NO PURCHASE NECESSARY.
A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
VOID WHERE PROHIBITED BY LAW.
Please read these Official Rules (these “Rules”) for the Fat, Sick & Nearly Dead 2nd Anniversary Celebration Juicer Giveaway (the “Sweepstakes”) sponsored and administered by Reboot USA, LLC (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.
Entry Period: The dates and times of entry (the “Entry Period”) and the dates that each Winner (as defined below) will be drawn (the “Drawing Dates”) for the Sweepstakes are set forth below. One (1) Eligible Entry (as defined below) will be selected as the Winner on each of the Drawing Dates.
Start: 9:00 a.m. (Eastern Daylight Time) on April 15, 2013
End: 6:00 p.m. (Eastern Daylight Time) on June 15, 2013
The Drawing Dates will occur each day of the period that begins April 17, 2013 and ends June 15, 2013.
Eligibility: The Sweepstakes is open only to natural persons who are at least eighteen (18) years of age as of April 15, 2013 and are legal residents of the United States (other than Florida, New York and Rhode Island), the District of Colombia, Canada and Australia. Residents of Florida, New York and Rhode Island are excluded from the Sweepstakes. 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 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: You may enter the Sweepstakes by (a) sharing a link to the film entitled “Fat, Sick & Nearly Dead” (the “Link”) via Facebook, Google+, Twitter or email and (b) completing the entry form located at giveaway.rebootwithjoe.com/juicer (the “Entry Form”). The Link may be obtained during the Entry Period at giveaway.rebootwithjoe.com/juicer. If an entrant has submitted one Eligible Entry by sharing the Link and completing the Entry Form (each in the manner set forth above), such entrant may share the Link via each of Facebook, Google+, Twitter and email one time per day each day thereafter during the Entry Period and each such sharing of the Link shall qualify as a separate Eligible Entry (i.e., each entrant may submit up to four Eligible Entries per day during the Entry Period). All Eligible Entries must be received by the Sponsor no later than June 15, 2013. All entries received after June 15, 2013 will be ineligible for participation in the Sweepstakes. If the Sponsor does not receive an entry for any reason or if an entry is not entered correctly, such entry will be invalid and will be ineligible to receive the Prize (as defined below). All entries become the property of the Sponsor.
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.
Selection of Winner: On each of the Drawing Dates, the Sponsor will select one winner (each, a “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 (if the Sponsor has a valid email address for such Winner).
Prize; Approximate Retail Value of Prize; Odds of Winning: The prize awarded to each Winner shall be one Breville BJS600XL Fountain Crush Masticating Slow Juicer (the “Prize”). The approximate retail value of the Prize is $349.00. 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, the Sponsor may substitute an alternative prize of equal or greater value.
THE PRIZE WILL BE PROVIDED BY THE SPONSOR TO EACH 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 each Winner by email within fifteen (15) days of the applicable Drawing Date. 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 (i) confirm your compliance with these Rules, (ii) 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 (iii) except as limited by law, give permission to the Sponsor, at its option, to publish or otherwise use your name, address, photograph, voice and comments, without compensation, in any publicity carried out by the Sponsor or its advertising agencies.
Taxes: All federal, state and local taxes are the sole responsibility of each Winner. The Sponsor will provide to each Winner an IRS Form 1099 reflecting the final actual value of the Prize. Consult with your tax professional regarding potential tax implications.
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; (ii) all causes of action arising out of or connected with the Sweepstakes or the Prize shall be resolved exclusively by arbitration under the rules of the American Arbitration Association before a single arbitrator located in New York, New York; and (iii) 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. Disputes arising out of the Sweepstakes will be determined according to the laws of the State of New York without reference to its or any other jurisdiction’s conflicts of laws principles. 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.
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.
Use of Data: The Sponsor may collect personal data about you, including, without limitation, your email address. By participating in the Sweepstakes, except as limited by law, you hereby agree to the Sponsor’s collection and usage of your personal information as set forth herein.