Nelly’s Organics Sweepstakes
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN.
THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM®, FACEBOOK®, TWITTER®, OR PINTEREST®. YOU UNDERSTAND THAT YOU ARE PROVIDING YOUR INFORMATION TO RAINBOWL FOODS, LLC. (“RAINBOWL”) AND NOT TO INSTAGRAM®, FACEBOOK®, TWITTER®, OR PINTEREST®. THE INFORMATION YOU PROVIDE WILL ONLY BE USED BY RAINBOWL FOR ADMINISTERING THIS SWEEPSTAKES, FULFILLING THE PRIZE, OR AS YOU OTHERWISE CONSENT.
1. SWEEPS PERIOD: Rainbowl’s Nelly’s Organics Sweepstakes (the “Sweeps”) starts Tuesday, January 28, 2020, at 6:00 AM Pacific Standard Time (“PST”) and ends Thursday, January 30, 2020, at 11:59 PM PST (the “Sweeps Period”). Rainbowl’s method of timekeeping is the official time clock for the Sweeps, and is final and indisputable.
2. ELIGIBILITY: To be eligible to enter, you must (a) be a legal resident of the fifty (50) United States or the District of Columbia, (b) be at least eighteen (18) years of age at the time of entry, and (c) have a valid Instagram® account. VOID WHERE PROHIBITED BY LAW.
3. HOW TO ENTER: Internet access is required. All entrants must follow @rainbowlfoods and @nellysbars on Instagram and tag an associated account in the comments on the qualifying social media post indicated by the text ‘GIVEAWAY’ at the start of the copy, posted 1/28/20. All entries must be submitted during the Sweeps Period.
a. WAYS TO ENTER: There is one way to enter the Sweeps:
i. INSTAGRAM®: (i) Access the Instagram® application on your mobile device; (ii) follow @rainbowlfoods and @nellysbars; (iii) tag an associated account in the comments of qualifying Sweeps posts.
b. ENTRY SUBMISSION: At any time during the Sweeps Period, you may submit an entry for an opportunity to win the Prize. Normal time, toll, connection, and usage rates, if any, charged by your Internet service provider will apply, and you will be solely responsible for the same. No other means of transmission or delivery will be accepted. Late, garbled, incomplete, or misdirected entries will be declared void and will be ineligible to win. The sole determinant of time for the purposes of receipt of a valid entry in this Sweeps will be the Sweeps server machine(s). Proof of submission (screen captures, etc.) does not constitute proof of entry.
c. NUMBER OF ENTRIES: Each person is unlimited in entries, but each entry must tag a different account they are associated with. Any attempt by an entrant to tag the same account multiple times, or tag random accounts they are not associated with, or any other methods, will void all entries by that entrant, and said entrant may be disqualified from the Sweeps at Rainbowl’s sole discretion.
4. TERMS OF SUBMISSION:
a. WARRANTY BY ENTRANT: By entering the Sweeps, you represent and warrant that: (i) you are the owner of the account entering the Sweeps; (ii) you are associated with the account you are tagging; and (iii) you will comply with all rules and regulations applicable to the Sweeps, including these Official Rules.
b. RAINBOWL’S IMAGE: Comments must be consistent with and should reflect Rainbowl’s image. Without limitation, comments must not contain any content that: (i) promotes unlawful behavior; (ii) is political in nature; (iii) contains profanity, nudity, and/or explicit sexuality; (iv) is harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, and/or libelous; or (v) is hatefully, racially, ethnically, or otherwise offensive or objectionable. Rainbowl reserves the right to deem ineligible and exclude from the Sweeps any comment that Rainbowl, in its sole and absolute discretion, determines is not consistent with Rainbowl’s image, or is not befitting or compliant with these Official Rules.
c. RIGHTS GRANTED TO RAINBOWL: If you submit a comment to Rainbowl, you are at such time: (i) granting Rainbowl, its subsidiaries, affiliates, licensees, successors, and assigns, a worldwide, royalty-free, perpetual, unrestricted, irrevocable, and fully sub-licensable right and license to use, disclose, broadcast, publish, or reproduce the username associated with the comment, in any manner and in any form, media, or technology, now known or later developed anywhere in the world at any time; and (ii) waiving any and all moral rights you may have in and to the comment, without notice or compensation, and agreeing that you may be required to sign a release to that effect. You grant Rainbowl these rights whether or not you are selected for a Prize. YOU WILL NOT BE COMPENSATED FOR YOUR COMMENT, or for granting Rainbowl any of these rights. Rainbowl, its affiliates, licensees, successors, and assigns are in no way obligated to use your comment, and you may not be given any credit if it is used. Rainbowl may elect to post some, all, or none of your comment on Rainbowl’s website or elsewhere. You agree to waive all claims to and shall receive no royalties of any kind now or in the future from Rainbowl, its affiliates or licensees, successors, and assigns for any use of your comment, including copyright or trademark royalties, and you represent, warrant, and agree that no other party is entitled to claim royalties from the use of your comment.
5. SELECTION OF THE WINNER: One winner (“Winner”) will be selected randomly by a random selection tool.
6. PRIZE: Subject to verification of eligibility and compliance with these Official Rules, the Winner will be eligible to win: (i) one (1) variety pack including nine (9) 1.6 oz candy bars in assorted flavors. (collectively, the “Prize”). The approximate retail value (“ARV”) of the Prize is twenty seven dollars ($27 USD).
a. NO WARRANTIES: Rainbowl makes no endorsements or warranties – express, implied, statutory, or otherwise – whatsoever with respect to the Prize, including without limitation, any warranty of merchantability or fitness for a particular purpose. Rainbowl is not responsible for, and entrant hereby releases Rainbowl, and its subsidiaries, affiliates, licensees, successors, and assigns, including their respective officers, directors, employees, agents, attorneys, and representatives, from any injuries, losses, or damages of any kind resulting from the Prize within the context of this Sweeps. For purposes of clarification, this section is in addition to, and does not limit, Section 8d below.
7. PRIZE AWARD: Shortly after the close of the Sweeps Period, Winners will be contacted via Instagram with instructions on how to claim their Prize.
a. VERIFICATION OF ELIGIBILITY: The Winner is subject to verification of eligibility and compliance with these Official Rules. Before being declared an official Winner, a potential Winner will be required to execute and return an Affidavit of Eligibility and Release Form no later than ten (10) business days after the time such forms are delivered as having been sent by Rainbowl, or that potential Winner will forfeit the Prize. The potential Winner may also be required to furnish proof of identification, which may include a driver’s license or other form of picture identification, to determine eligibility.
b. ADDITIONAL FORFEITURE: If a potential Winner is found to: (i) be ineligible, (ii) be not in compliance with these Official Rules, or (iii) decline to accept the Prize, the Prize will be forfeited. Additionally, if Rainbowl does not receive a response from such person within forty-eight (48) hours of sending the e-mail notification, or in the event that a Prize notification or Prize is returned undeliverable, the Prize will be forfeited. Subsequently, at Rainbowl’s sole discretion, the Prize may be awarded to another randomly chosen entrant. All decisions by Rainbowl are final and binding.
c. DELIVERY OF PRIZE: The Prize will be shipped to the Winner’s provided U.S. address within thirty (30) days after the close of the Rainbowl Sweeps Period. Prizes may not be transferred or redeemed for cash (except to the extent required by applicable law) and must be accepted as awarded. No substitutions of any kind will be granted, except those substitutions made by Rainbowl, who reserves the right in its sole discretion, to substitute a Prize with a different one of comparable or greater value.
d. TAXES, COSTS, AND EXPENSES: All federal, provincial, state, and local taxes (including, but not limited to, income, duty, and withholding taxes), if any, as well as any other costs and expenses associated with Prize acceptance and use, are the Winner’s sole responsibility.
e. RISK OF LOSS: Rainbowl has no responsibility for any portion of the Prize that has been tampered with, misplaced, lost, or stolen.
f. USE OF LIKENESS: By accepting the Prize, the Winner consents to the use of his/her name, address (city and state/province of residence), voice, and statements relating to the Sweeps and/or Rainbowl, and photographs or other likenesses, in any publicity or advertising carried out by Rainbowl or any related entities in any media without any territorial or time limitation, except where prohibited by law. The Winner understands and agrees that he/she is not entitled to any additional compensation or notification regarding such use, and that Rainbowl does not need to obtain any permission from the Winner for such use.
8. CONDITIONS OF ENTRY:
a. COMPLIANCE WITH OFFICIAL RULES: By entering the Sweeps, you acknowledge compliance with these Official Rules including all eligibility requirements.
c. ENTRY HOLDER DISPUTE: If a dispute arises regarding who submitted an online entry, the entry will be deemed to be submitted by the authorized account holder of the e-mail address provided at time of entry, and he/she must comply with these Official Rules. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
d. RELEASE AND WAIVER: As a condition of entering, you agree: (i) to release Rainbowl, Facebook®, and Instagram®, and their respective parents, subsidiaries, affiliates, and assigns, and their respective officers, directors, employees, agents, attorneys, and representatives, from any and all liability, loss, claim, or damage incurred with respect to preparing for or participating in the Sweeps, or the awarding, receipt, possession, and/or use or misuse of any Prize or any travel or activity related thereto; (ii) that under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim punitive, incidental, consequential, or any other damages (other than for actual out-of-pocket expenses) from Rainbowl, Facebook®, or Instagram®; (iii) all causes of action arising out of or connected with this Sweeps or any Prize awarded shall be resolved individually, without resort to any form of class action; and (iv) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, and in no event will you be entitled to receive attorneys’ fees or court costs. Some jurisdictions may not allow certain limitations on damages or the ability to seek damages through a class action; so some of these restrictions may not be applicable.
e. SWEEPS MODIFICATION: Rainbowl reserves the right in its sole discretion to cancel, modify, or suspend this Sweeps at any time with or without notice if fraud, technical failures (including, but not limited to, any network server or hardware failure), viruses, bugs, errors in programming, or any other causes corrupt the administration, security, or integrity of the Sweeps occur. In the event of cancellation, Rainbowl reserves the right to select a Winner from among all eligible, non-suspect entries received up to the time of such cancellation.
f. SWEEPS ACCESS: Rainbowl does not warrant that access to the Sweeps will be uninterrupted. Rainbowl is not responsible for, and you hereby hold Rainbowl harmless with respect to and waive any claim arising from, any problems that may arise, including, without limitation: (i) inaccessible or unavailable networks, websites, or other connection or accessibility problems; (ii) failed, delayed, or misdirected communications, including any lost, late, stolen, incomplete, illegible, or undelivered entries; (iii) technical malfunctions, printing, clerical, or other errors in connection with the administration of the Sweeps or the offering or announcement of any Prize; (iv) the incorrect or inaccurate capture of information, or the failure to capture any information in connection with the Sweeps; (v) damage to an entrant’s system occasioned by participation in this Sweeps; or (vi) any other errors of any kind relating to or in connection with the Sweeps.
a. ACTIONS BY ENTRANT: Any attempt by an entrant or other individual to deliberately damage any website or undermine the legitimate operation of this Sweeps, including but not limited to any fraudulent claims, is a violation of criminal and civil laws. Should any such an attempt be made, Rainbowl reserves the right to seek remedies and damages (including attorneys’ fees) from any such individual, to the fullest extent permitted by law, including criminal prosecution. Any entrant engaging in any of the foregoing activities may be disqualified (and all associated entries will be void) and, if selected as the Winner, will forfeit the Prize.
b. GOVERNING LAW AND INTERPRETATION: This Sweeps is subject to all applicable federal, state, provincial, and municipal laws. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of entrant and Rainbowl in connection with the Sweeps, shall be governed by, and construed in accordance with, the substantive laws of the State of Oregon without regard to conflicts of law principles. By entering the Sweeps, all entrants consent to the jurisdiction and venue of the federal, state, and local courts of Oregon.
c. ANY CONFLICT IN SWEEPS DETAILS: In the event of any conflict with any Sweeps details contained in these Official Rules and Sweeps details contained in other Sweeps materials (including, without limitation, any point of sale, online, or print advertising), the details of the Sweeps as set forth in these Official Rules shall prevail.
d. RAINBOWL’S SPONSORSHIP: This Sweeps is sponsored by Rainbowl. Any questions, comments, or complaints regarding this Sweeps shall be directed only to Rainbowl, and not to Instagram®, Facebook®, or any other person or entity. All questions, comments, or complaints regarding this Sweeps must be submitted via e-mail to firstname.lastname@example.org.
e. NAME OF WINNER: Any individual may obtain the Winner’s name by submitting an e-mail to email@example.com requesting such information after the Prize has been awarded. All such requests must be received by March 1, 2020, at 12:00 PM PST.
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