FoodCorps Inc Vitamix Giveaway
1. THE PROMOTION: The following terms and conditions set out how you can be entered into a prize draw to win one of five Vitamix Explorian Series E310 (defined in 5.1.2 below). By entering the Promotion, the entrant agrees to be unconditionally bound by these terms and conditions.
2. THE PROMOTER: the promoter of this Promotion is FoodCorps Inc. of 1140 SE 7th Ave Suite 110 Portland OR 97214. (“Promoter”).
3. ELIGIBILITY AND LIMITATIONS:
3.1 The Promotion is open to all legal residents of jurisdictions in the United States and the District of Columbia, where this promotion is allowed who are aged 18 years or over. The Promotion is not open to residents of other jurisdictions, subject to local rules however for the legal residents of the United States the following terms and conditions will apply. No purchase is necessary to enter and win this promotion. Those under the age of 18 or not legally resident in the United States or other jurisdictions, subject to local rules cannot participate in the Promotion, and even if they do participate and win, they will not be awarded the Prize. The Promotion is NOT open to:
3.1.1 employees of the Promoter;
3.1.2 employees of agents or suppliers of the Promoter, who are professionally connected with the Promotion or its administration; or
3.1.3 members of the immediate families or households of 3.1.1 and 3.1.2 above.
3.2 Access to the internet is required for entry.
3.3 In entering the Promotion, you confirm that you are eligible to do so and eligible to claim any Prize you may win. The Promoter may require you to provide proof that you are eligible to enter the Promotion and/or claim any Prize you may win. The Promoter reserves the right, at any time, to verify the eligibility of any entrant, and to disqualify any ineligible entries.
3.4 Entry Limitations – The following entry limitations apply: Entries must be created on the promotor’s contest entry page. All participants must enter their first and last name, a valid email address, shipping address and zip code.
3.4.1 The Promoter will not accept entries that are: automatically generated by computer; completed by third parties; incomplete; altered, forged or tampered with;
3.4.2 Entries on behalf of another person will not be accepted; and
3.4.3 The Promoter reserves all rights to disqualify you if your conduct is contrary to these Terms and Conditions or otherwise to the spirit or intention of the Promotion.
3.5 There are further limitations on eligibility to redeem a Prize, and these are set out in clause 7.
4. STARTING DATE AND CLOSING DATE
4.1 The Promotion begins on November 27, 2018 at 00:01 Eastern Standard Time (“EST”) (“Opening Date”).
4.2 The Promotion ends on December 30, 2018 (11:59pm EST). In addition, the prizes will be drawn at different times. This means that there will be 5 different closing dates, one for each prize, after which that prize cannot be won. The closing date (“Closing Date”) for the Promotion as it relates to each prize will therefore be on the dates in Section 4.3.1
4.3 Award Dates
4.3.1 For each prize as follows:
18.104.22.168 For Prize One – December 3rd, 2018
22.214.171.124 For Prize Two – December 10th, 2018
126.96.36.199 For Prize Three – December 17th, 2018
188.8.131.52 For Prize Four – December 24th, 2018
184.108.40.206 For Prize Five – December 31st, 2018
(each a “Closing Date”).
4.4 For an entry to be valid for a draw for a particular prize, it must be received by the Promoter in accordance with the entry process as set down in clause 5 by no later than the applicable Closing Date for that particular prize.
4.5 All entries received after the Prize Five Closing Date are automatically disqualified. The time entries are deemed to be made will be the time the entry is received by the Promoter, not the time the entry is submitted by an entrant.
4.6 Prizes One, Two, Three, Four, and Five will be drawn at different times. Entries must be received by the applicable Closing Date for a particular prize, as detailed in 4.2 above, to be eligible for winning that particular prize.
5. HOW TO ENTER
5.1 To enter the Promotion:
5.1.1 Visit the Promoter’s website at https://contest.foodcorps.org/ and follow the instructions to enter the Promotion. As part of the online entry, you will be required to provide your name and email address. Your operator’s standard data or communication charges shall apply for access to the Promoter’s website.
5.1.2 Participants can receive one (1) additional entry each week by following @foodcorps on Instagram and 1 (one) additional entry each week by following @foodcorps on Twitter
5.2 The Promoter will not accept entries that are incomplete, late, or otherwise defective, regardless of cause, including, for example, as a result of any equipment failure, technical malfunction, systems, satellite, network, server, computer hardware or software failure of any kind.
5.3 For help with entries, please contact Kelly.email@example.com or 646-902-9057
6.1 There are 5 Prizes which will be awarded to 5 Winners as follows:
6.1.1 1 Vitamix Blender as described in Section 1 will be awarded each week for 5 weeks during the term of the promotion;
6.2 Each Prize also includes:
6.2.1 1 Vitamix blender as described in section 1.
6.2.2 Shipping to an address within the United States.
6.3 The ability of a Winner to redeem a Prize will be subject to meeting the conditions included below in Clause 7.
6.4 Anyone who has entered the Promotion but does not win the draw for Prize 1, will still be entered into the draw for Prize 2 (and then the draw for Prize 3, Prize 4, and Prize 5 if they do not win the draw for Prize 2). Anyone who wins a Prize will not be entered into any subsequent prize draw.
6.5 The Prize is not negotiable or transferable. Prizes are subject to availability. The Prize cannot be exchanged and is not redeemable for cash. The Promoter reserves the right, at its discretion, to substitute the Prize with a prize of equal or greater value, subject to legislative approval.
6.6 The Prize is supplied by Vitamix – Cleveland, Ohio USA (the “Supplier”).
6.7 Any other costs incurred that are incidental to the fulfilment of the Prize, are the responsibility of the Winner(s). The Promoter will be responsible for any sales tax due in respect of any good or service awarded as a Prize to a Winner, but the Winner shall otherwise be responsible for any other applicable taxes.
7. PRIZE CONDITIONS
7.1 In order to be eligible to take up the Prize:
7.1.1 the Winner must be aged 18 or over;
7.1.2 the Winner must not have already won a Prize
8. SELECTION OF WINNERS
8.1 Subject to 8.2 below:
8.1.1 In relation to Prize 1, the Winner will be selected at random by a draw performed by a computer process from all eligible entries received in accordance with these Terms and Conditions between the Opening Date and 2 December 2018. This draw will take place on 3 December 2018 at 12pm EST at the Promoter’s address found at Clause 2 and if applicable an Unclaimed Prize Draw will take place on 4 December 2018 at 12pm EST at the Promoter’s address found at Clause 2.
8.1.2 In relation to Prize 2, the Winner will be selected at random by a draw performed by a computer process from all eligible entries received in accordance with these Terms and Conditions between the 3 December 2018 and 9 December 11:59pm EST (excluding all entries made by the Winner of Prize 1). This draw will take place on 9 December 2018 at 12pm EST at the Promoter’s address found at Clause 2 and if applicable an Unclaimed Prize Draw will take place on 9 December 2018 at 12pm EST at the Promoter’s address found at Clause 2; and
8.1.3 In relation to Prize 3 , the Winner will be selected at random by a draw performed by a computer process from all eligible entries received in accordance with these Terms and Conditions between the 10th December 2018 and 16th December 2018 at 11:59pm EST (excluding all entries made by the Winner of Prize 1 or Prize 2). This draw will take place on 17th December 2018 at 12pm EST at the Promoter’s address found at Clause 2 and if applicable an Unclaimed Prize Draw will take place on 17th December 2018 at 12pm EST at the Promoter’s address found at Clause 2.;
8.1.4 In relation to Prize 4, the Winner will be selected at random by a draw performed by a computer process from all eligible entries received in accordance with these Terms and Conditions between the 17th December and 23rd December at 11:59pm EST (excluding all entries made by the Winner of Prize 1 or Prize 2). This draw will take place on 24th December at 12pm EST at the Promoter’s address found at Clause 2 and if applicable an Unclaimed Prize Draw will take place on 26th December at 12pm EST at the Promoter’s address found at Clause 2.;
8.1.5 In relation to Prize 5, the Winner will be selected at random by a draw performed by a computer process from all eligible entries received in accordance with these Terms and Conditions between the 24th December and 30th December at 11:59pm EST(excluding all entries made by the Winner of Prize 1 or Prize 2). This draw will take place on 31st December 2018 at 12pm EST at the Promoter’s address found at Clause 2 and if applicable an Unclaimed Prize Draw will take place on 31st December 2018 at 12pm EST at the Promoter’s address found at Clause 2.;
(“the Prize Draw Dates”).
9. CLAIMING THE PRIZE
9.1 The Promoter will make reasonable efforts to contact the Winner using the email address provided with the entry. The Winner is responsible for ensuring that the email address provided with their entry is accurate and current. The Promoter will not be responsible for any disputes arising in relation to the identity of the winner.
9.2 If the prize has not been accepted or claimed within thirty (30) days or if after making all reasonable attempts, the Promoter can’t contact the drawn winner (or the drawn winner does not contact the Promoter) by the time-period above, the relevant entry will be discarded and the Promoter will re-draw the relevant prize by carrying out an Unclaimed Prize Draw in accordance with the time, date and place detailed in Clause 8.1.1, 8.1.2 and 8.1.3.
9.3 The winner of the Unclaimed Prize Draw will be announced on FoodCorps Facebook, Twitter and Instagram accounts, and via email to all entrants to the Promotion, within 5 days of the re-draw date.
9.4 The Prize may not be claimed by a third party on a Winner’s behalf. The Promoter does not accept any responsibility if a Winner is not able to take up the Prize. If a Winner cannot accept or take part in the Prize for any reason, their Prize will be void, and no compensation will be payable.
10. WINNER ANNOUNCEMENT
10.1 The Winner of the Promotion will be announced on FoodCorps Facebook, Twitter and Instagram accounts within 5 days of contacting the Winner.
10.2 The decisions of the Promoter are final and no correspondence or discussion will be entered into.
11. LIMITATIONS ON LIABILITY
11.1 By accepting a Prize, the Winner agrees to release and hold harmless the Promoter and its subsidiaries, affiliates, suppliers, distributors, agencies and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, damage to or loss of property, arising out of participation in the Promotion or receipt of, use or misuse of any Prize.
11.2 The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software failures of any kind including any injury or damage to any person’s computer account resulting from participating in this Promotion, or mistranscribed data; (3) unauthorized human intervention or human error which may occur in any part of the entry process or the process for allocating the prize(s); (4) technical or human error which may occur in the administration of the Promotion or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Promotion or receipt or use or misuse of any Prize. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, the entrant’s sole remedy is another entry in the Promotion, if it is possible.
11.3 As a condition of participating in the Prize, the Winner indemnify the Promoter, all organizers, sponsors and all other persons and organizations associated in any way with the Promotion against all claims, damages, liabilities, costs and expenses (including costs legal fees) which the Winner may incur arising out of their participation in the Promotion and/or use of the Prize, howsoever caused.
11.4 Nothing in this section shall exclude the Released Parties’ liability for death or personal injury caused by its negligence, for fraud or fraudulent misrepresentation, or for any other liability whose limitation is prohibited by law.
12. DATA PROTECTION
12.1 By entering the Promotion, you agree that the Promoter, or its agents and suppliers, may use:
12.1.1 any personal data provided by you with your entry to administer the Promotion;
12.1.2 your name and town and/or county of residence if you are the Winner (and except where prohibited) to announce the Winner in accordance with Clause 10;
12.1.3 The contest entrant agrees that any email entered to participate in the promotion may be used for future contact by the Promoter to deliver information about the program and solicit charitable donations to the program. Any questions or requests about removal from the Promoter email mailing list should be directed to Kelly.firstname.lastname@example.org or 646-902-9057.
12.2 You have the right to restrict the processing of your personal data in certain circumstances, a right to access the data we hold about you, and a right to have the processed data rectified or (in certain circumstances) deleted. Entrants may access and correct any personal information held by the Promoter by sending an email to Kelly.email@example.com . Certain personal data necessary to administer the Promotion. If you exercise your right to prevent the processing of such personal data prior to the end of the Promotion, your participation will be cancelled.
13.1 Please see www.foodcorps.org/giveawayrules for a copy of these terms and conditions.
13.2 If there is any reason to believe that there has been a breach of these terms and conditions, the Promoter may, at its sole discretion for the safe and fair development of the Promotion, reserve the right to exclude you from participating in the Promotion, subject to applicable law.
13.3 The Promoter reserves the right to hold void, suspend, cancel, or amend the Promotion where it becomes necessary to do so.
13.4 These terms and conditions shall be governed by New York law. This choice of law does not deprive you of the protection afforded to you under your own laws and such provisions that cannot be derogated from by agreement by virtue of the law of your jurisdiction. The parties submit to the exclusive jurisdiction of the courts of the state of New York.
13.5 If any provision(s) of these Terms and Conditions (or any part thereof) are held to be invalid or unenforceable, all remaining provisions (or any part thereof) hereof will remain in full force and effect.
13.6 The original version of these terms and conditions is drafted in the English language. If these terms and conditions are translated into any other language, the English language version shall prevail.