Gourmet Marshmallows Gift with Purchase Terms & Conditions

ELIGIBILITY: This Free Gift with Purchase Promotion ("Promotion") is open only to those who are eighteen (18) years of age or older 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 he or she is eighteen years of age at the time of purchase and otherwise fully agree and comply with these Promotion Terms.

HOW TO CLAIM A FREE GIFT: To claim a free gift (each, a "Gift"), spend $60+ and gift will automatically be added to order. 

The Promotion period will begin on January 25, 2025 at 12:00AM PST and continue until February 16, 2025 at 11:59PM PST.  ("Promotion Period"). California Marshmallow Company is not 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.


AVAILABLE FREE GIFTS:
-Free heart shaped strawberry shortcake marshmallow, value of $5 USD. 

RESTRICTIONS AND AVAILABILITY: Gifts are provided on a first come, first served basis while supplies last. Not all Gifts listed above may be available throughout the Promotion Period. The Gift is not for resale and will not be replaced if lost or stolen. The Gift is limited to one (1) Gift per household while supplies last. 

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.
If, in CALIFORNIA MARSHMALLOW COMPANY’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, CALIFORNIA MARSHMALLOW COMPANY reserves the right to terminate the Promotion and distribute the Gifts in its sole discretion. Any attempt to deliberately damage the CALIFORNIA MARSHMALLOW COMPANY 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, CALIFORNIA MARSHMALLOW COMPANY reserves the right to seek remedies and damages (including attorney's fees) to the fullest extent of the law, including pursuing criminal prosecution.

DISCLAIMER: GIFTS ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT FURTHER WARRANTY OF ANY KIND. CALIFORNIA MARSHMALLOW COMPANY 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.

LIMITATION OF LIABILITY: BY PARTICIPATING IN THE PROMOTION, PARTICIPANTS, ON BEHALF OF THEMSELVES AND THEIR HEIRS, EXECUTORS, ASSIGNS AND REPRESENTATIVES, RELEASE AND HOLD CALIFORNIA MARSHMALLOW COMPANY AND ALL WHO WORK AT CALIFORNIA MARSHMALLOW COMPANY 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, LIABILTIES 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 CALIFORNIA MARSHMALLOW COMPANY in its sole discretion.

DISPUTES: As a condition of participating in the Promotion, participants agree that any and all disputes that cannot be resolved between participant and CALIFORNIA MARSHMALLOW COMPANY, 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 California and participant irrevocably consents to the jurisdiction of the federal and state courts located in the State of California 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 California (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.

PRIVACY AND ADDITIONAL TERMS: Information collected from participants in connection with the Promotion is subject to CALIFORNIA MARSHMALLOW COMPANY’S privacy policy, which may be found at https://www.camarshmallowco.com/privacy-policy. All purchases are subject to Terms of Service: https://www.camarshmallowco.com/terms-conditions.


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