Gift With Purchase Terms & Conditions

OUR 2ND BIRTHDAY x GIFT WITH PURCHASE T&Cs

 

All federal, state, local and municipal laws and regulations apply. Void where prohibited.

 

 

 
1.
Eligibility

 

 

This Free Gift with Purchase Promotion (the "Promotion") is open to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old at the time of purchase. By participating in the Promotion as described in these terms and conditions (the "Promotion Terms"), each participant represents and warrants that they are eighteen (18) years of age at the time of purchase and otherwise fully agree and comply with these Promotion Terms.

 

 

 

 
2.
Promotion Period

 

  

The Promotion begins on October 1, 2023 at 12:00 AM EST and ends on October 7, 2023 at 11:59 PM EST (the "Promotion Period"). None of MOODEAUX, LLC. ("MOODEAUX") is responsible for any inability to access the Promotion or claim a Gift due to difficulty accessing the internet, service outage or delays, computer difficulties and other technological problems.

 

 

 

 
3.
How to Claim a Free Gift

 

  

To claim a free surprise gift (each, a "Gift"), you must place a new order with a subtotal after discount (if any) of at least $75.00 before subject sales tax. No orders placed outside of the promotional period are eligible for the Gift. Gift is limited to one (1) per transaction, while supplies last. Orders totaling $150.00 and above are not eligible for two (2) or more Gifts, but separate transactions each totaling a minimum of $75.00 are eligible for the offer. The offer may be used in conjunction with other MOODEAUX promotional coupons/discounts, so long as the cart value before subject sales tax exceeds $75.00.

 

 

 

 
4.
Restrictions and Availability

 

  

Gift is provided on a first come, first served basis while supplies last.  The Gift is not for resale and will not be replaced if lost or stolen. The Gift is limited to one (1) Gift per qualifying order while supplies last. All free Gifts are subject to availability, cannot be returned or exchanged, and there are no alternatives or any other Gifts. Products ordered during the promotional period also cannot be returned or exchanged.

 

 

 

 
5.
Other Rules

 

  

This Promotion is subject to all applicable laws and is void where prohibited. Gift recipients (each a "Recipient") assume all liability for any injuries or damage caused or claimed to be caused by participation in this Promotion or by the use or misuse of the Gift. 

MOODEAUX reserves the right to merge orders going to the same address into one shipment, cancel any orders deemed fraudulent or that contain multiple discounts that thereby go against these terms. 

 

If, in MOODEAUX's opinion, there is any suspected or actual evidence of fraud, electronic or non-electronic tampering or unauthorized intervention with any portion of this Promotion, or if fraud or technical difficulties of any sort (e.g., computer viruses, bugs) compromise the integrity of the Promotion, MOODEAUX reserves the right to terminate the Promotion and distribute the Gifts in its sole discretion. Any attempt to deliberately damage the MOODEAUX website or undermine the legitimate operation of the Promotion may be in violation of U.S. criminal and civil laws and will result in disqualification from the Promotion. Should such an attempt be made, MOODEAUX reserves the right to seek remedies and damages (including attorney's fees) to the fullest extent of the law, including pursuing criminal prosecution.

 

 

 

 
6.
Disclaimer

 

  

GIFTS ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT FURTHER WARRANTY OF ANY KIND. MOODEAUX HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE GIFTS.

 

 

 

 
7.
Limitation of Liability

 

  

BY PARTICIPATING IN THE PROMOTION, PARTICIPANTS, ON BEHALF OF THEMSELVES AND THEIR HEIRS, EXECUTORS, ASSIGNS AND REPRESENTATIVES, RELEASE AND HOLD MOODEAUX AND ITS RESPECTIVE SUBSIDIARIES, AFFILIATED COMPANIES, UNITS AND DIVISIONS, AND THE CURRENT AND FORMER OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUCCESSORS AND ASSIGNS OF EACH OF THE FOREGOING, AND ALL THOSE ACTING UNDER THE AUTHORITY OF THE FOREGOING, OR ANY OF THEM (INCLUDING, BUT NOT LIMITED TO, ADVERTISING AND PROMOTIONAL AGENCIES AND GIFT SUPPLIERS) (EACH A "RELEASED PARTY"), HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, INJURY, LOSS, DAMAGES, LIABILITIES AND OBLIGATIONS OF ANY KIND WHATSOEVER (COLLECTIVELY, THE "CLAIMS") WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, WHICH PARTICIPANT EVER HAD, NOW HAVE, OR HEREAFTER CAN, SHALL OR MAY HAVE, AGAINST THE RELEASED PARTIES (OR ANY OF THEM), INCLUDING, BUT NOT LIMITED TO, CLAIMS ARISING FROM OR RELATED TO THE PROMOTION OR PARTICIPANT'S PARTICIPATION IN THE PROMOTION (INCLUDING, WITHOUT LIMITATION, CLAIMS RELATING TO THE RECEIPT, OWNERSHIP, USE, MISUSE, TRANSFER, SALE OR OTHER DISPOSITION OF THE GIFT.

 

All matters relating to the interpretation and application of these Terms and Conditions shall be decided by MOODEAUX in its sole discretion.

 

 

 

8.
Disputes

 

 

As a condition of participating in the Promotion, participants agree that any and all disputes that cannot be resolved between participant and MOODEAUX, and causes of action arising out of or connected with the Promotion or these Terms and Conditions, shall be resolved individually, without resort to any form of class action, exclusively before a court of competent jurisdiction located in the State of New York and participant irrevocably consents to the jurisdiction of the federal and state courts located in the State of New York with respect to any such dispute, cause of action, or other matter.

 

All disputes will be governed and controlled by the laws of the State of New York (without regard for its conflicts-of-laws principles). Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby irrevocably waives all rights to claim, punitive, incidental, or consequential damages, or any other damages, including attorneys' fees, other than participant's actual out-of-pocket expenses (i.e., costs incurred directly in connection with participant's participation in the Promotion), and participant further irrevocably waives all rights to have damages multiplied or increased, if any. EACH PARTY EXPRESSLY WAIVES ANY RIGHT TO A TRIAL BY JURY. All federal, state, and local laws and regulations apply.

 

 

 

 
9.
Privacy and Additional Terms

 

 

Information collected from participants in connection with the Promotion is subject to MOODEAUX's privacy policy, which may be found at https://moodeaux.com/pages/privacy-policy. All MOODEAUX purchases are subject to Promotion and MOODEAUX's Terms of Service: https://moodeaux.com/pages/terms-conditions.

 

BY PARTICIPATING, YOU AGREE THAT YOU HAVE READ AND AGREE TO THESE TERMS AND CONDITIONS.