Smoothie Soulmate Rules
Smoothie King's #SmoothieSoulmate Sweepstakes
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCE OF WINNING. This Sweepstakes is intended for participants who are legal residents of the United States only and 18 years of age or the age of majority, whichever is older, at the time of entry. Do not enter if you are not located in the United States at the time of entry. Subject to all applicable federal, state, and local laws, regulations and ordinances. Void where prohibited. This Sweepstakes is in no way sponsored, endorsed, or administered by Facebook or Twitter.
1. Eligibility: The Smoothie King #SmoothieSoulmate Sweepstakes (“Sweepstakes”) is open only to legal U.S. residents currently residing in the 50 United States and the District of Columbia and who are at least eighteen (18) years old or the age of majority, whichever is older, as of the time of entry. Employees, directors and officers of Smoothie King Franchises, Inc. and Smoothie King Co., Inc. (collectively, “Sponsor”), and any of their respective parents, affiliates, subsidiaries, representatives, consultants, contractors and the advertising, fulfillment and judging/Sweepstakes agencies involved in the administration, development, fulfillment and execution of the Sweepstakes (collectively, the “Sweepstakes Parties”), as well as the immediate family (spouse, parents, siblings, and children, regardless of where they live) and household members of the Sweepstakes Parties, are not eligible to enter.
2. Entry Period: The Sweepstakes begins at 12:00 p.m. Central Time on February 1, 2016 and ends at 11:59 p.m. Central Time on February 27, 2016. Sponsor’s computer is the official time-keeping device for the Sweepstakes.
3. Agreement to Official Rules: By submitting an entry, you indicate your full and unconditional agreement to, and acceptance of, these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth in these Official Rules. Sponsor reserves the right to verify the eligibility of winners.
4. How to Enter: During the Entry Period, go to www.Facebook.com/SmoothieKing and complete the Smoothie Soulmate Quiz. Before the quiz results are provided, an optional Sweepstakes entry form will be displayed. Required entry form fields include first and last name, email address, zip code, birth date and agreement to official rules. Upon completion and submission of the entry form, you automatically will be entered with one (1) entry (“Quiz Entry”) into the Sweepstakes. Limit one (1) Quiz Entry per person per 24-hour period throughout Entry Period. Upon submitting a Quiz Entry, each entrant may earn an additional entry (“Share Entry”) by clicking on the Facebook Share or Twitter Share button to share their quiz results on their personal Facebook and/or Twitter page. Facebook and Twitter shares must include the hashtag “#SmoothieSoulmate and #Sweepstakes” in order for the entry to be eligible. Limit two Share Entries (one for a Facebook share, one for a Twitter share) per person per 24-hour period throughout Entry Period. Total Limit: THREE (3) ENTRIES (ONE (1) QUIZ ENTRY AND TWO (2) SHARE ENTRIES) PER PERSON PER 24-HOUR PERIOD THROUGHOUT ENTRY PERIOD. Sponsor reserves the right to disqualify any entry that fails to comply with these Official Rules. Having a Facebook or Twitter account is not a requirement to submit a Quiz Entry, but it is a requirement to submit a Share Entry. Your Facebook/Twitter account must be set to the “public” setting to enter via the Share Entry method. If you do not have a Facebook or Twitter account, you may sign up for a free account at www.facebook.com or www.twitter.com, respectively. Standard data charges may apply. If you deactivate your Facebook or Twitter account (as relevant) at any time prior to the selection of winners, as described below, your Share Entry will be void. Anyone found to use multiple Facebook or Twitter accounts to enter via the Share Entry method will be ineligible, and multiple entrants are not permitted to share the same Facebook or Twitter account.
Automated or bulk entries or entries submitted by third parties will be disqualified. Entries must be submitted by the contestant. No copies, facsimiles, or mechanical reproductions of the entry form will be accepted. Any attempt by any participant to obtain more than the stated number of entries by using multiple and/or different identities, forms, registrations, email addresses, logins, or any other methods will void that participant’s entries, and that participant may be disqualified at Sponsor’s discretion. Multiple participants are not permitted to share the same email address. In the event of a dispute regarding the identity of an entrant, the authorized account holder of the email address, Facebook account, or Twitter account (as applicable) used to enter will be deemed the entrant. Potential winners may be required to show proof of being the authorized account holder to the Sponsor or forfeit the prize. Entries specifying an invalid, non-working, or inactive email address will be disqualified and ineligible to win. You must complete all required information to be eligible to enter. Incomplete, illegible, corrupted, or untimely entries are void and will be disqualified.
Sponsor and Sponsor’s agents, affiliates, subsidiaries, representatives or service providers may use entrants’ and/or referrals’ personal information submitted with entry for purposes of prize fulfillment and/or for future marketing by Sponsor, such as to notify them of a product or promotion that Sponsor thinks may be of interest. Sponsor will not sell personal information submitted with entry to outside solicitors.
5. Share Caption Guidelines. If you submit a Share Entry, any title, caption and/or photo included in the Share Entry may not be obscene or indecent; shall not be sexually explicit or suggestive, profane or pornographic, violent or derogatory of any ethnic, racial, gender, religious, professional or age group; shall not promote alcohol, illegal drugs, tobacco, 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; shall not be offensive, endorse any form of hate or hate group; shall not defame, misrepresent or contain disparaging remarks about Sponsor or its products or services, or other people, products or companies; shall not communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; shall not invade privacy or other rights of any person, firm or entity; shall not in any other way violate any applicable federal, state or local laws or regulations or the Terms of Facebook or Twitter; shall not contain any reference to any third party trademarks, names or third party logos or any copyrighted components; and shall not contain any personal identification, such as names, email addresses or street addresses. Titles, captions and photos that are not in compliance with these Official Rules, as determined by Sponsor in its sole discretion, may be disqualified. To report an entry that infringes on your intellectual property rights, email firstname.lastname@example.org.
6. Selection of Winning Entries: On or about February 29, 2016, Sponsor will select one (1) potential Grand Prize Winner and five (5) potential Runner-Up Winners. Winners will be selected in a random drawing from among all eligible entries received The chances of winning depend on the total number of eligible entries received by Sponsor.
7. Notification and Requirements of Potential Winners: The potential winners will be notified by email on or about February 29, 2016. Except where legally prohibited, each potential winner may be required to sign and return, within five (5) days of being notified, an Affidavit/Declaration of Eligibility, Liability & Publicity Release in order to claim his/her prize. If a potential winner does not respond to Sponsor within five (5) days of Sponsor’s reasonable attempt to first notify him/her, or if he/she fails to sign and return the Affidavit/Declaration of Eligibility, Liability & Publicity Release within the required time period (if applicable), or in the event that a potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner selected by a random drawing from among all remaining eligible entries. Onlytwo (3) alternate drawings will be held, after which any remaining prizes will remain un-awarded. The potential winners will be required to provide their mailing address for receipt of the prize. Sponsor shall not be held responsible for any delays in awarding any prizes for any reason.
Verification of Potential Winners: All potential WINNERS are subject to verification by Sponsor, whose decisions are final AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. An entrant is not a winner of any prize unless and until entrant’s eligibility HAS been verified and entrant has been notified that verification is complete.
8. Prize: One (1) Grand Prize Winner will receive a “Date With A Purpose” package which includes a $141.50 Gift Certificate for an indoor skydiving location (to be chosen at the discretion of Sponsor) and a $20 Smoothie King gift card (“Grand Prize”). The total approximate retail value (“ARV”) of Grand Prize is $161.50 USD.
Five (5) Runner-Up Winners will each receive a $20 Smoothie King gift card (“Runner-Up Prize”). The total ARV of all Runner-Up Prizes is $100.00 USD.
Total ARV of all prizes to be awarded: $261.50. Limit one prize per person.
The ARV is subject to change based on current market conditions at the time of prize fulfillment. Any difference between the ARV and the actual value, if any, will not be awarded. Winners are responsible for paying any applicable income taxes and any and all other costs and expenses not listed above. In the event the ARV is deemed to exceed the Internal Revenue Service requirement ($600), winners who are residents of the United States of America must complete and submit a W-9 form to receive any prize. The recipient is responsible for any income tax liability and should consult his/her tax advisor for the proper tax treatment of this income on his/her tax return. Any prize details not specified above will be determined by Sponsor, in its sole discretion. A prize may not be transferred and must be accepted as awarded. Winners may not request cash or a substitute prize; however, Sponsor reserves the right to substitute a prize with another prize of equal or greater value if the prize is not available for any reason, as determined by Sponsor, in its sole discretion.
Only the number of prizes stated in these Official Rules is available to be won in the Sweepstakes. If, by reason of a print or other error, more prizes are claimed than the number set forth in these Official Rules, an alternate winner will be selected in accordance with the winner selection method described above from among all eligible claimants making purportedly valid claims to award the advertised number of prizes available.
Sponsor shall have no liability for any personal injuries, death, property damage, or other damages or expenses resulting from or arising out of any aspect of Prize Winner’s acceptance or use of the Prize.
10. Release and Limitations of Liability; Publicity: By submitting an entry, you agree to release and hold harmless the Sweepstakes Parties, Facebook and Twitter from and against any claim or cause of action arising out of participating in, or attempting to participate in, the Sweepstakes or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Sweepstakes; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) any errors on the Facebook or Twitter platforms that may prevent an entrant from posting a comment or photo; (d) printing errors; (e) lost, late, postage-due, misdirected, or undeliverable mail; (f) errors in the administration of the Sweepstakes or the processing of entries; or (g) 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 Sweepstakes or receipt or use of any prize. You waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
EXCEPT WHERE PROHIBITED BY LAW, PARTICIPATION IN THE SWEEPSTAKES CONSTITUTES WINNER’S GRANT TO SPONSOR (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR), AND ITS DESIGNEES THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLD WIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING BUT NOT LIMITED TO THE WORLD WIDE WEB, AT ANY TIME OR TIMES, THE WINNER’S ENTRY, NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, OPINIONS AND BIOGRAPHICAL INFORMATION (INCLUDING BUT NOT LIMITED TO HOMETOWN AND STATE) FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS SWEEPSTAKES, INCLUDING ALL PRIZES, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
11. Disputes: THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES. BY PARTICIPATING IN A SMOOTHIE KING FRANCHISES, INC., PROMOTION, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, CLASS ARBITRATION OR CONSOLIDATED ACTION OR ARBITRATION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) WITH ENTERING THIS SWEEPSTAKES, BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR,AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.
12. Winners List / Name of Winner: To obtain a list of winners, send an e-mail by March 11, 2016 to email@example.com with the following subject line: Smoothie Soulmate Sweepstakes.
13. Sponsor: The Sweepstakes is sponsored by Smoothie King Franchises, Inc. and Smoothie King Co., Inc., 3900 North Causeway Blvd., Ste. 1300, Metairie, LA 70002. The Sweepstakes is not sponsored by, endorsed by, administered by, or associated with Facebook, Twitter, SnapApp, iFly Indoor Skydiving, or any other brands used in prizing and promotion.