1. PROMOTION DESCRIPTION: The [Miami Wodapalooza Giveaway] (“Sweepstakes”) begins on [30th January, 12.00 PM PST] and ends on [4th of February, 12.00 PM PST] (the “Promotion Period”).
The sponsor of this Sweepstake is No Carbs Company – NOCCO (“Sponsor”). By participating in the Sweepstakes, you unconditionally accept and agree to comply with and abide by these Official Rules and the decisions of Sponsor, which shall be final and binding in all respects. Sponsor is responsible for the collection, submission, and processing of Entries and the overall administration of the Sweepstakes. You should look solely to Sponsor with any questions, comments or problems related to the Sweepstakes. Sponsor may be reached by email at [[email protected]] during the Promotion Period.
2. ELIGIBILITY: Open to any permanent legal resident of the fifty (50) states of the United States and the District of Columbia who has reached the age of majority in his/her state of residence (the “Entrant”). Employees of Sponsor, its affiliates, subsidiaries, advertising and promotion agencies, and suppliers, their immediate family members, and those living in the same household are not eligible to participate in the Sweepstakes. This Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void where prohibited or restricted by law.
3. PRIZE: One winner will receive 2 tickets to Wodapalooza festival in Miami and 2 cases of NOCCO Miami Strawberry (approximate retail value/ARV: 360 USD)
Only one prize per person and per household will be awarded. Prizes cannot be transferred, redeemed for cash, or substituted by any winner. Sponsor reserves the right in its sole and absolute discretion to award a substitute prize of equal or greater value than any prize described in these Official Rules for any reason. The ARV of the prize represents Sponsor’s good faith determination. That determination is final and binding and cannot be appealed. If the actual value of the prize turns out to be less than the stated ARV, the difference will not be awarded in cash or otherwise. Sponsor makes no representation or warranty concerning the appearance, safety or performance of any prize awarded. Restrictions, conditions, and limitations may apply. Sponsor will not replace any lost, stolen, or misdelivered prizes. Any and all prize related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of the winner. Prizes will only be awarded and/or delivered to addresses within the fifty (50) United States and the District of Columbia. Any prize-related expenses, including all federal, state and/or local taxes, fees, and surcharges, are the sole responsibility of the prize winner. Failure to comply with the Official Rules, as determined in Sponsor’s sole and absolute discretion, will result in forfeiture of the prize.
4. SWEEPSTAKES – HOW TO ENTER: You may enter the Sweepstakes via Instagram. If you do not have an Instagram account, you can register for a free account at www.instagram.com. During the Promotion Period, you must follow @nocco.usa on Instagram and [comment on the post/”like” the promotion post. Only one (1) unique entry is permitted per person; all subsequent entries will be void. No purchase is necessary to enter or win; a purchase will not increase your chances of winning. If you enter using a mobile device, standard data fees may apply. See your wireless provider for pricing and plan details.
5. Automated or robotic Entries submitted by individuals or organizations will be disqualified. Internet entry must be made by Entrant. Any attempt by 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/Contest subscription notification and/or entering services, will void 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 Promotion Period in order to participate. Sponsor’s database clock will be the official timekeeper for this Contest.
6. ENTRY RULES. In order for an Entry to be valid, the Entry post (including the photograph and caption) cannot: (a) be sexually explicit or suggestive, violent, derogatory of any ethnic, racial, gender, religious, professional, age, or other group, profane, or pornographic; (b) contain or reference nudity or any materially dangerous activity; (c) promote use of alcohol, illegal drugs, tobacco, any activities that may appear unsafe or dangerous, or any particular political agenda or message; (d) be obscene or offensive (in Sponsor’s sole discretion) or endorse any form of hate or hate group; (e) contain trademarks, logos, or trade dress owned by others (except Sponsor or its affiliates) or contain any personally identifiable information, such as email addresses, street addresses, or identification numbers; (f) contain copyrighted materials owned by others without permission; and (g) contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission.
By submitting your Entry (including your Entry photograph) you warrant and represent that: (a) it has not previously been submitted for or received any awards; (b) it does not infringe upon the copyrights, trademarks, rights of privacy, publicity, or other intellectual property or other rights of any person or entity; (c) the other individuals depicted or referenced in the entry, if any, have given written consent to its entry into the Sweepstakes and use as contemplated by these Official Rules (if a minor is depicted or referenced in the entry, he/she must be the child or legal ward of the Entrant); and (d) publication of the Entry via various media, including posting on the internet or in social media, will not infringe on the rights of any third party. You agree to indemnify and hold harmless Sponsor from any claims to the contrary. You agree to provide proof of any required third-party permissions upon request by Sponsor. Any entry that, in the sole opinion of Sponsor, is deemed to be inappropriate for publication or inclusion in the Sweepstakes for any reason will be disqualified.
7. SWEEPSTAKES: WINNER SELECTION & ODDS: The winner[s] of the Sweepstakes will be selected in a random drawing from among all eligible Entries received throughout the Promotion Period. The random drawing will be conducted about 10 days after the Promotion Period by Sponsor or its designated representatives, whose decisions are final. Odds of winning will vary depending on the number of eligible Entries received during the Promotion Period.
8. WINNER NOTIFICATION: The winner[s] will be notified by Instagram Direct Message[s] sent to the account posting the Entry approximately 10 days after the random drawing. The Direct Message will include instructions for claiming the prize, and the potential winner must follow all directions included in the Direct Message in order to receive the prize. If the potential winner is ineligible, fails to respond to the Direct Message as instructed within fourteen (14) days from the time it was sent, fails to cooperate with Sponsor in its attempts to deliver the prize, cannot be contacted for any reason, or fails to timely complete and return any affidavit, declaration, release, or other document requested by Sponsor, the prize may be forfeited and an alternate winner may be selected. The winner’s receipt of the prize offered in the Sweepstakes is conditioned upon compliance with all applicable federal, state, and local laws and regulations. In the event of a dispute as to the identity of a winner, the winning entry will be deemed to have been made by the authorized account holder of the Instagram account at the time of entry. The “authorized account holder” is the natural person to whom an account is assigned by Instagram.
ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER (AT SPONSOR’S SOLE DISCRETION) WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS A WINNER OF THE SWEEPSTAKES, AND ALL PRIVILEGES AS A WINNER WILL BE IMMEDIATELY TERMINATED.
10. RIGHTS GRANTED BY ENTRANTS: By entering the Sweepstakes, Entrant understands that Sponsor, anyone acting on behalf of Sponsor, or its respective licensees, successors, and assigns will have the right, where permitted by law, without any further notice, review, or consent, to print, publish, broadcast, distribute, modify, and use, worldwide in any media now known or hereafter in perpetuity and throughout the World, your Entry, including, without limitation, your name, portrait, picture, voice, likeness, image, Entry photograph and caption, or statements about the Sweepstakes, and your biographical information as news, publicity, or information and for trade, advertising, public relations, and promotional purposes without any further compensation. You warrant and represent that you have all required rights and permissions for the contents of your Entry. If requested, you agree to sign any documentation required by Sponsor or its designees to make use of these rights.
11. TERMS: Sponsor reserves the right at its sole discretion to cancel, terminate, modify, or suspend the Sweepstakes should (in its sole discretion) a virus, bugs, non-authorized human intervention, fraud, or other causes beyond its control corrupt or affect the administration, security, fairness, or proper conduct of the Sweepstakes. In such case, Sponsor may select the winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Sweepstakes, including any website or computer system used to administer the Sweepstakes, or violates these Official Rules. Sponsor has the right at its sole discretion to maintain the integrity of the Sweepstakes, to void entries for any reason, including, but not limited to, entries from the same user in excess of the entry limit, or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an Entrant to deliberately damage any website or computer system used to administer the Sweepstakes, or otherwise to undermine the legitimate operation of the Sweepstakes, may be a violation of criminal and civil laws. Should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor also reserves the right in its sole and absolute discretion to extend the Promotion Period for any reason by posting a revision of these Official Rules identifying the extended Promotion Period on its website and/or via Instagram before the close of the original (or previously extended) Promotion Period.
12. LIMITATION OF LIABILITY: Sponsor assumes no responsibility or liability for (a) any incorrect or inaccurate entry information, or for any faulty or failed electronic data transmissions; (b) any unauthorized access to, or theft, destruction or alteration of Entries at any point in the operation of this Sweepstakes; (c) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, camera, computers or providers utilized in any aspect of the operation of the Sweepstakes; (d) inaccessibility or unavailability of any network or wireless service, the Internet or website or any combination thereof; (e) suspended or discontinued Internet, wireless or landline phone service; or (f) any injury or damage to any Entrant’s or to any other person’s computer or mobile device which may be related to or resulting from any attempt to participate in the Sweepstakes or download of any materials related to the Sweepstakes.
By entering the Sweepstakes, you agree to release and hold harmless Sponsor, Instagram, and their subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, members, and directors from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) such Entrant’s participation in the Sweepstakes and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof, (ii) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware, satellite, or software; (iii) the unavailability or inaccessibility of any transmissions or telephone, wireless, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Sweepstakes; and (v) electronic or human error that may occur in the administration of the Sweepstakes or the processing of entries.
14. OFFICIAL RULES & WINNER LIST: To obtain a copy of these Official Rules or a list of winners, send a request via email to [email protected]
15. CHOICE OF LAW AND JURISDICTION: THIS SWEEPSTAKES IS GOVERNED BY THE LAWS OF THE UNITED STATES OF AMERICA AND CALIFORNIA STATE LAW WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. Except where prohibited, Entrant agrees that any and all disputes, claims, and causes of action arising out of, or connected with, the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by a court located in Orange County, California, having jurisdiction. Further, in any such dispute, where and to the extent permitted by law, under no circumstances will you be permitted to obtain awards for, and hereby waive all rights to claim, punitive, incidental, or consequential damages, including reasonable attorneys’ fees, other than your actual out-of-pocket expenses (i.e., costs associated with entering this Sweepstakes), if any, and you further waive all rights to have damages multiplied or increased. 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 Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the United States and 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.