21 Days Challenge Giveaway Rules
- PROMOTION PERIOD: The Vive Organic “Wellness Retreat Giveaway” (the “Promotion”) is sponsored by Vive Organic, Inc. (the “Sponsor”) and is offered between 12:00 AM Pacific Time (“PT”) on August 15, 2022 and 11:59 PM PT on [insert date] (the “Promotion Period”).
- ELIGIBILITY: The Promotion is open only to legal residents of the 50 United States and the District of Columbia (the “Eligibility Area”) who are 18 years of age or older at time of entry. Employees, officers and directors of Sponsor, its parents, subsidiaries, affiliates, participating advertising and promotion agencies, prize suppliers, advertising partners and the immediate family members (spouses and siblings, children and parents and their spouses, and the “steps” of each, regardless of where they live) or members of the same households (whether related or not) of such individuals are not eligible. Sponsor’s determinations of eligibility are final and may be made at any time. Void where prohibited or restricted by law.
- AGREEMENT TO OFFICIAL RULES: Participation in the Promotion constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein. Any entrant may be disqualified at Sponsor’s sole discretion if they fail to comply with any of the terms of these Official Rules.
- TO ENTER: Visit www.viveorganic.com/pages/21days during the Promotion Period, locate the entry form, provide the required entry information, and submit the entry form so it is received no later than 11:59 PM PT on [insert date]. Sponsor may also offer entry into the Promotion via other websites, as determined by Sponsor in its sole discretion.
Completing the entry form also constitutes your willful agreement to opt-in to Sponsor’s email marketing list (which includes receiving a daily wellness video link by email for the first 21 days). You may opt-out of the list at any time by using the “unsubscribe” link which will appear within each of Sponsor’s email messages. If you decide to opt-out, this will not affect your ability to enter the Promotion or your odds of winning a prize in the Promotion.
Limit (1) entry per person and per email address. Entries will be disqualified if they are late, incomplete and/or in excess of the stated entry limits. Sponsor’s computer will be the official time clock for the Promotion. The use of any device or technique to automate participation in this Promotion, including but not limited to, participation using any bot, macro, script, hack, on-line sweepstakes service or form-filling software (or any other devices or techniques intended to automate any part of participation in the Promotion) is prohibited. Participation by any means which subvert the participation process as described herein will be void. If Sponsor or its designee, in its sole discretion, determines that any participant has used any device or technique to automate or subvert the participation process or participation limits, all participation by that participant will be void and future participation attempts by the participant at issue may be blocked. Any attempt by a person to use multiple accounts or identities to gain more entries than permitted by these Official Rules shall result in disqualification at the discretion of Sponsor. Entry information becomes the property of Sponsor upon submission. Multiple entrants are not permitted to share the same email account. Proof of submission of entry does not constitute proof of receipt of entry. In the event of a dispute as to the identity of the entrant associated with any entry, the authorized account holder of the email account associated with the entry, at time of submission, will be deemed to be the entrant. The “authorized account holder” is the natural person assigned to the applicable email account by the email service provider. A potential winner may be required to show proof of being the authorized account holder. In the event a dispute regarding the identity of the person who actually submitted an entry cannot be resolved to Sponsor's satisfaction, the affected entry will be deemed ineligible. Normal Internet access and usage charges imposed by your online service will apply. Note that free internet access is available at most public libraries. If you participate from your mobile phone, such activity will be subject to the charges pursuant to your wireless service provider’s rate plan. You further agree that by providing your mobile phone as part of your entry information, you are consenting to Sponsor or its designee contacting you via a live call or text message to your mobile phone if you are a potential winner, which will be subject to the charges pursuant to your wireless service provider’s rate plan. Entrants are solely responsible for any related equipment, application, and internet access charges, if any.
- RANDOM DRAWING/PRIZE DESCRIPTIONS/ODDS: On or about [insert date], a random drawing will be conducted by Promotion Mechanics, Inc., an independent judging organization, from among all eligible entries received to award the following prize:
(1) Grand Prize: A trip to a wellness retreat, to be awarded as a check made out to the winner in the amount of $4,600. Winner may use the prize funds to self-book a wellness retreat trip on winner’s choice of available dates; however, prize funds are issued without restriction. Travel agent or similar services are not included as part of the prize.
Winner will be notified by email, phone, and/or mail at Sponsor’s sole discretion. Odds of winning depend on the number of eligible entries received.
- GENERAL: Winner will be required to complete an affidavit of eligibility and liability release and (where legal) a publicity release, and an IRS W9 Form, which must be returned within the time period specified by Sponsor (or its designee) or an alternate winner may be selected. The value of the prize will be taxable to prize winner as income. Return of any prize/prize notification as undeliverable may result in disqualification of winner and selection of an alternate winner. Released Parties are not responsible and shall not be liable for: (a) any telephone, electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties of any kind, including without limitation, server malfunction or by any human error which may occur in the processing of entries; (b) failed, incomplete, garbled or delayed computer transmissions; (c) late, lost, illegible, postage-due, incomplete, damaged or misdirected entries or mail; and (d) any condition caused by events that may cause the promotion to be disrupted or corrupted. Sponsor reserves the right in its sole discretion to cancel or suspend the Promotion or any portion thereof should viruses, bugs, or other causes corrupt the administration, security or proper play of the promotion; in which case prize will be awarded via a random drawing from among all eligible entries received prior to cancellation. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. In no event will Released Parties be responsible or liable for any damages or losses of any kind, including direct, indirect, incidental, consequential or punitive damages arising out of your access to and use of any internet site. Without limiting the foregoing, everything on this site is provided “as is” without warranty of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement. The Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. When terms such as “may” are used in the Official Rules, Sponsor has sole and absolute discretion. Participants agree to waive any rights to claim ambiguity of these Official Rules.
Prize recipient will receive an IRS Form 1099 issued in their name for the actual value of prizes received. Proof of identity, age, and legal residence may be required to claim a prize. In Sponsor’s sole discretion, a potential winner may only be notified one time as set forth above for attempted prize notification. Any winner or potential winner may be disqualified in Sponsor’s sole discretion if: (a) they fail to reply or to provide any required information or properly completed documents within the required time period; (b) they fail to comply with any of the terms of these Official Rules; or (c) if any prize or prize notification is returned as undeliverable. In the event of disqualification of a winner or potential winner, at Sponsor’s sole discretion and if time allows, the prize may be awarded to an alternate winner selected from among the remaining applicable eligible entries via the means of winner determination described herein, pending verification of eligibility. No responsibility is assumed by Sponsor for any incorrect or missing contact information associated with an entry, or for any change of such contact information after entry submission.
Any prize details and restrictions not specified will be determined by Sponsor in its sole discretion. No prize transfers, except as specifically allowed herein. No cash redemption of non-cash prizes. Unless otherwise specified herein, no prize substitution will be permitted except at Sponsor’s sole discretion due to unavailability, in which case, at Sponsor’s sole discretion, a prize of comparable or greater value will be awarded. All other costs and expenses associated with acceptance and use of a prize not specified herein as being awarded are the sole responsibility of the prize recipient. Sponsor will not replace any lost, damaged or stolen prizes. All taxes (including without limitation Federal, state and local taxes, and any incremental income taxes) in connection with a prize, and the reporting consequence thereof, are the sole responsibility of the applicable prize recipient. Sponsor makes no representations regarding the tax liability associated with any prize, and prize recipients are advised to seek counsel regarding any tax liabilities associated with their prize. Unless otherwise indicated herein or in any applicable manufacturer’s warranty information, all prizes are awarded as-is and without warranty of any kind, implied or express. Any difference between the approximate value and actual value of a prize will not be awarded.
- RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Promotion, entrants agree to release and hold harmless Sponsor, participating advertising and promotion agencies, prize suppliers, advertising partners, and any of the respective parent companies, affiliates, or subsidiaries of the foregoing, together with the respective officers, directors, shareholders, employees, agents, and assigns of each (aforementioned individuals and organizations collectively, the “Released Parties”) from and against any and all losses, damages, rights, claims and actions arising out of participation in the Promotion or receipt or use/misuse of any prize, including, but not limited to: (a) unauthorized human intervention in the Promotion; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors or any errors made in the advertisement of the Promotion; (d) errors in the administration of the Promotion or the processing of entries; (e) changes to social media platform policies and procedures that may interfere with the operation of the Promotion; (f) content filtering or any malfunction/error/failure which may impact the accessibility of entries or the transmission or receipt of winner verification notices (or other communications with a winner or potential winner); (g) claims based on publicity rights, defamation and/or invasion of privacy and the collection, use and/or sharing by Sponsor of personally identifiable information of the entrants; or (h) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Promotion or receipt of any prize. Without limiting the foregoing, the Promotion, all prizes, and all materials provided on or through any Promotion-related website are provided "as is" without warranty of any kind, either express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Entrants further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the releases herein are hereby expressly and forever waived. Entrants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” The releases herein are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
- PUBLICITY: By participating, you grant to Sponsor and its affiliated companies the right, except where prohibited by law, to use your name, likeness, picture, address (city and state), organization name, social media handle(s), voice, biographical information, entry, and written or oral statements about the Promotion or Sponsor’s products/services (the “Materials”), for advertising and promotional purposes in promoting or publicizing Sponsor, its affiliated companies, and the products or services of each, in any and all media without limitation as to time or territory, without compensation unless required by law. You shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based on invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, or use in composite form of the Materials.
- DISPUTES/CHOICE OF LAW: Except where prohibited, by participating in the Promotion you agree that: (a) any and all disputes, claims and causes of action arising out of, or connected with, the Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by state and federal courts with jurisdiction over Los Angeles County, California; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Promotion (if any) but in no event attorneys’ fees; (c) under no circumstances will you be permitted to obtain awards for and you hereby waive 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; and (d) your remedies are limited to a claim for money damages (if any) and you irrevocably waive any right to seek injunctive or equitable relief. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Promotion, 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 (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
- SEVERABILITY/HEADINGS: If any provision of these Official Rules is found to be unlawful, void or unenforceable for any reason, then that provision shall be deemed severable from these Official Rules and shall not affect the validity and enforceability of any remaining provisions. Headings and captions are used in these Official Rules solely for convenience of reference, and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof.
- WHO WON?: For the first name, last initial, city, and state of the winner, mail a self-addressed, stamped envelope to be received by [insert date] to: Vive Organic “Wellness Retreat” Winner List, PO Box 750, Southbury, CT 06488-0750. Winner may also be announced on the Sponsor’s website and/or social media account(s), at Sponsor’s sole discretion.
Any third-party trademarks, service marks and trade names referenced herein are the property of their respective owners, are used for descriptive purposes only, and do not imply any sponsorship or endorsement of this Promotion
Sponsor: Vive Organic, Inc., 2554 Lincoln Blvd., #772, Venice, CA 90291
© 2022 Vive Organic, Inc. All rights reserved.