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Terms & Conditions

Terms and Conditions

Blender Giveaway Sweepstakes

Official Rules

 

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 48 contiguous United States or the District of Columbia, with the exception of Rhode Island, only (i.e., excluding, among other places, Alaska, Hawaii, and Puerto Rico) and who are at least 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 and regulations and ordinances. Void where prohibited by law, in Rhode Island, and outside the remaining contiguous United States and the District of Columbia. The Smoothie King Blender Giveaway Sweepstakes (the “Sweepstakes”) is in no way sponsored, endorsed, or administered by Facebook or Vitamix.

 

  1. Eligibility. The Sweepstakes is open only to legal U.S. residents (i) currently residing in the 48 contiguous United States, except Rhode Island, or the (ii) who are at least eighteen (18) years old or the age of majority in their jurisdiction of residence, whichever is older, at the time of entry, and (iii) who have a Facebook account in their name. 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, legal counsel and any 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 or win.

 

  1. Entry . The Sweepstakes begins at 9:00 a.m. Central Time on Tuesday, April 10, 2018, and ends at 11:59 p.m. Central Time on Monday, April 30, 2018 (“Entry Period”). Sponsor’s computer is the official time-keeping device for the Sweepstakes.

 

  1. 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. All Entrants must have access to the Internet prior to the start of the Sweepstakes. Sponsor reserves the right to verify the eligibility of winners.

 

  1. How to Enter. During the Entry Period, the Entrant must “like” (i.e., by clicking the “Like” icon on the applicable page) the official Facebook page of one or more local Smoothie King stores located within the following greater or metropolitan regions or areas, as determined in the sole discretion of Sponsor: Baton Rouge, Charlotte, NC; Dallas, TX; Houston, TX; Washington D.C., Nashville, TN; New Orleans, LA; St. Louis, MO; Jackson, MS, Biloxi, MS and Tampa/Orlando, FL. The maximum number of entries per Entrant is two. Sponsor reserves the right to disqualify any entry that fails to comply with these Official Rules. When you create a Facebook account, you are indicating that you have read and agree to accept, Facebook’s Terms of Service, Statement of Rights and Responsibilities, and Data Policy (collectively, the “Social Media Policies”). You must have a Facebook account to enter. If you do not have a Facebook account, you may sign up for a free account at www.facebook.com. If you deactivate your Facebook account at any time prior to the selection of winners, as described below, your entry(ies) will be void. Anyone found to use multiple Facebook accounts to enter the Sweepstakes will be ineligible. You must provide all required information to be eligible to enter and win. All potential winners are subject to verification before any prize will be awarded.

 

Bulk, automated and/or third party entries are prohibited and will be disqualified. Multiple Entrants are not permitted to share the same email address or Facebook account. Membership on Facebook is free. Any attempt by a 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. Normal internet access, phone, usage, and data charges imposed by your online or phone service may apply.

 

In the event of a dispute regarding the identity of an Entrant, the authorized account holder of the Facebook account used to enter will be deemed the Entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address.  Potential winners may be required to show proof of being the authorized account holder to the Sponsor or forfeit the prize. Entries that are incomplete, illegible, corrupted, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Sweepstakes at Sponsor’s sole and absolute discretion.

 

By participating in this Sweepstakes, Entrant acknowledges and agrees that he or she will clearly and conspicuously disclose that he or she is participating in this Sweepstakes in the entry and any online sharing interaction that references the Sweepstakes or is used to obtain entries in connection with this Sweepstakes. Sponsor reserves the right in its sole discretion to disqualify any Entrant who does not adequately disclose his or her participation in this Sweepstakes while engaging in any online sharing interaction during the Entry Period.

 

  1. Entry Content Guidelines. As applicable, if you submit an entry, any title, and/or caption included in the entry that is submitted or uploaded to any social media sites or other public sites in connection with this Sweepstakes (collectively “Content Submissions”) may not contain, depict, or show any content that: (i) is obscene or indecent; (ii) is sexually explicit or suggestive, offensive, profane or pornographic, contains nudity, or is violent or derogatory of any ethnic, racial, gender, religious, professional or age group; (iii) promotes 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; (iv) endorses any form of hate or hate group; (v) defames, misrepresents or contains disparaging remarks about Sponsor or its products or services, or other people, products or companies; (vi) communicates messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; (vii) invades privacy or other rights of any person, firm or entity; (viii) in any other way violates any applicable federal, state or local laws or regulations or any of the applicable Social Media Policies; (ix) contains any reference to any third party trademarks, names or third party logos or any copyrighted components; and (x) contains any personal identification, such as license plate numbers, last names (first names are permitted), email addresses or street addresses for any person other than the Entrant, or otherwise infringes on the privacy of any person other than the Entrant. Any Content Submissions that contain, depict or show such content, that exceed any required file size or length limits imposed by any of the third party social media sites and/or violate these Content Submission requirements and/or the terms of these Official Rules will be disqualified. To report an entry that infringes on your intellectual property rights, email skingcorporate@gmail.com. Sponsor reserves the right in its sole and unfettered discretion to disqualify any Content Submission that it believes is inappropriate or not suitable for publication, that does not comply with these Official Rules, or that is not consistent with the spirit or theme of the Sweepstakes

 

If the Content Submission contains an identifiable person other than the Entrant who submitted the Content Submission, by submitting the Content Submission, the Entrant represents and warrants that he/she has obtained the consent of such person to the use of the Content Submission as outlined herein and Entrant may be required to produce such person’s written consent to Sponsor’s use of the Content Submission.

 

By submitting a Content Submission, Entrant explicitly acknowledges and agrees that the Sponsor and its legal representatives, customers, clients, successors or assigns, shall have in perpetuity the irrevocable, worldwide right to license, sub-license, edit, alter, post, reproduce, publicly display and publish, in any media, including online, any or all material which you upload to any websites (including, without limitation, social media sites) associated with the Sweepstakes, with or without first and/or last name credit to the Entrant without any additional consideration or approvals from or to Entrant; and Content Submissions that attempt to restrict this right will not be considered. Each Entrant warrants and represents that his/her Content Submission is original, has not been previously published or won any award, complies with any applicable community guidelines, terms of use, and any other binding terms on Facebook’s websites, does not contain any material that would defame or otherwise infringe upon the rights of any third party, including patents, copyrights, trademarks, or rights of privacy or publicity, complies with these Official Rules, and will not violate any federal, state or local laws.

 

  1. Selection of Winning Entries. Sponsor will select eleven eleven 11) prize winners, provided that an Entrant may only win one (1) prize. The potential winners will be selected randomly from all entries made during the Entry Period. Winning names will be selected following the promotion period by 7 p.m. Central Time on Friday, May 4,2018. Selections made by the Sponsor are solely Sponsor’s and final. The chances of winning depend on the total entries received by Sponsor.

 

  1. Notification and Requirements of Potential Winners. a potential winner, Sponsor will message the Entrant’s Facebook account associated with the Entrant’s entry. The potential winner will be instructed to respond to the message to claim the prize.

 

Except where legally prohibited, each potential winner may be required to sign and return, within seven (7) 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 first 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. Only two (2) alternate drawings will be held, after which any remaining prizes will remain un-awarded.

 

The potential winners will be informed prior to any posting or use of their names by Sponsor on social media sites. 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.

 

  1. Prize.

Eleven (11) prize winners will receive one (1) Series Blender. The total ARV of each prize is $349.95 USD.

 

Total ARV of all prizes to be awarded: $3,849.45 USD. Limit one prize per person and per household.

 

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 all applicable federal, state, and local taxes and any and all other fees, costs and expenses not listed above related to acceptance and use of prizes. 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 substituted, transferred, assigned, or redeemed for cash and must be accepted as awarded; 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. Sponsor will not replace any lost or stolen prizes. Prizes cannot be used in conjunction with any other Sweepstakes or offer.

 

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.

 

  1. General Conditions. In the event that the operation, security, or administration of the Sweepstakes is impaired in any way, Sponsor may, in its sole discretion, either: (a) modify or suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; or (b) terminate the Sweepstakes and award the prizes at random from among the eligible entries received up to the time of the impairment. Sponsor reserves the right in its sole discretion to disqualify any individual who tampers with the operation of the Sweepstakes, violates these Official Rules, or acts in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, 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. Failure by Sponsor to enforce any term of these Official Rules shall not constitute a waiver of that provision. Proof of sending any communication to Sponsor shall not be deemed proof of receipt of that communication by Sponsor. The Sweepstakes is subject to federal, state, and local laws and regulations and is void where prohibited. All information entered by Entrants will become the property of Sponsor. Sponsor will not be responsible for lost, stolen, late, damaged, illegible or misplaced entries; lost, interrupted or unavailable network, server, or other connections, garbled transmissions, or miscommunications, telephone transmission problems; computer or software malfunctions or damage to a user’s computer equipment (software or hardware); technical failures; or other errors or malfunctions of any kind, whether human, mechanical, electronic or otherwise. By participating, Entrants agree to abide by and be bound by these Official Rules and the Sponsor’s decisions. Any questions, comments or complaints regarding this Sweepstakes shall be directed to Sponsor and not to Facebook or Vitamix. Information submitted in connection with this Sweepstakes is governed by Sponsor’s Privacy Policy (available at http://smoothieking.com/privacy-legal). INTERNET CAUTION: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE 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 FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING CRIMINAL PROSECUTION. This Sweepstakes is offered only in the 48 contiguous United States, except Rhode Island, and the District of Columbia and is governed by the laws of the state of Louisiana, without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 13 of these Official Rules and/or for entering any judgment on an arbitration award shall take place in the federal or state courts in Jefferson Parish, Louisiana.

 

  1. Release and Limitations of Liability. By submitting an entry, you agree to release and hold harmless the Sweepstakes Parties and Facebook (collectively, “Released Parties”) 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 or any part of the entry process; (b) technical or human errors related to computers, servers, providers, or telephone or network lines; (c) any errors on the Facebook platform that may prevent an Entrant from entering the Sweepstakes; (d) printing errors; (e) lost, late, postage-due, misdirected, or undeliverable mail; (f) technical or human 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.

 

BY PARTICIPATING IN THIS SWEEPSTAKES, ENTRANTS AGREE THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, ENTRY, OR PARTICIPATION IN THIS SWEEPSTAKES OR IN ANY SWEEPSTAKES-RELATED ACTIVITY, INCLUDING ACCESS TO AND USE OF THE INTERNET SITE ASSOCIATED WITH THE SWEEPSTAKES OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITES, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY.  THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO TRAVEL CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM. 

 

  1. Publicity Release. 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, SUBSIDIARIES, AFFILIATES, RETAILERS, DISTRIBUTORS, ADVERTISING AND SWEEPSTAKES AGENCIES, SUPPLIERS, AND THOSE ACTING PURSUANT TO THEIR AUTHORITY, 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.

 

  1. Intellectual Property. BY SUBMITTING AN ENTRY, ENTRANT AGREES THAT ALL CONTENT SUBMISSIONS THAT ENTRANT MAY SUBMIT TO SPONSOR OR OTHERWISE POST IN CONNECTION WITH THIS SWEEPSTAKES, INCLUDING ALL RIGHTS EMBODIED THEREIN, WHETHER SENT VIA THE WEBSITE OR ELECTRONIC MAIL OR FACEBOOK WITH THE EXCEPTION OF PERSONALLY IDENTIFIABLE INFORMATION AS IDENTIFIED IN SPONSOR’S PRIVACY POLICY (AVAILABLE AT http://www.smoothieking.com/privacy-legal), ARE DEEMED TO BE NON-CONFIDENTIAL AND NON-PROPRIETARY AND SPONSOR SHALL HAVE NO OBLIGATION OF ANY KIND WITH RESPECT TO SUCH CONTENT SUBMISSIONS. SPONSOR SHALL BE FREE TO EDIT, EXPLOIT, MODIFY, PUBLISH, REPRODUCE, USE, DISCLOSE, DISSEMINATE AND DISTRIBUTE THE CONTENT SUBMISSION TO OTHERS WITHOUT LIMITATION IN ANY AND ALL MEDIA NOW KNOWN OR NOT CURRENTLY KNOWN, THROUGHOUT THE WORLD FOR ANY PURPOSE WITHOUT COMPENSATION, PERMISSION OR NOTIFICATION TO ENTRANT OR ANY THIRD-PARTY. ENTRANT HEREBY GRANTS TO SPONSOR, IN PERPETUITY, AN IRREVOCABLE, AND WORLD-WIDE LICENSE TO USE THE CONTENT SUBMISSION IN ANY FORM OR FORMAT AND TO MODIFY THE SAME, AND ACKNOWLEDGES AND AGREES THAT IF SPONSOR DOES USE THE CONTENT SUBMISSION, ENTRANT SHALL NOT BE ENTITLED TO ANY CREDIT, CONSIDERATION, NOTICE OR PAYMENTS OF ANY KIND. ENTRANT WAIVES ANY MORAL RIGHTS HE OR SHE MAY HAVE TO THE CONTENT SUBMISSION, AND AGREES THAT IF SPONSOR ELECTS TO USE CONTENT SUBMISSION FOR ANY PURPOSE, ALL RIGHTS UNDER COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS WHICH MAY RESULT FROM THAT RELATING TO ENTRANT'S CONTENT SUBMISSION OR FROM USE OF THE SAME BY SPONSOR SHALL BE THE SOLE PROPERTY OF SPONSOR. ENTRANT FURTHER AGREES THAT IF SPONSOR ELECTS TO USE ENTRANT'S CONTENT, SUBMISSION, ENTRANT WILL EXECUTE ANY DOCUMENTS REQUESTED BY SPONSOR REGARDING THIS ASSIGNMENT. IF ANY USE BY SPONSOR OF THE CONTENT SUBMISSION CAUSES IT TO BE LIABLE TO ANY THIRD-PARTY, ENTRANT AGREES TO INDEMNIFY SPONSOR AND ITS AGENTS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, REPRESENTATIVE AND ALL RELATED PARTIES FROM AND AGAINST ANY AND ALL DAMAGES, COSTS, JUDGMENTS AND EXPENSES (INCLUDING REASONABLE ATTORNEY FEES) WHICH IT INCURS AS A RESULT OF ITS USE OF THE CONTENT SUBMISSION.

 

  1. Disputes. PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. 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.

 

BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST SPONSOR AND THE RELEASED PARTIES IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

 

  1. Nature of Relationship/Waiver of Equitable Relief. Each Entrant understands and acknowledges that the Sponsor has wide access to ideas, designs, and other materials, and that new ideas are constantly be submitted to it or being developed by their own employees. Each Entrant also acknowledges that many ideas may be competitive with, similar or identical to the Content Submission and/or each other in theme, idea, format or other respects. Each Entrant acknowledges and agrees that such Entrant will not be entitled to any compensation as a result of Sponsor’s use of such similar or identical material. Each Entrant acknowledges and agrees that the Sponsor does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Content Submission. Finally, each Entrant acknowledges that, with respect to any claim by Entrant relating to or arising out of Sponsor’s actual or alleged exploitation or use of any Content Submission or other material submitted in connection with the Sweepstakes, the damage, if any, thereby caused to the applicable Entrant will not be irreparable or otherwise sufficient to entitle the Entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Content Submission or any material based on or allegedly based on the Content Submission, and the Entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.

 

  1. 15. Winners List / Name of Winner. To obtain a list of winners, send an email by April 1, 2018 to skingcorporate@gmail.com with the following subject line: Blender Giveaway Sweepstakes.

 

  1. Sponsor. The Sweepstakes is sponsored by Smoothie King Franchises, Inc., 3900 North Causeway Blvd., Ste. 1300, Metairie, LA 70002. The Sweepstakes is not sponsored by, endorsed by, administered by, or associated with Facebook, Vitamix, or any other brands used in prizing.

 

 

Copyright ©2018 Smoothie King Franchises, Inc.

Smoothie King® is a registered trademark of Sponsor’s name. All rights reserved.