Terms and Conditions for Bokeh Creatives Giveaway

1. No Purchase Necessary

Participation in Bokeh Creatives’ giveaway projects does not require any purchase. Making a purchase will not increase your chances of being selected.

2. Eligibility

This giveaway is open only to legal residents of the United States who are 18 years or older at the time of entry. Participants who have received any gift, prize, or promotional offer from Bokeh Creatives within the past 18 months are not eligible to win. If you book an appointment under this giveaway and fall under these restrictions, you will not qualify to receive any free products offered. Void where prohibited by law.

3. Agreement to Terms

By entering, you (“Applicant”) agree to be fully and unconditionally bound by these Terms and Conditions. You also represent that you meet all eligibility requirements. All decisions made by Bokeh Creatives regarding the giveaway are final and binding.

4. Campaign Period

Applications are accepted online during the specified campaign period. Selected participants will be notified and must respond within five (5) days to claim their spot. Failure to respond will result in forfeiture of the spot, which will then be offered to the next eligible applicant.

5. How to Enter

Entries must be submitted through the official online form provided on our website or social media platforms. Only one entry per person is permitted. Any incomplete or fraudulent entries will be disqualified at Bokeh Creatives' sole discretion.

6. Prizes

Selected participants will receive a complimentary Portrait Session at Bokeh Creatives Studio and specified artwork as outlined in the giveaway promotion. Framing is not included. Digital files are not included. The ONLY included piece is what was stated in the notification email and text message. If applicable, a Grand Prize Winner will be selected on January 1. Prizes are non-transferable, non-refundable, and cannot be substituted for cash.

7. Taxes and Fees

Participants are responsible for all applicable taxes and fees related to the prizes. Grand Prize Winners will receive tax documentation for the prize’s value, as required by law.

8. Booking Process and Walk-In Option

Participants may reserve a session by paying a non-refundable reservation fee, which guarantees a time slot even if walk-in slots are filled. Participants may secure a portrait session without a deposit by calling on the first or third Thursday of the month within 30 days of being selected by calling at 8:30am the day of to find out if there are any remaining appointment slots they can fill that same day.

9. Rescheduling and Cancellation

Rescheduling requires at least 9 days' notice. Otherwise, you may reschedule with less notice by paying a $100 rescheduling fee. Cancellations are non-refundable. Arriving more than 10 minutes late will count as a cancellation.

10. Use of Name and Likeness

By accepting a prize, participants grant Bokeh Creatives the right to use their name, likeness, and entry for promotional purposes without further compensation, unless prohibited by law.

11. Privacy

Bokeh Creatives will not sell or share any personal information provided during the entry process.

12. Non-Disparagement Clause

By participating, you agree not to make any statements, whether written or verbal, or cause or encourage, or knowingly allow others to make any statements, that defame, disparage, or in any way criticize the personal or business reputation, practices, or conduct of Bokeh, its employees, directors, or officers. The Participant acknowledges and agrees that this prohibition extends to statements, written or verbal, made to anyone, including but not limited to online websites, social media, the news media, investors, potential investors, any board of directors or advisory board or directors, industry analysts, competitors, strategic partners, vendors, employees (past and present), and clients, and will refrain from performing any act, directly or indirectly, which tends to alter or diminish the reputation of any party to this agreement, through any form of communication. This includes and is not limited to anything done through sur names, friend(s), relative(s) or proxy.

13. Terms of Conduct

Bokeh Creatives reserves the right to disqualify any participant who tampers with the entry process, violates these terms, or engages in fraudulent activity.

14. Limitation of Liability

Bokeh Creatives and its affiliates shall not be held liable for any loss, injury, or damage resulting from participation in the giveaway, including but not limited to technical failures, unauthorized human intervention, or errors in administration.

15. Disputes

This giveaway is governed by the laws of the State of California and Placer County. Any disputes must be resolved exclusively in courts located in Placer County, Roseville, California. Participants waive their right to class-action lawsuits and punitive damages.

16. Force Majeure

Bokeh Creatives shall not be held responsible for any failure or delay in performance caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, government actions, pandemics, or other unforeseen events.

17. Severability

If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

18. Binding Arbitration

Any disputes arising from or related to this giveaway, which cannot be resolved amicably, shall be settled through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Placer County, California.

19. Disclaimer of Warranties

Bokeh Creatives makes no warranties, expressed or implied, regarding the prizes, services, or any products provided through this giveaway. All prizes are provided “as is.”

20. Compliance with Laws

Participants agree to comply with all applicable local, state, and federal laws and regulations.

21. Entire Agreement

These Terms and Conditions constitute the entire agreement between participants and Bokeh Creatives concerning this giveaway and supersede all prior communications, agreements, or understandings, whether written or verbal.

22. Sponsor

This giveaway is sponsored solely by Bokeh Creatives and is not affiliated with Facebook, Instagram, or any other social media platform.

23. Artwork Delivery

Gifted artwork will be delivered within 16 weeks of the ordering appointment. Custom pieces will be delivered as scheduled.

24. Decision Makers’ Presence

All decisions are made at the ordering appointment - anyone who needs to be a part of that decision process must be present for the appointment. Because this is a giveaway, we do not have a budget for any follow-up meetings - so the ordering appointment will be the only opportunity to view portraits and make purchasing decisions.

25. Final Purchase Decisions

All purchases made during the session are final and cannot be changed or canceled.

26. Framing

Framing is available for purchase. Artwork framed by Bokeh Creatives includes a lifetime warranty. Artwork not framed by Bokeh Creatives carries no warranty.

27. Artwork Pricing

Portrait artwork ranges from $500 to $30,000. Options to upgrade will be presented at the ordering appointment.

28. Modification and Cancellation

Bokeh Creatives reserves the right to modify, suspend, or cancel the giveaway for reasons beyond its control, including but not limited to fraud, technical issues, or pandemics. In such cases, participants may be selected from eligible entries received prior to the cancellation.

29. Acknowledgment

By entering, you acknowledge that you have read, understood, and agree to these terms and conditions.

29. SMS Terms of Service

By providing your phone number and opting in, you consent to receive SMS messages from Bokeh Creatives LLC regarding updates, promotions, and other important communications. Message frequency may vary.

You can cancel the SMS service at any time. Simply text "STOP" to the shortcode. Upon sending "STOP," we will confirm your unsubscribe status via SMS. Following this confirmation, you will no longer receive SMS messages from us. To rejoin, sign up as you did initially, and we will resume sending SMS messages to you.

If you experience issues with the messaging program, reply with the keyword HELP for more assistance, or reach out directly to portraits@bokehcreatives.com or 916.866.7764.

Carriers are not liable for delayed or undelivered messages.

As always, message and data rates may apply for messages sent to you from us and to us from you. Message frequency varies. For questions about your text plan or data plan, contact your wireless provider.

For privacy-related inquiries, please refer to our privacy policy: https://bokehcreatives.com/privacy-policy