“Win to Spin: The Primal Kitchen” Sweepstakes
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT WILL NOT INCREASE OR IMPROVE YOUR CHANCES OF WINNING.
1. ELIGIBILITY. The “Win to Spin: The Primal Kitchen” Sweepstakes (the “Sweepstakes”) is only open to entrants who, as of the entry date, are permanent legal residents of the fifty (50) United States including the District of Columbia, who are at least eighteen (18) years of age (or nineteen (19) years of age or older for residents of Alabama and Nebraska). The Sweepstakes is void outside the eligible Sweepstakes territory; and where prohibited or restricted by law. Employees, officers and directors of Primal Kitchen (“Sponsor”) as well as their parent, subsidiaries, affiliates, divisions, advertising and promotion agencies, and the immediate families (defined as parents, spouses, children, siblings, grandparents, and their respective spouses) or members of the same household (whether related or not) of each such employee, officer and director, are not eligible to enter. The Sweepstakes, and any website pages and advertisements relating thereto, is intended for viewing only within the eligible Sweepstakes territory, and entrants must be present in the eligible Sweepstakes territory at the time they enter.
2. SPONSOR. Primal Kitchen, 1101 Maulhardt Avenue, Oxnard, CA 93030. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Woobox, Peloton® or Instagram.
3. TIMING. The Sweepstakes entry period begins at 12:01 a.m. Pacific Standard Time (“PST”) on May 18, 2020 and ends at 11:59 p.m. PST on June 8, 2020 (the “Entry Period”). Sponsor’s computer is the official timekeeping device for the Sweepstakes.
4. HOW TO ENTER. During the Entry Period, (i) visit https://www.primalkitchen.com/pages/peloton-giveaway and follow instructions. LIMIT: one (1) entry per person, per email address in the Sweepstakes. Entries must be received by Sponsor during the Entry Period. Entries must conform to the entry requirements in Section 5 below. Automated or robotic entries submitted by individuals or organizations will be disqualified. Internet entry must be made by the entrant. Any attempt by an entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations, logins or any other methods, including, but not limited to, commercial contest/sweepstakes subscription notification and/or entering services, will void that entrant's entries and that entrant may be disqualified. Final eligibility for the award of any prize is subject to eligibility verification as set forth below. All entries must be posted by the end of the Entry Period in order to participate. Sponsor's database clock will be the official time keeper for this Sweepstakes.
To participate in the Sweepstakes, you must have a public Instagram account and your account privacy settings must be set to “Off.” If you do not have an Instagram account, visit www.instagram.com and create a free account. Your entry must comply with the Rules and Policies of Instagram, available at https://help.instagram.com/1188470931252371. An entrant must be the rightful owner (or have authorized use) of the e-mail address identified with the participant’s Instagram account. Multiple participants are not permitted to share the same email address or Instagram account. Any attempt by any participant to obtain additional entries beyond the limit by using multiple/different email addresses, Instagram accounts, identities, registrations and logins, or any other methods will void that entrant’s entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to an entrant’s entry, the natural person who is the authorized account holder of the email address identified with the participant’s entry (including the participant’s Instagram account) will be deemed to be the entrant, but only if that person is otherwise eligible to enter the Sweepstakes. The “authorized account holder” is the natural person assigned to an email address by an Internet access provider, online service provider, Internet service provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each potential winner may be required to show proof of being the authorized account holder. If a dispute cannot be resolved to Sponsor’s satisfaction, the winning entrant may be deemed ineligible. ELIGIBLE ENTRANTS MUST ENTER IN ACCORDANCE WITH THESE OFFICIAL RULES. NO OTHER METHOD OF ENTRY WILL BE ACCEPTED. Normal Internet access and usage charges imposed by entrant’s online service will apply.
By submitting an entry, the entrant represents and warrants that the submitted entry complies with all requirements of these Official Rules, including those set forth in Section 5, and will indemnify, defend and hold Sponsor and all Sweepstakes parties harmless from and against any breach of such representation and warranty. Entries are also subject to the terms and conditions of Instagram. Failure to submit all required information and submissions in the manner required in these Official Rules may result in disqualification. All entries become the exclusive property of Sponsor. ENTRY MATERIALS (INCLUDING PHOTOGRAPHS) WILL NOT BE ACKNOWLEDGED. Proof of submission of any entry materials will not be deemed to be proof of receipt by Sponsor. All entrants, participants and entries are subject to verification by Sponsor, as are the eligibility, age and other claims of/information provided by an entrant or potential prize winner. Any submission that does not comply with any aspect of these Official Rules, as determined by Sponsor in its sole discretion, may be rejected by Sponsor and the entrants disqualified. Entrants will cooperate with Sponsor and its representatives in connection with any and all verification activities.
5. ENTRY REQUIREMENTS. Entries must meet the following requirements, compliance with which shall be as determined by Sponsor in its sole discretion:
Enter a valid email address at https://www.primalkitchen.com/pages/peloton-giveaway.
Sign into Instagram and follow us on @primalkitchenfoods, @marksdailyapple, and @theprimalblueprint.
Each entrant agrees that Sponsor and its successors, designees and assigns shall each have the perpetual, irrevocable, world-wide and fully-transferable right (but not obligation) to use, modify, display, reproduce, make derivative works of, and otherwise exploit entrant’s entry and submissions (or any part thereof, including the photograph) for promotional purposes in any manner or media whether now or hereafter existing and/or to otherwise use or commercially exploit any entry or submission (or any part thereof) or information or ideas contained within any entry or submission, all without payment, notice, attribution, consideration or consent. Such use includes, without limitation, the right to use an entry (or any part thereof) and/or entry materials on Sponsor’s websites in connection with the Sweepstakes (including past and future installments of the Sweepstakes), and for any other purpose as determined by Sponsor in its sole discretion; provided, however, there is no guarantee of use of an entry (or any part thereof) for any purpose; and provided further, the timing of any posting shall be as determined by Sponsor in its sole discretion, and an entrant shall have no claim with respect to the delayed timing of a posting or failure to make a posting. Sponsor does not have any obligation to maintain any of the entries or submissions, or any information or ideas contained therein, as confidential or proprietary. SPONSOR AND ITS DESIGNEES RESERVE THE RIGHT TO EDIT, MODIFY, OR ABRIDGE ANY SUCH ENTRY OR SUBMISSIONS (INCLUDING, WITHOUT LIMITATION, BY OBSCURING OR BLURRING ANY PORTION OF THE PHOTO ENTRY) FOR ANY REASON PRIOR TO USE, INCLUDING, WITHOUT LIMITATION, IN CONNECTION WITH USE IN THE SWEEPSTAKES AND/OR SUCH OTHER USES AS CONTEMPLATED ABOVE OR BY THESE OFFICIAL RULES, AND ENTRANT CONSENTS TO ANY SUCH ACTIVITIES.
6. AGREEMENT TO OFFICIAL RULES AND DECISIONS. By participating in the Sweepstakes, each entrant fully and unconditionally agrees to be bound by and accepts these Official Rules and the decisions of Sponsor (including, without limitation, decisions regarding eligibility of entries, the selection of entrants and the winner, and the awarding of the prize), which are final and binding in all respects.
7. DRAWING; ODDS; NOTIFICATION. On or before June 10, 2020, Sponsor will utilize the Woobox winner selector to randomly select one (1) potential winner from among all eligible entries received by Sponsor through all methods of entry. Odds of winning a prize depend on the number of eligible entries received by Sponsor in the Sweepstakes. The entrant selected must comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements. The potential winner will be notified by email. The potential winner will be required to execute and return to Sponsor a notarized Affidavit of Eligibility, a Liability Release, and, except where prohibited by law, a Publicity Release (an “Affidavit/Release”) in the form(s) provided by Sponsor in order to claim his/her prize. The Affidavit/Release must be returned to Sponsor by the date and/or time indicated within the Affidavit/Release. If the potential winner cannot be contacted within seventy-two (72) hours of the first attempt to contact him/her, or if the potential winner fails to return the Affidavit/Release within the specified time, or if any prize or prize notification is returned as undeliverable, or if the potential winner is found to be ineligible, or if the potential winner does not comply with the Official Rules, then the potential winner may be disqualified and an alternate winner selected by Sponsor in his/her place at random from among all eligible non-winning entries received by Sponsor for the Sweepstakes. In such event, an alternate potential prize winner will be notified as described above and will be required to return the required documents to Sponsor as described above; provided, however, Sponsor may alter the above timing to meet its Sweepstakes schedule and due to such schedule, Sponsor may be unable to award the prize in this Sweepstakes.
8. PRIZE. Subject to the terms and conditions of these Official Rules, one (1) prize package will be awarded in this Sweepstakes. The prize package consists of and is limited to one (1) exercise bike (Peloton® stationary bike -Basic Package) as determined by Sponsor in its sole discretion) (ARV: $2,245) and a package of Primal Kitchen products (ARV: $200). Approximate retail value (“ARV”) total for the entire prize is two thousand and four-hundred and forty-five dollars ($2,445). THE PELOTON PORTION OF THE PRIZE CONSISTS OF AND IS LIMITED ONLY TO THE UNIT AND OTHER ITEMS WHICH ACCOMPANY A BASE MODEL UNIT IN ITS BOX. ADDITIONAL SERVICES AND/OR ITEMS, INCLUDING WITHOUT LIMITATION DIGITAL MEMBERSHIP SUBSCRIPTIONS ARE, OR MAY BE REQUIRED TO USE THE PRIZE, AND THOSE SERVICES AND ITEMS ARE NOT INCLUDED WITH THE PRIZE BUT MUST BE PURCHASED OR OTHERWISE OBTAINED AT THE WINNER'S TIME AND EXPENSE IN ORDER TO USE THE PRIZE.
Prize is nontransferable, nonassignable, nonnegotiable, and not redeemable for cash or credit. Prize must be accepted as awarded. Prize is awarded “AS IS” with no warranty, representation, or guarantee, express or implied, in fact or in law, made by Sponsor or for which Sponsor shall be liable, including, without limitation, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. No prize substitutions, except by Sponsor, who reserves the right (but has no obligation) to substitute a prize (or a component thereof) with another prize of equal or greater value (including cash) if the prize (or a component thereof) is not available for any reason as determined by Sponsor in its sole discretion. Unused components of the prize shall be forfeited and have no redeemable cash value. Winner is solely and fully responsible for any and all costs, fees, taxes, assessments and expenses associated with prize award, redemption, receipt and use, including, without limitation, all federal, state and local taxes on the prize. If applicable, winner will be issued an IRS Form 1099 for the actual retail value of the prize. Winners waive the right to assert as a cost of winning a prize any and all costs of verification and redemption or travel to redeem the prize. If a winner is a minor in his/her jurisdiction of primary residence, prize may be awarded to the minor’s parent or legal guardian who must assume all responsibilities of the prize winner. Non-compliance with any of the foregoing and any other condition of this Sweepstakes may result in disqualification and forfeiture of prize, in which case, no consideration will be awarded.
9. PUBLICITY. Except where prohibited by law, participation in the Sweepstakes constitutes winner’s consent to Sponsor’s (and its designees’, successors’ and assigns’) use of winner’s name, biography, likeness, voice, photographs, video, opinions, statements, hometown, state and country for promotional purposes in any manner or media (including, without limitation, online), worldwide, in perpetuity, and without further payment, consideration, notice, review or consent.
10. GENERAL CONDITIONS. Sponsor reserves the right, in its sole discretion, to terminate, modify or suspend the Sweepstakes if, in Sponsor’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Sweepstakes, or if viruses, bugs, unauthorized intervention, fraud, technical difficulties or failures or any other factor beyond Sponsor’s reasonable control corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes. In such event, Sponsor reserves the right (but does not have the obligation) in its sole discretion to award prizes at random from among eligible, non-suspect entries received up to the time of suspected impairment. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage any website or undermine the legitimate operation of this Sweepstakes is a violation of criminal and civil laws, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision or any other provision of these Official Rules.
11. RELEASE. By entering, each entrant forever and irrevocably releases and holds harmless Sponsor, Instagram, and their parents, subsidiaries and affiliates, respective agents, advertising and promotion agencies, affiliates, Sweepstakes partners and prize suppliers, and all of their respective employees, officers, directors, shareholders and agents from and against all claims, damages or liabilities arising in whole or in part, directly or indirectly, from entrant’s participation and/or entry in the Sweepstakes and/or entrant’s award, receipt or use of any prize awarded in the Sweepstakes.
12. LIMITATIONS OF LIABILITY. Sponsor is not responsible for: (1) incorrect or inaccurate transcription of entry information or late, lost, stolen, unintelligible, illegible, damaged, mutilated, altered, incomplete, misdirected or postage due entries or entries received through impermissible or illegitimate channels, all of which will be disqualified; (2) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer online systems, computer equipment, website, server provider, network, hardware or software; (3) the unavailability or inaccessibility of any website or service; (4) unauthorized intervention in any part of the entry process or the Sweepstakes; (5) printing, typographical, electronic or human errors which may occur in the offer or administration of the Sweepstakes or the processing of entries; or (6) any injury or damage to persons or property, including but not limited to entrant’s computer, which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes, or from viewing, playing or downloading any material from Sponsor’s website(s), regardless of whether the material was prepared by Sponsor or a third party, and regardless of whether the material is connected to Sponsor’s websites by a hypertext link.
13. DISPUTES. Entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded shall be resolved individually, without resort to any form of class action, and solely and exclusively by the appropriate California State Court located in Ventura County, California; entrant submits to sole and exclusive personal jurisdiction to said courts in the State of California for any such dispute and irrevocably waives any and all rights to object to such jurisdiction; (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 entrant be permitted to obtain awards for and entrant hereby waives all rights to claim 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant or Sponsor in connection with the Sweepstakes shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules of provisions (whether of the State of California, the United States, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
14. OFFICIAL RULES. These Official Rules are available at https://woobox.com/upuy88/rules , or by sending a self-addressed postage-stamped envelope to “Win to Spin: The Primal Kitchen” Sweepstakes – Rules Request,” c/o Primal Kitchen, 1101 Maulhardt Avenue, Oxnard, CA 93030.
15. WINNER’S LIST. To request a list of the Sweepstakes winner, send a self-addressed postage-stamped envelope to “Win to Spin: The Primal Kitchen” Sweepstakes - Winner List Request,” c/o Primal Kitchen, 1101 Maulhardt Avenue, Oxnard, CA 93030. Requests must be received by August 8, 2020.