Smoothie King – Swap A Meal – Win a trip for two winner and one guest to New Orleans LA
THE SWAP A MEAL SWEEPSTAKES OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
SWEEPSTAKES ENTRY PERIOD:
The Swap a Meal Sweepstakes (the “Sweepstakes”) begins at 12:00:01 AM Eastern Time (“ET”) on Tuesday, January 1, 2019 and ends at 11:59:59 PM ET on Thursday, February 28, 2019 (the “Sweepstakes Period”). Within the Sweepstakes Period, there are nine (9) Weekly Entry Periods (each, a “Weekly Entry Period”) and nine (9) corresponding Weekly Random Drawings (each, a “Drawing”) as defined in the “Weekly Entry Periods & Drawings Schedule” below. Entries must be received during a Weekly Entry Period be eligible for that Weekly Entry Period’s drawing and prize. All entries received during week 1 – week 8 and week 9 will be eligible for the Grand Prize drawing. Non-winning entries for a Weekly Entry Period will be rolled over to subsequent Weekly Entry Periods. Sponsor’s computer is the official timekeeping device for this Sweepstakes.
WEEKLY ENTRY PERIOD & DRAWINGS SCHEDULE
Entry Period #
WEEKLY ENTRY PERIODS
All eligible entries must be received between:
On or about:
# of Prizes per Weekly Entry Period
Weekly Entry Period Start:
12:00:00 AM ET on:
Weekly Entry Period End:
11:59:59 PM ET on:
The Sweepstakes is open to legal residents of the 50 United States and the District of Columbia, age 21 or older at the time of entry. Void in Puerto Rico, Guam, the U.S. Virgin Islands, outside the U.S., and wherever else prohibited by law. Employees, shareholders, officers, directors and agents of Smoothie King Franchises, Inc. (the “Sponsor”), US Sweepstakes & Fulfillment Company (the “Sweepstakes Administrator”) and their respective subsidiaries, affiliates, advertising and promotion agencies, and the immediate family members (spouses, parents, children, and siblings and their spouses) of, and/or those living in the same household of each, are not eligible to enter. Sweepstakes is subject to all applicable federal, state and local laws and regulations.
ENTRY: There are two (2) methods of entry.
IMPORTANT: MESSAGE AND DATA RATES MAY APPLY TO USE OF MOBILE PHONE/DEVICE TO PARTICIPATE IN SWEEPSTAKES. APP IS FREE TO DOWNLOAD AND AVAILABLE FOR iPHONE FROM THE APPLE APPLICATION STORE AND FOR ANDROID FROM THE GOOGLE PLAY STORE.
Method #2: Alternate Method of Entry, Online Entry.
Limit: One (1) Entry per person per day regardless of whether entrant has more than one email address.
One (1) Grand Prize is available to be won. Grand Prize is a trip for two (2), winner and one (1) guest, to New Orleans, LA. Grand Prize trip includes:
Round-trip, coach-class airfare for two (2) to New Orleans, LA from a major airport within the 48 contiguous US;
Four (4) days / three (3) nights hotel accommodations in a single room, double occupancy at a hotel of Sponsor’s choice
Round trip ground transfers to/from airport and hotel; and
One (1) one-hour workout with a professional sports team trainer.
The ARV of Grand Prize: $3,500.00
Week 1 Prize:
There are four (4) Week 1 Prizes available to be won. Week 1 Prize is one (1) pair of Ryka shoes. Winners will each be provided with a code to redeem at https://www.ryka.com/.
The ARV of Week 1 Prize is: $70.00 each. The total ARV of all Week 1 Prizes is: $280.00.
Week 2 Prize:
One (1) Week 2 Prize is available to be won. Week 2 Prize is a trip for two (2), winner and one (1) guest, to Charlotte, NC to attend the NBA All Star game. Grand Prize trip includes:
Round-trip, coach-class airfare for two (2) to Charlotte from a major airport within the 48 contiguous US;
Three (3) days / two (2) nights hotel accommodations in a single room, double occupancy at a hotel of Sponsor’s choice; and
Two (2) tickets to basketball game on 2/17/19.
The ARV of Week 2 Prize: $3,500.00
Week 3 Prize:
One (1) Week 3 Prize is available to be won. Week 3 Prize is one (1) Otter Box cooler. Color to be determined by Sponsor.
The ARV of Week 3 Prize is: $300.00.
Week 4 Prize:
One (1) Week 4 Prize is available to be won. Week 4 Prize is Smoothie King for one (1) year that will be awarded as fifty-two (52) cards redeemable for one (1) 20oz smoothie per week. Some restrictions apply.
The ARV of Week 4 Prize is: $315.00.
Week 5 Prize:
There are four (4) Week 5 Prizes available to be won. Week 5 Prize is one (1) pair of Ryka shoes. Winners will each be provided with a code to redeem at https://www.ryka.com/.
The ARV of Week 5 Prize is: $70.00 each. The total ARV of all Week 5 Prizes is: $280.00.
Week 6 Prize:
One (1) Week 6 Prize is available to be won. Week 6 Prize is Smoothie King merchandise. Items to be determined by Sponsor.
The ARV of Week 6 Prize is: $100.00.
Week 7 Prize:
One (1) Week 7 Prize is available to be won. Week 7 Prize is one (1) Otter Box cooler. Color to be determined by Sponsor.
The ARV of Week 7 Prize is: $300.00.
Week 8 Prize:
One (1) Week 8 Prize is available to be won. Week 8 Prize is Smoothie King for one (1) year that will be awarded as fifty-two (52) cards redeemable for one (1) 20oz smoothie per week. Some restrictions apply.
The ARV of Week 8 Prize is: $315.00.
The total ARV of all prizes available to be won: $8,890.00.
Odds of winning will depend upon the total number of eligible entries received for each drawing.
The winner will be selected in a series of random drawings on or about the dates listed in the Weekly Entry Period & Drawing Schedule chat found on page 1, from among all eligible entries received during that Entry Period by Sweepstakes Administrator, whose decisions are final. All submissions will be eligible for the Grand Prize drawing.
Potential Grand Prize will be notified via email and/or phone, and will be required to sign and return, within three (3) days of initial notification, an Affidavit of Eligibility, a Liability Waiver, a W-9 Form and where allowable, a Publicity Release (collectively, “the Releases”). Releases may/will require the winner to furnish his/her Social Security Number for the sole purpose of tax reporting, as required by law. Travel companion of the Grand Prize winner and Week 2 Prize winner will also be required to sign a Travel Companion Liability/Publicity Release.
Noncompliance will result in disqualification and an alternate winner may be selected. Grand Prize trip and Week 2 Prize trip must be taken on dates specified by Sponsor or prize will be forfeited in its entirety.
Prizes will be awarded within approximately forty-five (45) days after the winner is verified.
If winner notification is returned as undeliverable or if the selected winner cannot accept or receive the prize for any reason, or he/she is not in compliance with these Official Rules, the prize will be forfeited and an alternate winner may be selected in a separate random drawing.
PRIZE CONDITIONS: All travel related expenses including but not limited to ground transportation to and from home, taxes, gratuities, incidentals, upgrades, insurance, service charges, airport surcharges, luggage fees, departure taxes, hotel/resort or property fees, food & beverage and personal expenses such as telephone/Internet charges, and gift shop purchases are the sole responsibility of prize winner. Prize must be used on dates specified or prize will be forfeited. Dates are subject to change.
Travel is subject to availability and trip is only available on dates specified by Sponsor for the Week 2 Prize and from 3/10/19-4/30/19 for the Grand Prize.
All hotel reservations are based on availability and all holidays are excluded. Accommodations are subject to availability at time of reservation. Blackout dates, advance booking requirements and travel restrictions may apply. Availability is subject to factors such as weather, seasonality and space availability. Reservations are subject to availability. If weather affects the ability for winner and his/her guest to redeem any portion of prize during the scheduled date and time, then the Sponsor shall have no further obligation to the winner and/or guest other than to supply the remaining elements of the prize package minus the unused portion of prize. If Grand Prize is forfeited prior to Sponsor finalizing and paying for travel, and there is sufficient time to notify an alternate winner, the prize may be awarded to an alternate winner in a separate random drawing from among all non-winning eligible entries. Grand Prize winner and guest are responsible for obtaining the proper travel documentation (e.g., valid photo ID) prior to travel. Grand Prize winner’s guest must be legal U.S. resident, 21 years or older, and must complete and return a Travel Companion Liability Release prior to travel as noted above.
In the event the prize winner or his/her guest engages in behavior that, as determined by the Sponsor and in its sole discretion, is obnoxious or threatening, illegal, or that is intended to annoy, abuse, threaten or harass any other person, the Sponsor reserves the right to terminate the trip prize in whole or in part, with no further compensation.
If a prize notification or prize is returned as undeliverable, or if winner is found to be ineligible or not in compliance with these Official Rules that winner will be disqualified, and the prize may be awarded to an alternate winner in a separate random drawing.
Prizes are not redeemable for cash. Prize is non-assignable or transferable. No substitution is permitted except if prize is unavailable, in which case a prize of equal or greater value will be awarded. No exchange or substitution of prizes, except at the sole discretion of the Sponsor. Any other incidental expenses on prize not specified herein are the winner’s sole responsibility.
PrizesGame tickets are not redeemable for cash and will not be replaced if lost or stolen. Tickets are subject to the issuing company complete terms and conditions. Terms and conditions of the game tickets will apply at all times during use. In the event that the games do not take place as scheduled, for reasons such as cancellation, preemption or postponement, or for any reason beyond the control of the Sponsor, Sponsor’s sole responsibility will be to award the remaining portion of the prize and no additional substitution or compensation will be provided.
Winners are responsible for all federal, state, local and income taxes associated with winning prize. Except where prohibited by law, entry and acceptance of prize constitute permission to use winner’s name, prize won, hometown, likeness, video tape, photographs, and statements for purposes of advertising, promotion and publicity (including online posting) in any and all media now or hereafter known throughout the world in perpetuity, without additional compensation, notification or permission.
PrizesGamePrize is awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. Winners acknowledge that Sponsor and all other businesses affiliated with this Sweepstakes and their agents do not make, nor are in any manner responsible for any warranty, representations, expressed or implied, in fact or in law, relative to the quality, conditions, fitness or merchantability of any aspect of the prize being offered, except that each merchandise prize shall be subject to its manufacturer’s standard warranty (if any).
Participating entrants agree to these Official Rules and the decisions of Sweepstakes Administrator and the Sponsor, and release the Sponsor, and their affiliated companies, and all other businesses involved in this Sweepstakes, as well as the employees, officers, directors and agents of each (collectively, “Released Parties”), from all claims and liability relating to their participation in the promotion, and the acceptance and use/misuse of the prize offered. Winner assumes all liability for any injury or damage caused or claimed to be caused, by participation in this Sweepstakes or use/misuse or redemption of the prize. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Sweepstakes or in the announcement of the prize.
If for any reason this Sweepstakes is not capable of running as planned due to an infection by a computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or 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, at which time, Sponsor will conduct a random drawing from among all eligible entries received at the time of the Sweepstakes termination. Sponsor is not responsible for incompatibility of entrant’s hardware, software or browser technology.
NOTICE TO ONLINE ENTRANTS:
In the event of a dispute over the identity of an online entrant, entry will be deemed submitted by the “Authorized Account Holder” of the e-mail address submitted at time of entry. Authorized Account Holder means the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Sponsor may ask any entrant or potential winner to provide Sponsor with proof that such party is the authorized account holder of the email address associated with the entry. Entry materials/data that have been tampered with or altered, or mass entries or entries generated by a script, macro or use of automated devices are void. The Sponsor Entities are not responsible for: (i) lost, late, misdirected, damaged or illegible entries; or (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; or (iii) any injury or damage to entrant’s or any other person’s computer related to or resulting from participating in the Sweepstakes. By participating in the Sweepstakes, you (i) agree to be bound by these official rules, including all eligibility requirements, and (ii) agree to be bound by the decisions of Sponsor and the Sweepstakes Administrator, which are final and binding in all matters relating to the Sweepstakes. Failure to comply with these official rules may result in disqualification from the Sweepstakes. Sponsor reserves the right to: (i) permanently disqualify from any Sweepstakes it sponsors any person it believes has intentionally violated these official rules; and (ii) withdraw the online method of entry if it becomes technically corrupted (including if a computer virus or system malfunction inalterably impairs its ability to conduct the Sweepstakes), and to select winners from among all eligible entries received prior to withdrawal.
ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS WEBSITE OR INTERFERE WITH THE OPERATION OF THE CONTEST, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
Except where prohibited, entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the state of Texas. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the state of Texas without giving effect to any choice of law or conflict of law rules (whether of the State of Texas or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the state of Texas. The remedy for any claim shall be limited to actual damages, and in no event shall any party be entitled to recover punitive, exemplary, consequential, or incidental damages, including attorney’s fees or other such related costs of bringing a claim, or to rescind this agreement or seek injunctive or any other equitable relief.
THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THIS PROMOTION WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.
OFFICIAL RULES REQUEST:
To request a copy of the Official Rules, see smoothieking.com/changeameal/enter or send a self-addressed, stamped envelope by March 1, 2019, to: The Swap a Meal Sweepstakes Official Rules Request, PO Box 25466, Rochester, NY 14625-0466.
For a written confirmation of the winner (available after March 1, 2019), send a stamped, self-addressed envelope (no later than March 29, 2019), to: The Swap a Meal Sweepstakes Winner Confirmation Request, PO Box 25466, Rochester, NY 14625-0466.
Smoothie King Franchises, Inc., 9797 Rombauer Road, Suite 150 Dallas, TX 75019.
Void in Puerto Rico, the U.S. Virgin Islands, outside the U.S., and wherever else prohibited by law.