NO PURCHASE NECESSARY
TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
Please read these Official Rules (these “Rules”) for the Win a Juicer Sweepstakes (the “Sweepstakes”) sponsored and administered by ADC Solutions Health and Wellness, LLC, 2975 Red Hill, Suite 100 Costa Mesa, CA 92626 (the “Sponsor”). By participating in the Sweepstakes, you (i) represent that you satisfy all of the eligibility requirements set forth below, and (ii) agree to be bound by these Rules and by the interpretations of these Rules by the Sponsor, in its sole and absolute discretion, which interpretations are final and binding in all matters relating to the Sweepstakes.
THE SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY OR ASSOCIATED WITH FACEBOOK, INC., INSTAGRAM, INC., OR TWITTER, INC., EVEN THOUGH SPONSOR MAY PROMOTE AND ADVERTISE THIS SWEEPSTAKES USING SERVICES PROVIDED BY ANY OF THE FOREGOING SOCIAL NETWORKS.
Entry Period: Sweepstakes entry is open beginning at 12:00 a.m. EST on the 23rd of May, 2019 and ending at 12:00pm EST on the 3rd of June, 2019 (“Entry Period”). One (1) Eligible Entry (as defined below) will be selected as the Winner (as defined below).
Eligibility: The Sweepstakes is open to natural persons who are at least eighteen (18) years of age as of the beginning of the Entry Period and are legal residents of the United States, excluding residents of Hawaii, Alaska, Puerto Rico and other U.S. Territories. Employees, directors, members, managers and officers of the Sponsor, and each of the Sponsor’s affiliates, subsidiaries, advertising or promotional agencies, and any of their immediate family members (parents, spouses, children, siblings, or grandparents) and/or those living in the same household are not eligible to participate in the Sweepstakes. An “Eligible Entry” is an entry submitted by a person that complies with (a) the eligibility requirements set forth in this paragraph, (b) all other terms and conditions of these Rules, and (c) all applicable usage rules for Facebook.
How to Enter: There are two methods of entry to the Sweepstakes. All persons who fill out the Win a Juicer Survey and provide an email address, and who meet all other eligibility requirements, shall be automatically entered to win. Those who have not completed the Win A Juicer Survey may enter by United States Postal Service Mail, by sending their name, address, email address and phone number on a 3”x5” card, to “Reboot with Joe “Win a Juicer” Sweepstakes, 433 Broadway, Suite 414 New York, NY 10013.” All Eligible Entries must be received by the Sponsor no later than the 3rd of June, 2019. All entries received after 3rd of June, 2019 will be ineligible for participation in the Sweepstakes. If the Sponsor does not receive an entry for any reason, such entry will be invalid and will be ineligible to receive the Prize (as defined below). Entry is limited to one (1) entry per person. Entrants may not create multiple entries through use of multiple email addresses.
Warranties and Consents: By entering the Sweepstakes, you: (a) represent and warrant that (i) you have read, and agree to be bound by, these Rules and any applicable policies or procedures posted by Facebook, (ii) based on these Rules, you are eligible to participate in the Sweepstakes, and (iii) all of the information provided as part of your entry is accurate, does not violate any third party’s legal rights (including, without limitation, rights of privacy and publicity), and otherwise does not violate applicable law; (b) consent to the use of your name and/or likeness by the Sponsor for promotional purposes (whether online, in print or through any other media now known or hereafter developed), without additional compensation or authorization unless prohibited by law; (c) agree to be bound by the interpretations of these Rules by the Sponsor, in its sole and absolute discretion, which are final and binding in all matters relating to the Sweepstakes; and (d) acknowledge that the Sweepstakes is in no way sponsored, endorsed, administered by or associated with Facebook. Sponsor reserves the right to disqualify any participant or winner and may refuse to award the Prize to a person who is ineligible or has violated any rule, gained unfair advantage in participating in the Sweepstakes, or obtained winner status using fraudulent means.
Selection of Winner: On or about the 4th of June, 2019 (the “Drawing Date”), the Sponsor will select one winner (the “Winner”) to receive the Prize by selecting an Eligible Entry at random from the pool of Eligible Entries. If a Winner cannot be contacted, fails to return the required documents in the required time as provided herein, refuses or is unable to accept the Prize, or is otherwise in violation of these Rules, the Sponsor shall select another Winner, in accordance with the terms of the previous sentence, to replace the Winner originally selected. Each Winner will be contacted via email or by telephone.
Prize; Approximate Retail Value of Prize; Odds of Winning: The prize awarded to the Winner shall include the following items, with a total estimated retail value of $399 USD (the “Prize”):
The odds of being selected as a Winner depend on the number of Eligible Entries received. The Prize must be accepted as awarded and no substitution, transfer, conversion or assignment of the Prize is allowed. The Prize is not redeemable for cash. In the event of unavailability of the Prize or any part thereof, the Sponsor may substitute an alternative prize of equal or greater value at its sole discretion.
THE PRIZE WILL BE PROVIDED BY THE SPONSOR TO THE WINNER “AS IS.” THE SPONSOR DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE PRIZE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.
Notification of Winner; Verification: The Sponsor will notify the Winner by email within fifteen (15) days of the Drawing Date. “Notification” is deemed to have occurred immediately upon sending an e-mail to the Winner. Within ten (10) days of the Sponsor sending such notification, a Winner must notify the Sponsor, via email or U.S. registered mail, that he/she has accepted the Prize. The Sponsor is not responsible or liable in any manner for late, lost, misdirected or unsuccessful efforts to notify any Winner. The Prize will be awarded only if the Sponsor has verified that the Winner has (i) complied with these Rules and (ii) completed, signed and returned to the Sponsor an Affidavit and Release Form (the “Affidavit”) within ten (10) days of receiving the Affidavit from the Sponsor. If such person fails to complete, sign and return the Affidavit to the Sponsor within such ten (10) day period, the Sponsor reserves the right to void such person’s entry and select another Winner. By completing, signing and returning the Affidavit, you (a) confirm your compliance with these Rules, (b) release and forever discharge the Sponsor and each of its respective managers, members, officers, employees, affiliates and subsidiaries, and each of their respective advertising and promotional agencies from all claims, demands, damages, actions and causes of action arising by reason of the acceptance or use of the Prize, and (c) except as limited by law, give permission to the Sponsor, at its option, to publish or otherwise use your name, city and state, photograph, voice and comments, without compensation, in any publicity carried out by the Sponsor or its advertising agencies.
List of Winners: A list of the winners will be made available for 12 months after award of the Prize by sending an email to firstname.lastname@example.org.
Taxes: All federal, state and local taxes are the sole responsibility of each Winner. Consult with your tax professional regarding potential tax implications.
Conditions: Participants agree that by participating in the Sweepstakes they release the Sponsor and each of its respective managers, members, officers, employees, affiliates and subsidiaries from any liability in connection with: (a) entries that are ineligible as a result of being lost, late, illegible, damaged, incomplete, stolen, postage due, or misdirected; (b) any typographical or other human or technical errors in the offer or administration of the Sweepstakes, including but not limited to errors in advertising, these Rules, the selection and announcement of Winners, or the distribution/awarding of the Prize; (c) any omission, interruption, deletion, defect, delay, misdirection, damage, injury, technical malfunctions or traffic congestion on the Internet/telephone network, or at any website, or any combination thereof.
Indemnification: By participating in the Sweepstakes and, if the Winner, by accepting the Prize, you agree to release, indemnify, defend and hold harmless the Sponsor, Facebook and each of their parent companies, subsidiaries, affiliates, related companies, licensees, assigns, promotional partners and the respective officers, directors, managers, members, employees, agents, successors, licensees and assigns of each of the foregoing from and against any and all liability whatsoever for any loss, harm, damage, injury, cause of action, claim, cost or expense (including, without limitation, any property damage, personal injury and/or death) arising out of or in connection with your participation in the Sweepstakes, including, without limitation, acceptance, use or misuse of the Prize.
Arbitration; Waiver of Certain Damages: As a condition of participating in the Sweepstakes, you agree that: (i) under no circumstances will you be permitted to obtain an award for, and you hereby waive all rights to claim, punitive, incidental, consequential or any other indirect damages; and (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event shall any claim, judgment or award include attorneys’ fees or any equitable or injunctive relief. All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules or the rights and obligations of entrants or Sponsor in connection with the Sweepstakes will be governed by and construed in accordance with the laws of the State of New York, 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 laws. Entrants hereby consent to exclusive jurisdiction and venue of the courts located in New York County, New York in any action to enforce (or otherwise relating to) these Rules or relating to this Sweepstakes. All federal, state, provincial and local laws and regulations apply. Any provision of these Rules deemed unenforceable will be enforced to the fullest extent permissible, and the remainder of these Rules will remain in effect.
Limitation of Liability: Each Winner acknowledges and agrees that the Sponsor and its parents, subsidiaries and affiliated companies, advertising and promotion agencies, and all of its officers, directors, managers, members, employees, representatives and agents will have no liability whatsoever, and shall be held harmless by each Winner for any injuries, claims, losses or damages of any kind to any person, including death, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of the Prize.
Disclaimer of Warranties: THE SPONSOR IS PROVIDING THE SWEEPSTAKES ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE SPONSOR DOES NOT REPRESENT OR WARRANT THAT THE SWEEPSTAKES OR THE TECHNOLOGY USED TO PROVIDE IT: (I) WILL BE UNINTERRUPTED OR SECURE; (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS; OR (III) WILL MEET YOUR REQUIREMENTS OR ENABLE YOU TO PARTICIPATE IN IT. THE SPONSOR MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE RULES, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
AS SOME STATES OR JURISDICTIONS, INCLUDING THE STATE OF NEW JERSEY, DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIABILITY OF EACH REBOOT PARTY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. NOTHING IN THESE RULES SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO AN ENTRANT.
General Terms: The Sponsor assumes no responsibility for incorrect or inaccurate entry information whether caused by any equipment or programming associated with or utilized in the Sweepstakes or by any human error which may occur in the processing of the entries in the Sweepstakes. The Sponsor is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or servers on account of technical problems or traffic congestion on the Internet or any website, or any combination thereof, or any incomplete, lost, late, delayed, misdirected or garbled entries or failure to receive entries, including, without limitation, any injury or damage to your or any other person’s computer related to or resulting from any attempt to participate in the Sweepstakes or to download materials or software related to the Sweepstakes. The Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Sweepstakes or in the announcement of the Prize and any Winner. If, for any reason, the Sweepstakes is not capable of running as planned, or is disrupted or corrupted, including, without limitation, by strikes, acts of war or terrorism, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical or system failures, or any other causes beyond the control of the Sponsor which corrupts or affects the administration, security, fairness, integrity or proper conduct of the Sweepstakes, or for any reason the Sponsor deems it necessary, the Sponsor reserves the right in its sole and absolute discretion to cancel, terminate, modify or suspend the Sweepstakes. No software-generated, robotic, programmed, script, macro or other online or text message entries are permitted. The Sponsor reserves the right in its sole and absolute discretion to disqualify any person from the Sweepstakes if the Sponsor suspects or finds that such person: (i) has used a software-generated, robotic, programmed, script, macro or other automated online or text message entry; (ii) has tampered with the entry process or the operation of the Sweepstakes; (iii) is acting or has acted in violation of these Rules; (iv) is acting in a disruptive manner, or with intent to annoy, abuse, threaten or harass any other person; or (v) has provided inaccurate information on any document submitted in connection with the Sweepstakes.
ANY ATTEMPT BY YOU TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW AND, SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM YOU TO THE FULLEST EXTENT PERMITTED BY LAW.
Mailing List: By entering this Sweepstakes, you agree to receive newsletters and other promotional material from the Sponsor. You may update your newsletter subscription preferences, and may opt-out of marketing emails altogether, upon receipt of any newsletter email from the Sponsor.