Nekter Juice Bar – Nine Weeks Of Nekter Giveaway Sweepstakes
SEASON OF GIVING + NINE WEEKS OF NEKTER GIVEAWAY
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. BY PARTICIPATING IN THE GIVEAWAY, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO PLEASE READ THEM CAREFULLY BEFORE PARTICIPATING.
SPONSOR AND ADMINISTRATOR: The Sponsor and Administrator of the Season of Giving + Nine Weeks of Nekter Giveaway (the “Giveaway”) is Nekter Juice Bar, Inc., with its principal place of business and mailing address at: 2488 Newport Blvd., Suite A, Costa Mesa, California 92627 (“Sponsor”). Sponsor’s decisions are final and binding as to all aspects of this Giveaway.
ELIGIBILITY: The Giveaway is open to legal residents of the 50 United States and D.C., excluding residents of the states of Florida, New York, and Rhode Island who, as of the time of entry, are at least 18 years or older and the legal age of majority in their state/province/territory of residence (the “Entrant”). Employees, officers, directors, and representatives of Sponsor, or any of Sponsor’s parent companies, subsidiaries, affiliates, or advertising or promotion agencies and members of the immediate family or household of any such employee, officer, director, or representative, are not eligible to enter or win. No purchase is necessary. Void where prohibited by law. By participating in the Giveaway, you agree to be bound by these Official Rules. An entrant is not a winner of any prize until (a) entrant’s eligibility as to the Giveaway has been verified, (b) entrant has been notified that verification is complete, (c) entrant has completed and submitted all required information and forms (including an Affidavit of Eligibility and Liability/Publicity Release, if required) and (d) entrant has otherwise fully complied with the terms and conditions of these Official Rules.
GIVEAWAY PERIOD:The Giveaway begins on November 7, 2022 at 12:01 AM Pacific Time (“PT”) and ends on January 1, 2023 at 11:59 PM PT (“Giveaway Period”). During the Giveaway Period, Sponsor will conduct weekly giveaways (the “Weekly Giveaways”) each of which will have a specific entry period as defined in Section 4 below (each a “Weekly Giveaway Period”). Sponsor’s time keeping device is the official clock of the Giveaway. Sponsor may conduct other giveaways during the Giveaway Period. The Weekly Giveaways are a part of the Giveaway and therefore are subject to the terms of these Official Rules.
HOW TO ENTER THE GIVEAWAY; LIMIT: During each of the Weekly Giveaway Periods described below, you may enter the Weekly Giveaway once by going to the Weekly Giveaway Site at the URL provided in the table below and entering your email address and phone number and opt in to receive SMS messaging from Sponsor. and click the button indicated to submit your entry in that particular Weekly Giveaway (each an “Entry”).
Start of Weekly Giveaway Period
End of Weekly Giveaway Period
Weekly Giveaway Entry Page URL (“Weekly Giveaway Site”)
November 7, 2022 at 12:01am PT
November 13, 2022 at 11:59pm PT
November 14, 2022 at 12:01am PT
November 20, 2022 at 11:59pm PT
November 21, 2022 at 12:01am PT
November 27, 2022 at 11:59pm PT
November 28, 2022 at 12:01am PT
November 13, 2022 at 11:59pm PT
December 5, 2022 at 12:01am PT
December 4, 2022 at 11:59pm PT
December 12, 2022 at 12:01am PT
December 11, 2022 at 11:59pm PT
December 19, 2022 at 12:01am PT
December 18, 2022 at 11:59pm PT
December 26, 2022 at 12:01am PT
December 25, 2022 at 11:59pm PT
January 2, 2023 at 12:01am PT
January 8, 2023 at 11:59pm PT
You are only permitted to enter once during each Weekly Giveaway, regardless of the number of email addresses or physical addresses. Multiple Entries submitted during a single Weekly Giveaway may result in disqualification of all Entries submitted for such Weekly Giveaway as well as from the Giveaway in its entirety.
All Entrants are limited to one prize per person during the Giveaway Period.
For each Weekly Giveaway, Sponsor will pool all eligible Entries received through the applicable Weekly Giveaway Site and one potential winner will be selected from the pool of received eligible Entries for that Weekly Giveaway.
By providing an Entry, each entrant assigns, transfers and conveys all right, title and interest in and to the Entry to Sponsor.
The use of any agencies or automated software, to submit entries will void all entries submitted by that person. Any attempt by an Entrant to obtain more than the stated number of entries by using multiple/different identities, and/or any other methods will void that Entrant’s entry to the Weekly Giveaway and that Entrant may be disqualified from the Giveaway. No mechanically or programmatically reproduced entries are permitted. Sponsor will not confirm receipt of entries for Entrants. All entries submitted become the sole property of Sponsor and will not be returned.
Sponsor is not responsible for (a) any human or mechanical errors, omissions, interruptions, defects, computer, online, telephone, cable, satellite, technical or mechanical malfunctions, viruses, worms, or delays of any kind that occur in the transmission, communication, or processing of entries, or inaccurate transcription of entry information; (b) undelivered, late, lost, stolen, damaged, garbled, mutilated, illegible, incomplete, invalid, void, unintelligible or misdirected entries, which will be disqualified; (c) errors, typos, or misprints in these Official Rules, in any Giveaway-related advertisements, or other materials; (d) failures of electronic equipment, computer hardware or software, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled, or delayed electronic communications, or entries otherwise not in compliance with these Official Rules, or (e) any condition caused by events beyond the control of Sponsor that may cause the promotion to be disrupted or corrupted.
By entering, each Entrant; (a) represents that he/she is at least eighteen (18) years of age and the legal age of majority in the state of residence and is otherwise eligible to participate in the Giveaway; and (b) fully and unconditionally agrees to and accepts these Official Rules and the decisions of Sponsor, which are final and legally binding in all respects.
Standard data charges may apply if participating via your mobile device. If you opt to access or enter the Giveaway via your wireless mobile device, data rates may apply for each message sent or received from your device according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges as well as charges for wireless Internet access) and may appear on your device invoice.
PRIZES: Subject to the terms and conditions of these Official Rules, one prize will be awarded to one winner for each of the initial eight Weekly Giveaways the final and ninth week of the Weekly Giveaway includes a promotion, as described below, granted to all eligible Entrants. The prize and promotion, as applicable, for each Weekly Giveaway is as follows:
Approximate Retail Value (“ARV”) of Prize
Lifetime subscription to the Calm mobile application
Such subscription may contain an automatic renewal and it is the obligation of the prize winner to understand and take such actions needed to cancel the subscription, if desired. Prize winner will also be bound by the Calm application’s own terms and conditions.
1-year supply of Jurni Vitamins
The 1-year supply is calculated as 1 bottle per month of 3 different vitamins and will be awarded in one shipment. Any specific Jurni vitamin product awarded will be selected by the prize provider and/or Sponsor.
Custom Nekter-branded Super73 e-bike
1 Custom Nekter branded Super73 e-bike will be delivered to the winner.
Artist Collab Giveaway
Boscia Gift Card
Boscia gift cards are subject to the gift card issuer’s terms and conditions.
$500 GameStop Gift Card
GameStop gift cards are subject to the gift card issuer’s terms and conditions.
1-year supply of Nekter Juice Bar
Calculated as one moderate priced fresh pressed juice smoothie or bowl from Nekter Juice Bar locations per week and issued in the form of one $550 gift card. Nekter Juice Bar gift cards are subject to the gift card issuer’s terms and conditions.
$500 DoorDash Gift Card
DoorDash gift cards are subject to the gift card issuer’s terms and conditions.
All Nekter guests will receive a special cleanse discount!
With one anticipated winner from each Weekly Giveaway during the weeks one through eight, there are expected to be up to eight potential winners during the Giveaway Period.
The total ARV all eight prizes to be awarded to all eight potential winners totals $5,765.
No substitution or cash alternative will be provided for prizes unless at the sole discretion of the Sponsor. Sponsor will not replace a lost, mutilated or stolen prize. Sponsor reserves the right to substitute as prize with a prize of comparable or greater value if the prize should become unavailable for any reason. Prize is not transferable prior to award. Each prize consists only of the items specifically listed as part of the prize description above. Any portion of any prize not accepted or used by the winner will be forfeited. PRIZE WINNERS AGREE THAT A PRIZE IS BEING PROVIDED “AS IS”, AND THE RELEASED PARTIES (AS DEFINED IN THE “RELEASE” SECTION BELOW) MAKE NO WARRANTY, REPRESENTATION OR GUARANTEE REGARDING THE PRIZE, INCLUDING BUT NOT LIMITED TO ITS QUALITY, CONDITION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. No more than the number of prizes stated within these Official Rules will be awarded.
All federal, state and local taxes on the value of the prize, if applicable, are the responsibility of the winner. Each prize will be awarded if properly claimed. All expenses or costs associated with the acceptance or use of any prize or any component thereof that are not expressly specified in these Official Rules as being part of the prize are the responsibility of the winner.
SELECTION, NOTIFICATION, AND VERIFICATION OF WINNER:
For each Weekly Giveaway, eligible Entries received by Sponsor through the applicable Weekly Giveaway Site during the Weekly Giveaway Period will form one pool of Entries. One potential winner will be selected, at random, by Sponsor from each pool of Entries. The drawings will occur following the expiration of each Weekly Giveaway Period. Odds of winning will depend on the number of valid Entries received. Entries will not be acknowledged or returned.
The potential prize winners will be notified via the phone number or email address provided in the associated selected Entry. If a potential winner does not respond to prize notification communications on or before the 7th day following the initial notification attempt, he or she may be disqualified, and an alternate winner selected. Entries are subject to verification by Sponsor. Sponsor reserves the right to select or disqualify any entries as it deems appropriate, at its option. Sponsor’s decisions are final on all matters relating to this Giveaway.
The potential winner will be required to provide to Sponsor with such information Sponsor needs in order to verify potential winner’s eligibility and fulfill the applicable prize within the time stated in the notification. Potential winner may, at Sponsor’s discretion, also be required to complete and return to Sponsor a notarized Affidavit of Eligibility/Release of Liability and, if legally permissible a Publicity Release. If required, a tax form 1099 will be issued to winner. If a potential winner fails to respond to any notification attempt within the time period specified by Sponsor, or if any attempted notification or prize delivery is returned as undeliverable, or if a potential winner fails to complete and return any required affidavit or release within the specified time period, or unable to accept the prize as stated, or fails to answer the skill-test question correctly, the potential winner will be disqualified and an alternate winner selected by Sponsor at its option in his/her place from among the remaining eligible Entries received. In the event a potential winner is disqualified or not eligible, Sponsor may select up to one additional potential winner.
GRANT OF RIGHTS; PUBLICITY: By submitting an Entry, entrant hereby grants and assigns to Sponsor, its parent companies, affiliates, subsidiaries, agents, promotion partners (such as marketing agencies and influencers), and licensees (“Giveaway Entities”), an irrevocable, perpetual, worldwide right, and all title and interest in and to the Entry, whereby any of the Giveaway Entities may reproduce, publish, edit, market, store, adapt, assign, sell, dispose of, distribute, have distributed, publicly and privately display, communicate, publicly and privately perform, transmit, have transmitted, create derivative works based upon, and promote the Entry, or parts/excerpts of the Entry (as such may be edited and modified by Sponsor in its discretion) in perpetuity, for editorial, commercial, promotional, and all other purposes (including posting on Sponsor-affiliated websites, any social media site, and/or other Sponsor-selected media). Entrant hereby disclaims any rights, including any copyright or other intellectual property right, in or to the Entry following the assignment contemplated in this section. The Entry further constitutes entrant’s irrevocable permission for the Giveaway Entities to use the Entry (in its original or edited form), entrant’s name, account handle, likeness, voice and/or biographical information, in perpetuity, throughout the world, in all media and formats whether now or later known or developed, for commercial purposes (including, without limitation, advertising and Giveaway), without further compensation, notice, review or consent, unless prohibited by law. The rights granted under this paragraph shall extend to all Entries and all other submitted materials related to the Giveaway, including those submitted by non-winners and winners. ENTRANT WILL NOT BE PAID FOR THEIR ENTRY or for granting any of these rights. Entrant agrees to waive all claims to and shall receive no royalties of any kind now or in the future from Sponsor, its affiliates, or its licensees, successors and assigns for use of your Entry or otherwise, and you represent, warrant and agree that no other party is entitled to claim royalties from the use of the Entry and that Entrant’s Entry is not subject to any collective bargaining agreements.
BY SUBMITTING AN ENTRY, THE ENTRANT ACKNOWLEDGES THAT ENTRANT’S NAME, HANDLE, AND ANY CONTENT INCLUDED IN HIS/HER ENTRY MAY BE POSTED ACROSS ANY OR ALL OF THE GIVEAWAY ENTITIES’ DIGITAL AND SOCIAL ASSETS, AT THE SPONSOR’S OPTION.
RELEASE AND LIMITATION OF LIABILITY: Sponsor and their parent companies, affiliates, subsidiaries, agents, and licensees, and the officers, directors, owners, shareholders, employees, representatives, franchisees, and agents of all of the foregoing (collectively, the “Released Parties”) are not responsible, and will have no liability for, (a) late, lost, delayed, illegible, damaged, corrupted or incomplete entries, incorrect or inaccurate capture of, damage to, or loss of Entries or Entry information or any other human or technical errors of any kind relating to the operation of the Giveaway application or website, the communications or attempted communications with any entrant, the submission, collection, storage, or processing of entries, or the administration of the Giveaway, (b) any Force Majeure Event or any other event outside their control that may cause any alteration, postponement or cancellation of any part of the Giveaway or any prize; (c) undeliverable emails resulting from any form of active or passive email filtering by a user’s Internet service provider and/or email client or for insufficient space in user’s email account to receive email, or (d) any damage to any computer system or mobile device resulting from participation in or accessing or downloading information in connection with this Giveaway. RELEASED PARTIES SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR OTHER DAMAGE OR EXPENSE RESULTING FROM OR ARISING OUT OF ANY COMPONENT OF ANY PRIZE OR ANY OTHER ASPECT OF ANY USE OR MISUSE OF ANY PRIZE. By entering, each entrant fully releases, to the greatest extent permitted by law, covenants not to sue, and agrees to hold each of the Released Parties harmless from and against any and all losses, expenses, costs, demands, claims, liability, damages or causes of action (however named or described) arising out of or in any way related to the operation of the Giveaway, Entrant’s participation in the Giveaway, Entrant’s use of the Weekly Giveaway Sites, the acceptance, receipt or use (or misuse) of any prize or prize component and/or any use of the Entrant’s name, likeness, voice and/or biographical information as permitted hereunder, including without limitation all claims and liabilities based on any personal injury, property damages, loss, and/or death. Entrants assume all liability for any injury or damage caused, or claimed to be caused, by participation in this Giveaway, the use of the Giveaway application and website, or the acceptance, receipt or use or any prize or prize component (including, without limitation, participation in or travel to any Event or other prize-related activity). The Released Parties are not responsible for any typographical, printing, production or other error in the administration of the Giveaway or in the announcement of any prize or notification of any winner. In no event will more prizes than the number stated in these Official Rules be awarded. Each winner agrees to execute such additional release(s), waiver(s) of liability and/or agreement(s) as may be required by a provider of a prize component, within the time period specified by Sponsor or the provider.
GENERAL RULES: All Entries become the property of Sponsor and will not be verified or returned. By participating in this Giveaway, entrants agree to be bound by the Official Rules and the decisions of Sponsor, which are final and binding in all respects. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEB SITE ASSOCIATED WITH THIS GIVEAWAY OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS GIVEAWAY IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY PERSON OR PERSONS RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right, in its sole discretion, to disqualify or prohibit from participating in the Giveaway any individual who, in Sponsor’s sole discretion, Sponsor determines or believes (i) has tampered with the entry process, or has undermined the legitimate operation of Giveaway-related applications or websites, including the Weekly Giveaway Sites, or the Giveaway by cheating, hacking, deception or other unfair playing practices, or (ii) has engaged in conduct that annoys, abuses, threatens or harasses any other entrants or any representative of Sponsor or (iii) has attempted or intends to attempt any of the foregoing. The use of automated devices, programs or methods to submit entries is prohibited and Sponsor reserves the right, in its sole discretion, to disqualify any entry that it believes may have been submitted using such an automated device, program or method. Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend this Giveaway should a virus, bugs, entrant fraud or misconduct or other cause beyond the control of the Sponsor affect or corrupt the administration, integrity, security or proper operation of the Giveaway. In the event of termination of the Giveaway, a notice will be posted online and a random drawing to award the prizes will be conducted from among all eligible Entries received prior to the time of termination. In the event of a dispute regarding the identity of an entrant, the entry will be deemed made by the authorized account holder of the email address submitted at the time of entry (i.e., the natural person who is assigned to an email address by an Internet access provider, on-line service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address). Any entrant may be required to show proof of being the authorized account holder. If a dispute cannot be resolved to Sponsor’s satisfaction, the related entry may be deemed ineligible. In no event will more than the stated number of prizes in these Official Rules be awarded.
These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. 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 shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Giveaway materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern and control. Sponsor’s failure to enforce any provision of these Official Rules will not constitute a waiver of that or any other provision.
DISPUTE RESOLUTION; VENUE; JURISDICTION: All federal, state and local laws and regulations apply. By entering the Giveaway, each entrant agrees that (a) any and all disputes, claims, and causes of action arising out of or connected with the Giveaway, or any prizes awarded, shall be resolved individually, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Giveaway, but in no event attorneys’ fees; and (c) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND BY ENTERING EACH ENTRANT WAIVES ALL RIGHTS TO CLAIM PUNITIVE, SPECIAL, 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 arising from or relating to the Giveaway or these Official Rules, 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 or provisions that would cause the application of the laws of any jurisdiction other than the State of California. Any legal proceedings arising out of this Giveaway or relating to these Official Rules must be instituted solely and exclusively in the federal or state courts located in Orange County in the State of California, and the parties consent to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising from or relating to the Giveaway or these Official Rules.
WINNER’S NAME AND OFFICIAL RULES REQUESTS: For the name of the winners, available 30 days following the end of the Giveaway Period, or a copy of these Official Rules, send a mailed postcard request addressed to: Marketing Department, Season of Giving + Nine Weeks of Nekter Giveaway, 2488 Newport Blvd., Suite A, Costa Mesa, California 92627, and clearly state your specific request.