Terms of service
These Terms and Conditions of Service ("Terms" or “Terms and Conditions”) govern your use of the Terns, Inc. Website, www.terns.com, and any other digital properties (collectively, the “Website” or “Site”) operated by Terns, Inc. (the “Company”, “we”, or “us”). By accessing our website and making a purchase, you agree to these Terms. Please read them carefully before using our website or making a purchase.
THESE TERMS CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THE WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH THE COMPANY, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
Terms of Use
By accessing and using the Site, you agree that you have a duty to read these Terms and Conditions, that you have done so, and that you accept these Terms and Conditions in full, including, without limitation, the Disclaimer and Limitation of Liability set forth further below. Furthermore, you understand and accept that you are precluded from using lack of reading as a defense against all remedies contained herein. If you disagree with any part of these Terms and Conditions, you are prohibited from using the Website.
License to Use Site
Subject to your compliance with these Terms and Conditions, we or our content providers (as applicable) grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the material and content available or otherwise accessible on the Site (the “Content”). This license does not allow you to resell or make any commercial use of the Site, the Contents or our products sold through the Site; make any derivative use of any of our Content; download, copy, or other use any account information for the benefit of any third party; or use any data mining, robots, or similar data gathering and/or extraction tools. All rights not expressly granted to you in these Terms and Conditions are reserved and retained by us or our licensors, suppliers, publishers, rightsholders, or other content providers. No Content on, or product sold through, the Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our prior express written consent. You may not misuse our products or Content. You may use the Site only as permitted by law and these Terms and Conditions. The licenses we have granted you terminate if you do not comply with these Terms and Conditions.
Access To This Site
You must be eighteen (18) years or older to use the Website and to purchase goods or services on the Website. By using the Website (and, thus, agreeing to the Terms and Conditions) you warrant and represent that you are at least eighteen (18) years of age. Due to the age restrictions for use of the Website, no information obtained by this site falls within the Child Online Privacy Act (COPA) and is not monitored as doing so.
To access the Site or some of the products and resources it has to offer, you may be asked to provide certain personal information or other details for registration or order purposes. It is a condition of your use of the Site that all the information you provide to Company be true, accurate, current and complete. If you provide any untrue or inaccurate information, or if we have reasonable grounds to suspect that such information is untrue or inaccurate, we may refuse all current and future use by you of our Website. Account information and certain other information about you are subject to the terms of our Privacy Policy which is available here.
Restrictions on Use
You may use the Site only for the purposes expressly permitted by the Site. You may not use the Site for any other purpose, including any commercial purpose, without our express prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand the Site, (ii) frame or use framing techniques to enclose any of our trademarks, logos, or other proprietary information (including images, text, page layout, or form), (iii) hyperlink to the Site, or (iv) use any meta tags or any other “hidden text” using our name or trademarks without the express prior written permission of one of our authorized representatives. For purposes of these Terms and Conditions, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that associates our product with someone other than us or that such other party has the right to display, publish, or distribute this site or content accessible within the Site. You agree to cooperate with our Company in causing any unauthorized co-branding, framing or hyperlinking to cease immediately.
No material from the Site may be modified, translated, decompiled, disassembled, broadcast, licensed, sublicensed, transferred, sold, mirrored, framed, exploited, rented, leased, copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way.
Orders and Payments
● Order Placement: When you place an order on our Website, you agree to provide accurate and complete information, including your billing address, shipping address, and payment details.
● Payment: You agree to pay the total amount specified at the time of purchase, including any applicable taxes and shipping fees.
● Payment Methods: We accept payment via credit card, debit card, and other payment methods specified on our Website.
Shipping and Delivery
● Shipping Policy: We will ship your order to the shipping address provided at the time of purchase. Please refer to our Shipping Policy for more information, available here .
● Delivery: We will make reasonable efforts to deliver your order within the estimated delivery timeframes. However, we are not responsible for delays beyond our control.
Returns and Refunds
● Return Policy: Please refer to our Return Policy for information on returns and refunds, which is available here.
Privacy
We collect personal information from you in accordance with our Privacy Policy. By using our Website and making a purchase, you consent to the collection, use, and disclosure of your personal information as described in our Privacy Policy, available here.
Proprietary Information
The material and content (referred to as the “Content” below) accessible from the Site, and any other World Wide Web site owned, operated, licensed, or controlled by us is our proprietary information or the proprietary information of the party that provided the Content to us, and we or the party that provided the Content to us retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, displayed or transmitted in any way without our prior written consent, or unless authorized in writing elsewhere on our Site, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms and Conditions violates our intellectual property rights. You do not obtain title or any rights, including but not limited to intellectual property rights, to any of the Content as a result of accessing this site.
Hyperlinks
The Website may contain links to third-party websites. The Company provides these hyperlinks as a convenience only and does not sponsor or endorse any of these sites or their contents. The Company is not responsible for the content of, and does not make any representations or warranties regarding the content or materials on, such linked third-party websites. If you decide to access or rely on information at a linked third-party website, you do so at your own risk.
The Company has no control over these linked sites, all of which have separate privacy and data collection practices, independent of the Company. Nonetheless, the Company seeks to protect the integrity of its website, and therefore requests any feedback on sites to which it links, including if a specific link does not work.
Disclaimers
Health Information / FDA Disclosure
Any statements on this site or any materials or products we distribute or sell have not been evaluated by the Food and Drug Administration (“FDA”). Neither the products nor the ingredients in any of the products available on the Website have been approved or endorsed by the FDA or any regulatory agency. The products on the Site are not intended to diagnose, treat, cure or prevent any disease. The information on this site or other materials we may provide to you are designed for educational purposes only and are not intended to be a substitute for informed medical advice or care. This information should not be used to diagnose or treat any health problems or illnesses without consulting a doctor.
Submissions
You hereby grant to us and our affiliates a license-free, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, transferable, fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information you communicate to us from the Website (together, the “Submissions”) throughout the world in any media, and to incorporate any Submission in other work in any form, media, or technology now known or later developed. You represent and warrant that you own or control all of the rights to your submissions. We will not be required to treat any Submission as confidential, and may use any Submission in our business (including, but not limited to, for products and advertising) without incurring any liability for royalties or any other compensation of any kind, and we will not incur any liability as a result of any similarities that may appear in our future operations. We will treat any personal information that you submit to the Website in accordance with our Privacy Policy as set forth on the Website.
Limitation of Liability
To the fullest extent permitted by law, we disclaim all warranties, express or implied, regarding the products sold on our Website. We will not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with your use of our Website or the purchase of products from us.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. We do not assume any responsibility or risk for your use of the Internet. The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices we have provided. Investors, borrowers, and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own judgment. Information obtained by using the Site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals.
YOUR USE OF THE SITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, OR STATUTORY. WE HEREBY DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOU, AND NOT US, ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SITE OR ITS CONTENT. WE MAKE NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND WE DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE CONTENT. All of the information in the Site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on the Site, and we do not undertake any obligation to update such information after it is posted or to remove such information from the Site if it is not, or is no longer, accurate or complete.
You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. We do not assume any responsibility or risk for your use of the Internet. The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices we have provided. Investors, borrowers, and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own judgment. Information obtained by using the Site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals.
We shall not be held liable for any improper or incorrect use of the information, services, or products purchased on the Site and assume no responsibility for anyone’s use of the information, services, or products purchased on our Website. We will not be liable if you or anyone to whom you provide the products purchased on our Site is exposed to or comes into contact with any item to which you or the other person is allergic. We shall not be held liable for any direct or indirect damages caused in any way through the use of information or services on the Website. This includes but is not limited to procurement or substitute goods or services; loss of use, data, or profits; or business interruption. This disclaimer of liability applies to any damages or injury which may be perceived by you, the Site user, to be caused by the information or services on the Website, or by using the Website.
Governing Law
● Jurisdiction: These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles.
● Dispute Resolution: Any disputes arising out of or in connection with these Terms shall be resolved exclusively in the state or federal courts located in Florida.
Dispute Resolution and Binding Arbitration
(a) YOU AND THE COMPANY ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
(b) The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879). The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
(c) You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention to do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR WE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
(d) If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
Indemnity
You will indemnify and hold the Company and our subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (collectively, the “Indemnified Parties”) harmless from loss, damages, judgments, awards, costs, expenses, attorney’s fees and expert witness fees (collectively, “Losses”) relating to or arising out of (i) any breach of these Terms and Conditions by you, including any use of Content other than as expressly authorized in these Terms and Conditions; (ii) your Submissions to, use of, or inability to use, the Site; (iii) your use of the products purchased on the Site; or (iv) violation of any applicable laws, rules or regulations. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting losses of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from the Site.
Trademarks and Copyrights
Trademarks, service marks, logos, graphics, images, HTML, codes, multimedia clips, Java codes, button icons, banners and software appearing on the Site are our property or the property of the party that provided the trademarks, service marks, logos or copyrighted material to us. We, and any party that provided any of the foregoing to us, retain all rights with respect to any of our or their respective trademarks, service marks, logos and copyrighted material appearing on the Site. Our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us.
Electronic Communications
The communications between you and the Company use electronic means, whether you visit the Site or send the Company emails, or whether the Company posts notices on the Site or communicates with you via email. For contractual purposes, you (1) consent to receive communications from the Company in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
Release
You hereby release the Company and its members, officers, directors, employees, agents and successors (collectively, “Company Parties”) from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from (i) your use of the Site, including but not limited to, any interactions with or conduct of other users or third-party websites of any kind arising in connection with or as a result of the Terms and Conditions or your use of the Site; and (ii) any action taken by us during or as a result of our investigations and/or from any actions taken as a consequence of investigations by us or others, including law enforcement authorities. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “[a] general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by a Company Party or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Site or any services provided hereunder.
Severability
If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
Entire Agreement
These Terms, the license agreement relating to any product or service you obtain on or through the Site and the Company’s Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.
Changes to Terms
These Terms and Conditions are subject to change by the Company at any time in its discretion. Your use of the Site, including any product order, after any such changes are implemented constitutes your acknowledgment and acceptance of the changes. Please regularly review these Terms and Conditions.
Contact Us
If you have any questions or concerns about these Terms or our practices, you may contact us at hello@terns.com or 619-292-8036.
By using our website and making a purchase, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you are not permitted to use our Website or make a purchase.
WIN A TRIP TO TAVARUA, FIJI WITH TERNS SWEEPSTAKES
OFFICIAL RULES
No purchase or payment of money is necessary to enter or win this sweepstakes. A purchase or payment of money will not improve the chances of winning. This sweepstakes is in no way sponsored, endorsed or administered by, or associated with any social media platform, including without limitation; Instagram from meta (“social media platform(s)”).
The Win a Trip to Tavarua, Fiji with Terns Sweepstakes (the “Sweepstakes”) is intended for legal residents of the United States of America (“USA”) and shall only be construed and evaluated according to applicable USA law and applicable state law. You may not enter this Sweepstakes if you are not a resident of the USA (or are otherwise ineligible to enter in accordance with these Official Rules at the time of entry. The Sweepstakes is sponsored by Terns, Inc., 3550 General Atomics Court, Suite 2-640, San Diego, CA 92121 (the “Sponsor”).
ELIGIBILITY: The Sweepstakes is open to legal residents of the USA who are at least eighteen (18) years of age or have reached the age of majority in their respective state of residence at the time of entry (the “Entrants”). The Sponsor, ViralSweep LLC (the “Administrator”), their respective parent companies, employees, officers, directors, subsidiaries, affiliates, distributors, sales representatives and advertising and promotional agencies, and the officers, directors, agents, and employees of each of the foregoing (collectively, the “Released Parties”), and members of their immediate families (defined as including spouse, biological, adoptive and step-parents, grandparents, siblings, children and grandchildren, and each of their respective spouses, regardless of where they reside) or households (whether related or not) of any of the above are NOT eligible to participate in the Sweepstakes. Non-eligibility or non-compliance with any of these Official Rules will result in disqualification. Void where prohibited or restricted by law. (For the avoidance of doubt, any references in these Rules to Entrants shall also include the Entrant who is deemed the Winner (as defined below)).
AGREEMENT TO OFFICIAL RULES: By participating, Entrants agree to abide by and be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all matters relating to the Sweepstakes. Winning the Prize (as defined below) is contingent upon fulfilling all requirements set forth herein.
HOW TO ENTER: The Sweepstakes begins at 12:00:01 a.m. EST on September 5, 2025, and ends at 11:59:59 p.m. EST on November 15, 2025 (“Sweepstakes Period”). The Sponsor’s database computer is the official time-keeping device for the Sweepstakes. There are only two (2) ways to enter the Sweepstakes. The two (2) methods of entry are as follows:
1. Online – During the Sweepstakes Period, Entrants can enter the Sweepstakes by visiting https://terns.com/tavarua (the “Website”). At the Website, Entrants can enter the Sweepstakes by opting into the Sponsor’s email subscriber list. Limit one (1) opt-in entry per Entrant.
To be valid, each entry must provide all requested information. Proof of entry information at the Website is not considered proof of delivery to or receipt by Sponsor of an entry. Entries made by any other individual or any entity, and/or originating at any other website or email address, including, but not limited to, commercial Sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes. The use of automated entry devices is prohibited, and no mechanically reproduced entries are allowed; all such entries are void.
BONUS ENTRIES: Entrants can obtain bonus entries post-registration at the Website thru any of the following actions:
-Instagram: Follow the Sponsor on Instagram the provided link and tag a friend on Giveaway Announcement Poster grid post. Completing the above with generate one (1) Sweepstakes entry. Limit one (1) bonus entry (through this feature) per Entrant. Public Instagram profiles tagging @ternsactive may be viewed, shared, and used by Terns for promotional purposes. Void where prohibited.
-Purchase: Purchase a Terns product at www.terns.com using the promo code, FIJI, during the Sweepstakes Period and receive fifty (50) entries per purchase.
-Video: Send the Sponsor a DM via Instagram with a video (not exceeding 15 seconds in duration) showcasing how you use Terns products; purchased product must appear in video (examples: before and after testimonial, travel, post-sun skincare routine). Each posted video will generate one hundred (100) Sweepstakes entries. Limit one hundred (100) bonus entries (through this feature) per Entrant.
Entrants represent and warrant that their submitted entry is the original work of the Entrant, has not been previously published, has not won previous awards, and does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity and must have been created in a legal and safe manner. If the entry contains any material or elements that are not owned by the Entrant or provided by the Sponsor, and/or are subject to the rights of third parties, the Entrant is responsible for obtaining, prior to submission of the entry, any and all releases and consents necessary to permit the use and exhibition of the entry by Sponsor in the manner set forth in these Official Rules, including, without limitation, name and likeness releases for any person who appears in or is identifiable in the entry (collectively, the “Clearances”). By submitting an entry, an Entrant warrants and represents that he or she consents to the submission and use of the entry in the Sweepstakes.
By submitting an entry, each Entrant: 1) irrevocably grants Sponsor a royalty-free non-exclusive license throughout the world to use, re-use, copy, publish, republish in whole or in part, edit, add to, modify, and rearrange the entry in whatever media, including without limitation edit, rearrange, and/or copy the entry for use in the Sweepstakes of Sponsor's products and services, without further permission, consideration or payment to the Entrant, except where prohibited; 2) warrants and represents that the Entry is entirely the original creation/work of the Entrant and that use of the Entry as described herein will not violate any law or infringe upon the rights, title, claim or interest of any third party; and 3) certify that Entrant is the creator and sole copyright owner of the Entry.
Entries may not contain any image or depiction of the following: (i) materials which include or constitute trademarks, trade names or copyrighted works created or owned by any person or entity other than Entrant or for which the Entrant has obtained owner’s written permission to use (Sponsor’s discretion); (ii) materials bearing profanities, or bearing the name or likeness of any celebrity, living or dead; (iii) materials which contain visible identifiable or potentially identifiable information, including but not limited to, phone numbers, website links, street addresses, e-mail addresses or license plate numbers; (iv) inappropriate behavior for a general audience; (v) any depiction of real or simulated sexual acts; (vi) violence in any form; (vi) materials which violate anyone’s reasonable privacy expectations, violate any known agreement, or which are defamatory in nature; (viii) materials which are derogatory to Sponsor, or any affiliated entity or person; (ix) materials which are discriminatory based on race, religion, national origin, physical disability, age, sex, or sexual orientation or preference; (x) materials in which any person identifiably appears unless Entrant has obtained an appropriate written release from such person granting all rights required herein; and, (xi) materials which do not comply with all other requirements in these Official Rules. Entries that do not conform to these guidelines will be disqualified. Sponsor reserves the right to reject or disqualify any entry which Sponsor, in its sole and absolute discretion, determines to be inconsistent with the letter or spirit of the Official Rules or potentially damaging to its, the Sweepstakes’, or another’s image or reputation.
NOTE: Limit one (1) size large t-shirt per customer (first order using code FIJI, determined by unique email). No exchanges, returns, or size substitutions. T-shirt ships separately from product order. While supplies last; offer may change or end without notice.
2. Via Mail - During the Sweepstakes Period, Entrants can obtain Sweepstakes entries by legible hand-printing, on a 3”x 5” card or paper, their full name, complete mailing address, phone number, date of birth, email address, and mailing the card in a #10 business-sized envelope, with proper postage affixed, to: Terns Sweepstakes, PO Box 314, Macedon, NY 14502-0314 (the “Mail-In Entry”). All entries must be postmarked by November 15, 2025, and received by November 20, 2025. Each mail-in entry received will be worth one hundred fifty (150) Sweepstakes entries. **NOTE: Mail-in entry card and envelope must be hand-printed by the Entrant only. In addition, Entrants are not permitted to use any 3rd party organization to assist with the entry process in any way (as determined by the Administrator). Each Envelope must be mailed individually. Bulk shipments of entries will not be accepted. No correspondence will be acknowledged; request for confirmation of receipt of mail-in entries will not be acknowledged.
Entrants are limited to one thousand [1000] total entries in the Sweepstakes, regardless of method of entry. The Released Parties are not responsible for late, incomplete, delayed, undelivered, or misdirected entries. All entries become the exclusive property of Sponsor and will not be acknowledged or returned except as provided herein. By participating, you consent to Sponsor’s and its agents’ use of your personal information for the administration of this Sweepstakes. All information submitted by Entrants will be treated according to Sponsor’s Privacy Policy, available at https://terns.com/policies/terms-of-service By entering the Sweepstakes and providing their email address and other contact information, Entrants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s Privacy Policy.
GENERAL CONDITIONS: If for any reason the operation or administration of this Sweepstakes is impaired or incapable of running as planned for any reason, including but not limited to (i) infection by computer virus, bugs, (ii) tampering, unauthorized intervention, (iii) fraud, (iv) technical failures, or (v) any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Sweepstakes in whole or in part, at any time, without notice and award the Prize (defined below) using all non-suspect eligible entries received as of, or after (if applicable) this cancellation, termination, modification or suspension date, or in any manner that is fair and equitable and best conforms to the spirit of these Official Rules. Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be tampering or attempting to tamper with the entry process or the operation of the Sweepstakes or Sponsor’s Website; or acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE; THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to the identity of a Winner based on an email address, the winning entry will be declared by the authorized account holder of the email address associated with the registration in question. "Authorized account holder" is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Sweepstakes, Entrants agree to release and hold harmless the Released Parties and Social Media Platforms from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any Prize, including, but not limited to: (i) any technical errors that may prevent an Entrant from submitting an entry; (ii) unauthorized human intervention in the Sweepstakes; (iii) printing errors; (iv) errors in the administration of the Sweepstakes or the processing of entries; or (v) injury, death, or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Sweepstakes or receipt of the Prizes (defined below). Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Released Parties are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer online systems, servers, or providers, computer equipment, software, failure of any email or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any Website, or any combination thereof, including any injury or damage to Entrant's or any other person's computer relating to or resulting from participation in this Sweepstakes or downloading any materials in this Sweepstakes. Entrants further agree that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Released Parties be liable for attorney fees. Entrants waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. For New Jersey Residents: nothing herein bars recovery of damages or attorneys’ fees were mandated by statute.
Except as expressly provided above, IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF PARTICIPATION IN THIS SWEEPSTAKES OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF A PRIZE.
By participating, Entrants release and agree to hold harmless the Released Parties from any and all liability for any injuries, death or losses or damages to persons or property AS WELL AS CLAIMS/ACTIONS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY that may arise from participating in this Sweepstakes or its related activities or the acceptance, possession, use or misuse of, or any harm resulting from the acceptance, possession, use or misuse of a Prize. Released Parties are not liable in the event that any portion of the Sweepstakes is cancelled due to weather, fire, strike, acts of war or terrorism, pandemic, or any other condition beyond their control.
EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
DRAWING AND NOTIFICATION: The potential Grand Prize Winner will be selected in a random drawing conducted by the Administrator. The Grand Prize drawing will be conducted on or about November 21, 2025. Odds of winning the Grand Prize will depend on the total number of eligible entries received throughout the Sweepstakes Period. The potential Grand Prize Winner will be contacted by the Sponsor or Administrator via phone, email, and/or USPS mail.
GRAND PRIZE: There will be one (1) Grand Prize available. The Grand Prize Winner (“Winner”), upon the Administrator’s confirmation of eligibility, will receive an 8-day/7-night trip for two (2) people in Tavarua, Fiji (the “Location”) (“Grand Prize” or “Prize”). The Grand Prize package includes:
-Two (2) roundtrip standard economy airfare tickets from a major commercial airport in the USA, near the Winner’s primary residence and the Location, as determined by Sponsor
-All-inclusive luxury resort experience with surf, snorkeling, fishing, wellness, & relaxation
-Rare access to a marine sanctuary protected by the Fijian community for 30+ years
-Terns products and branded swag
The Approximate Retail Value (“ARV”) of the total Grand Prize package is $13,000 USD, which will vary depending upon points of departure and destination and seasonal fluctuation of hotel rates and airfares. The value of the Prize set forth above represents Sponsor’s good faith determinations of the ARV thereof and such determinations are final and binding and cannot be appealed. If the actual value of a Prize is lower than the stated ARV when a Prize is procured and fulfilled, then the difference will not be awarded. All other expenses not specifically mentioned herein, including but not limited to, airport taxes and fees, baggage fees, ground transportation not specifically delineated, food, beverages, additional hotel amenities or fees and gratuities, are the responsibility of the Winner and/or traveling companion. The Sponsor is not responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by the air transportation carriers, hotels or other transportation companies or any other persons providing any of these services and accommodations necessitated by same. The Sponsor shall not be liable for any loss or damage to baggage and/or personal property. Travel, hotel, and other accommodations are subject to availability. The Grand Prize Winner and their traveling companion must travel on the same itinerary. The Winner and travel companion are solely responsible for obtaining documents necessary for their respective international travel (i.e., passport and visa if applicable). The trip must be fully executed by November 30, 2027, or the Prize will be forfeited. All travel dates are subject to change in the Sponsor’s sole discretion. Certain blackout dates and material restrictions may apply. NOTE: The Prize is not transferable. Substitution, assignment or transfer of the Prize is not permitted, except by Sponsor, who reserves the right to substitute the Prize or any Prize component with another of equal or greater value.
ADDITIONAL PRIZE CONDITIONS: By accepting the Grand Prize, the Winner agrees to release and hold harmless the Released Parties from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of the Prize. The potential Winner must sign and return to the Administrator, within seven (7) days of the date of notice or attempted notice is sent, an Affidavit of Eligibility, Liability & Publicity Release in order to claim the Prize. The Winner may also be requested to complete an IRS W9 form. Note: The Affidavit sent to a potential Winner will require that the Winner provide their Social Security Number to the Administrator, which will be used solely for tax reporting purposes. The Winner will be responsible for all local, state, and federal taxes associated with the receipt of the Prize. The Winner must note that the value of the accepted Prize is taxable as income, and an IRS Form 1099 will be filed in the name of the Winner for the value of the Prize. The Winner is solely responsible for all matters relating to the Prize after it is awarded. If a Prize or Prize notification is returned as unclaimed or undeliverable to the potential winner, if a potential Winner cannot be reached or does not comply with notification instructions within three (3) business days from the first notification attempt, if a potential Winner fails to return requisite document(s) within the specified time period, or if a potential Winner is not in compliance with these Official Rules, then such person shall be disqualified and, at Sponsor’s sole discretion, an alternate Winner may be selected.
By accepting the Prize, where permitted by law, the Winner grants to the Released Parties and those acting pursuant to the authority of Sponsor and the Released Parties (which grant will be confirmed in writing upon Sponsor’s request), the right to print, publish, broadcast and use worldwide IN ALL MEDIA without limitation at any time their full name, portrait, picture, voice, likeness and/or biographical information for advertising, trade and promotional purposes without further payment or additional consideration, and without review, approval or notification. The Winner also acknowledges that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the Prize.
DISPUTES: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of Entrants, Administrator, and Sponsor in connection with the Sweepstakes shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s or jurisdiction’s laws. By participating in the Sweepstakes, Entrant agrees that: (i) any and all disputes, claims, and causes of action arising out of or in connection with the Sweepstakes, shall be resolved individually without resort to any form of class action; (ii) any judicial proceeding shall take place in a federal or state court within the State of California; (iii) any and all claims, judgments , and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event will attorney fees be awarded or recoverable; (iv) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to seek, punitive, incidental, exemplary, consequential, special damages, lost profits, other damages, and/or any rights to have damages multiplied or otherwise increased; and (v) Entrant’s remedies are limited to a claim for money damages (if any) and he/she waives any right to seek injunctive or equitable relief.
SEVERABILITY: The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. If any provision of the Official Rules is determined to be invalid or otherwise unenforceable, the other provisions will remain in effect and will be construed as if the invalid or unenforceable provision were not contained herein.
MISCELLANEOUS: These Official Rules contain the full and complete understanding with respect to the Sweepstakes and supersede all prior and contemporaneous agreements, representations, and understandings, whether oral or written. The headings herein are for convenience only, do not constitute a part of these Official Rules, and shall not be deemed to limit or affect any of the provisions hereof. No amendment to, or waiver of, any provision of these Official Rules shall be effective unless in writing and signed by both Sponsor and Administrator. The waiver by Sponsor or Administrator of any provision of these Official Rules shall not constitute a waiver of any other provision herein. The rights and obligations hereunder may not be assigned by Entrants, whether by operation of law or otherwise, without the prior written consent of Sponsor, and any attempted assignment in violation of the foregoing shall be null and void. These Official Rules shall be binding upon, and inure to the benefit of, the permitted successors and assigns of Sponsor, Administrator, and Entrant.
WINNERS LIST REQUEST: To request confirmation of the first name, last initial, city, and state of residence of the Winner, please send a self-addressed, stamped business size envelope, by December 31, 2025, to: ASC/VS/Terns Sweepstakes Winners List Request, 300 State St. Suite 402, Rochester, NY 14614.