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FINAL CHI-#2921016-V2-Palm Breeze Beverage Company Blogger Sweepstakes Rules
FINAL CHI-#2921016-V2-Palm Breeze Beverage Company Blogger Sweepstakes Rules
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OF ANY KIND
WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED
OR RESTRICTED BY LAW. OPEN TO LEGAL U.S. RESIDENTS AT LEAST 21
YEARS OLD ONLY.
Vacay Every Day Sweepstakes (Sweepstakes) is sponsored by Palm Breeze
Beverage Co.. (Sponsor).
General: All federal, state and local laws and regulations apply. Void where
prohibited or restricted by law. By participating in the Sweepstakes, you agree that: (1)
you have read and understand the Official Rules; (2) you meet the Sweepstakes
eligibility requirements as explained in the Official Rules; (3) you unconditionally accept
and agree to comply with and abide by the Official Rules and the decisions of Sponsor,
which are final and binding in all respects. An entrants failure to comply with these
Official Rules may result in disqualification from the Sweepstakes.
1)
Eligibility: Sweepstakes open to natural persons who are legal residents of the
U.S., 21 years of age or older at the time of entry.
2)
Employees, directors and officers of Sponsor and its affiliates, parents, subsidiaries,
representatives, licensors, licensees, successors and assigns, and advertising and
promotion agencies (together, the "Sponsor Entities") and members of their immediate
families (spouses, parents, children, and siblings and their respective spouses,
regardless of where they reside), and/or those living in the same household of any of
the foregoing, are not eligible.
3)
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If an entrant makes or attempts to make multiple entries during the Entry Period,
Sponsor reserves the right to disqualify all entries made by any such entrant. Use of
automated devices and/or third party entry services to enter, and entering by any other
means which subvert the entry process, is prohibited.
Entrants are responsible for any online or other charges incurred with any Internet
service provider and/or wireless carrier. Other charges may apply (such as normal
airtime and carrier charges) and may appear on your mobile phone bill or be deducted
from your prepaid account balance. Wireless carriers' rate plans may vary, and you
should contact your wireless carrier for more information on messaging rate plans and
charges relating to your participation in this Sweepstakes. Wireless services may not be
available in all areas. Check your device's capabilities for specific instructions.
Sponsor Entities are not responsible for late, lost, garbled or misdirected entries or any
computer or human error. Incomplete or illegible entries are ineligible. All entries
become property of Sponsor and will not be acknowledged or returned. Each entrant
may enter using only one (1) account. In the event of a dispute as to the identity of an
entrant, entrant will be deemed the authorized account holder at time of entry.
Sweepstakes Blog Comment Requirements:
By submitting an Sweepstakes Blog Comment into the Sweepstakes, you warrant and
represent that the Sweepstakes Blog Comment conforms to the Official Rules, the
requirements set forth on the Website, and the Sweepstakes Blog Comment
Requirements set forth herein. The following guidelines set by the Sponsor must be
followed for each Sweepstakes Blog Comment:
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You must own all rights in the Sweepstakes Blog Comment and have the right
to grant Sponsor a license to use the Sweepstakes Blog Comment (including any
material embodied in the Sweepstakes Blog Comment);
(ii)
The Sweepstakes Blog Comment cannot be sexually explicit or suggestive,
unnecessarily violent, or derogatory of any ethnic, racial, gender, religious,
professional or age group, profane or pornographic, contain nudity, any materially
dangerous activity, or any inappropriate content;
(iii)
The Sweepstakes Blog Comment cannot promote alcohol abuse, illegal
drugs, depict gambling references or tobacco use, firearms/weapons (or the use of
any of the foregoing), any activities that may appear unsafe or dangerous, or any
particular political agenda or message;
(iv)
The Sweepstakes Blog Comment cannot be obscene or offensive,
defamatory, libelous, threatening, harassing, or endorse any form of hate or hate
group;
(v)
The Sweepstakes Blog Comment cannot defame, misrepresent, or contain
disparaging remarks about Sponsor, or its products or other people, products, or
companies;
(vi)
The Sweepstakes Blog Comment cannot infringe on any trademarks, logos,
copyrighted works, trade dress (such as distinctive packaging or building
exteriors/interiors), or any intellectual property owned by others (including but not
limited to music, photographs, sculptures, paintings, and other works of art or
images, published on or in websites, television, movies, or other media); Sponsor
does not permit the infringement of others rights and any use of materials not
original to the entrant (except copyrighted or trademarked materials owned by
Sponsor) is grounds for disqualification from the Sweepstakes. Do not copy your
favorite movie, book, or photo or include materials, images, graphics, music, or
trademarks belonging to any third parties or incorporate the names, voices,
likenesses, or personas of any party other than yourself unless you have obtained all
rights necessary to permit you to use the same in connection with your Sweepstakes
Blog Comment and grant the rights herein granted to Sponsor; The Sweepstakes
Blog Comment cannot (in the sole discretion of Sponsor) advertise or promote any
brand or product of any kind other than the Sponsors, including, but not limited to,
any of Sponsors competitors, or contain any personal identification, such as
license plate numbers, personal names, e-mail addresses, or street addresses
without permission;
(vii)
The Sweepstakes Blog Comment cannot contain materials infringing on any
individuals right of publicity; entrant must have permission from all individuals
whose name or likeness are depicted in the Sweepstakes Blog Comment;
(viii)
The Sweepstakes Blog Comment cannot communicate messages or images
inconsistent with the positive images and/or goodwill to which Sponsor wishes to
associate; and
(ix)
The Sweepstakes Blog Comment cannot violate any law or otherwise be
inappropriate; all as determined by Sponsor in its sole discretion.
(i)
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5)
Prizes and Approximate Retail Values ("ARV"): No more than one (1) prize
will be awarded to any person. Each prize consists of one
6)
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From blog #2: A Vacay Every Day spa and/or dining experience in or
close to the winners hometown valued at up to $1,000
From blog #3: A Vacay Every Day spa and dining experience in or close
to the winners hometown valued at up to $1,000
From blog #4: A Vacay Every Day shopping experience and/or private
lesson with mixologist or chef in or close to the winners hometown valued at
up to $1,000
ARV of all prizes: $4000. Additional prize details and fulfillment process will be
communicated winner following verification and are subject to sponsors sole
discretion.
Prize[s] awarded AS IS, AS AVAILABLE, and without warranty of any kind, express
or implied, including without limitation any implied warranty of merchantability or fitness
for a particular purpose. Any warranties on a merchandise prize are subject to the
manufacturers terms and conditions and winner agrees to look solely to said
manufacturers for any such warranty claim. If any prize component is awarded as a gift
card, gift cards are subject to the terms and conditions set forth by the issuer.
All federal, state and local taxes and duties are the sole responsibility of winner. Prize
may not be transferred, substituted or redeemed for cash, except that Sponsor may
substitute prize of equal or greater value due to prize availability. Any item or expense
in connection with receipt or use of the Prize, which is not specified above, is the sole
responsibility of the winner. Winner may be required to comply with additional terms
and conditions of issuing company to redeem prize. Winner will be issued an IRS 1099
form for the ARV of the prize.
Winner Notification: Potential winners will be notified via a reply to their
Sweepstakes Blog Comment on each individual blog.
Potential winners then must follow the instructions provided in the reply comment. If (i) a
potential winner does not reply through within 48 hours of the notification Sponsor, (ii)
the Sponsor's message is blocked from contacting potential winner, (iii) the prize or
prize notification is returned as undeliverable, or (iv) potential winner cannot or does not
respond or accept the prize for any reason, then the potential winner will be disqualified
and an alternate potential winner will be selected from all remaining eligible entries
received during the Entry Period for that blog post. Once a potential winner has
engaged in a communication with Sponsor, Sponsor will send the potential winner
additional verification instructions via, email, postal mail and/or express mail at
Sponsors sole discretion. Potential winners are subject to verification by Sponsor,
7)
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which reserves the right to disqualify any entrant or potential winner who is ineligible or
has violated any applicable law or these Official Rules. Potential winner is not a winner
unless and until Sponsor so determines, subject to verification. Prize components
capable of fulfillment through the mail, if any, will be delivered to the winners to the
address provided by winner at confirmation within six (6) weeks of Sponsor's verification
of the winner.
Communications/Privacy: Any personal information collected in connection
with the Sweepstakes will be used and disclosed pursuant to Sponsors Privacy Policy
at http://www.drinkpalmbreeze.com/terms-conditions/ except as otherwise stated herein.
Potential winner agrees to receive email communications from Sponsor concerning
prize notification. Winner agrees that his/her first name and last initial or username and
Sweepstakes Blog Comment may be used in announcing winners on Sponsors
Facebook page, and for publication, advertising and promotional purposes by Sponsor
without further consideration in any media or format now known or hereafter devised,
throughout the world, in perpetuity, unless prohibited by law.
8)
9)
I acknowledge that I am familiar with the provisions of California Civil Code 1542,
which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR
HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY
HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT
WITH THE DEBTOR. I, being aware of said code section, hereby expressly waive any
rights I may have thereunder, as well as any other statute or common law principles of
similar effect.
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lost/delayed data, omission, interruption, deletion, defect, line failures or any telephone
network, computer equipment, software, inability to access any website or online
service, or any other error or malfunction, or late, lost, scrambled, illegible or
misdirected entries, even if the administration or proper play of the Sweepstakes is
compromised. If Sponsor suspects or believes that any tampering or technical
difficulties may compromise the integrity of the Sweepstakes, Sponsor reserves the
right to cancel or modify the Sweepstakes, or void the entries at issue and conduct a
random drawing using all eligible entries received. Sponsor Entities are not responsible
for any failure of delivery of notice to potential winners or failure to receive responses
from potential winners. If the Sweepstakes is terminated early, notice will be posted at
on each of the blogs listed in Rule #4 above. Any attempt to deliberately damage the
content or operation of this Sweepstakes is unlawful and may be subject to legal action.
Disputes: The Agreement shall be governed by, and construed in accordance
with, the laws of the State of Illinois, without regard to its conflict of law provisions,
except as to matters relating to arbitration, which shall be governed by the Federal
Arbitration Act. Any dispute with any of the Sponsor Entities arising out of or relating to
the Sweepstakes or any prize will be decided only by arbitration, individually and not on
a class-wide basis. Any arbitration will be administered by the American Arbitration
Association and will take place in Cook County, Illinois. The remedy for any claim
concerning this Sweepstakes or any prize is limited to actual damages. In no event
shall any party be entitled to recover punitive, exemplary, consequential or incidental
damages, or attorneys fees or other costs related to bringing a claim. Entrants may not
rescind their agreement with these Official Rules or seek injunctive or other equitable
relief.
11)
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