Jamba Insider Rewards Survey Sweepstakes
NO PURCHASE OR PAYMENT NECESSARY TO TAKE THE SURVEY FOR A CHANCE TO WIN A $25 JAMBA JUICE GIFT CARD. The survey sweepstakes is intended for participants who are legal residents of the 50 United States and the District of Columbia and 18 years of age or older at the time of entry. Do not enter/complete survey if you are not located in the United States at the time of participation. Subject to all applicable federal, state, and local laws and regulations. Void where prohibited.
HOW TO ENTER
- Jamba Insider Rewards Survey Sweepstakes: Complete the Jamba Insider Rewards survey. Must be at least 18 years old to take and complete the survey. Once completing the survey, participants will be entered in the sweepstakes for a chance to win one (1) of three (3) $25 Jamba Juice gift cards. This is the only method to be eligible to enter the sweepstakes.
- Each potential winner will be notified after the entry period on November 25, 2014.
TERMS AND CONDITIONS
- Eligibility: Jamba Insider Rewards Survey Sweepstakes (“Sweepstakes”) is open only to legal residents of the United States who are at least eighteen (18) years old. Employees, directors and officers of Jamba Juice Company (“Sponsor”), its parent, subsidiaries and affiliated companies, and the advertising, fulfillment and judging/contest 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) and household members of the Sweepstakes Parties, are not eligible to enter.
- Entry Period: The Sweepstakes begins at 10am PT on November 7, 2014 and ends at 10am PT on November 21, 2014 (the “Entry Period”). Sponsor’s computer is the official time-keeping device for the Sweepstakes.
- Agreement to Official Rules: By entering, you indicate your full and unconditional agreement to, and acceptance of, these Official Rules and Sponsor’s decisions, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth in these Official Rules.
- Drawing: Sponsor will select three (3) potential winners during the length of the promotion in a random drawing of all entries received for the Jamba Juice $25 gift cards. Each potential winner will be notified after the entry period on November 25, 2014. The odds of being selected depend on the number of valid entries received.
- Notification and Requirements of Potential Winners: To notify a potential winner, Sponsor will email and or call the entrant.
Any potential winner who cannot be contacted by e-mail or phone within ten (10) days of attempted first notification will forfeit his/her prize. The potential Prize Winner will be required to sign an authorization and an Affidavit of Eligibility, Liability & Publicity Release ("Affidavit"), which must be received by Administrator within two (2) days of the date the notice or attempted notice is sent, in order to claim the Prize. If the Prize notification is returned as undeliverable, or a potential Prize Winner fails to sign and return the Affidavit within the required time period or he/she is not in compliance with these Official Rules, he/she forfeits their respective Prize. Acceptance of a Prize shall constitute and signify the Prize Winner agreement and consent that Sponsor and its designees may use the Prize Winner’s name, city, state, likeness, photo, and/or prize information in connection with the Sweepstakes for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law. Sponsor and Others shall not be held responsible for any delays in awarding any prizes for any reason.
Except where prohibited, a potential winner may be required to complete and return an affidavit of eligibility and liability/publicity release. Minors are not eligible.
- Prize: Three (3) winners will receive a $25 Jamba Juice Gift Card. The total approximate retail value (“ARV”) of each gift card is $25 USD. 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. A winner is responsible for paying any applicable income taxes and any and all other costs and expenses not listed above. 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. A winner 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.
The prize winner is responsible for compliance with all applicable federal, state, and/or local laws and regulations, including, without limitation, the payment of all applicable taxes. US residents only.
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 United States and is governed by the laws of the state of California, 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 10 of these Official Rules and/or for entering any judgment on an arbitration award shall take place in the federal or state courts in Alameda County, California.
- Release and Limitations of Liability: By entering, you agree to release and hold harmless the Sweepstakes Parties from and against any claim or cause of action arising out of participation 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; (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.
- Disputes: Any controversy or claim arising out of or relating to this Sweepstakes shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS ("JAMS Rules and Procedures") then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply California law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Jamba Juice Company will pay as much of the claimant's filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Jamba Juice Company shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. 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 PURPORTED 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 CONTEST IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN A JAMBA JUICE COMPANY 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; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), 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.
- Privacy and Publicity: Except in Tennessee, and where prohibited by law, each entrant agrees and grants Jamba Juice permission to make available and display/perform and otherwise distribute entrants’ names (including posting on websites) in perpetuity without compensation. Except where prohibited, participation in the Sweepstakes constitutes an entrant’s consent to Sponsor’s use of his/her name, likeness, voice, opinions, biographical information, and city and state of residence for promotional purposes in any media without further payment or consideration.
- Release and License: All entrants who enter by completing a survey agree to the following Release And License: In consideration of entering into the Sweepstakes by taking the survey, hereby grant Sponsor, its employees, agents, licensees and personnel who are acting on its behalf, the absolute and irrevocable right and permission throughout the world and in perpetuity, with respect to the entry survey (if applicable), as well as my image, likeness, name, testimonials, statements, if any, or other related items (the "Authorized Material"):
(a) To use, re-use, re-publish, post on a website, transmit, modify and edit the Authorized Material, in whole or in part, severally or in conjunction with other materials, in any medium now or hereafter known, for commercial, promotional and educational purposes and for any other purpose whatsoever, including without limitation, publicity, marketing, advertising, fundraising and/or trade, and
(b) To claim and register copyrights in any materials created by Sponsor based on, derived from or incorporating all or part of any of the Authorized Material in Sponsor’s own name or any other name that they may choose.
If my survey is chosen as a winning entry, and in consideration of the Prize, I will use that survey for personal use only and will provide written releases that cover all persons, animals and locations in the photo if requested. As a condition for entering my survey in the Sweepstakes, I certify that I have the written consent of all other identifiable persons, children and animals in the photo entry (other than myself or my own children and animals) to be bound by the terms of this Release and License. I understand that Sponsor will rely on this certification in posting or otherwise using entries prior to selecting a winner and may require me to produce the written releases as a condition of providing the Prize. I hereby release and discharge the Sweepstakes Parties from any and all claims and demands whatsoever arising out of or in connection with the use of the Authorized Material or any reproduction thereof and waive any further claim for compensation in connection with the use of the Authorized Material. I acknowledge that the Authorized Material may be altered or modified and waive any right to inspect or approve the finished product. This Release and License shall inure to the benefit of the Sweepstakes Parties’ successors and assigns and shall be binding upon my heirs, successors, assigns and legal representatives.
- Trademarks: The Jamba Juice® mark and associated marks and logos are trademarks of Co-Sponsor and may not be used without prior express written permission. You understand and agree that if you participate in the Contest, Sponsor grants you a limited license to use its proprietary copyrights, trademarks and logos (the "Sponsor's Intellectual Property") for the sole purpose of creating an Entry in accordance with these Official Rules. You are not granted any rights in the Sponsor's Intellectual Property for any other purpose or use.
- Winners List: To request a winners list, send a self-addressed, stamped envelope to: Jamba Juice Corporate, 6475 Christie Ave #150, Emeryville, California, 94608. Requests must be received within three (3) weeks of the end of the Entry Period.
- Sponsor: The Sweepstakes is sponsored by Jamba Juice Company, 6475 Christie Ave #150, Emeryville, California, 94608.