Joy of Real Food Sweepstakes Official Rules

JOY OF REAL FOOD SWEEPSTAKES

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR CLAIM A PRIZE. A PURCHASE or payment WILL NOT INCREASE AN ENTRANT’s CHANCES OF WINNING.

OPEN Only TO LEGAL RESIDENTS OF THE FIFTY (50) U.S. States AND THE DISTRICT OF COLUMBIA WHO ARE eighteen (18) YEARS and OLDER AT THE TIME OF ENTRY.

The Joy of Real Food Sweepstakes (“Sweepstakes”) is sponsored by Real Food Blends, P.O. Box 2126, Chesterton, IN 46304 (“Sponsor”).

  1. SWEEPSTAKES PERIOD: The Sweepstakes begins on December 18, 2014 at 12:00 A.M. Eastern Time (“ET”) and ends on December 31, 2014 at 11:59:59 P.M. ET (“Sweepstakes Period”). Sponsor’s computer is the official clock of the Sweepstakes.
  1. ELIGIBILITY: This Sweepstakes is offered only to legal residents of the fifty (50) U.S. States and the District of Columbia who are eighteen (18) years and older at the time of entry. Employees of Sponsor and each of their respective parent companies, subsidiaries and affiliates, distributors, dealerships and companies involved in the implementation and execution of the Sweepstakes (“Sweepstakes Entities”) and each of their respective immediate family members (e., spouse, parent, child, sibling and the “steps” of each) and persons living in the same household of each are not eligible to participate in the Sweepstakes. Void where prohibited or restricted by law. By participating in this Sweepstakes, an individual who meets the eligibility requirements, and enters the Sweepstakes, agrees to be bound by these official rules (“Official Rules”) and that the decisions of Sponsor shall be final and binding in all matters pertaining to the Sweepstakes. Each entrant may be required to furnish proof of identification and other proof of eligibility under these Official Rules.
  2. HOW TO ENTER THE SWEEPSTAKES: An entrant may enter the Sweepstakes during the Sweepstakes Period in the following ways: (1) visit RealFoodBlends.com/JoyOfRealFoodSweepstakes(“Website”), enter his/her name and e-mail address, and agree that he/she agrees to these Official Rules and that he/she is 18 years or older to receive one entry; (2) visit www.facebook.com/realfoodblends and post a video or photograph featuring themselves and/or their tube-fed loved one and a Real Food Blends meal using the hashtag #JoyOfRealFoodsSweeps to receive two entries (By submitting a post or video on Sponsors Facebook page, entrant hereby agrees to these Official Rules. Photograph/Video and post may be collectively referred to as a “Submission” and must comply with these Official Rules, including the Submission Guidelines and Content Restrictions set forth below); (3) make a purchase at www.RealFoodBlends.com using the special code “JOY” or submit a mail-in entry to receive 5 entries (see below).

Mail-in Entry without a Purchase: To receive 5 entries without making a purchase, an eligible entrant may hand-write his/her complete name (no initials), valid e-mail address, street address (P.O. Boxes not accepted), city, state, ZIP code, telephone number, and date of birth (MM/DD/YYYY) on a 3½”x5” card (“Mail-In Entry”) and mail it with sufficient postage to: Real Food Blends, Joy of REAL Food  Sweepstakes, P.O. Box 2126, Chesterton, IN 46304. All Mail-In Entries must be postmarked no later than December 31, 2014, and received on or before January 7, 2015, in order to be eligible

Entry Limit: Regardless of the method of entry, there is a limit of one (1) entry for entry methods 1 and 2 listed above for during the Sweepstakes Period and no limit on entry method 3 listed above during the Sweepstakes Period.

By participating in the Sweepstakes, entrant specifically agrees to release Facebook from any and all liability associated with the Sweepstakes. Use of Facebook will be subject to that service provider’s privacy policy and terms of use. Facebook’s privacy policy and terms of use are available at https://www.facebook.com/about/privacy and https://www.facebook.com/legal/terms.

Important: If the entrant is entering this Sweepstakes via a mobile device, Message and Data Rates may apply. The entrant should consult his/her wireless service provider regarding its pricing plans. Not all cellular telephone providers carry the service necessary to participate in this method of entry.  The entrant should check his/her mobile device’s capabilities for specific web enabled browsing instructions.

SUBMISSION GUIDELINES AND CONTENT RESTRICTIONS:

  1. Each Submission must be in English;
  2. Each Submission must be the original work of the Entrant;
  3. Each Submission must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity, copyrights, trademarks or other intellectual property rights;
  4. Each Submission must not disparage Sponsor or any other person or party affiliated with the Sweepstakes and administration of this Sweepstakes, or any of their respective products and/or brands;
  5. Each Submission must not in any way, either visibly or otherwise, contain any brand names, logos or trademarks other than those of Sponsor, which Entrant has a limited license to use to solely for purposes of this Sweepstakes;
  6. Each Submission must not include personally identifiable information of any person other than Entrant;
  7. Each Submission must be relevant to the Sweepstakes theme;
  8. Each Submission must not contain material that is inappropriate, indecent, lewd, pornographic, obscene, hateful, tortious, defamatory, slanderous or libelous;
  9. Each Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and
  10. Each Submission must not contain material that is unlawful, in violation of, or contrary to the laws or regulations in any jurisdiction where the Submission is created.

GENERAL SUBMISSION TERMS: Submissions generated by script, macro or other automated means are void. Sweepstakes Entities are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Submissions – all of which will be void. In the event of a dispute as to any Submission, the authorized account holder (determined at time of the entry) of the e-mail address used to make the Submission will be deemed to be the entrant. Sponsor reserves the right to disqualify any entrant and/or Submission.

By submitting a Submission, an entrant agrees that his/her submission is gratuitous and made without restriction, and will not place Sponsor under any obligation and that Sponsor is free to disclose or otherwise disclose the ideas contained in the Submission on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to the entrant. Entrant acknowledges that, by acceptance of his/her Submission, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than the entrant.  Entrant agrees that Sponsor may post the Submission on the Website. Entrants warrant that their Submissions are original, that the Entrant is the sole and exclusive owner and rights holder of the Submission, and that the Entrant has the right to submit the Submission in the Sweepstakes. Each Entrant agrees not to submit any Submission that (1) infringes any third party proprietary rights, intellectual property rights, industrial property rights, personal or moral rights or any other rights, including without limitation, copyright, trademark, patent, trade secret or confidentiality obligations or (2) otherwise violates any applicable federal, state, or local laws, rules, or regulations. To the maximum extent permitted by law, each Entrant on behalf of himself/herself indemnifies and agrees to keep indemnified Sweepstakes Entities at all times from and against any and all liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission of the Entrant or breach of any warranty set forth herein. To the maximum extent permitted by law, each Entrant agrees to defend, indemnify and hold harmless Sweepstakes Entities, and each of their respective affiliates, directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorney’s fees) arising out of or accruing from: (a) any material uploaded or otherwise provided by the Entrant that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, or (b) any misrepresentation made by the Entrant in connection with the Sweepstakes.

Each Entrant further agrees to release and hold harmless Sweepstakes Entities from any and all claims that any advertising subsequently produced, presented, and/or prepared by or on behalf of Sponsor infringes Entrant’s rights with regard to any Submission. Although each Submission will be reviewed by Sponsor before being judged, posted or published, the posting or publication of a Submission does not mean the Submission has been deemed to be in compliance with these Official Rules. Any Submission that does not comply with these Official Rules or that otherwise contains prohibited or inappropriate content as determined by Sponsor, in its sole and absolute discretion, will be disqualified, and if posted on the Website or any websites related to this Sweepstakes, removed there from.

If any persons other than the entrant appear in the Submission, the entrant is responsible for obtaining, prior to entering the Submission, any and all releases and consents necessary to permit the exhibition and use of the entry by Sponsor as set forth in these Official Rules. If any person other than the Entrant appears in a Submission submitted by an Entrant and has not consented to appear in that Submission and does not want his/her likeness to appear in that entry on the Website, he/she can send a message to JoySweeps@RealFoodBlends.com requesting that entry to be taken down from the Website.

  1. RANDOM DRAWINGS: On or around January 8, 2015, Sponsor or Sponsor’s designee will randomly select one (1) potential grand prize winner and one (1) potential first prize winner from all eligible entries received during the Sweepstakes. Seven business days after the first day during of the Sweepstakes Period and each business day thereafter, Sponsor or Sponsor’s designee will randomly select two (2) potential daily prize winners from all eligible entries received during the Sweepstakes Period prior to that daily drawing. Each Winner is deemed to be a potential Winner pending verification of his or her eligibility and compliance with these Official Rules as determined by Sponsor, at Sponsor’s sole discretion.
  1. PRIZES, ODDS OF WINNING AND APPROXIMATE RETAIL VALUE (“ARV”):

Grand Prize (1): The grand prize winner will receive twenty-four (24) 12-packs of Real Food Blends meals (to be fulfilled in four equal installments throughout 2015, shipped in January, April, July, and October) (“Grand Prize”). Meal varieties will be chosen by Sponsor in its sole discretion. Grand Prize ARV: $1,250.

First Prize (1): The first prize winner will receive twelve (12) 12-packs of Real Food Blends meals (to be fulfilled in four equal installments throughout 2015, shipped in January, April, July, and October) (“First Prize”). Meal varieties will be chosen by Sponsor in its sole discretion. First Prize ARV: $625.

Daily Prizes (34): The daily prize is one (1) 3-pack sampler of Real Food Blends meals (“Daily Prize”). Meal varieties will be chosen by Sponsor in its sole discretion. Daily Prize ARV:  $47.

General prize conditions: Prizes are non-transferable and non-assignable. No substitution, exchange or cash equivalent will be allowed, except at Sponsor’s sole discretion. Winners are solely responsible for all costs and expenses associated with the prize not stated in these Official Rules. If a potential winner is found to be ineligible, is not in compliance with these Official Rules, declines to accept a prize or does not properly redeem a prize, the prize may be forfeited at Sponsor’s sole discretion. No more than the stated number of Prizes will be awarded.

Total ARV of available Prizes: $3,473.

Prize Limit: One (1) prize per entrant/household.                                                           

  1. HOW TO CLAIM A PRIZE: On or about January 8, 2015, Sponsor or Sponsor’s designee will send each potential winner an email notification to the email address provided at entry (or, if Sponsor does not have a potential winner’s e-mail address, Sponsor will contact the potential winner via the method the potential winner entered). Potential winners will be required to respond to the email notification, and provide the information requested, within the time period stated, including his or her valid mailing address (P.O. Boxes will not be accepted). Grand Prize and First Prize winners will each be required to sign and return an Affidavit of Eligibility and Liability/Publicity Release (except where prohibited) and any other requested documents within five (5) calendar days from the date of attempted notification or the prize may be forfeited in its entirety and awarded to an alternate winner, at the Sponsor’s sole and absolute discretion. If a potential winner fails to provide the information requested by the date stated in the prize notification, the potential winner may be disqualified. In the event an email notification is returned as undeliverable, or if a potential winner does not comply with these Official Rules, he or she will be disqualified at Sponsor’s sole discretion. Daily Prizes will be shipped to the addresses provided by confirmed Daily Prize winners two (2) to four (4) weeks after confirmation. The Grand Prize winner and First Prize winner will receive their prizes in four (4) separate shipments, as described above. If a prize is forfeited for any reason, an alternate potential winner may be randomly selected from all remaining non-winning entries received during the Sweepstakes Period. Sponsor will issue an IRS Form 1099-MISC for both the Grand Prize winner and the First Prize winner.

General: If, after a good-faith attempt, Sponsor is unable to award or deliver a prize, the Prize will not be re-awarded. ALL FEDERAL, STATE AND LOCAL TAXES IMPOSED ON THE ACCEPTANCE OF A PRIZE ARE SOLELY THE RESPONSIBILITY OF EACH WINNER.

  1. LIMITATION OF LIABILITY: By participating in this Sweepstakes, entrants agree the Sweepstakes Entities and their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, Web masters and their respective officers, directors, employees, representatives, designees and agents (“Released Parties”) are not responsible for lost, late, incomplete, stolen, misdirected, postage due, or undeliverable email notifications or postal mail; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections or availability; or garbled, corrupt or jumbled transmissions, service provider/Internet/Website/UseNet accessibility, availability or traffic congestion; or any technical, mechanical, printing, or typographical or other error; or unauthorized human intervention; or inaccurate capture of registration information; or the failure to capture, or loss of, any such information. The Released Parties are not responsible for any incorrect or inaccurate information, whether caused by any Website users, tampering, hacking or by any of the equipment or programming associated with or utilized in the Sweepstakes and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the Website or any Sweepstakes-related website(s). Released Parties are not responsible for any injury or damage, whether personal or property, to participants or to any person’s computer related to or resulting from participating in the Sweepstakes and/or accepting a prize. Released Parties shall not be responsible or liable for entries entered by any automated computer, program, mechanism or device; for any entries in excess of the stated limit; or for entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Official Rules, and all such entries will, at Sponsor’s sole discretion, be disqualified.

 If, for any reason, an entry is confirmed to have been erroneously deleted, lost or otherwise destroyed, corrupted or for any other reason not accepted as an entry in the Sweepstakes, entrant’s sole remedy is to enter the Sweepstakes again to receive another entry. If for any reason, the Sweepstakes is not capable of running as planned, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes and/or proceed with the Sweepstakes, including the selection of Winners in a manner it deems fair and reasonable. This Sweepstakes is subject to all federal, state, and local laws and regulations.

By entering the Sweepstakes, each entrant agrees: (i) to be bound by these Official Rules and by all applicable laws and by the decisions of Sponsor and Administrator, which shall be binding and final; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his or her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Sweepstakes; and (iv) to forever and irrevocably agree to release, defend, indemnify and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable outside attorneys’ fees) that may arise in connection with: (a) the Sweepstakes, including, but not limited to, any Sweepstakes-related activity or element thereof, and the entrant’s entries, participation or inability to participate in the Sweepstakes; (b) the violation of any third-party privacy, personal, publicity or proprietary rights; (c) typographical or printing errors in these Official Rules or any Sweepstakes materials; (d) acceptance, receipt,  delivery of, possession, defects in, use, nonuse, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a prize (or any component thereof); (e) change in the prizing (or any components thereof) due to unavailability or due to reasons beyond Sponsor’s control, 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 such action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened or actual terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, 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 or other cause beyond any of the Released Parties’ control, or as otherwise permitted in these Official Rules; (f) any interruptions in or postponement, cancellation or modification of the Sweepstakes; (g) human error; (h) incorrect or inaccurate transcription, receipt or transmission entry (including, without limitation, registration information or any parts thereof); (i) any technical malfunctions or unavailability of the Website or any telephone network, computer system, computer online system, mobile device, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider, or mail service utilized by any of the Released Parties or by an entrant; and (j) interruption or inability to access the Sweepstakes, the Website or any other Sweepstakes-related websites or any online service via the Internet due to hardware or software compatibility problems.

Without limiting the foregoing, everything regarding this Sweepstakes, including the Website and prize components, are provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement. Some jurisdictions may not allow the limitations or exclusions of liability for incidental or consequential damages or exclusions of implied warranties, therefore some of the above limitations or exclusions may not apply. Check local laws for any restrictions or limitations regarding these limitations or exclusions.

  1. DISPUTES: THIS SWEEPSTAKES IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF MICHIGAN, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN OAKLAND COUNTY, MICHIGAN. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“AAA RULES”). THE AAA RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN MICHIGAN. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN OAKLAND COUNTY, MICHIGAN. 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 OR HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ENTRANTS AGREE THAT THE RIGHTS AND OBLIGATIONS OF ANY ENTRANT AND/OR SWEEPSTAKES ENTITIES AND/OR ANY OTHER PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR OF THE TIME THE CAUSE OF ACTION OCCURRED, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.
  1. PRIVACY POLICY: Any personally identifiable information collected during an entrant’s participation in the Sweepstakes will be collected by Sponsor or designee and used by Sponsor, its affiliates, designees, agents and marketers for purposes of the proper administration and fulfillment of the Sweepstakes as described in these Official Rules and in accordance with Sponsor’s Privacy Policy as stated at: //www.realfoodblends.com/privacy-policy/.
  1. PUBLICITY RIGHTS: By participating in the Sweepstakes and/or accepting a prize, each entrant agrees to allow Sponsor and/or Sponsor’s designee the perpetual right to use his or her name, biographical information, photos and/or likeness, and statements for Sweepstakes, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered, including live television, worldwide, including but not limited to on the World Wide Web and Internet, without notice, review or approval and without additional compensation except where prohibited by law.
  1. GENERAL: Any attempted form of participation in this Sweepstakes other than as described herein is void. If it is discovered or suspected at Sponsor’s sole discretion that an entrant has registered or attempted to register more than once using multiple email addresses, multiple identities, multiple Facebook, accounts, proxy servers or like methods, all of that entrant’s entries will be declared null and void, and that entrant may be ineligible to win a Prize. Also, if it is discovered that any entrant attempts to receive additional entries in excess of the stated limitation, that entrant will, at Sponsor’s sole discretion, be disqualified from the Sweepstakes. In the event of a dispute as to the identity of a Winner, the winning entry will be declared made by the authorized account holder of the email address associated with the Facebook account used to submit such entry. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g., business, educational institution) that is responsible for assigning email addresses for the domain associated with the submitted email address. Sponsor and Administrator reserve the right to disqualify any individual found, in its sole opinion, to be tampering with the operation of the Sweepstakes, to be acting in violation of these Official Rules or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of a Sweepstakes. Any use of robotic, automatic, macro, programmed, third-party or like methods to participate in the Sweepstakes may void any attempted participation effected by such methods and the disqualification of the individual utilizing the same. CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE THE SWEEPSTAKES OR TO UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of any conflict with any Sweepstakes details contained in these Official Rules, and Sweepstakes details contained in any Sweepstakes promotional materials (including, but not limited to, point of sale, television and print advertising, promotional packaging and other promotional media), the details of the Sweepstakes as set forth in these Official Rules shall prevail.
  1. WINNERS LIST: To obtain a list of Winners, interested individuals should mail a self-addressed, stamped business-sized envelope in an envelope to: Joy of REAL Food Sweepstakes – Winners List Request, Real Food Blends, Joy of REAL Food  Sweepstakes, P.O. Box 2126, Chesterton, IN 46304. Winners list requests will only be accepted after December 31, 2014, and must be received by February 14, 2015.

Facebook is a registered trademark of Facebook, Inc.

This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook.

Sponsored by Real Food Blends.