So Delicious® 21 Day Dairy Free Challenge Giveaway
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A
purchase will not increase your chances of winning. VOID
WHERE PROHIBITED BY LAW OR REGULATION.
PARTICIPANTS MUST BE 18 YEARS OF AGE OR OLDER AT
THE TIME OF ENTRY. This Sweepstakes is in no way
sponsored, endorsed or administered by, or associated with
Facebook, Inc. You understand that you are providing your
information to So Delicious® Dairy Free and not to these entities.
1.
PROMOTION DESCRIPTION: The So Delicious® 21
Day Dairy Free Challenge Giveaway (the
“Sweepstakes”) begins on Wednesday, January 21, 2015
at 8:00 a.m. Pacific Standard Time ("PST") and ends on
Tuesday, February 10, 2015 at 11:59:59 p.m. PST (the
“Sweepstakes Period”). The Facebook data clock will be
the timekeeper for the Sweepstakes. There will be a
drawing for the Grand Prize at the end of the Sweepstakes.
Entry in the Sweepstakes does not constitute entry into any
other promotion, contest or sweepstakes.
2.
AGREEMENT TO THE OFFICIAL RULES: Participation in
the Sweepstakes constitutes entrant’s unconditional
acceptance of and agreement to these Sweepstakes
Official Rules (the “Official Rules”) and the decisions of the
sponsor of the Sweepstakes, So Delicious® Dairy Free,
1130 Shelley Street, Eugene, OR 97477 (the “Sponsor”)
whose decisions shall be final and legally binding in all
respects.
3.
ELIGIBILITY: The Sweepstakes is open only to legal
residents of the 50 United States, and the District of
Columbia and residents of Canada (excluding residents of
Quebec), who are eighteen (18) years of age or older at the
time of entry. Employees, officers, and directors of
Sponsor, promotion prize suppliers, and each of their
So Delicious® Dairy Free Challenge Giveaway V-5 01212015
affiliated companies, subsidiaries, licensees, distributors,
dealers, sales representatives, retailers, printers,
individuals engaged in the development, production or
distribution of Sweepstakes materials, their advertising and
promotion agencies, and any and all other persons
associated with the Sweepstakes (collectively, the
“Promotion Entities”), and each of their immediate family
members (as defined by the IRS) and/or people living in the
same household, whether related or not, are not eligible to
participate. Eligibility is subject to all federal, state, and
local laws and regulations. Void where prohibited by law.
4.
HOW TO ENTER: You can enter the Sweepstakes by
joining the Sponsor’s Facebook® group on
www.facebook.com (the "Facebook Site") during the
Sweepstakes Period. To enter the Sweepstakes (a) visit
the Facebook Site and log into your Facebook account, (b)
visit the Sponsor’s Facebook page at
https://www.facebook.com/groups/SoDeliciousDairyFreeCh
allenge/, (c) Engage in conversation with fellow group
members and share your experiences with living dairy-free
during the 21-day period that the Sweepstakes is taking
place. ENTRY DETAILS:
GRAND PRIZE: ALL entries made over the Sweepstakes
Period that meet the submission guidelines and eligibility
requirements will be entered into the Grand Prize drawing.
All entries submitted are the property of the Sponsor. Information
submitted by an entrant in connection with the Sweepstakes will
be used only by Sponsor or Sponsor’s agents for the purposes of
administering the Sweepstakes.
Entries made by any other individual other than the person
named in the entry, or by any entity, including but not limited to
commercial sweepstakes subscription notification and/or
entering services, and/or through other third-party websites or
software programs are prohibited and will be declared invalid
and disqualified for this Sweepstakes. Tampering with the entry
So Delicious® Dairy Free Challenge Giveaway V-5 01212015
process or the operation of the Sweepstakes is prohibited and
any entries deemed by Sponsor, in its sole discretion, to have
been submitted in this manner will be void. In case of a dispute
over the identity of an entrant, the authorized account holder of
the email address used to enter will be deemed to be the entrant.
“Authorized account holder” is defined as the person who is
assigned to an email address by an Internet access provider,
online service provider or other organization that is responsible
for assigning email addresses for the domain associated with the
submitted email address.
5. PRIZES/ODDS/Approximate retail value ("ARV"): Odds of
winning depend on the number of eligible entries received. Only
the prizes listed below will be awarded in this Sweepstakes.
Prize is non-assignable and non-transferable. No cash
alternative or substitution will be allowed, provided, however,
Sponsor reserves the right in its sole discretion to substitute
prize(s) of comparable value if any prize listed is unavailable, in
whole or in part, for any reason.
GRAND PRIZE DETAILS:
One (1) person will win travel and accommodations for a total of
two (2) people (the winner plus one (1) guest) to fly to Boulder,
Colorado for a personal consultation with fitness and nutrition
expert John Pierre. Trip will take place at a future date within one
(1) year of the end of the Sweepstakes with specific dates to be
determined on a case-by- case basis depending on the winner’s
personal individual schedule.
PRIZE NOTE: The prize package includes a Visa® gift card in
the amount of $2,300 to be used for flight, hotel, car rental,
meals, and entertainment during the trip. The Winner is
responsible for any and all additional food, transportation,
lodging, and entertainment expenses associated with the trip,
any applicable fees, service charges, surcharges, federal, state,
local and foreign taxes, if any, incidental charges and any other
unspecified expenses associated with acceptance or use of the
So Delicious® Dairy Free Challenge Giveaway V-5 01212015
prize.
Approximate total retail value of the entire prize package is
$2,300. 5. WINNER SELECTION AND NOTIFICATION:
All Prize awards are subject to verification by the Sponsor and
potential Prize winners must meet all eligibility requirements and
fully comply with these Official Rules. The Grand Prize drawing
will be conducted on or about 2/14/15.
All prizes are purchased and provided by So Delicious Dairy
Free, and is not the responsibility of the vendor to provide prizes
to the winners.
The Sweepstakes is conducted under the supervision of the
Sponsor. Potential prizewinners will be notified electronically.
Sponsor shall have no liability for any potential prize winning
notification that is lost, intercepted or not received by any
potential winner for any reason. If, despite reasonable efforts,
any potential prizewinner does not respond (72) hours of the first
notification attempt with potential winner's complete name and
complete mailing address, or if the prize notification is returned
as unclaimed or undeliverable to such potential prizewinner,
such potential prizewinner will forfeit his or her prize and an
alternate winner may be selected. If any potential prizewinner is
found to be ineligible, or if he or she has not complied with these
Official Rules or declines a prize for any reason prior to award,
such potential prizewinner will be disqualified and an alternate
prizewinner may be selected. If a winning entrant is from
Canada, the entrant will be required to first correctly answer a
mathematical skill testing question without assistance of any kind
(whether mechanical or otherwise) within a 2-minute time limit in
order to be eligible to win prize. The question will be
administered by phone within five (5) business days following the
drawing. If entrant cannot be contacted and the skill testing
question administered, the prize will be forfeited and an alternate
entrant will be selected.
6.
CLAIMING PRIZES: Winner is responsible for any and all
So Delicious® Dairy Free Challenge Giveaway V-5 01212015
applicable fees, federal, provincial, state and local taxes, if
any, and any other unspecified expenses associated with
acceptance or use of Prize. Winners are advised to seek
independent counsel regarding the tax implications of
accepting a Prize. Acceptance of any prize constitutes
prizewinner's permission for the Sponsor to use
prizewinner's name, photograph, image, likeness, voice,
biographical information, statements and complete address
(collectively, the "Attributes"), for advertising and/or
publicity purposes worldwide and in all forms of media now
known or hereafter devised, in perpetuity, without further
compensation or authorization, (except where prohibited by
law), and releases the Promotion Entities from all claims
arising out of the use of such Attributes.
7.
PRIZE CONDITIONS/RELEASES: Any potential winner
with a prize value greater than $600 will be required to
execute an Affidavit of Eligibility, a Liability Release, and
(where legal) a Publicity Release including a W-9 taxpayers
request for identification, (collectively, “Prize Claim
Documents”). If a winner fails or refuses to sign and return
all Prize Claim Documents within Seven (7) days of prize
notification, the winner may be disqualified and an alternate
winner may be selected. By entering and participating in
the Sweepstakes, each entrant agrees on behalf of itself
and each of entrant’s heirs, executors, and administrators
(A) to release and hold harmless Promotion Entities and
their respective officers, directors, and employees
(collectively, “Released Parties”) from any and all liability,
rights claims and causes of action that entrant may have or
which may arise against the Released Parties for any
illness, injury, death, loss, litigation, or personal or property
damage that may occur, directly or indirectly, whether
caused by negligence or not, from such entrant’s
participation in the Sweepstakes and/or his/her
acceptance, possession, use, or misuse of Prize or any
portion thereof (including any travel related thereto); (B)
So Delicious® Dairy Free Challenge Giveaway V-5 01212015
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, with respect to any Prize, including, without limitation,
to such Prize’s quality or fitness for a particular purpose;
and (C) to be bound by these Official Rules and to waive
any right to claim any ambiguity or error therein or in the
Sweepstakes itself, and to be bound by all decisions of the
Sponsor, which are binding and final. Failure to comply with
these conditions may result in disqualification from the
Sweepstakes at Sponsor’s sole discretion.
Sponsor makes no warranties, and hereby disclaims any and all
warranties, express or implied, concerning any Prize furnished in
connection with the Sweepstakes. WITHOUT LIMITING THE
GENERALITY OF THE FOREGOING, SUCH PRIZES ARE
PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY
DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND/OR NON-INFRINGEMENT.
8. DISQUALIFICATION/FORCE MAJEURE: Sponsor is not
responsible for lost, late, mutilated, misdirected, illegible,
incomplete, inaccurate, or stolen, submissions or prize
notifications. Sponsor reserves the right in its sole discretion to
disqualify any individual who is found to be tampering with the
entry process or the operation of the Sweepstakes, to be acting
in violation of the Official Rules, or to be acting with the intent to
disrupt or undermine the legitimate operation of the
Sweepstakes, or to annoy, abuse, threaten or harass any other
person, and Sponsor reserves the right to seek damages and
other remedies from any such person to the fullest extent
permitted by law. Entries that are incomplete, garbled, corrupted,
or illegible for any reason, including, but not limited to, computer
or network malfunction or congestion, are void and will not be
accepted. No forged, mechanically reproduced, softwareSo Delicious® Dairy Free Challenge Giveaway V-5 01212015
generated or other automated entries will be accepted. Sponsor
reserves the right to modify, extend, suspend, or terminate the
Sweepstakes if it determines, in its sole discretion, that the
Sweepstakes is technically impaired or corrupted or that fraud or
technical problems, failures or malfunctions or other causes
beyond Sponsor’s control have destroyed or severely
undermined or to any degree impaired the integrity,
administration, security, proper play and/or feasibility of the
Sweepstakes as contemplated herein. In the event an insufficient
number of eligible entries are received and/or Sponsor is
prevented from awarding prizes or continuing with the
Sweepstakes as contemplated herein by any event beyond its
control, including but not limited to fire, flood, natural or manmade epidemic of health of other means, earthquake, explosion,
labor dispute or strike, act of God or public enemy, satellite or
equipment failure, riot or civil disturbance, terrorist threat or
activity, war (declared or undeclared) or any federal state or local
government law, order, or regulation, public health crisis (e.g.
SARS), order of any court or jurisdiction, or other cause not
reasonably within Sponsor’s control (each a “Force Majeure”
event or occurrence), then Sponsor shall have the right to
modify, suspend, or terminate the Sweepstakes. If the
Sweepstakes is terminated before the designated end date,
Sponsor will (if possible) select the winner in a random drawing
from all eligible, non-suspect entries received as of the date of
the event giving rise to the termination. Inclusion in such drawing
shall be each entrant’s sole and exclusive remedy under such
circumstances. Only the type and quantity of prizes described in
these Official Rules will be awarded. If, for any reason, more
bona fide winners come forward seeking to claim prizes in
excess of the number of each type of prize set forth in these
Official Rules, the winners, or remaining winners, as the case
may be, of the advertised number of prizes available in the prize
category in question may be selected in a random drawing from
among all persons making purportedly valid claims for such
prize(s). These Official Rules cannot be modified or amended in
any way except in a written document issued in accordance with
So Delicious® Dairy Free Challenge Giveaway V-5 01212015
law by a duly authorized representative of Sponsor. The
invalidity or unenforceability of any provision of these Official
Rules shall not affect the validity or enforceability of any other
provision. In the event that any provision is determined to be
invalid or otherwise unenforceable or illegal, these Official Rules
shall otherwise remain in effect and shall be construed in
accordance with their terms as if the invalid or illegal provision
were not contained herein.
9.
DISPUTES: THE SWEEPSTAKES IS GOVERNED BY,
AND WILL BE CONSTRUED IN ACCORDANCE WITH,
THE LAWS OF THE STATE OF OREGON AND
APPLICABLE FEDERAL LAWS. ENTRANT AGREES
THAT ANY AND ALL DISPUTES, CLAIMS AND CAUSES
OF ACTION ARISING OUT OF OR IN CONNECTION
WITH THE SWEEPSTAKES OR ANY PRIZE AWARDED
SHALL BE RESOLVED INDIVIDUALLY, WITHOUT
RESORT TO ANY FORM OF CLASS ACTION, AND
HEREBY CONSENTS TO THE EXCLUSIVE
JURISDICTION OF THE STATE AND FEDERAL
COURTS OF OREGON. THE REMEDY FOR ANY CLAIM
BY ENTRANT SHALL BE LIMITED TO ACTUAL
DAMAGES, AND IN NO EVENT SHALL ENTRANT BE
ENTITLED TO RECOVER PUNITIVE, EXEMPLARY,
CONSEQUENTIAL, OR INCIDENTAL DAMAGES,
INCLUDING ATTORNEYS’ FEES OR OTHER SUCH
RELATED COSTS OF BRINGING A CLAIM, OR TO
RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE
OR ANY OTHER EQUITABLE RELIEF.
10.
WINNERS LIST/OFFICIAL RULES: To obtain the name of
winner, send a self-addressed stamped envelope to: SO
Delicious Dairy Free c/o Social Media Marketing Team,
PO Box 21938, Eugene, OR 97402. All such requests must
be received by 3/30/15. The Sweepstakes is not
sponsored, endorsed or authorized by Facebook or any
other manufacturer or distributor of any prize awarded by
Sponsor. ©2015 Turtle Mountain, LLC DBA So
So Delicious® Dairy Free Challenge Giveaway V-5 01212015
Delicious® Dairy Free USA All Rights Reserved.
Facebook® is a registered trademark of Facebook, Inc.
Twitter® is a registered trademark of Twitter, Inc. All other
trademarks and trade names are the property of their
respective owners. The use of any prize manufacturer,
name or trademark in connection with any of the prizes is
solely for the purpose of describing such prize, and is not
intended to suggest any affiliation or sponsorship.
So Delicious® Dairy Free Challenge Giveaway V-5 01212015