December Giveaway Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. The DecemberGiveaway (the “Giveaway”) starts on December6, 2016 at 12:00 p.m. Pacific Standard Time (“PST”) and ends on December31, 2016 at 3:00 p.m. PST (“Giveaway Period”).
ELIGIBILITY: Giveaway is open to legal residents of the fifty (50) United States and the District of Columbia, 18 years of age or older as of the date of entry. Employees of Jamba Juice Company (“Sponsor”), their subsidiaries, distributors, affiliates, promotion and advertising agencies, and members of their immediate families (spouses and parents, 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. Giveaway is subject to all applicable federal, state and local laws. This Giveaway is in no way sponsored, endorsed or administered by, or associated with Facebook or Instagram.
HOW TO ENTER: During the Giveaway Period: a. Follow @JambaJuice on Instagram b. Comment on the Decembergiveaway post on Instagram and tag your friend’s username in the post’s comment
RANDOM DRAWING: Five (5) potential winners will be selected, in a random drawing on or about January1, 2017from among all eligible entries received throughout the Giveaway Period. Odds of winning depend on the number of eligible entries received throughout the Giveaway Period. Five (5) total winners will be selected on Instagram. Five (5) entries will be selected to receive the Giveaway prize. Each potential winner will be notified with an Instagram comment.
WINNER NOTIFICATION: Sponsor’s decisions are final and binding on all matters relating to this Giveaway. Potential winner will be notified by Instagram comment and will be asked to provide us with their email or mailing address. If winner does not provide requested information within the specified time period, prize notification is returned as undeliverable, Sponsor is unable to contact the potential winner or the potential winner is not in compliance with these Official Rules, prize will be forfeited and, at Sponsor’s discretion, an alternate winner may be selected.
PRIZE: Five (5) winners will be selected on Instagram, and will receive one (1) $25 Jamba Juice gift card. Approximate Retail Value (“ARV”) of$25. Prize is awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. Winner may not substitute, assign or transfer prize or redeem prize for cash, but Sponsor reserves the right, at its sole discretion, to substitute prize (or portion thereof) with one of comparable or greater value. All prize details are in Sponsor’s sole discretion.
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 Giveaway; (b) to release, discharge and hold harmless Sponsor, Jamba Juice Company, Facebook, Instagram and their respective parents, affiliates, subsidiaries, distributors, and advertising and promotion agencies, and the respective officers, directors, shareholders, employees, agents and representatives of the foregoing (collectively, “Released Parties”) from any and all injuries, liability, losses and damages of any kind to persons, including death, or propertyresulting, in whole or in part, directly or indirectly, from entrant’s participation in the Giveaway or any Giveaway-related activity or the acceptance, possession, use or misuse of the 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 in perpetuity 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 materialson their own or through someone else regarding their participation in the Giveaway 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, deleted, removed or garbled Entries, tweets, comments or posts 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 Giveaway, including, without limitation, errors or difficulties which may occur in connection with the administration of the Giveaway, the processing of Entries, the announcement of the prize, or in any Giveaway-related materials. 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 Giveaway. Released Parties are not responsible for injury or damage to any person's computer related to or resulting from participating in this Giveaway or downloading materials from, or use of, the website. Persons who tamper with or abuse any aspect of the Giveaway, who act in an unsportsmanlike or disruptive manner, or who are in violation of these Official Rules, all as solely determined by Sponsor, will be disqualified and all associated entries will be void. Should any portion of the Giveaway be, in Sponsor’s sole opinion, compromised for any reason, including virus, worms, bugs, non-authorized human intervention or other causes which, inthe 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 Giveaway (or portion thereof) and, ifterminated, at its discretion, select the potential winner from among all non-suspect, eligible Entries received prior to action taken. CAUTION: ANY ATTEMPT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE GIVEAWAY MAY BE IN VIOLATION OF CRIMINALAND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ANY AND ALL REMEDIES AVAILABLE FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
ARBITRATION: Except where prohibited by law, as a condition of participating in this Giveaway, participant agrees that (1) any and all disputes and causes of action arising out ofor connected with this Giveaway, or any prize awarded, shall be resolved individually, without resort to any form of, consolidated, coordinated or class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the participant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than participant's actual out-of-pocket expenses (i.e., costs associated with participating in this Giveaway), and participant further waives all rights to have damages multiplied or increased.
CHOICE OF LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participant and Sponsor in connection with the Giveaway, shall be governed by, and construed in accordance with, the substantive laws of the State of Texas, USA, without reference to its conflict of laws principles.
REQUEST FOR WINNER’S NAME: For the name of the Giveaway winner (available after January 1, 2017) send a self-addressed, stamped, envelope by January31, 2017, to: DecemberGiveaway Winners, 3001 Dallas Pkwy, Frisco TX 75034 SPONSOR: The Giveaway is sponsored by Jamba Juice Company, 3001 Dallas Pkwy, Frisco TX 75034. The Contest is not sponsored by, endorsed by, administered by, or associated with Facebook or Instagram. ABBREVIATED RULES FOR USE ON POINT OF SALE MATERIALS, PRODUCT PACKAGING, AND ONLINE ADVERTISING ONLY.