HEALTH NUT GIFT WITH PURCHASE PROMOTION TERMS

ABRAMS (“Sponsor”) is offering the following promotional offer (“Offer”) in connection with any orders of the hardcover edition of Jess Damuck’s (“Author”) book entitled Health Nut: A Feel-Good Cookbook in accordance with these Promotion Terms (“Terms”).

TO QUALIFY FOR THE OFFER, ORDERS OF HEALTH NUT MUST BE MADE BETWEEN 9:00:00 AM ET ON AND 11:59:59 PM ET ON APRIL 11,2024  (“ORDER END DATE”).  REGISTRATION FORMS (WITH PROOF OF PURCHASE) MUST BE SUBMITTED BY 11:59:59 PM ET ON APRIL 11, 2024 OR WHILE SUPPLIES LAST, WHICHEVER OCCURS FIRST (“PROMOTION PERIOD”).  ALLOW SIX (6) TO EIGHT (8) WEEKS FOR DELIVERY BY MAIL FROM HEALTH NUT ON SALE DATE 3/26/24

  1. Custom Health Nut Bag Offer: To receive an exclusive custom Health Nut bag (“Custom Health Nut Bag Gift”), you must order Health Nut from Sponsor or any authorized retailer that allows orders of Health Nut by the promotion End Date and complete registration via the designated form on jessdamuck.com during the Promotion Period, including submitting proof of purchase.  A valid US mailing address must be provided to Sponsor in order to receive the Custom Health Nut bag Gift.  Offer limited to residents of the fifty (50) United States and D.C. (including any APO/FPO military addresses), aged 18 or older.   Limit of one (1) Custom Health Nut bag Gift per person, regardless of the number of orders made.  OFFER IS AVAILABLE ONLY WHILE SUPPLIES LAST AND IS REDEEMABLE ONLY IN ACCORDANCE WITH THESE TERMS. In the event you violate these Terms, in addition to any other rights that Sponsor may have, Sponsor reserves the right to withhold or revoke any rights you may have in the Custom Health Nut Bag Gift (collectively, the “Gift”), as well as cancellation of Offer and/or return of the Custom Health Nut Bag Gift to Sponsor, as determined by Sponsor in its sole discretion. If you do not redeem this Offer within Promotion Period, you will not be entitled to receive the Custom Health Nut Bag Gift.

    A. General Conditions for Promotion Offer (“Offer”). No substitutions or cash redemptions. Offer is not transferable. Sponsor is not responsible for late, non-compliant, or misdirected requests. Receipt of Gift requires a valid email address. Requests from clubs or organizations and requests not complying with all offer requirements will not be honored. Theft, diversion, reproduction, transfer, sale or purchase of this offer is prohibited and constitutes fraud.  Any fraudulent submission will be prosecuted to the fullest extent of the law.  Offer is void if copied, transferred, sold, exchanged or expired.  Offer is void if contains printing or other mechanical errors or is printed or produced in error, or if not obtained through authorized, legitimate channels, or if any part is defective, illegible, altered, duplicated, photocopied, reproduced, forged, counterfeited, defaced, mutilated or tampered with in any way.  Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Promotion should (in its sole discretion) non-authorized human intervention, fraud, epidemics, pandemics, or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Promotion.  Void where prohibited, taxed, or restricted by law. All federal, state and local laws and regulations apply.

By participating, you agree to release and hold harmless Jess Damuck, ABRAMS and their respective advertising and promotion  agencies and their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors (collectively, the “Released Parties”), from and against any liability, loss, claims or causes of action arising out of participation in the Promotion and/or receipt, use or misuse of the Offer or Gift, including, but not limited to: (a) unauthorized human intervention in the Promotion; (b) errors in the administration of the Promotion; (c) the processing, fulfillment or redemption of the Offer or Gift; (d) technical, mechanical or printing errors; and/or (e) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from participation in the Promotion or receipt or use of a Gift. You further agree that in no event shall the Released Parties be liable for attorney’s fees. YOU WAIVE THE RIGHT TO CLAIM ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, PUNITIVE, CONSEQUENTIAL, DIRECT, OR INDIRECT DAMAGES.

  1. Disputes; Governing Law. The parties waive all rights to trial in any action or proceeding instituted in connection with these Terms, including, without limitation, the Offer. Any controversy or claim arising out of or relating to these Terms and/or the Offer shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of New York, City of New York.

THESE TERMS AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Terms and/or in connection with the entering of any judgment on an arbitration award in connection with these Terms and/or the Offer, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to the County of New York in the State of New York.  The parties agree not to raise the defense of forum non conveniens.

  1. Sponsored by: ABRAMS, 195 Broadway, New York, New York 10007.