THE FOLLOWING PROMOTION IS INTENDED FOR VIEWING IN THE USA AND CANADA ONLY (EXCLUDING, WITHOUT LIMITATION, PUERTO RICO AND OTHER US TERRITORIES, AND QUEBEC) AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW AND AMERICAN ENGLISH.
Vitasoy #VitasoyMemories Official Rules
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. MAKING A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING.
The Vitasoy #VitasoyMemories Contest (the “Contest”) starts on July 7, 2017 at 10 am EST and ends on August 20, 2017 at 10 am EST (“Contest Period”). The sponsor of this Contest is Vitasoy USA, Inc., 57 Russell Street, Woburn, MA, 01801 (the “Sponsor”).
ELIGIBILITY: Contest is open to legal residents of the fifty (50) United States and the District of Columbia, and to legal residents of Canada (excluding Quebec), who are at least 18 years of age or older, or age of majority (whichever is greater) in primary state of residence. All entrants must have obtained the age of 18 years, or have otherwise reach the age of majority, whichever is greater, in primary state of residence by Contest start date. Entrants over the age of 18, or the age of majority in their primary state of residence, but not otherwise deemed mentally competent must obtain the permission of a guardian who is the age of majority in the USA or Canada to enter, provided such guardian is a legal resident of the United States and/or Canada. Employees of Vitasoy USA, Inc. (“Sponsor”), and their respective parents, subsidiaries, affiliates, promotion and advertising agencies, and members of their immediate family (spouse and parent, children and siblings and their respective spouses, regardless of where they reside) and persons living in the same household, whether, or not related, of such employees, are not eligible to enter or win. Void where prohibited by law. Contest is subject to all applicable federal, state and local laws. In addition, an Entrant who makes a photo or video submission for the Contest may not be affiliated with any commercial talent union or guild and all such persons found in violation of this requirement shall be disqualified. This Contest is in no way sponsored, endorsed or administered by, or associated with Facebook or Instagram. You understand that you are providing your information to Sponsor and not to Facebook or Instagram.
HOW TO ENTER: During the Contest Period, entries will be accepted through the Vitasoy Memories Facebook application (the “Application”) at facebook.com/myvitasoy, or the Vitasoy Memories microsite: vitasoy-usa.com/memories (the “Website”). To enter, users must upload photos or share videos that represent their memories of Vitasoy in their lives, with a caption, via the Application or the Website. Entries will also be accepted via Instagram by hashtagging images or videos with #VitasoyMemories and a caption within the post. By hashtagging your photo or video with the #VitasoyMemories hashtag, you are agreeing to the Official Rules of the Contest. Multiple entries are allowed. Entries must demonstrate your Vitasoy memories to be eligible. Vitasoy can be featured in the entries, but are not required.
Entrants submitting via the Application or the Website must enter using a valid mailing address and working email address for which he/she is the authorized user; and, shall receive email notification at the email address provided by the Entrant upon acceptance of the submission and subsequent appearance on the Application and Website. A mailing address is necessary for Vitasoy USA, Inc. to send the FREE Vitasoy iconic Hong Kong magnet set.
By entering this Contest, Entrant does hereby warrant and represent that he or she retains sole ownership to all rights to all entry materials submitted by or on behalf of Entrant.
Entries generated by script, macro or other automated means and Entries by any means which subvert the entry process are void. All Entries become the sole property of the Sponsor and will not be returned.
Entries will be screened for appropriateness before being allowed for judging by Sponsor. Entries that are inappropriate in nature will be void. Appropriateness of the entries is at the sole discretion of the Sponsor. The submissions may not show any brand names, logos, or trademarks other than Vitasoy USA, Inc., or those trademarks owned or registered by Vitasoy USA, Inc.
In the event that a submission contains the likeness or image of an individual other than the Entrant, the Entrant submitting the entry must first, as a condition of Entry, obtain the permission of the individual(s) appearing in the submission, including permission to make the appropriate transfer of rights in accordance with the Official Rules. In addition, in the event that the submission contains the likeness or image of a child who has not yet reached the age of majority under U.S. and/or Canada law, the Entrant submitting the entry must first, as a condition of Entry, obtain the permission of the parent/guardian of the minor child to use the corresponding minor’s image/likeness, and to make the appropriate transfer of rights in accordance with the Official Rules.
An alternate means of entry shall be made for those wishing to enter the Contest but who are unable to access the internet, or otherwise choose not to participate using the Application, Website or Instagram. Those wishing to utilize alternate means of participation can enter by mailing their entry with a self-address, stamped envelope to: Vitasoy USA, Inc. 57 Russell Street, Woburn, MA, 01801. Alternate entry must meet all eligibility requirements to qualify to win prizes.
Your entry constitutes your consent to participate in this Contest and your consent for Sponsor to obtain and deliver your name, address and other information for the purpose of fulfilling your prize if you are deemed a prize winner and for other uses by Sponsor as permitted by applicable law.
By submitting any Content or information to Sponsor, entrants hereby grant to Sponsor, Prize Provider, and their affiliates, subsidiaries, licensees and assigns, an irrevocable, world-wide, perpetual, sublicensable, and royalty-free right to use, reproduce, edit, display, transmit, prepare derivative works of, modify, publish and otherwise make use of the submitted Content or other information in any and all media, whether now known or hereinafter created, throughout the world and for any purpose. In addition to other things, the rights granted to Sponsor includes but is not limited to the right to resize, crop, censor, compress, edit, feature, caption, affix logos to, and to otherwise alter or make use of the submitted Content.
By submitting any Content or information to Sponsor, entrants hereby represent and warrant that the submitted photo, video, or information does not and shall not infringe on any copyright, any rights of privacy or publicity of any person, or any other right of any third party, and that they have the right to grant any and all rights and licenses granted to Sponsor herein, including but not limited to all necessary rights under copyright, free and clear of any claims or encumbrances.
Entrants acknowledge and agree that Sponsor shall have no obligation to post, display or otherwise make publicly available any Content or information submitted by them, and may, in its sole and unfettered discretion, remove, edit, modify or delete any photo, video or information that you submit to Sponsor.
Entrants understand and intend that any Content or information submitted by them to Sponsor may be available for viewing, rating, review and comment on by the public, and understand that comments or ratings with which they disagree or are unhappy about may be published or otherwise become associated with any Content or information submitted to Sponsor. By submitting any Content or information to Sponsor, entrants hereby waive any privacy expectations that they may have with respect to any such Content or information.
Entrants hereby agree to hold Sponsor, Prize Provider, and their affiliates, subsidiaries, licensees sponsors and assigns harmless from and against, and hereby waive any right to pursue, any claims of any nature arising in connection with the inclusion in, publication via or display on any Sponsor site, or any other use authorized under these rules, of any Content or information submitted to Sponsor by the entrant(s).
Entries or information submitted by entrants to the Contest shall be the property of Sponsor, and Sponsor shall have no obligation to preserve, return or otherwise make available to entrants or others any Content or information so submitted.
PRIZE WINNERS SELECTION AND NOTIFICATION: At the conclusion of the Contest Period, the Sponsor will choose one (1) Grand Prize winner, one (1) Second Prize winner and one (1) Third Prize winner from all eligible entries. In selecting a Prize Winner, judges will be chosen by and on behalf, and based upon criteria in the sole discretion of, Vitasoy USA, Inc. (“Judges”). Information regarding the Judges selected, including the number of Judges, will not be made available and may vary in accordance with Sponsor’s determination in Sponsor’s sole discretion. Judges shall evaluate entries according to their own evaluation scale and according to their unique preferences and taste. Selection shall be made on the basis of preference, only, in accordance to these Official Rules and in Sponsor’s sole discretion. Entries under consideration may not be changed, added to, or otherwise altered from the original submission by Entrant during the Contest Period. A final decision by qualified Judges according to the preceding criteria will be made, and the Prize Winners will be publicly announced, on or around September 4, 2017. The decision of Sponsor shall be final; no Entrant will have the right to challenge the verdict and the Sponsor will not engage in any conversation or explanation regarding their decision. In the event of a tie, Vitasoy USA, Inc. shall select an additional Judge, whether affiliated with Vitasoy USA, Inc. or not, to cast a tie-break
The top three Prizes consists of one (1) roundtrip, economy class, air ticket for two (2) to Hong Kong, Approximate Retail Value (ARV) is $3,000 (US$); one (1) Apple Watch®, Approximate Retail Value (ARV) is $400 (US$); one (1) GoPro® Camera, Approximate Retail Value (ARV) is $300 (US$).
Actual value of the air ticket will depend on the point of departure, any airfare fluctuations and seasonal pricing; any difference between the ARV and the actual costs of the trip will not be awarded. Grand Prize winner must travel within 16 months from the announcement of the Grand Prize Winner (September 4, 2017 to January 4, 2019) or the Grand Prize will be forfeited and no additional compensation will be awarded.
Actual value of the Apple Watch® and GoPro® Camera may fluctuate, and any difference between the ARV and the actual costs of the items will not be awarded. The Sponsor reserves all rights in determining the specific model, size, color, material, finishes and other product variables of the Apple Watch® and GoPro® Camera.
Prize winners may be notified by the email address, Facebook, and/or Instagram account associated with the entry, and may be required to execute and return an affidavit of eligibility, a liability release and, where lawful, a publicity release within 14 days of date of issuance. If such documents are not returned within the specified time period, a prize or prize notification is returned as undeliverable, Sponsor is unable to contact a selected winner, a selected winner is not in compliance with these Official Rules, or a selected winner fails to respond to Sponsor’s attempted notifications within 14 days, prize will be forfeited and, at Sponsor’s discretion, an alternate winner will be selected. Sponsor shall not be liable for any loss or damage whatsoever suffered by Entrant, including, but not limited to, indirect or consequential loss in the delivery of the Prize to the winner.
The Grand Prize Winner must supply Sponsor with his/her legal name, mailing address, birth date, daytime and nighttime telephone numbers.
Guest (or parent/legal guardian if such Guest is a minor) of the Grand Prize winner will be required to sign and return a travel companion eligibility/liability release, and unless prohibited by law, a publicity release. Grand Prize winner and Guest must travel together on the same itinerary for the Trip. Grand Prize winner must provide Sponsor with desired travel dates at least 180 days prior to date of desired departure. Sponsor will make efforts to accommodate desired travel dates, but travel dates cannot be guaranteed. Airline for Grand Prize Trip to be selected by Sponsor in its sole discretion, departure from a metropolitan airport convenient to winner’s place of residence in the USA or Canada. Airline carrier’s regulations and conditions apply. Trip cannot be used in conjunction with any other promotion or offer. Once Trip dates have been booked, no change, extension or substitution of trip dates is permitted, except at Sponsor’s sole discretion. If applicable, Grand Prize winner is responsible for any transfer fees after flight is booked. Sponsor will not replace any lost or stolen tickets. Grand Prize winner is solely responsible for all unspecified incidentals, including, but not limited to, hotel accommodations, additional transportation, meals, beverages, gratuities, phone calls, insurance, taxes, and any other expenses not specifically mentioned as being included. No substitution, transfer or cash equivalent for a prize (or prize component), except that the Sponsor, at their sole discretion, may substitute a prize (or prize component) with one of equal value due to prize unavailability. Any depictions of prizes are for illustrative purposes only. Grand Prize winner is solely responsible for all federal, state, and/or local taxes, and for any other fees or costs associated with the redemption of a prize. For tax reporting purposes, the Grand Prize winner must provide Sponsor with a valid social security number before the Grand Prize will be awarded. An IRS Form 1099 may be issued in the name of the Grand Prize winner for the actual value of the trip fulfilled. Grand Prize cannot be substituted, sold, given away, or bartered.
Should this promotion be terminated or cancelled, winner selection shall cease or be postponed and prizes may not be rewarded.
PRIZE[S] AND PRIZE[S] DELIVERY: All entries will receive a complimentary set of iconic Hong Kong magnets, while supplies last. Magnets will be delivered to the mailing address provided by the entrant.
Grand Prize: one (1) roundtrip, economy class, airline ticket to Hong Kong for two (2).
Second Prize: one (1) Apple Watch®. Approximate Retail Value (ARV) is $400 (US$).
Third Prize: one (1) GoPro® Camera. Approximate Retail Value (ARV) is $300 (US$).
All prizes are awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. Winner[s] may not substitute, assign or transfer prizes or redeem prizes for cash, but Sponsor reserves the right, at its sole discretion, to substitute prizes (or portion thereof) with one of comparable or greater value. Winner is responsible for all applicable federal, state and local taxes, if any, as well as any other costs and expenses associated with prize acceptance and use not specified herein as being provided. All prize details are at Sponsor’s sole discretion.
Vitasoy USA, Inc. will mail the Apple Watch® and GoPro® Camera, or any substitute prizes, to the mailing address supplied by the winners.
Vitasoy USA, Inc. will email the Grand Prize of two roundtrip airline tickets to Hong Kong via the email address supplied by the winner.
All expenses and costs associated with the acceptance and use of prizes are the sole responsibility of the prize winners.
GENERAL CONDITIONS: By participating, each entrant agrees: (a) to abide by these Official Rules and decisions of Sponsor, which shall be final and binding in all respects relating to this Contest; (b) to release, discharge and hold harmless Sponsor, respective parents, affiliates, subsidiaries, and advertising and promotion agencies, and the respective officers, directors, shareholders, employees, agents and representatives of the forgoing (collectively, “Released Parties”) from any and all injuries, liability, losses and damages of any kind to persons, including death, or property resulting, in whole or in part, directly or indirectly, from entrant’s participation in the Contest or any Contest-related activity or the acceptance, possession, use or misuse of a prize; and (c) to the use of his/her name, voice, performance, photograph, caption, entry, and/or likeness for programming, advertising, publicity and promotional purposes in any and all media, now or hereafter known, worldwide and on the Internet, and for a period of ten (10) years by Sponsor and its designees, without compensation (unless prohibited by law) or additional consents from entrant or any third party and without prior notice, approval or inspection, and to execute specific consent to such use. By participating, entrant also agrees not to release any publicity or other materials on their own or through someone else regarding their participation in the Contest without the prior consent of the Sponsor, which it may withhold in its sole discretion.
MISCELLANEOUS: Released Parties are not responsible for lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered, or garbled entries, or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the Website, the Application, the processing of entries, the announcement of the prize[s], or in any Contest-related materials. Released Parties are not responsible for lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, or undelivered entries that are mailed. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Released Parties are not responsible for injury or damage to any person’s computer related to or resulting from participating in this Contest or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Contest, the Website or Application, who act in an unsportsmanlike or disruptive manner or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated entries will be void. Should any portion of the Contest, Website or Application be, in Sponsor’s sole opinion, compromised for any reason, including virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of Entries, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Contest (or portion thereof) and, if terminated, at its discretion, select the potential winner[s] from among all non-suspect, eligible entries received prior to action taken.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR APPLICATION OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. In case of a dispute between the parties to this contract the English version shall prevail.
The Sponsor shall not incur any liability for not performing any act or fulfilling any duty, obligation or responsibility hereunder by reason of any occurrence beyond the control of the Sponsor (including but not limited to any act or provision of any present or future law or regulation or governmental authority, any act of God or war, civil unrest, local or national disturbance or disaster, or any act of terrorism).
WINNER’S LIST: For the name of the winner[s] (available after September 4, 2017) send a self-addressed, stamped, envelope by September 30, 2017 to: #VitasoyMemories Winners, c/o APartnership, 307 Fifth Avenue, 10 Floor, New York, NY 10016
SPONSOR: Vitasoy USA, Inc., 57 Russell Street, Woburn, MA, 01801