Staying Healthy, Keeping Busy in 2019 - Rules & Regulations
Staying Healthy, Keeping Busy in 2019! | January 21st - 25th, 2019
Promotion Description: Staying Healthy, Keeping Busy in 2019 ("Sweepstakes") begins on 01/21/2018 at 12:00 PM (Eastern Time (US) and ends on 01/25/2018 at 12:00 PM (Eastern Time (US ) (the "Promotion Period"). By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Pure Flavor® ("Sponsor"), which shall be final and binding in all respects. Sponsor is responsible for the collection, submission or processing of Entries and the overall administration of the giveaway. Entrants should look solely to Sponsor with any questions, comments or problems related to the Sweepstakes.
These Official Rules (“Official Rules”) apply to the “Staying Healthy, Keeping Busy 2019” (the “Sweepstakes”) sponsored by Pure Hothouse Foods Inc. (Pure Flavor®).
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.
To enter the Sweepstakes, you must be a legal resident of the United States or Canada (excluding Quebec) and must be at least 18 years of age or the age of majority in your jurisdiction of residence, whichever is older, as of the date of entry. Directors, officers, and employees of Pure Hothouse Foods Inc., and their parent companies, subsidiaries, affiliates, agencies, and advisors, and the immediate families of each, are not eligible to enter or win.
The Sweepstakes starts on January 21st, 2019 at 12:00 PM EST and ends on January 25th, 2019 at 12:00 PM EST (the “Sweepstakes Period”). All entries must be received during the Sweepstakes Period to be eligible to win a prize.
HOW TO ENTER
To participate in the Sweepstakes, entrants must submit an Entry, as defined below, on the Pure Flavor® online collection platform operated by Pure Hothouse Foods Inc., with their name and valid email address. To be eligible, the Entry must meet each of the following criteria: (i) Entry must contain a first name; and (ii) email address; and (iii) date of birth; and (iv) state and/or province; and (v) country; and (vi) the Entry must not invade privacy rights or any other rights of any person, business, or group, and it must not name or depict any third party without their permission. Internet access is required to enter the Sweepstakes.
Additional Content Restrictions:
All entry information and submissions shall be collectively referred to herein as the “Entries” or each as an “Entry,” and the entry process described above shall be referred to as the “Entry Process.” By entering the Sweepstakes, entrants fully and unconditionally agree to be bound by these Official Rules and the decisions of Pure Flavor®, which will be final and binding in all matters relating to the Sweepstakes.
SELECTION/NOTIFICATION OF WINNER
One (1) entrant will be chosen at random from all eligible Entries on January 25th, 2019. The selected entrants will be notified via e-mail on or about January 25th, 2019. To claim the prize, a selected entrant should follow the instructions contained in their notification.
One (1) winner will receive a prize consisting of a various exercise items. The total approximate retail value (“ARV”) of the prizes is $144.95 (plus taxes) CDN. The prize will consist of the following items:
o 5 Pack of Resistance Bands
o Foam Roller
o Glute Extension Bands
o Jump Rope
o Pure Flavor® Water Bottle
o Pure Flavor® Cinch Bag/Sports Pack
o Pure Flavor® Recipe Cards/Pages (TBD)
o Pure Flavor® Keychain
o Pure Flavor® Chapstick
o Pure Flavor® Yoga Mat
Odds of winning a prize depend on the number of eligible Entries received during the Sweepstakes Period. If in the case of unavailability of any prize, Pure Hothouse Foods Inc. reserves the right to substitute a prize of equal or greater value.
ALL FEDERAL, PROVINCIAL, STATE, OR LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNER.
PRIZE NOTIFICATION AND DELIVERY
The selected entrants will be notified via e-mail or Facebook Message on or about January 21st, 2019. Within three (3) days of receipt of the notification, the selected entrant must reply with any requested information for the administration of the Sweepstakes and, if required, must sign and return to Pure Flavor® an Affidavit of Eligibility, Liability and Publicity Release ("Affidavit") (except where prohibited) in order to claim their prize. If a selected entrant resides in Canada, they will also be required to correctly answer, unaided, a time-limited mathematical skill-testing question posed by the Sponsor, at a mutually convenient time, prior to being declared a winner. If a potential winner of any prize cannot be contacted, fails to respond to the notification, incorrectly answers the skill-testing question, or, if applicable, fails to sign and return the Affidavit within three (3) days, they forfeit the applicable prize and the prize will be awarded to an alternate entrant, who will be randomly selected from among remaining eligible Entries. Once a selected entrant has been declared a winner, the prize will be delivered to the winner by the mailing address, provided by the winner to the Sponsors during winner notification process. Failure to comply with any term or condition in these Official Rules may result in disqualification at Pure Hothouse Foods Inc. sole discretion. Winner may waive their right to receive a prize, in which case an alternate winner will be selected in the manner described above.
Winners are responsible for all incidental and unspecified expenses incurred in connection with accepting a prize (the “Expenses”). Winners understand that they may not seek reimbursement for any Expenses from Pure Hothouse Foods Inc.
LIMITATION ON NUMBER OF ENTRIES PERMITTED
Only one (1) Entry per person is permitted for the Sweepstakes. No automated/robotic entry devices and/or programs are permitted and any attempted form of entry other than what is specified here is prohibited. Multiple Entries, or entrants using multiple accounts to enter, will be disqualified and void. Entries are subject to verification and will be declared invalid if they are reproduced, falsified, altered, or tampered with in any way.
NO REPRESENTATIONS OR WARRANTIES
Pure Hothouse Foods Inc. makes no representation or offers any warranty, express or implied, as to the quality or fitness of any prize. Winners understand and acknowledge that they may not seek reimbursement or pursue any legal or equitable remedy from Pure Hothouse Foods Inc. should a prize fail to be fit for its purpose or is in any way unsatisfactory to the winner.
PRIZE TO BE ACCEPTED AS AWARDED
The prize must be accepted as awarded. The prize is not redeemable for cash and no substitute for any portion of the prize is offered. Should a winner be unable to claim a prize as awarded, their Entry will be disqualified, and the prize will be forfeited.
OWNERSHIP OF ENTRIES
All Entries shall become the property of the Sponsors. By participating in the Sweepstakes, entrants hereby grant the Sponsors (and the Sponsors’ licensees and assigns) a non-exclusive, perpetual, worldwide, irrevocable, royalty-free license to use, broadcast, display, publish, store, reproduce, distribute, syndicate, and otherwise use any Entry, in whole or in part (along with entrant’s name, likeness, hometown, comments, and/or prize information) in any and all media now known and later come into being for editorial, advertising, marketing, trade and any other purpose without further permission or compensation, unless prohibited by law. Entrants can unsubscribe from correspondence at any time. As a condition of being declared a winner and awarded a prize, except where prohibited by law, winners may (in Pure Hothouse Foods Inc.’s sole discretion) be required to execute a written consent, confirming the rights granted to Pure Hothouse Foods Inc’s. right in this section, as well as a signed Affidavit of Eligibility, acceptance of these Official Rules, release of liability, and any other legal, regulatory, or tax-related documents required by the Sponsor in its sole discretion.
The Sponsors, subsidiaries, affiliates, directors, officers, advisors, employees, and agencies (the “Released Parties”) assume no responsibility for late, lost, incomplete, misdirected, garbled, distorted, damaged, stolen, destroyed or otherwise indecipherable entries due to any failure or technical malfunction of the on-line computer systems of equipment, servers, access providers, hardware, software, network, Internet, or other computer-related malfunctions or failures, poor reception, technical problems, failure of any e-mail or submission or due to any other reason regardless of cause. If for any reason the Sweepstakes is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, or technical failures of any sort, the Sponsors may cancel, terminate, modify, extend, or suspend the Sweepstakes, in their sole discretion. The Sponsors are not responsible if the Sweepstakes cannot take place or if any prize cannot be awarded due to acts of God, acts of war, natural disasters, weather, or acts of terrorism.
By entering the Sweepstakes, entrants further agree to release Pure Hothouse Foods Inc. and the Released Parties from any liability whatsoever, and waive any and all causes of action, for any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with participation in the Sweepstakes or delivery, mis-delivery, acceptance, possession, or use of or inability to use any prize (including, without limitation claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty, or other theory.
CONSENT TO COLLECTION AND USE OF PERSONAL INFORMATION/PRIVACY
NO DISRUPTION TO SWEEPSTAKES
All entrants agree to respect the Entry Process and the operation of the Sweepstakes as outlined in these Official Rules. Pure Hothouse Foods Inc. may disqualify or ban from this Sweepstakes and all future Sweepstakes, Sweepstakes and/or promotions any entrant or person who the Sponsors believe is tampering with the Entry Process or the operation of the Sweepstakes, acting in a disruptive or unsportsmanlike manner, or behaving with the intent to annoy, abuse, threaten, defame, offend or harass any person, including individuals associated with the Sponsors, or is otherwise in violation of these Official Rules. Should any attempt be made by an entrant or other person to damage a website or to undermine the legitimate operation of the Sweepstakes, the Sponsors may seek damages or other relief from such entrant or other person to the fullest extent permitted by law.
WHERE TO FIND OFFICIAL RULES AVAILABLE
These Official Rules are available online at: www.pure-flavor.com/staying-healthy-sweepstakes-rules/. All entrants agree to abide by these Official Rules, which are subject to change at any time at the sole discretion of the Sponsors and by the decisions of the Sponsors, which are final and binding in all respects.
COMPLIANCE WITH LAWS/ GOVERNING LAW
This Sweepstakes is void where prohibited or restricted by law and is subject to all applicable laws and regulations, including, but not limited to, federal, state, local, territorial, or provincial laws. All issues and questions concerning the Sweepstakes and the construction, validity, interpretation and enforceability of these Official Rules will be governed, construed, and interpreted under the laws of the Province of Ontario, Canada. Any provision of these Official Rules deemed unenforceable will be enforced to the extent permissible, and the remainder of the Official Rules will remain in effect. Entrants agrees that, unless otherwise prohibited: (a) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Ontario, Canada; (b) 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 attorneys’ fees; and (c) under no circumstances will entrants be permitted to obtain awards for, and entrants hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
To obtain a copy of any legally required winners list or a copy of the Official Rules, send the applicable request and a self-addressed, stamped, #10 envelope to Pure Hothouse Foods Inc. cc: Pure Flavor® Staying Healthy, Keeping Busy Sweepstakes at PO Box 607, Leamington, Ontario N8H 3X4. Request must be received no later than 1 week + 6 MONTHS for the name of the winner and, by the end of the promotion, for a copy of the rules.
SWEEPSTAKES SPONSORS (“Sponsor”): The Sweepstakes is sponsored by Pure Hothouse Foods Inc., PO Box 607, Leamington, Ontario N8H3X4, firstname.lastname@example.org
Facebook Disclaimer: Entrants should understand that they are providing their information to the Sponsor and not to Facebook. This promotion is in no way sponsored, endorsed or administered by, or associated with Facebook.
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