2018 Bai Turn Good Into Great Sweepstakes Official Rules
INTERNET AND VALID EMAIL ACCOUNT REQUIRED. NO PURCHASE NECESSARY. VOID WHERE PROHIBITED. PURCHASE DOES NOT IMPROVE CHANCE OF WINNING. GOVERNED BY LAWS OF THE STATE OF TEXAS. ALL FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS APPLY.
Promotion: 2018 Bai Turn Good Into Great Sweepstakes (the “Promotion”)
Sponsor: Bai Brands LLC, 1800 E State St Trenton, NJ 08609
Administrator: Young America, LLC, 10 South 5th Street, 7th Floor, Minneapolis, MN 55402
Eligible States: 50 United States and District of Columbia
Minimum Age: Must be 18 (19 in Alabama and Nebraska) years of age or older at time of participation
Start Date: 12:00:01 am Eastern Time (“ET”) January 1, 2018
End Date: 11:59:59 pm ET, March 30, 2018
Entry Receipt Deadline: 11:59:59 pm ET, March 30, 2018
Promotion Period: January 1, 2018, 12:00:01 pm ET through March 30, 2018, 11:59:59 pm ET
Drawing Date: April 5, 2018
Winners List Request Deadline: May 5, 2018
Winners List Address: 2018 Bai Turn Good Into Great Sweepstakes/Winners List, 10 South 5th Street, 7th Floor, Dept. 1210-701, Minneapolis, MN 55402
PRIZE: One (1) Grand Prize: “Groceries for a year”. Prize awarded as $10,000, in the form of a wire transfer or check, payable to winner.
From time to time during the Promotion Period, Sponsor may feature any/all Photos on the Website, in Sponsor’s sole discretion. Being selected as a featured Photo does not guarantee selection as a winner in the Promotion nor does it entitle the featured entrant(s) to any compensation or prize. By entering, you acknowledge that the Sponsor has no obligation to use or post any Photo you submit.
ENTRY GUIDELINES: By submitting an entry, you warrant and represent that the Photo: (a) is your original work, (b) has not been previously published, (c) has not won previous awards, (d) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; and (e) that publication of the Photo via various media including Web posting, will not infringe on the rights of any third-party rights. Each entrant will indemnify and hold harmless, the Sponsor and Promotion Parties (defined below) from any claims to the contrary.
Your Photo may not contain any content that the Sponsor, in its sole discretion, determines to be:
- Vulgar, offensive, sexually explicit, profane or pornographic
- Derogatory of any race, ancestry, place of origin, color, ethnic origin, citizenship, political group, religion, sex, sexual orientation, age, marital status, family status or disability; endorses any form of hate or hate group; defames, misrepresents or contains disparaging remarks about other people, products or companies
- Violent or promotes the use of alcohol, marijuana, illegal drugs, tobacco, or weapons; promotes unsafe activities
- Promotes any political agenda or message
- Appears to duplicate any other submitted Photo
- Contains copyrighted materials owned by others (including music, lyrics, or images published on or in websites, television, movies or other media) without permission; or contains trademarks, logos or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others without permission (except Sponsor’s); advertises or promotes any brand of any kind (except Sponsor’s)
- Contains any personal identification, such as persons’ names, email addresses, street addresses or license plate numbers, that is not requested as part of the entry process
- Contains the names, likeness or voice of any person (other than the entrant); contains look-alikes of celebrities or other public figures
- Communicates messages or images inconsistent with the positive image of the Bai name and brand; or
- Violates any law
The Sponsor reserves the right to reject any Photo Which Sponsor determines, in its sole and absolute discretion, does not meet the above criteria or is otherwise offensive or is not in keeping with the Sponsor’s image and reputation. Sponsor reserves the right to verify all Photos. Remove any Photo without prior notice.
ENTRY LIMITS: Limit one (1) entry per person/email account. You may not use more than one name or residential or email address. You must complete your own entry. No use of any automated, form filling, programmed or similar service or system.
DRAWING: Winner will be selected by random drawing from among all eligible entries received. Odds of winning depend on the number of eligible entries.
PRIZE LIMIT: Limit one prize (valued $600 or more) per person/household per twelve (12) consecutive months from any promotion sponsored by Sponsor or any of its affiliates.
NOTIFICATION: Winner will be notified via email. After three (3) business days, if contact is not made with winner or winner does not claim the prize within period specified, the prize may be forfeited.
AFFIDAVIT/RELEASE: Winner will be required to sign an affidavit of eligibility and release of publicity/liability within the time Sponsor or Administrator specifies or prize may be forfeited.
ELIGIBILITY: To enter you must be a U.S. legal resident of and at least 18 (19 in Alabama and Nebraska). You are not eligible if you or a member of your immediate family or household (whether or not related) is an (A) employee, officer or director of any Promotion Party, or (B) owner/operator or person responsible for purchasing or promotion decisions at retailers of Sponsor products.
“Immediate family” means spouses, parents, children, siblings and step-parents/children/siblings, whether or not living at the same residence.
“Promotion Part(ies)” means Sponsor, its bottlers or distributors, Administrator, their respective parents, subsidiaries and affiliates, their promotion partners, advertising or promotion agencies, promotion materials suppliers, website developers, judging organizations, auditing or legal firms and other parties engaged in the promotion, administration or execution of the Promotion, and all of their employees, officers, directors and agents.
GENERAL: By participating, you agree to abide by the Rules and all decisions of Sponsor and its judges and administrators, which are final and binding in all respects. Non-compliance may result in disqualification. You are not a winner unless and until you have fully complied with the Rules and all award processes have been completed (including affidavits and any verifications required by Sponsor). All entries must use your actual name and residential address (as on your driver’s license or government ID)(no P.O. boxes). Entries become Sponsor’s property and will not be returned. Winner may not substitute, transfer or redeem for cash all or any part of prize. Sponsor will not replace any lost or stolen portions of the prize. Sponsor reserves the right to substitute the prize (or portion of prize) with a prize of comparable or greater value if prize becomes unavailable. If, for any reason, more prizes are available or claimed than the stated number, Sponsor reserves the right to randomly draw winner from eligible claimants. Winner is solely responsible for all taxes, if any, on prize and will receive an IRS Form 1099 for the retail value of the prize for any prize valued at $600 or more. Winner is responsible for any expense or item not specifically awarded according to these Rules. Allow up to eight (8) weeks for delivery of prize.
USE OF NAME/LIKENESS: By accepting a prize, you grant Sponsor (and its designees) the right to use your name and/or likeness for advertising purposes in any medium, without further compensation, except as prohibited by law.
ACCOUNT HOLDER: If disputed, entry will be deemed made by the natural person who is assigned to the account by the applicable provider or organization that assigns the phone, email or other account number used for entry.
LIMITATIONS: Neither Sponsor nor any other Promotion Party is responsible for any:
- lost, late, damaged, incomplete, illegible, misdirected, undeliverable or postage-due mail or entries;
- email, network, electronic, software, equipment, service, processing, accessibility or other errors, failures or issues;
- unauthorized access, tampering, hacking, theft or destruction; or
- other technical or human error related to the promotion, execution or administration of the Promotion.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES; AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU, AND THE FOREGOING SECTION SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF SPONSOR’S OR PROMOTION PARTIES’ NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.
VIOLATIONS: Sponsor may, in its sole determination, disqualify anyone it believes has not complied with the Rules, may be tampering or acting in a non-sportsmanlike, disruptive, abusive, harassing or threatening manner.
CAUTION: ATTEMPTS TO UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY VIOLATE CIVIL AND CRIMINAL LAWS AND SPONSOR MAY SEEK REMEDIES TO THE FULLEST EXTENT UNDER LAW.
CHANGES: Sponsor may, in its sole determination, cancel or modify any aspect of the Promotion or Rules for any reason which Sponsor, in its sole opinion, deems affects the promotion, execution or administration of the Promotion (whether tampering, technical or human error, application of new or existing laws/regulations, or other issues).
LIABILITY RELEASE: BY PARTICIPATING, YOU RELEASE AND AGREE THAT NEITHER SPONSOR NOR ANY PROMOTION PARTY WILL BE RESPONSIBLE OR LIABLE FOR ANY CLAIMS, ACTIONS, DAMAGES, LOSSES, COSTS, EXPENSES AND LIABILITY OF ANY KIND (INCLUDING PROPERTY DAMAGE, PERSONAL INJURIES AND/OR DEATH, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, COUNSEL FEES AND COURT COSTS) ARISING FROM ANYTHING RELATING TO:
- PROMOTION, EXECUTION OR ADMINISTRATION OF THE PROMOTION (OR YOUR PARTICIPATION);
- CANCELLATION OR MODIFICATION OF ANY ASPECT OF THE PROMOTION;
- USE OF ANY WEBSITE RELATED TO THE PROMOTION OR MATERIALS ON THEM;
- ACCEPTANCE, POSSESSION, USE, MISUSE, OR NONUSE OF ANY PRIZE; OR
- PARTICIPATING IN OR TRAVELING TO ANY PROMOTION-RELATED ACTIVITY.
INDEMNITY: By participating, you further agree to indemnify and hold harmless the Promotion Parties and their respective agents, representatives, officers, directors, shareholders and employees from and against any injuries, losses, damages, claims, actions and liability of any kind resulting from or in connection with the Promotion or the Prizes.
NO WARRANTY: ALL PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
SOME JURISDICTIONS MAY NOT ALLOW EXCLUSIONS OF IMPLIED WARRANTIES OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. CHECK YOUR LOCAL LAWS.
DISPUTES: IF NOT RESOLVED THROUGH DIRECT DISCUSSIONS, ANY DISPUTE OR CLAIM SHALL BE RESOLVED BY FINAL BINDING ARBITRATION WITH AN EXPERIENCED ARBITRATOR LICENSED TO PRACTICE LAW IN TEXAS. VENUE FOR ANY PROCEEDINGS WILL BE IN COLLIN COUNTY, TEXAS. REMEDIES SHALL BE SUBJECT TO ALL LIMITATIONS AND RELEASES IN THESE RULES, BE LIMITED TO ACTUAL OUT OF POCKET DAMAGES, AND SHALL NOT, IN ANY EVENT, INCLUDE ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES, ATTORNEY’S FEES OR OTHER COSTS OR BRINGING A CLAIM, OR ANY INJUNCTIVE OR OTHER EQUITABLE RELIEF.
ADMINISTRATION: Administrator is responsible for the processing of entries and administration of the Promotion. Contact Administrator at its above address with any questions, comments or problems.
FOR A WINNERS LIST: Mail a self-addressed stamped envelope to Winners List Address above by the Winners List Request Deadline. List will be sent once the prize is awarded.