Orgain official Get Picky sweepstakes rules

October 9, 2000

****OFFICIAL SWEEPSTAKES RULES****

NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

VOID WHERE PROHIBITED BY LAW

Sponsor. The #PowertothePicky Sweepstakes (the “Sweepstakes”) is sponsored by Orgain, Inc., PO Box 4918, Irvine, CA  92616 (“Sponsor”). The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram or Twitter.

 

Eligibility. Open only to legal residents of the 50 United States (excluding Puerto Rico and all other U.S. territories and possessions outside of the United States and where otherwise prohibited by law) who (i) are 18 years of age or older at the time of entry in the Sweepstakes (or in the case of legal residents of jurisdictions where the age of majority is greater than 18 years of age, such age of majority under the laws of the jurisdiction in which they reside at the time of entry) and (ii) have access to the Internet. Employees, officers, directors, agents, representatives and independent contractors (and their immediate family members and members of the same households (whether related or not)) of Sponsor and its affiliated companies, are not eligible to participate. Subject to all federal, state and local laws and regulations. Void in Puerto Rico and all other U.S. territories and possessions outside of the United States and where prohibited by law or restricted by such laws, including but not limited to jurisdictions with laws that would require registration and/or trust account or posting of a bond, or any other requirements that have not been satisfied.

Application of Rules. By entering the Sweepstakes, each entrant warrants that he/she has read and agrees to abide and be bound by these Official Rules and that he or she is not prohibited from participating in the Sweepstakes. Entrant agrees that Sponsor retains full authority, in its sole discretion, to interpret and administer these Official Rules, and to be bound by all decisions and interpretations made in good faith by Sponsor.

Entry. The Sweepstakes begins at 6 p.m. Pacific Standard Time (PST) on 10/12/16 and ends at 11:59 p.m. (PST) on 10/28/16 (the “Sweepstakes Period”).

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT INCREASE THE CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.

To enter:
1. Share the #powertothepicky image posted on Orgain’s Facebook, Instagram and Twitter page on 10/12/16 on your Facebook, Instagram or Twitter channel.

  1. Tag your post with #PowertothePicky and @DrinkOrgain
  2. Fill in the blank: I’m Picky About ________ in the comment, tweet, or post.

All entries must be received within the Sweepstakes Period. The computer clock of Orgain’s California headquarters is the official timekeeping device of the Sweepstakes. Limit one (1) entry per Facebook/Instagram/Twitter account per day during the Sweepstakes Period.

All submissions posted to enter the Sweepstakes must be in keeping with the Sponsor’s positive image and may not be offensive or inappropriate, as determined by Sponsor in its sole discretion, nor can it defame or invade publicity or privacy rights of any person, living or deceased, or entity, or otherwise infringe upon any person’s or entity’s personal, intellectual property or property rights or any other third party rights. Comments must be suitable for online publication accessible to the general public. Sponsor reserves the right to eliminate any entries that it determines, in its sole discretion, contain inappropriate content or content that may be deemed obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or unlawful, including, without limitation, obscenities, threats, violence, unsafe behavior or situations, or disparagement of any product, service or person.

If there is a dispute over the identity of an entrant, the entry will be deemed submitted by the Authorized Facebook/Instagram/Twitter Account Holder, associated with the entry regardless of the individual that submitted the entry. “Authorized Facebook/Instagram/Twitter Account Holder” is defined as the natural person to whom the Facebook/Instagram/Twitter account is assigned by Facebook/Instagram/Twitter. If a dispute cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible.

Neither Sponsor nor its advertising and promotion agencies are responsible for lost, late, incomplete, illegible, inaccurate, misdirected entries, or for any problems of any kind whether mechanical, human or electronic, including, but not limited to, computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, failures, connections, availability or garbled or jumbled transmissions, or service provider/Internet accessibility or availability, traffic congestion, or unauthorized human intervention. Sponsor reserves the right to suspend or terminate the Sweepstakes in the event of any such problem. Entries not in compliance with these Official Rules are disqualified. Sponsor shall have the absolute right to determine if an entry is in compliance with these Official Rules without notice to the person attempting to enter.

Use of Entrant Information. As permitted by law and in accordance with these Official Rules, each Sweepstakes entrant agrees that Sponsor may use the information that entrant provides in connection with the Sweepstakes for the purposes and within the context of the Sweepstakes and for Sponsor’s internal purposes. Sweepstakes entrant also agrees that Sponsor may use information that entrant provides in connection with the Sweepstakes on Sponsor’s social media sites (Facebook, Twitter, Instagram and YouTube) at Sponsor’s sole discretion.

Publicity. Except where prohibited, participation in the Sweepstakes constitutes each entrant’s consent to use of entrant’s name for promotional purposes in any media, worldwide, without further payment or consideration.

Prize. One (1) grand prize winner will receive 24 of Orgain Protein Powder (12 vanilla, 12 chocolate); two cases of Almond Milk (one case of unsweetened and one case of vanilla with 12 Almond Milk containers per case); a Vitamix 5200 Series blender (or equivalent); and one “Picky basket” filled with additional prizes. The approximate retail value (ARV) of the prize is $1,200. Specifics relating to the prize not specified herein are at sole discretion of Sponsor. The winner is solely responsible for any costs and expenses due in connection with the prize not specified herein. The prize may not be transferred or assigned, except at the Sponsor’s sole discretion. No cash value or substitution of the prize will be permitted or provided, except that Sponsor, in its sole discretion, may provide a prize of comparable or greater value. The winner is solely responsible for reporting and paying any and all applicable federal, state and local taxes due in connection with the prize. Receipt of any prize is conditioned upon compliance with all applicable federal, state and local laws, rules and regulations and these Official Rules.

 

Selection of Winner and Notification. One Grand Prize winner will be selected at random by Sponsor, whose decision will be final and binding, from all eligible entries received during the Sweepstakes Period within seventy-two hours after the Sweepstakes Period ends. Odds of winning depend on the number of eligible entries received in the Sweepstakes Period. In the event a winning entry is discovered to be invalid for any reason whatsoever or the person who submitted the winning entry fails to comply with these Official Rules prior to delivery of the prize, the prize may be forfeited and awarded to an alternate winner selected at random from the remaining eligible entries at Sponsor’s discretion. An alternate winner will be selected at random from the remaining eligible entries until all prizes have been awarded.

Sponsor will contact the winner via platform of entry: Facebook, Instagram or Twitter within seventy-two hours after the random drawing to inform him/her of their selection as winner. By submitting through Facebook/Instagram/Twitter, sweepstakes entrant warrants and represents to Sponsor that the information provided is true and correct in all material respects and that Sponsor may rely on such information in its efforts to comply with applicable laws and regulations. The potential winner must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. Sponsor reserves the right to require the potential winner to show proof of identity prior to receiving any prize.

Sponsor shall not be responsible for (i) the failure of a potential winner to receive Sponsor’s notification for any reason; (ii) failed, returned or misdirected notifications due to inaccurate information provided by an entrant.

Affidavit of Eligibility and Release/Delivery of Prize. The potential prize winner may be required to sign and return to Sponsor, within two (2) business days from the date the request is made, an affidavit of eligibility and liability/publicity release (except where prohibited by law) and to complete such other documents as Sponsor may reasonably require in order to claim his/her prize, if applicable. If these documents are returned as undeliverable or if a potential prize winner fails to sign and return the affidavit of eligibility and liability/publicity release (if applicable), and to complete such other documents as Sponsor may reasonably require within the required time period, or if a potential prize winner does not meet the eligibility or other requirements of the Sweepstakes, the Prize will be forfeited and an alternate potential prize winner will be selected at random from among all remaining eligible entries.

The prizes will be delivered either by: a) package via UPS, FedEx, or USPS delivery , or b) via electronic delivery within sixty (60) days of Sponsor’s selection of Grand Prize Winner. Sponsor shall not be responsible for delivery of the prize provided that Sponsor addresses the documents to the address provided by the potential winner. Sponsor is not responsible for prizes that are lost or misdelivered by the postal service or carrier.

Release of Liability. Each Sweepstakes entrant agrees that, Sponsor and Sponsor’s affiliated companies, their successors or assigns, and any and all of their respective officers, directors, shareholders, employees, agents, representatives, licensees and advertising and promotion agencies, shall not be liable for any personal injury, death, loss or damage of any kind or any other causes of action or claims related to entrant’s participation in this Sweepstakes, or acceptance or use of the prize awarded, and/or based on publicity rights, defamation or invasion of privacy. Each entrant agrees to release and discharge Sponsor and Sponsor’s affiliated companies, their successors or assigns, and any and all of their respective officers, directors, shareholders, employees, agents, representatives, licensees and advertising and promotion agencies, from any liability arising from or related to the Sweepstakes, personal injury, death, property damage, or claims based on publicity rights, defamation, or invasion of privacy.

Indemnification. Each Sweepstakes entrant agrees to indemnify, defend and hold harmless Sponsor and Sponsor’s affiliated companies, their successors or assigns, and any and all of their respective officers, directors, shareholders, employees, agents, representatives, licensees and advertising and promotion agencies, from and against any loss, damage or expense (including court costs and attorneys’ fees) that they may suffer or incur as a result of or in connection with entrant’s participation in the Sweepstakes or any Sweepstakes-related activity and/or acceptance and/or use of the prize or any portion thereof.

Use of Winner’s Name and Likeness. By submitting an entry, you acknowledge and agree that, if you are selected as a winner, Sponsor may post your first name and last name initial and state on Orgain’s official website, Facebook, Twitter, and Instagram accounts. A winner who accepts the prize will be deemed thereby to have granted to Sponsor the right, at any time and from time to time, to print, publish, broadcast and use, worldwide and in any media now known or hereafter developed, including but not limited to, the Internet and world wide web, the winner’s name, portrait, picture, voice, likeness and biographical information as news or information and for advertising and promotional purposes without additional consideration, or right of review or notification, except where prohibited by law, and to have agreed to provide documentation in writing to confirm the foregoing promptly upon request by Sponsor.

Unlawful Conduct and Disqualification. Sponsor reserves the right, in its sole discretion, to disqualify any Sweepstakes entrant who Sponsor determines, in its sole discretion, has (i) tampered with the entry process or the operation of the Sweepstakes or of any website owned, operated or controlled by Sponsor or its parent, subsidiaries or affiliated companies; (ii) was ineligible to participate in the Sweepstakes; (iii) submitted more than the allowed number of entries; or (iv) otherwise acted in an unlawful manner and/or in violation of these Official Rules. Robotic, automated, programmed, or computer generated entries or mechanical reproductions are prohibited, and any use of such devices or entry methods will cause disqualification. Any attempt by an entrant to deliberately damage any web site or undermine the legitimate operations of the Sweepstakes is a violation of criminal and civil laws. Should such an attempt be made, Sponsor reserves the right to seek damages from any such entrant to the fullest extent permitted by law and to disqualify such entrant from the Sweepstakes.

Suspension/Amendments. Sponsor reserves the right to suspend, cancel, terminate or modify the Sweepstakes without advance notice as required by law and/or in the event Sponsor believes, in its sole discretion, that any computer virus, worms, bugs, tampering, spamming, unauthorized intervention, fraud, technical failures or other errors or problem beyond Sponsor’s control could corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, and thereafter to re-commence such Sweepstakes, if at all, only at such time(s) and upon such terms and conditions as Sponsor shall deem reasonable under the circumstances.

Severability. If any one or more provisions of these Official Rules are held to be invalid, illegal or unenforceable by a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect the validity, effect or enforcement of any other provision or provisions of these Official Rules.

Force Majeure. The failure of the Sponsor to comply with any provision of this Official Rules due to an act of God, hurricane, war, terrorism, fire, riot, earthquake, actions of governmental authorities outside the control of the Sponsor or other force majeure event shall not be considered a breach of these Official Rules.

Governing Law; Jurisdiction; Venue; Limitation of Damages. These Official Rules shall be interpreted in accordance with California law without regard to its conflicts of laws provisions. Each entrant agrees that the state and federal courts located in California shall have exclusive jurisdiction over any dispute arising from or relating to these Official Rules, this Sweepstakes or entrant’s participation in this Sweepstakes, and entrant’s consent to the personal jurisdiction and venue thereof. All disputes shall be resolved individually, without resort to any form of class action, and all claims, judgments and awards shall be limited to actual out-of- pocket costs incurred, but in no event include attorneys’ fees, and under no circumstances will any entrant be permitted to obtain awards for, and hereby waives all rights to claim, punitive, exemplary, incidental, indirect, special, consequential damages and any other damages, other than for actual out-of-pocket expenses and waives all rights to have damages multiplied or otherwise increased.

Winners List. To obtain the names of the official winners (after the conclusion of the Sweepstakes) or a copy of these Official Rules, send a self–addressed envelope with the proper postage affixed postmarked prior to 11/20/16 to: Orgain, Inc, Attn: #PowertothePicky Sweepstakes, PO Box 4918, Irvine, CA  92616 . Please specify “Winner’s Names” or “Official Rules” in your request.

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