Orgain – Clean And Smoothie Start – Win one AssaultBike Pro

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Orgain Clean and Smoothie Start
SWEEPSTAKES OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT
INCREASE YOUR CHANCES OF WINNING. Internet access is required to enter.
DISPUTE RESOLUTION NOTICE: BY ENTERING, YOU AGREE THAT DISPUTES BETWEEN YOU AND ANY
PROMOTION ENTITY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE
YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. See
Disputes/Arbitration provision.
All Entries and participation in this Promotion shall be governed by these Official Rules available
at www.cleanandsmoothiestart.com.
ELIGIBILITY: The Orgain Clean and Smoothie Start Sweepstakes (“Promotion”) is offered in the
contiguous forty-eight (48) United States (including D.C., excluding AK and HI) to individuals
who are 18 or older at time of entry (eligible “Entrant(s)”). Employees, officers and directors of
Orgain, Inc., (“Sponsor”), BlendJet, Spartan Fitness (“Promotion Partners”), and their
respective subsidiary and affiliated companies, advertising and promotion agencies and any
other individuals/entities involved in the implementation and/or execution of the Promotion
(collectively “Promotion Entities”) and the immediate family members (spouses and parents,
partners, children and siblings and their spouses, including foster and step-relations regardless
of where they live) or members of the same households (whether related or not) of such
individuals are not eligible to enter or win. Void in AK, HI and where prohibited or restricted.
AGREEMENT BY ENTRANT: By entering, each entrant fully and unconditionally agrees to and
accepts these Official Rules, the Offer Terms and Conditions (both provided on the Website), the
information provided by Promotion Entities in connection with the Promotion, the Sponsor’s
Privacy Policy, and the decisions of the Sponsor which are final and binding with respect to all
matters pertaining to this Promotion. Without limitation, Sponsor reserves the absolute right to
modify these Official Rules, in whole or in part, at any time by posting revised Rules via the
Website and/or Social Media Platform used to facilitate the Promotion (as described below).
PROMOTION PERIOD: Begins on or about 12:00 am CT on January 11, 2021 and ends 11:59 pm
CT on March 12, 2021 (“Promotion Period”). The applicable time zone is Central Time.
ENTRANTS ARE SOLELY RESPONSIBLE FOR DETERMINING THE CORRESPONDING TIME ZONE IN
THEIR RESPECTIVE JURISDICTIONS; SPONSOR DISCLAIMS ALL LIABILITY AND RESPONSIBILITY
RELATING THERETO. The Promotion may be shortened or extended by Sponsor in its sole and
absolute discretion (by posting notice on the Sponsor’s Promotional Website and/or Instagram
page), or may be cancelled, modified or terminated based on the exigencies of the
circumstances.
ENTRY DETAILS: During the Promotion Period, eligible individuals who visit
www.cleanandsmoothiestart.com (the “Website”) and follow all instructions to sign up for the
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30 Day Resolution Plan will receive a free Orgain product sample and coupon and will be
automatically entered into this Promotion (Website “Entry”). Plan is entirely free and is
comprised of recipes, health tips and information; you may opt out of the Plan at any time
without affect to your Entry. Limit one (1) Entry per person.
BONUS ENTRY: Bonus Entry is available only to entrants who have already registered at the Site.
In your Instagram (“Social Media Platform”) account, your privacy settings must be set to
public and cannot be set to “off” or “private”. Entrant must (i) complete and submit all the
required information, (ii) follow all steps below, (iii) use the same Instagram account and
handle/username in connection with their Entry, and (iv) comply with all applicable Social
Media Platform guidelines and rules. Failure to strictly comply with these specific requirements
will result in immediate disqualification and such Entry will not be considered.
To receive Bonus Entry, during the Promotion Period, via your Instagram account post one (1)
original photograph taken of your favorite smoothie, provide a short comment providing
context for your smoothie photo and use @drinkOrgain and #CleanSmoothieStartEntry with
your submission (“Bonus Entry”). No product or other purchase necessary for Entry or Bonus
Entry. Limit one (1) Bonus Entry per person. Failure to follow all steps will void Entry or Bonus
Entry as applicable.
CONDITIONS OF ENTRY: All information provided must be accurate and complete to receive an
entry. Entries must be complete, compliant, submitted only via the methods communicated,
and received by Sponsor within the Promotion Period. Once submitted, Entries cannot be
modified, deleted or cancelled. Entries become the property of Sponsor and will not be
returned. Any Entry that appears to depict a minor (under 18 years of age), appears to be
noncompliant or inappropriate will not be eligible and will be disqualified. Promotion may be
advertised via more than one Social Media Platform; however, Bonus Entries will only be
accepted on the Social Media Platform specified herein. Entries may only be submitted by a
single registered account user; group or commercial submissions are not permissible. Multiple
Entrants are not permitted to share the same device, Social Media account, IP or email address.
By entering, you agree to be contacted by Sponsor and Promotion Partner (and their authorized
representatives) with communications and reminders relating to the Promotion. Promotion
Entities have the right to verify Entries and/or Entrants’ eligibility and compliance with these
Official Rules, and on the basis of the investigation, to disqualify any Entry/Entrant at any time
during or after the Promotion Period. Without limitation, Promotion Entities reserve the
unfettered right NOT to award any prize, in whole or in part, if doing so may result in public
disrepute, scandal, or may have a detrimental impact on Sponsor, Promotion Partner, this
Promotion, or any of Sponsor’s and/or Promotion Partner’s brands, products or services (as
determined by Promotion Entities in their absolute discretion). Without limiting the foregoing,
Promotion Entities shall have the right at any time, where necessary, to undertake all action
including, but not limited to, voiding/cancelling the Promotion, subject a winner to
disqualification, prize forfeiture and/or immediate prize return (from a previously confirmed
winner, if applicable) and/or require further information as is reasonable to protect any one of
the Promotion Entities against fraudulent or invalid claims, potential public scandal, ridicule, or
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disrepute in awarding the prize to any Entry, Entrant or winner. Incomplete, invalid, illegal,
unsuitable, or otherwise non-compliant Entries (as determined in Promotion Entities absolute
discretion) will not be eligible. If, upon review, Sponsor (and its authorized representative) is
unable to determine that an Entrant/Entry is compliant, or reasonably suspects that he/she/it is
not compliant in whole or in part, the Entry as a whole (and Entrant) will be disqualified. Proof
that you uploaded a Bonus Entry does not constitute proof or evidence that it was received
within the Promotion Period or eligible for the Promotion. Entries submitted via any other Entry
method, platform, portal, app than stated will not be accepted.
Entrants may not enter through an on-line sweepstakes/Promotion club (paid or unpaid, or
similar method), bots, robotic, repetitive, automatic, programmed or similar Entry methods or
agents, with multiple or false identities, accounts, devices, e-mail and/or street addresses, nor
shall Entrants use any other device or artifice to enter or participate. Any Entrant who is
suspected of cheating, using fraudulent means, unauthorized Entry methods, attempting to
participate multiple times with multiple e-mail, accounts, and/or addresses under multiple or
false identities, or engaging in or benefitting, directly or indirectly, from such artifice or artifice
of any other kind, as determined in Sponsor’s sole and absolute discretion, will void all such
Entries, and disqualify any Entrant suspected of using/benefitting from such methods. In the
event of a dispute as to the identity of an online Entrant, the authorized account holder of the
email address and/or handle used in connection with the Entry will be deemed to be the
Entrant. Potential winners may be required to show proof of being the authorized account
holder, or otherwise eligible. The “authorized account holder” is the natural person assigned to
an email address by an Internet service provider, online service provider, or other organization
responsible for assigning email addresses for the domain associated with the submitted email
address.
Sponsor and other Promotion Entities assume no responsibility for: lost, late, delayed,
incomplete, inaccurate, stolen, misdirected (including into spam/junk folders), ineligible or
illegible Entries or other Promotion related communications (in whole or in part); Website or
Social Media Platform, computer/server, telephone, network, electronic, digital, wireless or
Internet, hardware or software malfunctions, failures, connection problems, or unavailability;
garbled, corrupt, or jumbled transmissions; browser incompatibility; service provider, Internet,
Website, user, net inaccessibility or unavailability; congestion; technical errors; unauthorized
human intervention; human errors; or the delayed, incorrect or inaccurate capture of Entry or
other information, or failure to capture any such information. Entrants and the Entry and all
elements thereof must comply with the requirements and all other terms in these Official Rules
or will be disqualified.
SUBMISSION GUIDELINES: In order for your Bonus Entry to be eligible, it MUST NOT do any of the
following:
i. Promote alcohol, illegal drugs, tobacco, firearms/weapons, gambling (or the use of any
of the foregoing) or any illegal activity;
ii. Promote content, or use of equipment or activities that is/are illegal, dangerous,
harmful, or unsafe, or contain, depict, condone, encourage or promote content that is
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(or is construed by Sponsor as being) obscene, reprehensible, repugnant, offensive,
sexually inappropriate, overtly political or religious, discriminatory, defamatory (to
persons, products or companies), racist, misogynistic, highly sensitive, violent, explicit,
cruel, hateful, potentially harmful or destructive to the environment, habitat or animals,
or otherwise unsuitable, as determined solely by Sponsor (in its sole and absolute
discretion);
iii. With the exception of those appearing incidentally (i.e. in the background), must not
contain trademarks, logos or trade dress owned by others, or advertise or promote any
brand or product of any kind including, but not limited to Sponsor’s and/or Promotion
Partner’s competitors, equipment, clothing or food/drinks with visible brand names or
logos without permission, or contain any personal identification, such as license plate
numbers, personal names, e-mail addresses or street addresses;
iv. Contain copyrighted materials owned by others (including photographs, sculptures,
paintings and other works of art or images published on or in websites, television,
mobile, music, or other media) without permission;
v. Contain materials embodying the names, likenesses, photographs, or other indicia
identifying any person, living or dead, without permission;
vi. Contain materials or other indicia identifying any minor under 18 years of age, or depict
any individual(s) unless Entrant has obtained express consent from such individual(s) to
the submission;
vii. Communicate messages or images inconsistent with the positive images and/or goodwill
to which the Promotion Entities wish to associate; and
viii. Depict or itself be in violation of any law, or any rights of any other third party, or in
contravention of these Rules, and/or the Social Media Platform Terms of Use or
Community Guidelines.
REPRESENTATIONS ABOUT YOUR ENTRY: By submitting an Entry, Entrants represent, warrant and
covenant (and agree to release and indemnify Promotion Entities from same) that: their Bonus
Entry submitted and all content therein: (i) is the original creation of the Entrant for this
Promotion and has not been copied in whole or in part from any other work, has not been
submitted for any other Promotion or similar promotion, and is the sole and exclusive property
of the Entrant (or Entrant has all ownership or licensed rights thereto and all content appearing
therein); (ii) does not contain, depict, condone, encourage or promote the use of any content
or activities prohibited by these Rules; (iii) does not violate or infringe any employer policies, or
any laws including but not limited to copyright or trademark laws, or other proprietary,
publicity, privacy or any other rights of any person, entity, or venue; (iv) does not refer to or
contain in any respect information about an individual under the age of 18 or any individual
who has not provided express consent for its submission; and (v) owners of any depicted
venues (such as property owners if other than Entrant, etc.) or any individuals appearing,
mentioned, featured in, or who have worked on the Entry, in whole or in part, in any manner
have given Entrant their express written consent to submission to this Promotion and the use
contemplated. If requested by Promotion Entities, Entrant shall provide evidence of the above
in writing. Nothing herein shall be deemed an obligation of confidentiality.
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YOUR USE OF SOCIAL MEDIA: While you may tag, forward or share with family, friends and direct
known contacts, please do not engage in phishing or spamming. Apparent or suspected
phishing or spamming, sending of junk communications or the use of any unauthorized method
or automated system to participate, or to acquire (unauthentic) Entries, Likes or Follows, etc. is
prohibited, as is posting content to irrelevant or inappropriate sites to obtain entry, and, if
discovered at any time will void the applicable Entry and Entrant suspected of using/benefitting
from such methods in Sponsor’s sole and absolute discretion. If you don’t have an Instagram
account, you can become a member without charge by simply following the Social Media
Platform instructions and accepting the terms and conditions of use. Entrants’ use of the
respective Social Media Platform used to facilitate entry must comply with and be in
accordance with its respective Terms of Use, Terms of Service, Guidelines and Policies. This
Promotion is in no way sponsored, endorsed or administered by Instagram, or any other Social
Media Platform used to facilitate or advertise this Promotion.
By entering, Entrants understand and agree that submitted eligible Bonus Entries may be
subject to public viewing, streaming (i.e. “digital transmission”), downloading (i.e. “digital
distribution”), and public comments, including but not limited to being forwarded, re-grammed,
re-tweeted, and otherwise re-posted, for commercial and non-commercial purposes,
throughout Promotion Entities’ and (unrelated) third parties’ digital and off-line social media,
marketing and advertising properties. A delay may occur between uploading a Bonus Entry and
availability into the public gallery, if any. If an Entry in whole or in part, for any reason
whatsoever, garners comments that are unpleasant, distasteful, nasty or otherwise
inappropriate for the Sponsor or Promotion Partner community, or if Sponsor or Promotion
Partner considers for any reason an Entry, or any element thereof, not to be in the spirit of the
Promotion, or will have a detrimental impact on Sponsor, Promotion Partner, this Promotion,
any of Sponsor’s and/or Promotion Partner’s brands, products or services, or the Entry does not
appear compliant with the respective Social Media Platform guidelines, then Promotion Entities
reserve the right to disqualify such Entry/Entrant and remove any/all such Entry/Entries
immediately from the Sponsor’s page and/or gallery (if applicable) and this Promotion.
YOUR USE OF A MOBILE DEVICE: If an Entrant is participating in the Promotion via a mobile
device, message and data rates may apply. Entrant should consult his/her wireless service
provider regarding its pricing plans. Participation may not be available on all mobile devices, as
not all mobile devices or cellular telephone providers have the capabilities or carry the service
necessary to participate in the stated methods of Entry. Consent is not a condition of purchase.
LICENSE: At the time an Entry is submitted, and whether or not selected as a winner, Entrants
and winners each grant to Sponsor and Promotion Partner a non-exclusive, fully paid and
royalty-free, transferable, sub-licensable, worldwide license to use the Entry, in whole and in
part, and all the intellectual and property rights therein including the right to make derivative
works, through-out the world, and further agree to execute all documents and perform all
acts deemed necessary to protect Sponsor’s and Promotion Partner’s license in the
intellectual property. Entrants and winners understand and agree by granting this license their
Entry may be modified, edited, distorted, used in whole or in part, alone or in combination with
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other works, used in illusory or composite form, or in any other manner, as solely determined
by Sponsor and/or Promotion Partner in any media and medium whatsoever now known or
hereinafter developed (including without limitation print, broadcast, radio, internet, and posted
throughout Sponsor’s, Promotion Partner’s and (unrelated) third parties’ digital, on-line, and
off-line social media, marketing and advertising properties, printed materials, outdoor boards,
signage and/or any other media/medium through-out the world) without further
compensation or review. Entrants will not now nor in the future be paid for their Entry or for
granting any of these rights.
RANDOM DRAWING/ODDS/PRIZE NOTIFICATION: Every 100th
eligible individual (based on
time of submission of a Sample offer request via the Website (Entry), as determined by Sponsor
in its sole discretion) will be eligible to receive a First Prize (up to 300 available First Prizes) and,
it is anticipated but not guaranteed that prize will be shipped with Sample. All First Prizes will
be awarded subject to receiving sufficient eligible on-line Entries. At the end of the Promotion
Period one (1) separate random drawings will be conducted on or within approx. two weeks.
One (1) potential Grand Prize winner will be randomly selected after the end of the Promotion
Period by Sponsor’s authorized representative from all eligible Entries (received on the
Website) and all eligible Bonus Entries (received via Instagram). Odds of winning a First Prize
depend on time of entry and participation of eligible Sample requests. Odds of winning a Grand
Prize depend on the number of eligible Entries and Bonus Entries received during the entire
Promotion Period. Potential winners will be notified via email address, telephone and/or DM
via Social Media (in Sponsor’s discretion) approximately fifteen (15) working days from the
drawing. Potential winners must respond within the time and in the manner specified in the
notification, or they will forfeit the prize and an alternate potential winner may be randomly
selected in Sponsor’s sole discretion. First Prizes will be shipped within the contiguous U.S. only.
If a potential winner is unable for any reason to accept prize, refuses the prize, fails to provide
or satisfy required documentation or follow instructions within the time specified by Sponsor,
or is otherwise non-compliant, or found to be ineligible, they will forfeit the prize and an
alternate potential winner may be randomly selected in Sponsor’s sole discretion. One
additional attempt to notify an alternate potential winner will be made; thereafter, the prize
will be forfeited. Promotion Entities shall have no liability for any prize or prize notification that
is returned, intercepted, not received, not delivered, misdirected (i.e. into spam/junk folders),
not timely acted upon, or otherwise not responded to by a potential winner for any reason
whatsoever, and prize will be forfeited. Returned prizes will not be re-awarded. There will not
be a second chance drawing.
PRIZE CLAIM REQUIREMENTS: Potential Grand Prize winner may be required to sign, have
witnessed and return a Declaration of Eligibility, Liability and Publicity Release within the time
specified by Sponsor, or else prize will be forfeited. Sponsor reserves the absolute right to
require additional documentation with respect to prize award as necessary in its sole discretion.
Prize notification does not confer winner status; prize award is subject to verification of
eligibility and compliance with the above requirements, and all other terms in these Rules.
Promotion Entities are not responsible for any undelivered calls, messages, e-mails, or any
other communications, including but not limited to those that are not received because of any
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privacy, junk or spam filter settings that may divert any notification or other Promotion related
e-mail to a spam or junk folder.
PRIZES/APPROXIMATE RETAIL VALUE (“ARV”): Prize awards are subject to verification of eligibility
and compliance with these Official Rules.
Grand Prize (1): one (1) AssaultBike® Pro. (ARV: $899); $1,500 (awarded as e-card or credit) at
@Shop.Spartan.com for winner to build a home gym; one (1) year supply of Orgain (ARV: $500,
awarded as a gift card); and two (2) Blendjet 2 Blenders (ARV: $49.99 each, $99.98). Total ARV
of Grand Prize: $2,998.98.
First Prizes (up to a maximum of 300): one (1) BlendJet 2 portable blender (ARV: $49.99 each).
Total ARV of First Prizes: up to $14,997.
Total ARV of all Prizes: $17,995.98. Limit one (1) First prize per person. Limit one (1) Grand
Prize per person. It is anticipated but not guaranteed that prizes will be shipped (within contig.
U.S. only) to winner’s home on or within approx. forty-five (45) days from verification of winner
unless otherwise stated. Prize(s) will be awarded/fulfilled to an individual and not to a company
or employer. Prizes are non-assignable, non-transferable and no prize substitution or exchange
in whole or in part will be allowed, except by Promotion Entities who reserve the right to
substitute a prize or any part thereof with a prize or part thereof of equal or greater value.
Prizes are not redeemable for cash; any difference between the actual value and ARV of the
prize will not be awarded as cash, or otherwise. E-card, gift card, coupon used as prizes, if any,
are for promotional purposes only, and will not be returned or refunded in whole or in part,
and will not be replaced by Sponsor if lost, stolen, misplaced, damaged, destroyed or illegible.
Winners are solely responsible for use/misuse of prize and all costs and expenses not expressly
set forth as being included herein. Prize(s) will be awarded provided sufficient eligible Entries
are received. Prize must be accepted in its entirety or will be forfeited. Only the description and
number of prize(s) stated in these Official Rules is available to be won in the Promotion. In no
event will Promotion Entities be responsible to award more than the stated number of prizes
herein. If because of technical, typographical, mechanical or other errors or for any other
reason, there are more claims for a prize than prizes offered as stated in these Official Rules, a
random drawing will be held among all eligible non-suspect claimants in such category to award
such prize. Winners agree that prize is personal to them, and may not be assigned, exchanged,
transferred, donated or otherwise conveyed.
PRIZES AND ANY AND ALL ELEMENTS THEREOF ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME
JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES
OR EXCLUSION OF IMPLIED WARRANTIES.
TAXES: All applicable local, state, and federal taxes, and reporting obligations (if any) and all
expenses not specifically stated herein are solely the responsibility of a U.S. prize winner.
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PUBLICITY RIGHTS: By participating in the Promotion and/or accepting a Prize, Entrants and
confirmed winner(s) as applicable grant (and agree to confirm that grant in writing) a perpetual,
worldwide, royalty-free, and non-exclusive license to use, mention, commercially exploit,
produce, reproduce, distribute, transmit, publish, publicly perform, publicly display, broadcast,
exhibit and create a derivative work from (“use”) any Entry (and/or Bonus Entry) in whole or in
part that Entrant submits to this Promotion (and all content therein) in whole and in part, and
the right to use their name, biographical information, likeness, image, voice, and statements
(any of which may be in altered, combined, composite or condensed format) in any and all
media now known or hereinafter developed (including but not limited to the Promotion
Entities’ and (unrelated) third parties’ websites, digital and off-line social media, marketing and
advertising properties) in support of the marketing, business, commercial and any other
purposes of the Sponsor without notice, review or approval and without additional
compensation except where prohibited by law.
PRIVACY: Please refer to Sponsor’s Privacy Policy at https://orgain.com/pages/privacy-policy
and the Promotion Partners’ Privacy Policies at https://blendjet.com/privacy-policy and
https://race.spartan.com/en/about/our-story/privacy-overview?article=30672 for information
about how your information is collected, used and disclosed by the respective party. By
entering this Promotion, each Entrant expressly consents to the Sponsor, Promotion Partner
and their affiliates, Promotion Entities and their authorized representatives collecting, storing,
sharing and using the personal information submitted with Entry for the purpose of
administering the Promotion, prize award and fulfillment, and in accordance with these Official
Rules and the aforementioned Privacy Policy.
GENERAL TERMS: If, for any reason, the Promotion, or any element thereof is not capable of
running as planned or by reason of causes which Sponsor deems, in its sole opinion, could
corrupt or affect the administration, security, fairness, integrity or proper conduct of the
Promotion or any part thereof, Promotion Entities reserve the right in their discretion to cancel,
terminate, modify or suspend the Promotion, or any element thereof and select the winner(s)
(for the applicable prize) from eligible Entries received prior to the action or as otherwise may
be deemed fair in their absolute discretion. Persons suspected of tampering with or abusing
any aspect of this Promotion or any website or Platform, as solely determined by the Sponsor,
will be disqualified. ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE OR UNDERMINE THE
LEGITIMATE OPERATION OF THE PROMOTION IS IN VIOLATION OF CRIMINAL AND CIVIL LAWS, AND
SHOULD SUCH AN ATTEMPT BE MADE, PROMOTION ENTITIES RESERVE THE RIGHT TO SEEK REMEDIES
AND DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING
CRIMINAL PROSECUTION. Promotion Entities are not responsible for injury or damage to
Entrants’ or to any other person’s computer or mobile device related to or resulting from
participating in the Promotion or downloading materials from or use of any Website or Social
Media Platform.
FORCE MAJEURE: Promotion Entities shall not be liable to any winner(s) or any other person or
entity for failure to execute the Promotion or any part thereof, or supply a prize in whole or in
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part, by reason of any act 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), regulation(s),
order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war,
fire, flood, explosion, unusually severe weather, embargo, labor dispute or strike (whether legal
or illegal), labor or material shortage, transportation interruption of any kind, work slow-down,
civil disturbance, insurrection, riot, cancellation or interruption, epidemic or pandemic, or any
similar or dissimilar event beyond their reasonable control.
INDEMNIFICATION AND RELEASE: TO THE MAXIMUM EXTENT PERMITTED BY LAW, ENTRANTS AND
WINNER(S) AGREE TO WAIVE, RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS (“RELEASE”)
SPONSOR, PROMOTION PARTNER, AND ALL OTHER PROMOTION ENTITIES, THEIR PARENTS,
AFFILIATES, SUBSIDIARIES AND DIVISIONS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES
AND AGENTS, AND THE APPLICABLE SOCIAL MEDIA PLATFORM (“RELEASED PARTIES”) FROM AND
AGAINST ANY AND ALL THREATENED OR ACTUAL ACTIONS, LIABILITIES, CLAIMS, DEMANDS, LOSSES,
LAWSUITS, JUDGMENTS, SETTLEMENTS, FINES, DAMAGES, COSTS AND EXPENSES (INCLUDING
REASONABLE ATTORNEY FEES) WHETHER OR NOT LITIGATION IS COMMENCED (“DISPUTES”) ARISING
AT ANY TIME FROM THE PROMOTION AND ANY ELEMENT THEREOF; THE ENTRY (IN WHOLE OR IN
PART); PARTICIPATION IN ANY PROMOTION AND/OR PRIZE-RELATED ACTIVITY, OR INABILITY TO
RECEIVE OR PARTICIPATE IN THE PROMOTION, OR ANY PART THEREOF; THE DELIVERY, ACCEPTANCE,
USE, MIS-USE OF A PRIZE OR ANY ELEMENT THEREOF, OR ANY FAILURE WITH RESPECT THERETO BY
ANY PERSON OR ENTITY; PERSONAL INJURIES INCLUDING DEATH OR DISABILITY, DAMAGE TO OR
DESTRUCTION OF PROPERTY, VIOLATION OF ANY RIGHTS OF PUBLICITY OR PRIVACY, DEFAMATION OR
PORTRAYAL IN A FALSE LIGHT (WHETHER INTENTIONAL OR UNINTENTIONAL) WHETHER UNDER A
THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHER THEORY ARISING
FROM OR RELATING DIRECTLY OR INDIRECTLY TO THE PROMOTION OR A PRIZE AND ANY ELEMENT
THEREOF; ANY ACT, DEFAULT, OMISSION, NON-COMPLIANCE, AND/OR A VIOLATION OR BREACH OF
ANY LAW OR AGREEMENT, REPRESENTATION, WARRANTY OR COVENANT MADE HEREIN, OR ANY
OTHER AGREEMENTS BY/WITH ENTRANT, THE SPONSOR AND/OR ANY OTHER PROMOTION ENTITY
OR RELEASED PARTY, OR ANY OTHER THIRD-PERSON OR ENTITY WHO MAY NOT BE A PARTY TO THESE
RULES. To the maximum extent permitted by law, Entrants and winners covenant not to sue any
Released Party or cause them to be sued regarding any matter released above; and further
covenant not to disaffirm, limit or rescind this release. A waiver by one or more of the
Promotion Entities of any term in these Official Rules does not constitute a waiver of any other
provision. Any invalid, illegal or unenforceable provision shall be deemed severed from these
Official Rules only to the extent of its invalidity, illegality or unenforceability, and these Official
Rules shall be construed and enforced as if they did not contain the stricken provision.
In no event will a Promotion Entity be responsible or liable for any damages or losses of any
kind, including INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES arising out of
participation (or inability to participate) in the Promotion or any Promotion or prize-related
activities, or any element thereof.
DISPUTES/ARBITRATION: THIS PROMOTION AND ALL ISSUES AND QUESTIONS CONCERNING THE
CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES, OR THE
RIGHTS AND OBLIGATIONS OF ENTRANT OR SPONSOR IN CONNECTION WITH THE PROMOTION SHALL
BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE UNITED STATES AND
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THE STATE OF CALIFORNIA WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of
participating in this Promotion and/or receiving a prize, to the fullest extent permitted by law,
Entrants, and winners agree that any and all disputes that cannot be resolved between the
parties and causes of action arising out of or connected with this Promotion shall be resolved
individually, without resort to any form of class action or a jury trial, exclusively before a
neutral, binding one person arbitration panel located in Irvine, CA having jurisdiction. Under no
circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all
rights to claim punitive, incidental, consequential, and any other damages (other than for actual
out-of-pocket expenses) and any and all rights to have damages multiplied or otherwise
increased.
For prize winner(s) over $25, mail a Winner List Request & SASE to Orgain Clean and Smoothie
Start Winners List Request, 3020 Carbon Pl # 300, Boulder, CO 80301, for receipt on or within
ten working days from the end date of the Promotion Period. Limit one (1) request per
person/household address.
SPONSOR: Orgain, Inc. 6631 Millikan Ave, Irvine, CA 92606.