Pay It Forward Kick Start Contest
NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
1. PROMOTION PERIOD: The Fruit 66 PAY IT FORWARD KICK START (the "Promotion") period begins April 10, 2011 at 08:00:00 a.m. PT and ends November 30, 2011 at 11:59:59 p.m. PT (the "Promotion Period"). By participating in the Promotion, each Participant (as defined below) unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of 4U2U Brands, LLC, Richmond, Virginia ("Sponsor") whose decision shall be final and binding and non-appealable in all respects.
2. NO PURCHASE NECESSARY
3. ELIGIBILITY: The Promotion is open only to legal residents of one of the fifty (50) United States or the District of Columbia who are thirteen (13) years of age or older at the time of entry. Officers, directors and employees of 4U2U Brands, LLC, and the immediate family members (parent, child, sibling, and spouse of each) of and/or persons living in the same household as such individuals (whether related or not) are not eligible to participate or win. If a potential Promotion prize winner is an eligible minor, the applicable Promotion prize may be awarded to his or her parent or legal guardian, who will be required to sign and return all Promotion prize acceptance documents and assume all responsibilities of the Promotion prize winner or prize will be forfeited.
4. REGISTER ON-LINE AT http://www.facebook.com/Fruit66#!/Fruit66?sk=app_4949752878 ("Website") during the Promotion Period, follow the on-screen instructions and register for the Promotion complete, valid name, street address (including city, state and zip code), e-mail address, date of birth, phone number, and gender (phone number and gender are at the option of the registrant). You must be a Facebook Fan of Fruit 66 to win the Promotion. You may also be asked to answer optional questions; however, they need not be answered in order to be eligible for the Promotion. Limit one (1) Account per person/e-mail address per month. The Website database clock will be the official timekeeper for this Promotion.
5. PAY IT FORWARD KICK START CONTEST: The Pay It Fruit Kick Start period begins at 08:00:00 a.m. PT on April 10, 2011 and ends at 11:59:59 p.m. PT on November 30, 2011 (the "Game Period").
6. PAY IT FRUIT KICK START DRAWINGS: There is one (1) drawing per month during the Promotion Period. There will be one (1) random drawing from all submissions received during the month and each month beginning on April 10, 2011 to the end of the Promotion period ending on November 30, 2011. Sponsor reserves the right, in their sole discretion to add additional prize categories at various times throughout the Pay It Forward Kick Start Period. All potential Promotion winners are subject to verification by Sponsor in their sole discretion. No responsibility is assumed by Sponsor for any inability of a potential Participant to successfully enter any drawing due to circumstances outlined in Rule 10 below or otherwise. Sponsors reserve the right to reschedule any drawing in accordance with Rule 11 below. Odds of winning a drawing depend on the number of entries received for the drawing in each prize category.
PAY IT FRUIT KICK START ENTRY INFORMATION
Pay It Fruit Kick Start Entry Begins at 8:00:00 a.m.PT April 10, 2011 and Pay It Forward Kick Start Ends at 11:59:59 p.m. PT November 30, 2011. Entries received during the month will be considered for the monthly draw. All Promotion Drawings will take place on the 15th of the month following the receipt of the entries. For example, on June 15th, a draw will take place to select one winner from all entries received during the previous month of May. The last drawing will take place on December 15th, 2011 from all of the entries received during the month of November 2011.
Entries not drawn are not considered for future months. The entrants may submit another entry or re-submit a previously entered entry in another month to be eligible for a future draw.
7. PAY IT FRUIT KICK START PRIZES: There will be a monthly prize of ten (10) cases of Fruit 66 drinks. The award will be given to the winner. Estimated retail value of the prize is $240.00.
All prizes have a one winner per household limit and one winner per charitable cause.
TOTAL PRIZE VALUE: The total retail value of all prizes available to be won during the Pay It Forward Kick Start Period is $240.00.
8. PAY IT FRUIT KICK START PRIZE WINNER NOTIFICATION: Potential Promotion prize winners may be notified by email, mail and/or phone (at Sponsor's sole discretion) at the email address/postal address/phone number provided at the time of registration on the Website. Potential Promotion prize winners will be notified by the 30th of the applicable month during the Pay It Forward Kick Start Period. Potential Promotion prize winners may be required to sign and return an Affidavit of Eligibility and Liability Release ("Affidavit") within ten (10) days of the initial attempted prize winner notification (as indicated by the date referenced in the Affidavit). Failure to return the Affidavit within ten (10) days, as stated in the Affidavit, may result in Promotion prize forfeiture, and an alternate winner may be selected, by means of another random drawing. Any mail returned as undeliverable without a forwarding address may result in Prize forfeiture and an alternate winner may be selected at Sponsor's sole discretion. Promotion prizes will be sent to winners at the postal address provided during registration on the Website. Sponsor is not responsible for mail returned as undeliverable. Allow eight (8) to ten (10) weeks for shipment of Promotion prize by mail following notification process. Promotion prizes will only be delivered to addresses within the United States.
9. GENERAL CONDITIONS ON PAY IT FRUIT KICK START PRIZES: No substitution of Promotion prizes is offered, no transfer of Promotion prizes to a third party is permitted and Promotion prizes are not redeemable for cash value. Sponsor reserves the right to award a prize of equal or greater value in the event the published Promotion prizes become unavailable. Any difference between the stated estimated value of a Promotion prize and the actual value of Promotion prize will not be awarded. Promotion prize recipients are responsible for all applicable federal, state, and local taxes, if any, on a Promotion prize. You are entered into a Promotion if your Facebook Fan status has been submitted and verified in accordance with these Official Rules, and you have fully complied with these Official Rules.
10. LIMITATIONS OF LIABILITY: No responsibility or liability is assumed by the Sponsor or by any of the Promotion Parties for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Website (or by any means of registering for, or participating in any part of, the Promotion): hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online or mobile phone communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any e-mail or text messaging transmissions to be sent or received; lost, late, delayed or intercepted e-mail or text messaging transmissions; inaccessibility of the Website in whole or in part for any reason; traffic congestion on the Internet or Website; unauthorized human or non-human intervention of the operation of the Promotion, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Promotion, or loss, miscount, misdirection, inaccessibility or unavailability of an Account used in connection with the Promotion. Neither the Sponsor nor any of the Promotion Parties are responsible for any typographical or printing errors or any display or announcement of Promotion prizes or these Official Rules, or any inaccurate or incorrect data contained on the Website, including without limitation, the number of entries entered in any particular drawing, or any personal injury or property damage or losses of any kind which may be sustained to user's or any other person's computer equipment or mobile phone equipment resulting from online participation in the Promotion, or use of or download of any information from the Website, or any other website owned by Sponsor or Promotion Parties. Use of the Website is at each user's own risk. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE IS PROVIDED "AS IS", WITHOUT ANY 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. Under no circumstances will Sponsors or any of the Promotion Parties be liable for punitive exemplary, special, indirect, incidental, consequential, or any other damages.
11. MODIFICATION: In no event will Sponsor be obligated to award more prizes than the number of prizes stated in these Official Rules. If for any reason Sponsor determines in their sole discretion that the Promotion is no longer capable of running as intended by these Official Rules for any reason whatsoever, including but not limited to, any occurrences described in Rule 10 above, or any other causes which may corrupt or impair the integrity, security, fairness or proper conduct of the Promotion, Sponsor, at their sole discretion, reserves the right to cancel, terminate, suspend, postpone, delay or modify the Promotion in whole or in part, including without limitation, any means of entry, at any time if any aspect of the Promotion is not capable of running as planned or as intended by these Official Rules for any reason whatsoever, as determined by Sponsor in their sole discretion, or if Sponsor determines that more Promotion prize claims are submitted and/or more Promotion prize notices are distributed than the number of Promotion prizes offered in these Official Rules. In such event, Sponsor shall immediately suspend all drawings and Promotion prize awards, and Sponsor reserves the right to award any remaining Promotion prizes (up to the total set forth in these Official Rules) in a manner deemed fair and equitable by Sponsor, such as by way of example and not by way of limitation, in a random drawing from among the eligible entries received up to the time of the impairment, and neither Sponsor nor their Administrators nor any of the Promotion Parties shall have any further liability to any participant in connection with the Promotion.
12. CONDUCT: By participating in this Promotion, each Participant and each participant in the Promotion hereby agrees to be bound by each of these Official Rules and the decisions of the Sponsor which shall be final and binding and non-appealable in all respects. Failure by any Participant or participant in the Promotion to comply with these Official Rules may result in disqualification. Sponsor reserves the right at their sole discretion to (a) disqualify any individual from participating in any aspect of Promotion if Sponsor and/or their Administrators deems or suspects that such person has engaged in or has attempted to engage in any of the following: (i) acting in violation of these Official Rules or the terms and conditions of the Website; or (ii) damaging, tampering with or corrupting the operation of the Promotion; or (iii) acting with intent to annoy, harass or abuse any other person; or (iv) any unsportsmanlike, inappropriate, uncooperative, disruptive, fraudulent, potentially fraudulent, or unusual behavior or activity; or (v) any activity deemed in the sole discretion of Sponsor and their Administrators to be generally inconsistent with the intended operation of the Promotion. CAUTION: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE OR CORRUPT ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION OR EVENT IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR AND THEIR ADMINISTRATORS AND THE PROMOTION PARTIES HEREBY RESERVE THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision.
13. RELEASES: All Participants, as a condition of participation in this Promotion, agree to release Sponsor and Promotion Parties from and against any and all liability, claims or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with: (a) accessing the Website; (b) submitting an entry or otherwise participating in any aspect of the Promotion; (c) the receipt, ownership or use of any Promotion prize awarded; or (d) any typographical or other error in these Official Rules or the announcement of offering of any Promotion prize, any Offer. Sponsor makes no representations or warranties of any kind concerning the appearance, safety or performance of any Promotion prize, any Offer, except for any express manufacturer's warranty as may be included with the prize. Each prize winner bears all risk of loss or damage to his/her respective Promotion prize, or any Offer after it has been delivered. Except for residents of TN and where prohibited by law, each prize winner hereby grants to Sponsor and the Promotion Parties the right to print, publish, broadcast and use worldwide in any media whether now known or hereinafter devised (including without limitation the use online at the Website or at any other websites owned, controlled and/or operated by Sponsor) such prize winner's name, address, voice, statement, picture or other likeness, without additional compensation, for any and all public relations, advertising and promotional purposes as may be determined by Sponsor.
14. DISPUTES: This Promotion is governed by the laws of the United States and the State of Virginia, without respect to conflict of law doctrines. As a condition of participating in this Promotion, you agree (1) that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or in connection with this Promotion, shall be resolved individually, without resort to any form of class action, exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA office in Richmond, Virginia, (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. Further, in any such dispute, under no circumstances will participants be permitted to obtain awards for, and all participants hereby waive all rights to claim, punitive, exemplary, special, indirect, incidental or consequential damages, including attorneys' fees, other than Participant's actual out-of-pocket expenses (e.g. costs associated with entering), and all participants hereby further waive all rights to have damages multiplied or increased.
If a court determines that the Arbitration section above is unenforceable, then this Promotion is governed by the laws of the United States and the State of Virginia, without respect to conflict of law doctrines and the following section shall apply. As a condition of participating in this Promotion, you agree that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or in connection with this Promotion, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Virginia having jurisdiction. Further, in any such dispute, under no circumstances will participants be permitted to obtain awards for, and all participants hereby waive all rights to claim, punitive, exemplary, special, indirect, incidental or consequential damages, including attorneys' fees, other than Participant's actual out-of-pocket expenses (e.g. costs associated with entering), and all participants hereby further waive all rights to have damages multiplied or increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS REGARDING THESE LIMITATIONS. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the registrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Virginia, without giving effect to any choice of law or conflict of law rules (whether of the State of Virginia or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Virginia.
15. WINNERS' LIST: For a list of the Promotion prize winners for prizes valued at over $25, send a SASE postmarked by December 15, 2011 to: Fruit 66 Back to School Promotion Winner's List, 20 N. 20th St. Suite A, Richmond, VA 23223.
16. SPONSOR: 4U2U Brands, LLC, 20 N. 20th St. Suite A, Richmond, Virginia 23223.
Information Collection and Use Practices
When you enter a promotion, Promotion, or contest hosted by 4U2U Brands, LLC or sponsored by 4U2U Brands, LLC and/or our many partners, we ask for your name, address, and email address.
You may be asked to provide additional information or to answer certain questions, some of which may be optional, in order to participate.
We may contact you in connection with a particular promotion, such as a Promotion or contest, in order to update you of your status, administer the promotion, let you know that a promotion has ended, and for other purposes.
Information Sharing and Disclosure Practices
Promotions that are hosted on 4U2U Brands, LLC may be sponsored by 4U2U Brands, LLC, may be co-sponsored by 4U2U Brands, LLC and another company, or may be sponsored by companies other than 4U2U Brands, LLC. Some or all of the data collected during a promotion may be shared with the sponsor(s) or companies indicated on the entry form.
If data will be shared, then there will be notice prior to the time of data collection or transfer.
Practices regarding cookies
When you participate in a 4U2U Brands, LLC-sponsored or hosted promotion, you are subject the Official Rules of that promotion.
This page describes current 4U2U Brands, LLC practices with respect to this particular service. This information may change as 4U2U Brands, LLC revises this service by adding or removing features or using different service providers.
Detailed Instructions for Participation:
In order to participate in the Fruit 66 Back to School Promotion, you must do the following:
- Become a Facebook Fan of Fruit 66 - Fruit 66 Official Facebook Fan Page
- Register for the Promotion here - Fruit 66 Back to School Promotion
- Continue to enjoy great tasting Fruit 66.