you represent and warrant that you meet each of the eligibility requirements of these Rules. In addition, you agree to accept the decisions of Sponsor as final and binding as to the Giveaway.
  4. Giveaway Period: Entries will be accepted online starting on or about December 19, 2024, and ending December 22, 2024. All entries must be received by December 22, 2024 11:59 PM EST.
  5. How to Enter: There are two ways to enter the Giveaway:
    1. Primary Method: Enter the Giveaway by completing the below social media steps during the Giveaway Period. The steps must be completed as specified, to be eligible to win a prize.
      1. Follow on Instagram
      2. Tag a friend in the comments
    2. Alternative Method: Enter by sending an email to during the Giveaway Period. The email must contain the following information: Entrant’s desire to enter the Giveaway, Entrant’s complete name, complete name of Entrant’s organization (if applicable), and a functioning email address at which to contact Entrant if Entrant’s entry is selected as a potential prize winner.
  6. If you choose an email as your alternative method of entry, you agree to receive autodialed messages from us about the sweepstakes. Consent is not a condition of purchase. Reply STOP to end. Message and data rates may apply.
  7. Entries that are not complete or do not adhere otherwise to the Rules may be disqualified at the sole discretion of Sponsor. If you use fraudulent methods of entry or otherwise attempt to circumvent the Rules, your entry may be disqualified at the sole discretion of Sponsor.
  8. Prize: One official NBA basketball, and one autographed print, with an approximate retail value not to exceed $300, will be awarded and delivered to the Entrant/organization identified by Entrant on the winning entry, which will be randomly chosen from all eligible entries received regardless of the method of entry used. The potential winning Entrant/organization identified in the entry may be requested to complete an Affidavit of Eligibility, Publicity Release and Limitation of Damages at the discretion of Sponsor before the prize will be awarded. No cash or other prize substitution permitted except at Sponsor’s sole discretion; Sponsor may decide to award a prize of equal or greater value if the prize described is unavailable for any reason. The prize is non-transferable. All prize-related expenses, including without limitation any and all federal, state, and/or local taxes shall be the sole responsibility of the winning organization. Unless prohibited by law, acceptance of prize constitutes permission for Sponsor to use the winning Entrant’s name, likeness, and organization for purposes of announcing the winner and for all other advertising and trade purposes of Sponsor without further compensation.
  9. Odds: The odds of winning depend on the number of eligible entries received.
  10. Winner Selection and Notification: One (1) potential winner will be selected in a random drawing under the supervision of Sponsor within a week of the end of the Giveaway Period. The provisional winner will be notified via email to the email address used in the Giveaway entry within five (5) days following the winner selection. Sponsor shall have no liability for a provisional winner or winner’s failure to receive notices due to winners’ spam, junk e-mail or other security settings or for winners’ provision of incorrect or otherwise non-functioning email or other contact information. If a selected winner cannot be contacted, is ineligible, fails to claim the prize within 15 days from the time award notification was sent, or fails to timely return a completed Affidavit of Eligibility, Publicity Release and Limitation of Liability as requested by Sponsor, the prize may be forfeited and an alternate winner selected in Sponsor’s sole discretion.
  11. ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER (AT SPONSOR’S SOLE DISCRETION) WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS WINNER OF THE GIVEAWAY AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
  12. Rights Granted by Entrant/Entrant’s Organization: By entering this Giveaway via the above-described social media steps, or by email, you agree that the Sponsor and anyone acting on behalf of Sponsor or its respective licensees, successors and assigns will have the right, where permitted by law, without any further notice, review or consent to print, publish, broadcast, distribute, and use, worldwide in any media now known or hereafter in perpetuity and throughout the World, your entry, including, without limitation, the entry and winner’s name, portrait, picture, voice, likeness, image or statements about the Giveaway, and biographical information, including the Entrant’s organization name for trade, advertising, public relations and promotional purposes of Sponsor without any further compensation.
  13. Termination of Giveaway: Sponsor reserves the right, in its sole discretion to cancel, terminate, modify or suspend the Giveaway should (in its sole discretion) a virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Giveaway. In such case, Sponsor may select the recipients from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor reserves the right at its sole discretion to disqualify any person or entity who tampers or attempts to tamper with the entry process or the operation of the Giveaway or website, or violates these Rules.
    Any attempt by an Entrant to deliberately damage any web site or undermine the legitimate operation of the Giveaway may be a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek damages from any such person or entity to the fullest extent permitted by law.
  14. Privacy: Information submitted in any Giveaway entry is subject to Sponsor’s Privacy Policy, which can be found at . In particular, by entering the Giveaway, you agree to receive email newsletters and other emails periodically from Sponsor. You can opt-out of receiving these communications and any other communications at any time by clicking the applicable unsubscribe link.
  15. Limitation of Liability: By entering you agree to release and hold harmless Sponsor 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) Entrant’s participation and/or their organization’s participation in the Giveaway and/or the acceptance, possession, use, or misuse of the Prize or any portion thereof, (ii) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (iii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Giveaway; (v) electronic or human error which may occur in the administration of the Giveaway or the submission or use of entries.
  16. Disputes: THIS GIVEAWAY IS GOVERNED BY THE LAWS OF NEW YORK WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Giveaway, Entrant agrees that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with this Giveaway, shall be resolved individually, without resort to any form of class action, exclusively before an arbitrator located in New York having jurisdiction. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys’ fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Giveaway), and participant further waives all rights to have damages multiplied or increased.
  17. General: By entering this Giveaway, each Entrant or prize winner warrants that, (a) the Entrant or prize winner has read, understood and followed these Rules; (b) the Entrant or prize winner agrees to be bound by all decisions of the Sponsor; and (c) the Entrant or prize winner is eligible under these Rules. A potential prize winner may be subject to verification and investigation before being awarded the Prize. In case of a dispute over the identity of an Entrant who submitted a winning entry, the authorized account holder of the social media/email account associated with that entry will be deemed the Entrant. Such email owner must comply with these Rules, and be the person who completed the act of entering.
  18. Sponsor’s failure to enforce any term of the Rules will not constitute a waiver of that provision or bar Sponsor from enforcing that term in other circumstances or as to any other Entrant.
  19. The headings in these Rules are inserted for convenience and ease of reference, and are not intended to describe, interpret, define or limit the scope or intent of the Rules. By submitting an entry, each Entrant waives any right he or she may have to claim ambiguity or any advantage or impact on interpretation of these Rules that may arise.
  20. Winners List: Once selected, the winner(s) will be contacted via email, and their names will be posted on the Earth’s Splendor website and/or social media.
  21. Sponsor: The Sponsor of the Giveaway is Earth’s Splendor, 165 Oser Ave, Hauppauge, NY 11778.
  22. X (as applicable): This promotion is in no way sponsored, administered, or associated with X or the NBA. By entering, Entrants confirm that they are 18+ years of age, release X of responsibility, and agree to X’s Terms of Use.
  23. Instagram (as applicable): This promotion is in no way sponsored, administered, or associated with Instagram or the NBA. By entering, Entrants confirm that they are 18+ years of age, release Instagram of responsibility, and agree to Instagram’s Terms of Use.