TERMS OF SERVICE AND DISCLAIMERS
DAMAGES – TN Celebration Balloons (artist) will not be liable for any damages incurred due to the actions of your (client) employees or patrons, including harm to any artist or client equipment, including any rental equipment, while such equipment is at the event site.
ACCEPTANCE – Signing this agreement or accepting it by email, payment or deposit constitutes acceptance of the terms and conditions of this contract. The client agrees to accept all responsibility for all real and personal property, and all persons, equipment, and property at the event location. Client releases artist from all liability and responsibility for all real and personal property and all persons, equipment, and property at the event location before, during, and after the event. By signing or accepting this agreement and release, artist is released from any liability, and the client will accept full liability and responsibility at the location.
SAFETY – Latex and microfoil balloons pose no threat to humans, wildlife, or the environment if handled and disposed of responsibly. Latex balloons used in decor are 100% biodegradable. Helium, if inhaled, can be life threatening. artist will not be liable for any damages in the event that the client or attendees at the event inhale helium. Children should have constant adult supervision while playing with balloons. Broken or un-inflated balloons can cause harm and should be disposed of immediately. artist is not liable for any damages in the event that the client or attendees at the event swallow balloons.
WEATHER CLAUSE/FORCE MAJEURE- Balloons are a natural material and are 100% biodegradable. Although artist uses only the finest quality balloons, some balloons may deflate sooner than expected. By their nature, balloons are susceptible to the effects of weather elements such as, but not limited to, rain, sun, temperature changes, and wind. The client understands that any balloon structure displayed outdoors is not guaranteed to last for any specific time period and that artist is not liable for the balloon structure lasting for any period of time. The same applies to force majeure events, which include fire, acts of god, vandalism, civil orders, emergencies, riots, strikes, lock-outs, work stoppages.
FULL PHOTO USAGE RIGHTS are granted to artist for any photos featuring balloons that are taken during the engagement.
THIRD PARTY PRODUCTS – The client agrees not to have other balloons present at the event/site at/for which artist will provide service, unless otherwise expressly agreed in writing by artist. artist has the right to refuse service if client violates this clause.
EQUIPMENT RENTAL – The client is renting framework items from artist for the duration of the event and is responsible for returning bases, poles, framework, lights, electrical cords, fabric, and any other such items as listed herein in good condition. Failure to return said items in undamaged condition to artist within 24 hours after the event will result in a charge of replacement costs to the client unless expressly negotiated otherwise. artist will pick up said items as agreed.
The following items are rented by the client: poles, metal bases, wood bases and framework. The following items are also rented (if applicable):_________________________________________________________________________
Magnets and framework are the property of TN Celebration Balloons. If artist is not allowed to retrieve its property, artist will charge $24.00 per magnet and $24.00 per light as they are proprietary material and not for sale. Framework charges will vary depending on rental rates per piece.
CITY ORDINANCES AND PERMITS – Client will be responsible of compliance with all city ordinances and permits pertaining to any decor and balloon releases. TN Celebration Balloons will not be liable for any fines or damages arising within the scope of non-compliance. The client understands that moving of balloon structures is not recommended and artist will not be liable for balloon structure damage and may charge a repair fee. If the structure needs to be moved or adjusted, please call artist right away and request assistance.
CHANGES – artist may make changes to designs if unexpected circumstances occur during (setup of) the event. This will be done in the best interest of the client.
REMOVAL – The client will be responsible for removal and dismantling of balloons, equipment, structures, and decor unless otherwise specified in writing. artist is responsible for removal and dismantling of balloons, equipment, structures, and décor only if specified in writing. artistwill be responsible for breakdown and remove any decor provided by artist according to specifications of site personnel. The client is responsible for verifying site cleanup regulations and notifying artist of such regulations. The client agrees that the job site will be available at the above-stated breakdown time and will verify the time with the event site personnel.
CANCELLATION – Any cancellation 90 days or more prior to event will result in return of deposit minus possible costs for materials already purchased. Any cancellation less than 90 days prior to the event will result in return of 50% of deposit minus possible costs for materials already purchased. No deposit shall be returned for cancellations less than 30 days prior to event. In the event of cancellation, client agrees to give artist at least 72 hours advance notice of cancellation. Cancellation with a notice of less than 72 hours will result in client being liable for full payment.
PAYMENT TERMS – 50% payment is due and payable at the time the order is placed. The remainder of the balance is due and payable at the date of the event before delivery of the decor. Both parties may jointly change payment terms in writing. Additional fees will be charged in the event that the client requests additional services. A reduction of services by client may result in a price reduction if the request for fewer services is made at least 14 days prior to the date of the event and agreed to by artist. An increase of services by client may result in a price increase if the request for additional services is made at least 14 days prior to the date of the event and agreed to by artist.
Official Giveaway Rules & Regulations
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.
- Eligibility: This Campaign is valid only for delivery of balloon decor to the following Tennessee areas: Knox or Sevier County, Northern Blount County, Southern Anderson County, or Eastern Jefferson County.
- Agreement to Rules: By participating, the Contestant (“You”) agree to be fully unconditionally bound by these Rules, and You represent and warrant that You meet the eligibility requirements. In addition, You agree to accept the decisions of TN Celebration Balloons as final and binding as it relates to the content of this Campaign.
- Campaign Period: Entries will be accepted as stated in the giveaway post.
- How to Enter: The Campaign must be entered as specified in the giveaway post. The entry must fulfill all Campaign requirements, as specified, to be eligible to win a prize. Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of TN Celebration Balloons.
- Prizes: The Winner of the Campaign (the “Winner”) will receive a gift certificate valued at $75. The specifics of the prize shall be coordinated between the Winner and TN Celebration Balloons. No cash or other prize substitution shall be permitted except at the discretion of TN Celebration Balloons. The prize is nontransferable. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of Winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by Winner is permitted. Acceptance of prize constitutes permission for TN Celebration Balloons to use Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
- Odds: The odds of winning depend on the number of eligible entries received.
- Winner Selection and Notification: Winner will be randomly selected by TN Celebration Balloons. Winner will be notified by email, phone call, text and/or Facebook post within 24 hours following selection of Winner. TN Celebration Balloons shall have no liability for Winner’s failure to receive notices due to spam, junk e-mail or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information. If Winner cannot be contacted, is ineligible, fails to claim the prize within 3 days from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited and an alternate Winner selected. Receipt by Winner of the prize offered in this Campaign is conditional upon compliance with any and all federal, state, and local laws and regulations.
ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (at TN Celebration Balloons sole discretion) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE CAMPAIGN, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
- Rights Granted by You: By entering this Campaign, You understand and agree that TN Celebration Balloons, anyone acting on behalf of TN Celebration Balloons, and TN Celebration Balloons licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the Campaign, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes. Without any further compensation, notice, review, or consent.
- Terms & Conditions: TN Celebration Balloons reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Campaign should virus, bug, non-authorized human intervention, fraud, or other cause beyond TN Celebration Balloons control corrupt or affect the administration, security, fairness, or proper conduct of the Campaign. In such case, TN Celebration Balloons may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by TN Celebration Balloons. TN Celebration Balloons reserves the right, at its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Campaign or website or violates these Terms & Conditions. TN Celebration Balloons has the right, at its sole discretion, to maintain the integrity of the Campaign, to void votes for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Campaign rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Campaign may be a violation of criminal and civil laws. Should such attempt be made, TN Celebration Balloons reserves the right to seek damages to the fullest extent permitted by law.
- Limitation of Liability: By entering, You agree to release and hold harmless TN Celebration Balloons 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) such entrant’s participation in the campaign and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error in the administration of the Promotion or the processing of entries.
- Disputes: THIS CAMPAIGN IS GOVERNED BY THE LAWS OF TENNESSEE WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Campaign, participant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Campaign, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Tennessee having jurisdiction. Further, in any such dispute, under no circumstances shall participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Campaign). Participant further waives all rights to have damages multiplied or increased.
- Sponsor: The Sponsor of the Campaign is TN Celebration Balloons.
- By signing up for the campaign, You, the Contestant, have affirmatively reviewed, accepted, and agreed to all of the Official Rules.