Cheribundi – Bowl Of Cheris Sweepstakes

Ly Cheribundi, Inc.
“Bowl of Cheris” Sweepstakes
OFFICIAL RULES
NO PURCHASE OR PAYMENT OF MONEY IS NECESSARY TO ENTER OR WIN
THIS SWEEPSTAKES. A PURCHASE OR PAYMENT OF MONEY WILL NOT
IMPROVE THE CHANCES OF WINNING.
The “Bowl of Cheris” Sweepstakes (the “Sweepstakes”) is intended for legal United
States residents only and shall only be construed and evaluated according to U.S. law.
Do not enter this Sweepstakes if you are not located in the U.S. at the time of entry.
SPONSOR/ADMINISTRATOR: The Sweepstakes is sponsored by Cheribundi, Inc. 1,
Montmorency Way, Geneva, NY 14456 (the “Sponsor”) and administered by American
Sweepstakes & Promotion Co., Inc., 300 State St. Suite 402 Rochester, NY 14614 (the
“Administrator”).
ELIGIBILITY: The Sweepstakes is open to legal U.S. residents residing of Florida,
Georgia, North Carolina, South Carolina, Alabama, Tennessee, and Virginia who are at
least eighteen (18) years of age or the age of majority, whichever is older, in their
respective state of permanent residence as of September 15, 2018 (the “Entrants”).
Employees, officers and representatives of the Sponsor, the Administrator, Vert Mobile,
LLC (the “Marketing Agency”) as well as their respective parent companies, employees,
officers, directors, subsidiaries, affiliates, distributors, sales representatives and
advertising and promotional agencies, and the officers, directors, agents, and
employees of each of the foregoing, and members of their immediate families (defined
as including spouse, biological, adoptive and step-parents, grandparents, siblings,
children and grandchildren, and each of their respective spouses, regardless of where
they reside) or households (whether related or not) of any of the above (collectively, the
“Released Parties”) are NOT eligible to participate in this Sweepstakes. Additionally,
Non-eligibility or non-compliance with any of these Official Rules will result in
disqualification. Void where prohibited or restricted by law. (For the avoidance of
doubt, any references in these Rules to Entrants shall also include those Entrants who
are deemed the Winners (as defined below)).
AGREEMENT TO OFFICIAL RULES: By participating, Entrants agree to abide by and
be bound by these Official Rules and the decisions of the Sponsor, which are final and
binding in all matters relating to the Sweepstakes. Winning a Prize (as described below)
is contingent upon fulfilling all requirements set forth herein.
HOW TO ENTER: The Sweepstakes begins at 12:00:01 a.m. Eastern Time (“ET”) on
September 15, 2018 and ends at 11:59:59 p.m. ET on October 15, 2018 (“Sweepstakes
Period”).
During the Sweepstakes Period, eligible Entrants can register for the Sweepstakes by
completing the online registration form at http://bocabowl.cheribundi.com (“Website”).
The information that will be requested upon registration is as follows: full name, phone
number & email address. In addition, Entrant must indicate the number cherries in the
bowl. Each completed registration received during the Sweepstakes Period will account
for one (1) valid Sweepstakes entry. No limit on number of registration entries per
person.
To be valid, each entry must provide all requested information. Proof of entry
information at the Website is not considered proof of delivery to or receipt by Sponsor of
an entry. Entries made by any other individual or any entity, and/or originating at any
other website or email address, including, but not limited to, commercial Sweepstakes
subscription notification and/or entering service sites, will be declared invalid and
disqualified for this Sweepstakes. The use of automated entry devices is prohibited and
no mechanically reproduced entries are allowed; all such entries are void. Released
Parties are not responsible for late, incomplete, delayed, undelivered, or misdirected
entries. All entries become the exclusive property of Sponsor and will not be
acknowledged or returned except as provided herein. By participating, you consent to
Sponsor’s and its agents’ use of your personal information for the administration of this
Sweepstakes, or in any other manner consistent with Sponsor’s Privacy Policy,
available at https://cheribundi.com/pages/privacy-policy.

GENERAL CONDITIONS: If for any reason the operation or administration of this
Sweepstakes is impaired or incapable of running as planned for any reason, including
but not limited to (i) infection by computer virus, bugs, (ii) tampering, unauthorized
intervention, (iii) fraud, (iv) technical failures, or (v) any other causes beyond the control
of the Sponsor which corrupt or affect the administration, security, fairness, integrity or
proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole
discretion, to disqualify any individual who tampers with the entry process, and to
cancel, terminate, modify or suspend the Sweepstakes in whole or in part, at any time,
without notice and award the applicable Prizes (defined below) using all non-suspect
eligible entries received as of, or after (if applicable) this cancellation, termination,
modification or suspension date, or in any manner that is fair and equitable and best
conforms to the spirit of these Official Rules. Sponsor reserves the right, at its sole
discretion, to disqualify any individual deemed to be tampering or attempting to tamper
with the entry process or the operation of the Sweepstakes or Sponsor’s Website; or
acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR
UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A
VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE
MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER
REMEDIES FROM ANY SUCH PERSON (S) RESPONSIBLE FOR THE ATTEMPT TO
THE FULLEST EXTENT PERMITTED BY LAW.
Failure by the Sponsor to enforce any provision of these Official Rules shall not
constitute a waiver of that provision. In the event of a dispute as to the identity of a
Winner based on an email address, the winning entry will be declared by the authorized
account holder of the email address associated with the registration in question.
“Authorized account holder” is defined as the natural person who is assigned to an
email address by an Internet access provider, online service provider or other
organization (e.g., business, educational, institution, etc.) that is responsible for
assigning email addresses for the domain associated with the submitted email address.
RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Sweepstakes,
Entrants agree to release and hold harmless the Released 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: (i) any technical errors that may prevent an
Entrant from submitting an entry; (ii) unauthorized human intervention in the
Sweepstakes; (iii) printing errors; (iv) errors in the administration of the Sweepstakes or
the processing of entries; or (v) injury, death, 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 of any Prize. Released Parties assume no responsibility for
any error, omission, interruption, deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction or unauthorized access to, or alteration
of, entries. Released Parties are not responsible for any problems or technical
malfunction of any telephone network or telephone lines, computer online systems,
servers, or providers, computer equipment, software, failure of any email or entry to be
received by Sponsor on account of technical problems, human error or traffic
congestion on the Internet or at any Website, or any combination thereof, including any
injury or damage to Entrant’s or any other person’s computer relating to or resulting
from participation in this Sweepstakes or downloading any materials in this
Sweepstakes. Entrant further agrees that in any cause of action, the Released Parties’
liability will be limited to the cost of entering and participating in the Sweepstakes, and in
no event shall the Released Parties be liable for attorney fees. Entrant waives the right
to claim any damages whatsoever, including, but not limited to, punitive, consequential,
direct, or indirect damages.
DRAWING AND NOTIFICATION OF POTENTIAL WINNER: The potential Prize
Winners will be selected, from among all eligible entries received, in one (1) random
drawing by the Administrator, an independent judging organization, whose decisions are
final in all matters relating to this Sweepstakes. Drawing will be conducted on or about
October 17, 2018. Odds of winning the Prize will depend on the total number of eligible
entries received during the Entry Period in question. The potential Grand Prize Winner
will be notified by the Administrator via telephone, email and/or USPS mail, or other
home delivery service of Sponsor’s choice. The potential First Prize Winners and
potential Second Prize Winners will be contacted by the Sponsor via phone, email,
and/or USPS mail.
PRIZES & PRIZE CONDITIONS: There will be one (1) Grand, two (2) First Prizes,
and ten (10) Second Prizes awarded at the end of the Sweepstakes.
Grand Prize Winners will receive:
Two (2) tickets to the Boca Raton Bowl Game (ARV $100), Airfare for two (2) (or
$1,000 airline voucher/credit), three (3) night stay at (Boca Raton, FL) hotel (or
$1,000 hotel voucher/credit) and one (1) YETI Tundra 45 Cooler (ARV $299.99)
filled with tailgate goodies (ARV $50)
Total Grand Prize (“ARV”) of $2,449.99.
First Prize Winners will receive:
YETI Tundra 45 Cooler (ARV $299.99) filled with tailgate goodies (ARV $50),
one (1) $250 (Publix) Gift Card.
TOTAL First Prize (“ARV”) of $599.99.
Second Prize Winners will receive:
YETI Rambler 30oz Stainless Steel Insulated Cup (ARV $34.99) + one (1) $25
(Publix) Gift Card.
TOTAL Second Prize (“ARV”) of $59.99.
Total Prize Pool $4,249.87. No substitution, assignment or transfer of the Prize is
permitted, except by Sponsor, who reserves the right to substitute the Prize with
another of comparable or greater value.
By accepting a Prize, the Winners agree to release and hold harmless the Released
Parties, each of their related companies, and each of their respective officers, directors,
employees, shareholders, and agents from and against any claim or cause of action
arising out of participation in the Sweepstakes or receipt or use of the Prize in question.
The potential Grand Prize Winner will be notified by phone, or email, and must sign and
return to the Administrator, within seven (7) days of the date of notice or attempted
notice is sent, an Affidavit of Eligibility, Liability & Publicity Release in order to claim
his/her Prize. Note: The Affidavit sent to the potential Winner will require that the
Winner provide their Social Security Number to the Administrator, which will be
used solely for tax reporting purposes. Each Winner will each be responsible for all
local, state, and federal taxes associated with the receipt of their Prize. The Grand Prize
Winner must note that the value of the accepted prize is taxable as income and an IRS
Form 1099 will be filed in the name of the Winner for the value of the Prize. The
Winners are solely responsible for all matters relating to their Prize after it is awarded. If
a Prize or Prize notification is returned as unclaimed or undeliverable to a potential
Prize Winner, if a potential Prize Winner cannot be reached within three (3) business
days from the first notification attempt, or if a potential Grand Prize Winner fails to return
requisite document(s) within the specified time period, or if a potential Prize Winner is
not in compliance with these Official Rules, then such person shall be disqualified and,
at Sponsor’s sole discretion, an alternate Prize Winner may be selected for the Prize at
issue.
By accepting a Prize, where permitted by law, the Winners will grant to the Released
Parties and those acting pursuant to the authority of Sponsor and the Released Parties,
the right to print, publish, broadcast and use worldwide IN ALL MEDIA without limitation
at any time a Winner’s full name, portrait, picture, voice, likeness and/or biographical
information for advertising, trade and promotional purposes without further payment or
additional consideration, and without review, approval or notification. IN NO EVENT
WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR
LOSSES OF ANY KIND (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF
PARTICIPATION IN THIS SWEEPSTAKES OR THE ACCEPTANCE, POSSESSION,
USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE,
POSSESSION, USE OR MISUSE OF THE PRIZES. By participating, Entrants release
and agree to hold harmless the Released Parties from any and all liability for any
injuries, death or losses or damages to persons or property AS WELL AS
CLAIMS/ACTIONS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR
INVASION OF PRIVACY that may arise from participating in this Sweepstakes or its
related activities or the acceptance, possession, use or misuse of, or any harm resulting
from the acceptance, possession, use or misuse of the Prize(s). The Winners also
acknowledge that Released Parties have neither made nor are in any manner
responsible or liable for any warranty, representation or guarantee, express or implied,
in fact or in law, relative to their Prize(s).
DISPUTES: By entering the Sweepstakes, Entrants agree that 1) Any and all disputes,
claims, and causes of action arising out of or connected with the Sweepstakes, or any
Prizes awarded, shall be resolved individually, without resort to any form of class action;
2) Any and all claims, judgments and awards shall be limited to actual out-of-pocket
costs incurred, including costs associated with entering the Sweepstakes but in no
event attorney fees; and 3) Under no circumstances will any Entrant be permitted to
obtain any award for, and Entrant hereby waives all rights to claim, punitive, incidental
or consequential damages and any and all rights to have damages multiplied or
otherwise increased and any other damages, other than for actual out-of-pocket
expenses. All issues and questions concerning the construction, validity, interpretation
and enforceability of these Official Rules, or the rights and obligations of the Entrants
and Sponsor or the Released Parties in connection with the Sweepstakes, shall be
governed by, and construed in accordance with United States law. Any legal
proceedings arising out of this Sweepstakes or relating to these Official Rules shall be
instituted only in the federal or state courts of New York, and the parties consent to
jurisdiction therein with respect to any legal proceedings or disputes of whatever nature
arising under or relating to these Official Rules. The invalidity or unenforceability of any
provision of these Official Rules shall not affect the validity or enforceability of any other
provision. In the event that any provision is determined to be invalid or otherwise
unenforceable or illegal, these Official Rules shall otherwise remain in effect and be
construed in accordance with their terms as if the invalid or illegal provision were not
contained herein.
SEVERABILITY: The invalidity or unenforceability of any provision of these Official
Rules will not affect the validity or enforceability of any other provision. If any provision
of the Official Rules is determined to be invalid or otherwise unenforceable, the other
provisions will remain in effect and will be construed as if the invalid or unenforceable
provision were not contained herein.
MISCELLANEOUS: These Official Rules contain the full and complete understanding
with respect to the Sweepstakes and supersede all prior and contemporaneous
agreements, representations and understandings, whether oral or written. The
headings herein are for convenience only, do not constitute a part of these Official
Rules, and shall not be deemed to limit or affect any of the provisions hereof. No
amendment to, or waiver of, any provision of these Official Rules shall be effective
unless in writing and signed by both Sponsor and Administrator. The waiver by
Sponsor or Administrator of any provision of these Official Rules shall not constitute a
waiver of any other provision herein. The rights and obligations hereunder may not be
assigned by Entrant, whether by operation of law or otherwise, without the prior written
consent of Sponsor, and any attempted assignment in violation of the foregoing shall be
null and void. These Official Rules shall be binding upon, and inure to the benefit of, the
permitted successors and assigns of Sponsor, Administrator, and Entrant.
WINNERS LIST REQUEST: To request confirmation of the name, city, and state of
residence of each Winner, please send a self-addressed, stamped business-size
envelope, by November 30, 2018 to: ASC/ Cheribundi “Bowl of Cheris” Sweepstakes,
Winners List Request, 300 State St., Suite 402, Rochester, NY 14614.