Earth Balance ONLINE PROMOTION Official Rules NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW OR REGULATIONS.
1. ELIGIBILITY: The Earth BalanceTM Promotion (the “Promotion”) is open to all legal residents of the U.S. who are at least eighteen (18) years of age as of contest start date, except employees of GFA Brands Inc. (“Sponsor”), VOCO Creative, their parent companies, affiliates, subsidiaries, advertising and promotion agencies (collectively, the “Promotion Parties”), persons living in the same households, and the families (spouse, parents, children and siblings) or household members of each. The Promotion is subject to all applicable federal, state and local laws and regulations.
2. TO ENTER: The Promotion will begin at 12 AM Mountain Standard Time (“MST”) on May 1, 2017 and end at 11:59 PM MST on May 31, 2017 (“Promotion Period”). To enter the Promotion, use the Woobox Facebook or Twitter app. In the event of a dispute over the identity of an entrant, entry will be deemed submitted by the authorized account holder of the email account of the email address submitted at time of entry. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Entry is limited to one (1) submission per day per entrant. Entries that are lost, late, incomplete, illegible, or corrupted are void and will not be accepted.
3. SUBMISSION REQUIREMENTS: Entries must comply with these Official Rules and must not defame or libel Sponsor or any third party. Entries that do not comply with these Official Rules or that otherwise contain prohibited or inappropriate content, as determined by the Sponsor in its sole discretion, will be disqualified and will not be considered for prizes. Sponsor further reserves the right, in its sole discretion, to edit any entry. Sponsor makes the final determination as to which entries are eligible to take part in this Promotion, and Sponsor’s decisions shall be binding.
4. SELECTION OF WINNER: At the conclusion of the Promotion Period, one (1) winner of the Standard Prize (as defined below) will be randomly selected. The winner will be contacted via email at the email address used to enter the Contest and asked to submit his or her mailing address and phone number to claim their Prize (as defined below). If a potential winner no longer has a valid personal email address or otherwise cannot be reached, does not provide a valid mailing address, or the Prize is returned as undeliverable, the Prize may be forfeited and a new winner will be randomly selected. Odds of winning are dependent upon the number of eligible entries received during the Promotion Period.
5. PRIZE DESCRIPTIONS: One (1) Standard Prize will be given, consisting of one (1) $150 gift card to Walmart Supercenter stores. Each Standard Prize is referred to herein collectively as the “Prize”. No substitution or transfer of the Prize is permitted by the winner. Sponsor reserves the right to substitute a prize of equal or greater value in its sole discretion. Limit one (1) Prize per person. The Prize winners will be solely responsible for all taxes, if any, and any expenses not specified related to acceptance and use of their Prize. The names and cities of all or any of the winners may be featured on a website or other advertising related to the Promotion in Sponsor's sole discretion. There is no cash value attributed to being featured on a website or in any advertising or marketing materials. In the event a winner is featured on a website or in any publication or advertising, no additional compensation beyond the Prize will be awarded.
6. SPONSOR’S RIGHTS IN SUBMITTED MATERIALS: By submitting materials and/or information to Sponsor (“Submitted Materials”), you grant Sponsor and its agents the irrevocable and perpetual nonexclusive right to use your name and address and to display, print, publish, reproduce, distribute, modify, create derivative works from, promote and provide access to any such Submitted Materials, in any media throughout the world, and without additional consideration. All Submitted Materials must be your original work; may not have been published previously; must not infringe third-party rights; and must be suitable for publication (e.g., may not be obscene or indecent). By submitting any material, you warrant and represent that you have permission from all persons identified or depicted in all Submitted Material, if any, including without limitation from any person who took photos, if any. Sponsor may modify or edit Submitted Materials in its sole discretion. By entering the Promotion, you consent to the use by the Promotion Parties of your name, likenesses (if applicable), Submitted Materials (including photographs, if applicable), and biographical information for marketing purposes without further compensation or right of approval, unless prohibited by law.
7. RELEASE OF LIABILITY: By participating, you release Sponsor, its subsidiaries, affiliates, partners, employees, directors, and agents, including advertising and promotion agencies (“Released Entities”), from any and against any and all injury, loss, or damage caused or claimed to be caused by, or arising out of, your participation in the Promotion and/or the acceptance, awarding, receipt, use, and/or misuse of a Prize, and you agree that the Released Entities are not responsible for any warranty, representation, or guarantee, expressed or implied, in fact or in law, relating to the Promotion and/or the awarding of any Prize, except as expressly set forth in these Official Rules. Notwithstanding the foregoing, in the event that the preceding release is determined by a court of competent jurisdiction to be invalid or void for any reason, Promotion entrant agrees that, by entering the Promotion: (i) any and all disputes, claims, and causes of action arising out of or in connection with the Promotion, or any prizes awarded, shall be resolved individually without resort to any form of class action; (ii) any claims, judgments, and/or awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Promotion, but in no event attorney's fees; and (iii) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim, punitive, incidental, or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses. By uploading Submitted Materials you agree to defend, indemnify, and hold harmless Released Entities against any and all third-party claims, damages, liabilities, costs, and expenses, including reasonable legal fees and expenses, arising out of or related to any breach by you of any provision of these Official Rules, including, without limitation, your representations and warranties made herein.
8. OTHER RULES: Void where prohibited. All federal, state and local laws apply. Sponsor is not responsible for: (i) lost, late, misdirected, damaged, garbled, or illegible entries; (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft, or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; or (iii) any injury or damage to entrant's or any other person's computer related to or resulting from participating in the Promotion. By participating in the Promotion, you (a) agree to be bound by these Official Rules, including all eligibility requirements, and (b) agree to be bound by the decisions of Sponsor, which are final and binding in all matters relating to the Promotion. Failure to comply with these Official Rules may result in disqualification from the Promotion. Sponsor reserves the right to: (i) permanently disqualify from any Promotion it sponsors any person it believes has intentionally violated these Official Rules; and (ii) suspend, modify, or terminate the Promotion if Sponsor believes, in its sole discretion, that malfunction, error, disruption, or damage is impairing or will impair the administration, security, fairness, integrity, or proper conduct of the Promotion. LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER, OR VANDALIZE THE PROMOTION WEBSITE OR INTERFERE WITH THE OPERATION OF THE PROMOTION, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
9. DATA COLLECTION/PRIVACY: Sponsor and the Promotion Parties collect personal information from you when you enter the Promotion. Entering the Promotion constitutes your permission to Sponsor and the Promotion Parties to collect and maintain the data.