Curation Foods – Eat Smart New Look Sweepstakes

EAT SMART
“NEW LOOK SWEEPSTAKES”
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN.
Purchase does not increase chances of winning.
The “New Look Sweepstakes” (the “Sweepstakes”) begins at 12:01 AM Pacific Daylight Time (“PT”)
November 25, 2019 and ends at 11:59 PM PDT December 31, 2019 (the “Sweepstakes Period”).
Administrator’s computer is the official time keeping device for the Sweepstakes.
1. ELIGIBILITY: Open only to legal residents of the 48 contiguous United States (excludes Alaska, Hawaii
and all United States territories and possessions), who are eighteen (18) years of age or older at time of
entry. Employees of Curation Foods Inc. [2811 Airpark Dr., Santa Maria, CA 93455] (the “Sponsor”),
Reason Media [14144 Ventura Blvd, STE 301 Sherman Oaks, CA 91423], an independent marketing
organization (the “Administrator”) or any other company or individual involved with the design,
production execution or distribution of the Sweepstakes or their related entities, distributors, affiliates,
subsidiaries, advertising and promotion fulfillment agencies, retailers, and their immediate family
members (spouse, parents and step-parents, siblings and step-siblings, and children and step-children)
and/or household members (people who share the same residence) of such employees are not eligible
(the “Sweepstakes Entities”). Void in Alaska, Hawaii, all United States territories and possessions and
where prohibited by law.
HOW TO ENTER: There are two (2) methods of entry: i) Website: During the Sweepstakes Period, access
Sponsor’s promotional microsite (http://www.eatsmart.net/newlook) and submit the registration form,
including name and email address. ii) Mail-in Entry Form: Entrants may also enter by printing their
name, address, telephone number, email address and age on a 3″ x 5″ postcard and mailing to: Eat
Smart “New Look” Sweepstakes, 2811 Airpark Drive, Santa Maria, CA 93455. Online entries via the
Sponsor’s website or mail-in entries must be received by 11:59 PM PDT on December 31, 2019.
LIMIT OF ONE SWEEPSTAKES ENTRY PER PERSON, PER HOUSEHOLD, PER EMAIL ADDRESS, PER
SWEEPSTAKES PERIOD REGARDLESS OF THE METHOD OF ENTRY.
Sponsor is not responsible for any problems with a person’s entry, including technical failures related to
computer, telephone, cable, unavailable networks or server connections, and/or other failures related
to hardware, software or virus, or incomplete, late or misdirected entries. Limit one entry per
person/email address/household address regardless of method of entry. Should the Sweepstakes
become infected by a virus, tampering, unauthorized intervention, fraud, technical failures or other
causes that in Sponsor’s sole opinion corrupt or affect the security, administration, fairness, integrity or
proper conduct of this Sweepstakes, Sponsor reserves the right in its sole discretion to cancel,
terminate, modify or suspend the Sweepstakes and/or disqualify any individual who tampers with the
entry process and to select winners from eligible, non-suspect entries received prior to the event
requiring such modification or termination of the Sweepstakes. In the event of a dispute regarding the
identity of the person submitting an online entry, the entry will be deemed to be submitted by the
natural person in whose name the email account is registered with the appropriate domain name
holder, as determined by Sponsor. Sponsor reserves the right to cancel, suspend and/or modify the
Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s
reasonable control impairs the integrity or proper functioning of the Sweepstakes as determined by
Sponsor in its sole discretion. Sponsor reserves the right in its sole discretion to disqualify any individual
it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in
violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner.
Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may
be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right
to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to
enforce any term of these Official Rules shall not constitute a waiver of that provision. Entries and entry
information become the property of Sponsor and will not be returned. By participating in the
Sweepstakes, Entrant hereby agrees to Sponsors’ collection and usage of Entrant’s personal information
and acknowledges that Entrant has read and accepted each Sponsor’s Privacy Policy.
3. VERIFICATION OF POTENTIAL WINNERS: Potential winners must continue to comply with all of the
terms and conditions of these Official Rules and winning is contingent upon fulfilling all of the
requirements. The potential winners will be notified by either by email, telephone, or registered mail.
4. PRIZES: The Sweepstakes has a Prize [collectively “Prize(s)”] as follows:
ONE THOUSAND (1,000) Eat Smart free product coupons valued at $3.00, each. Estimated Retail Value
(“ERV”): Three-Thousand U.S. Dollars ($3,000)
Any costs and incidentals not specified herein are the Prize winner’s sole responsibility. If a potential
Prize winner cannot accept the Prize as stated, that prize may be forfeited in its entirety and awarded to
an alternate winner.
No substitutions, cash equivalents or transfers for the Prizes permitted except at the sole discretion of
Sponsor, who reserves the right to substitute a prize (or prize component) with one of comparable or
greater value in the event of unavailability. The Prize is non-refundable for cash and non-changeable
once issued. In the event that a Prize component is not available for any reason, then remaining
elements of Prize shall constitute full satisfaction of Sponsor’s Prize obligation to a person who is
awarded a Prize (“Winner”) and no additional compensation will be awarded. Prize(s) will not be
replaced if lost by Winner. Any depictions of Prize (or Prize elements) are for illustrative purposes only.
Winner is responsible for any and all expenses and taxes not included in the Prize package, including,
but not limited to, Federal, state and local taxes. Prizes are provided “as is” and without any warranty of
any kind.
5. DRAWING: During the week of January 6, 2020, Sponsor or Sweepstakes Administrator will select the
names of potential winners in a random drawing from all eligible entries received during the duration of
the Sweepstakes Period. The decisions of the Administrator and Sponsor will be final and binding and
cannot be appealed. All Prize Winners will be notified by either by phone, e-mail and/or mail and must
meet all eligibility requirements including the execution and delivery of all necessary releases (as
described below).
6. CLAIMING PRIZES/RELEASES: Eligibility, age and all claims made by a potential Winner are subject to
verification. Sponsor is not responsible for fraudulent mail sent to entrants not by Sponsor. If a potential
Winner cannot be reached after a reasonable effort has been exerted, or if a potential Winner is found
to be ineligible, an alternate Winner may be selected in Sponsor’s sole discretion. If the Prize or Prize
notification is returned as undeliverable or if the potential Winner fails to respond to notification
attempts, the potential Winner may be disqualified, and an alternate Winner may be selected in
Sponsor’s sole discretion. In the event the Winner declines the Prize or Winner fails to return completed
releases (as described below), Sponsor may elect, in its sole discretion, to select an alternate Winner. If a
dispute arises regarding who submitted an on-line entry, the entry will be deemed submitted by the
legitimate holder of the e-mail account as determined by Sponsor. Potential Winner must complete,
sign, have notarized and return an Affidavit of Eligibility/Prize Acceptance/Liability and (where legally
permissible) Publicity Release Form, except where prohibited by law, within five (5) days of receipt of
same. By accepting any Prize, Winner(s) consent to the use of Winner'(s) and names, photographs and
likenesses, without additional compensation, for advertising, trade and promotional purposes in all
media, whether now known or hereafter devised, in perpetuity, throughout the Universe except where
prohibited by law. If a selected potential Winner fails to comply with the official rules and/or to submit
required documentation within the designated period, the Prize will be forfeited and an alternate
Winner may be selected at Sponsor’s sole discretion. By accepting a Prize, a Winner further
acknowledges that the Sweepstakes Entities 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
Prize or Prize suppliers or to any portion thereof, including by not limited to its quality, merchantability,
mechanical condition, or fitness for a particular purpose. Sponsor shall not be responsible or liable for its
failure to contact potential Winner(s) due to an incorrect, out of date or undeliverable email address or
telephone number. Entrants should be sure to update their user accounts regularly with their correct
contact information so that they will be able to receive prizes if selected as a potential Winner. A
potential Winner, who fails to notify Sponsor with any complaint or problem within three (3) days after
attempted Prize notification, forfeits their right to do so.
7. ODDS: The odds of winning a Prize from the Sweepstakes depend upon the total number of eligible
Entries (as determined by the Official Rules) received during the Sweepstakes Period.
8. GENERAL RULES AND REGULATIONS: By entering the Sweepstakes, Entrants agree to waive any rights
to claim ambiguity with the Official Rules. All Entrants further acknowledge that if they are chosen as a
Winner, certain of their personally identifying information may be disclosed to third parties at least as
required by law including, without limitation, Winner’s name on a “Winners’ List.” The Winner’s name
will be kept on file for two (2) years after the end of the Sweepstakes. Decisions made by Sponsor in
relation to this Sweepstakes are final and binding in all matters, including, without limitation,
interpretation of these Official Rules and the awarding of the Prize, and cannot be appealed. By
entering, Entrants agree to release the Sponsor, Administrator and Sweepstakes Entities from any and
all liability, claims or actions of any kind whatsoever for injuries, death, damages or losses to persons
and property which may be sustained in connection with the receipt, ownership, use or misuse of the
Prize, or while preparing for, participating in, utilizing and/or traveling to any Prize-related activity (if
any), including any indirect, incidental, consequential or punitive damages. Sponsor, Administrator and
Sweepstakes Entities expressly disclaim any responsibility or liability for injury, death or loss to any
person or property relating to the delivery and/or subsequent use, malfunction, availability, and delay in
delivery of the Prize awarded. Sponsor, Administrator and Sweepstakes Entities shall not be liable to
Winner or any other person for failure to supply the Prize or any part thereof, by reason of any acts
beyond the reasonable control of Sponsor typically defined as acts of force majeure (including but not
limited to acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-
governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be
invalid), equipment failure, technical difficulties, terrorist acts, earthquake, tsunami, derechos, war, fire,
flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or
illegal), lock-out, labor or material shortage, transportation interruption of any kind, work slow-down,
civil disturbance, insurrection, riot, or any other cause beyond Sponsor’s sole control [“Force
Majeure”]). Sponsor, Administrator and Sweepstakes Entities shall not be responsible for any
cancellations, delays, diversions or substitutions or any act or omissions whatsoever by the air carrier(s)
or other transportation companies or any other persons providing any of these services, if applicable.
Sponsor, Administrator and Sweepstakes Entities shall not be liable for any loss or damage to baggage, if
applicable. The Sweepstakes Entities, Administrator nor Sponsor do not make any warranty,
representation or guarantee, express or implied, in fact or in law, relative to the use of any Prize
including, without limitation, quality, merchantability or fitness for a particular purpose. Sponsor may
modify, rescind, cancel or revoke the Sweepstakes at any time in their sole discretion without notice or
liability. Entrants who attempt to tamper with this Sweepstakes in any way shall be disqualified. All
federal, state and local laws and regulations apply. Additional restrictions may apply. Any attempt to
deliberately damage the Sweepstakes or operation of the Sweepstakes is unlawful and subject to legal
action by Sponsor, Administrator and/or Sweepstakes Entities who may seek damages to the fullest
extent permitted by law. Sponsor reserves the right, at its sole discretion, to disqualify any individual it
finds, in its sole determination, to be tampering with the entry process or the operation of the
Sweepstakes; to be acting in violation of the Official Rules; or to be acting in an unsportsmanlike or
disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Without
limitation of the foregoing, any use of software or hardware, including without limitation, a program,
mechanism, system, robot, “bot”, macro or other artificial device, process and/or other system
(collectively defined as “Manipulation”) is strictly prohibited. Sponsor may suspend or discontinue the
Sweepstakes if, in its sole opinion, there is any actual or suspected tampering of the Sweepstakes, or any
other malfunction, event or activity that may affect the integrity of the Sweepstakes. Sponsor reserves
the right, in its sole discretion, to terminate any Entrant’s participation in the Sweepstakes whom
Sponsor suspects have engaged in any Manipulation. False or deceptive Entries or acts, as determined
by Sponsor, in its sole discretion, will render the Entrant ineligible for the entire Sweepstakes. Sponsor
reserves the right, in its sole discretion, to suspend or cancel or modify the Sweepstakes at any time if a
computer virus, bug, malfunction, Manipulation or other technical problem, regardless of the cause,
affects, compromises, or corrupts the administration, security, or proper play of the Sweepstakes.
Notice of cancellation will be posted at the Eat Smart “New Look Sweepstakes” page. Prizes that are not
obtained through authorized legitimate methods, or are the result of Manipulation, mechanical,
electronic, digital or computer or other error, are void. No more than the stated number of prizes in
these Official Rules will be awarded. In addition to the foregoing, if for any reason (including, but not
limited to, events of Force Majeure and other events not within the reasonable control of Sponsor,
Administrator and/or Sweepstakes Entities) Sponsor cannot continue the Sweepstakes, Sponsor may, in
its sole discretion, cancel this Sweepstakes or extend the Promotion Period. Participation in the
Sweepstakes constitutes Entrant’s understanding of and full and unconditional agreement to and
acceptance of these Official Rules. Sponsor reserves the right to disqualify any Entrant that Sponsor
determines to be in violation of any term contained in these Official Rules. Sponsor’s decision not to
enforce a specific provision of these Official Rules does not constitute a waiver of that provision or of
the Official Rules generally.
SPONSOR SHALL NOT BE OBLIGATED TO AWARD ANY PRIZE THAT RELATES TO OR ARISES OUT OF AN
IRREGULAR ENTRY OR IMPROPER OR MISTAKEN PRIZE NOTIFICATION, OPERATION OR FUNCTION OF
THIS SWEEPSTAKES.
9. Release of Liability; Limitation of Liability: By participating in the Sweepstakes, Entrant agrees that
Sponsor, Administrator and Sweepstakes Entities, their respective shareholders, officers, directors and
employees, and their agents, representatives, parent companies, affiliates, subsidiaries, related
companies, advertising, promotion, and fulfillment agencies, and legal advisors (the “Released Parties”)
are not responsible for and shall not be liable for:
a) late, lost, delayed, damaged, misdirected, incomplete, illegible, unintelligible entries, lost, misdirected
or otherwise undeliverable electronic mail, mail, or postage-due notices, release forms, affidavits or
other correspondence;
b) potential winner’s unsuccessful efforts to claim any Prize;
c) any telephone, electronic, hardware or software program, network, Internet, or computer
malfunctions, slowdowns, failures, or difficulties of any kind;
d) failed, incomplete, garbled, or delayed computer transmissions;
e) human error;
f) any condition caused by events beyond the reasonable control of the Sponsor that may cause the
Sweepstakes to be disrupted or corrupted, however minor;
g) any injuries, losses, or damages of any kind, including without limitation, personal injury, death and
property damage arising in connection with or as a result of the acceptance, possession, or use of a
Prize, or from participation in the Sweepstakes;
h) any unauthorized Sweepstakes plays or Manipulation by a person;
i) any printing or typographical errors in any materials associated with the Sweepstakes, or errors
attributable to a malfunctioning Prize notice or pop-up window associated with the Sweepstakes;
j) any claims based on publicity rights, likeness, defamation or invasion of privacy;
k) any claims involving the laws of tort; or
l) any damage to any Entrant’s (or any third person’s) computer and/or its contents related to or
resulting from any part of this Sweepstakes.
IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES
OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL EXEMPLARY, TREBLE OR
PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH ENTRANT’S: (1) ACCESS TO AND USE
OF, OR INABILITY TO ACCESS SITE(S) (2) DOWNLOADING FROM AND/OR PRINTING MATERIAL
DOWNLOADED FROM THE SITE(S), (3) PARTICIPATION IN THE GAME AVAILABLE ON THE SITE(S) OR (4)
ACCEPTANCE OF ANY PRIZE OR (5) PARTICIPATION OR ATTEMPTED PARTICIPATION IN THE GAME.
WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE(S), INCLUDING WITHOUT LIMITATION,
THE GAME ON THE SITE(S), ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME
JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE
LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO ENTRANT. ENTRANT SHOULD CHECK ENTRANT’S
LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR
EXCLUSIONS.
10. DISPUTES: Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or
connected with this Sweepstakes, or any Prizes awarded, other than those concerning the
administration of the Sweepstakes or the determination of winners, shall be resolved individually,
without resort to any form of class action; (ii) any and all disputes, claims and causes of action arising
out of or connected with this Sweepstakes, or any Prizes awarded, shall be shall be resolved by
submission to a final and binding arbitration to be held in Los Angeles County, California before a single
arbitrator in accordance with California Code of Civil Procedure §§ 1280 et seq. For purposes of venue
the parties agree that the arbitration shall take place in Los Angeles, California. The arbitrator shall be
selected by mutual agreement of the parties or, if the parties cannot agree, then by striking from a list of
arbitrators supplied by the American Arbitration Association or JAMS/Endispute. The arbitration shall be
a confidential proceeding, closed to the general public and will use and implement the Federal Rules of
Evidence with respect to the entire arbitration process. The arbitrator shall issue a written opinion
stating the essential findings and conclusions upon which the arbitrator’s award is based. The parties
will share equally in payment of the arbitrator’s fees and arbitration expenses and any other costs
unique to the arbitration hearing (recognizing that each side bears its own deposition, witness, expert
and attorneys’ fees and other expenses to the same extent as if the matter were being heard in court);
(iii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred,
including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (iv) under
no circumstances will Entrant be permitted to obtain awards for and Entrant hereby waives all rights to
claim punitive, exemplary, treble, incidental and consequential damages and any other damages
whatsoever including all rights to have damages multiplied or otherwise increased 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 Entrant and Sponsor,
Administrator and/or Sweepstakes Entities in connection with the Sweepstakes, shall be governed by
and construed in accordance with the laws of the State of California without giving effect to any choice
of law or conflict of law rules (whether of the State of California or any other jurisdiction) which would
cause the application of the laws of any jurisdiction other than the State of California and venue in any
court of appropriate jurisdiction in Los Angeles County, California. Notwithstanding the foregoing, in the
event that any individual alleged claim and/or damage is Ten Thousand Dollars ($10,000) or less then
the allegedly aggrieved party’s sole remedy shall be via State of California Small Claims Court at the
Pasadena Court House located in the Northeast District for the County of Los Angeles, CA. Furthermore,
in the event that an Entrant acts could be deemed to infringe or diminish Sponsor’s intellectual property
rights, including but limited to, copyright, trademark, confidential information, good will, business
reputation then Sponsor retains any and all rights and remedies in both law and at equity including but
not limited to injunctive relief and such actions will be filed in the appropriate state or federal courts.
The invalidity or unenforceability of any provision of these rules shall not affect the validity or
enforceability of any other provision
11. RULES/WINNERS LIST: For a copy of the rules and/or the winners list, send a request and a self-
addressed, stamped envelope to: Eat Smart “New Look” Sweepstakes “Rules”/”Winner’s List”, 2811
Airpark Drive, Santa Maria, CA 93455). Requests must be received by January 13, 2020. The Official
Rules will be accessible from the Eat Smart “New Look” page (http://www.eatsmart.net/newlook)
during the Sweepstakes Period.