THIS SWEEPSTAKES IS INTENDED FOR PARTICIPATION IN THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER UNLESS YOU ARE ELIGIBLE AND RESIDE IN THE UNITED STATES AT THE TIME OF ENTRY.
BAI EXPERIENCES ARE YOUR INGREDIENTS SWEEPSTAKES OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. ELIGIBILITY: The Bai Experiences Are Your Ingredients Sweepstakes (“Sweepstakes”) is open only to legal U.S. residents of the fifty (50) United States and the District of Columbia who are 18 years of age (19 years of age in Alabama and Nebraska) or older at the time of entry. Employees, officers and directors of Bai Brands (“Sponsor”), its parent, subsidiary, and affiliated companies, advertising, promotion or production agencies, Web masters/suppliers, and their IRS dependents, immediate family members (spouse, parents, children, siblings and each of their respective spouses, regardless of where they reside), and individuals residing in their same household (whether or not related) are not eligible to participate. By participating, participants agree to these Official Rules and the decisions of Sponsor which are final and binding in all respects. Void where prohibited.
2. SWEEPSTAKES PERIOD: The Sweepstakes begins on June 1, 2017 at 12:00:01 p.m. (noon) Eastern Daylight Time (“EDT”) and ends on August 31, 2017 at 11:59:59 p.m. EDT (“Sweepstakes Period”). The computer of Sponsor’s Web master is the official time-keeping device of the Sweepstakes.
3. HOW TO ENTER: Visit www.drinkbai.com/WIN (“Website”) and follow the online instructions to complete and submit the online registration form. NOTE: A separate random drawing will be conducted for each prize. See Section 4 for Random Drawing details and Section 5 for Prize Details. During the registration process, you will be required to select one (1) of the prizes to determine which random drawing you will enter. Limit one (1) entry per person/email address.
The entry submission must be manually entered by the individual participant; automated and/or repetitive electronic submission of entries (including but not limited to entries made using any script, macro, bot or sweepstakes service) will be disqualified and transmissions from these or related email addresses or IP addresses may be blocked. Additionally, use of multiple email addresses, phone numbers and/or mailing addresses, and/or the manipulation of such information, for the purpose of obtaining more than one (1) entry, is prohibited and such persons will be disqualified, all entries deemed invalid, and any prize won shall be forfeited.
4. RANDOM DRAWINGS/ODDS: Five (5) random drawings will be conducted; one (1) for each prize. One (1) winner will be selected in each random drawing to be held on or about September 5, 2017 from among all eligible entries received for the particular prize. All drawings will be conducted by an independent judging organization, whose decisions shall be final in all matters relating to this Sweepstakes. Odds of winning a prize depend upon the number of eligible entries received corresponding to each prize/random drawing. Limit one (1) prize per person/email address/household.
5. PRIZE DETAILS:
“Safari in Tanzania, Africa” Trip Prize (1): Trip for winner and one (1) guest to Tanzania, Africa. Trip consists of round-trip coach air transportation from a major airport nearest winner’s home to Arusha, Tanzania, ground transportation to/from airport in Tanzania, overnight accommodations (tented camps) for six (6) nights, guided Safari tour (including game drives and flights to/from Northern Serengeti and Mahale), scheduled meals (as included in the tour package), and $1,000.00 spending money. Passport required for international travel; Visa required for Tanzania. Winner will be required to obtain necessary immunizations for travel to Africa. Approximate Retail Value (“ARV”): $11,700.00.
“Surfing in Molokai, Hawaii” Trip Prize (1): Trip for winner and one (1) guest to Maui, Hawaii. Trip consists of round-trip coach air transportation from a major airport nearest winner’s home to Maui, Hawaii, double-occupancy hotel accommodations for six (6) nights at the Hyatt Regency Maui (includes breakfast daily at hotel), mid-size rental car for seven (7) days, ferry transportation to Molokai for an island tour, lunch and surfing lessons in Molokai for one (1) day, and $1,000.00 spending money. Winner must possess a current valid driver’s license, valid major credit card, meet age requirements of rental car agency, and meet/comply with all terms and conditions of the rental car agency in order to rent vehicle. If winner (or winner’s guest) does not qualify for the rental car portion of prize, Sponsor reserves the right, in its sole discretion, to substitute the rental car portion of the prize with $375.00. ARV: $6,500.00.
“Yoga in Costa Rica” Trip Prize (1): Trip for winner and one (1) guest to Costa Rica. Trip consists of round-trip coach air transportation from a major airport nearest winner’s home to Costa Rica, ground transportation to/from airport and hotel in Costa Rica, double-occupancy hotel accommodations for six (6) nights at the Anamaya Resort and Spa, a “Body, Mind & Spirit Package Experience” consisting of ten (10) yoga lessons, five (5) surfing lessons, one (1) cooking class, one (1) salsa lesson, one (1) waterfall hike, and $1,000.00 spending money. Passport required for international travel. ARV: $7,500.00.
“Coffee in Panama” Trip Prize (1): Trip for winner and one (1) guest to Panama. Trip consists of round-trip coach air transportation from a major airport nearest winner’s home to Los Naranjos, Panama, ground transportation to/from airport and hotel in Panama, double-occupancy hotel accommodations for six (6) nights at the Finca Lerida Resort, coffee plantation tour and class, and $1,000.00 spending money. Passport required for international travel. ARV: $5,800.00.
“Scuba Dive in Brazil” Trip Prize (1): Trip for winner and one (1) guest to Guarujá, Brazil. Trip consists of round-trip coach air transportation from a major airport nearest winner’s home to São Paulo, Brazil, ground transportation to/from airport (in São Paulo) and hotel (in Guarujá), double-occupancy hotel accommodations for six (6) nights at the Casa Grande Hotel Resort & Spa (in Guarujá), scuba lessons, and $1,000.00 spending money. While on the trip, winner and guest receive two (2) days of scuba diving near Laje de Santos (one  dive per day). For each day of scuba diving, winner and guest should allow 5-6 hours for transportation and dives. Passport required for international travel; Visa required for Brazil. ARV: $5,915.00.
Applicable to all prizes: Travel must be completed within one (1) year of prize notification. Trip must be booked through Sponsor’s selected travel agency at least thirty (30) days prior to arrival. All spending money will be awarded in the form of a check, payable to winner. Travel and accommodations are subject to availability and change, including but not limited to selection of airline and hotel, at Sponsor’s sole discretion. Travel and accommodation restrictions (including blackout dates) and other additional restrictions may apply. Ground transportation and meals (other than as stated above, if any), gratuities, luggage fees, incidental hotel charges, and all other expenses not specified herein are solely the winner’s responsibility. Winner and travel guest must travel on same itinerary. Either the winner or winner’s travel guest must be twenty-one (21) years of age or older. Additionally, the travel guest must not be a minor under the laws of his/her state of residence unless the winner is the parent or legal guardian of the travel guest (and is twenty-one  years of age or older). Any minor travel guest must be accompanied on trip at all times (including, but not limited to, in-flight, hotel stay and all prize-related events) by the winner. Travel guest (or, if a minor, his/her parent or legal guardian who must be the winner) will be required to sign and return a travel release within the time specified by Sponsor before any travel occurs. Once the travel guest is selected, they may not be substituted, except in Sponsor’s sole and absolute discretion. Sponsor is not responsible for cancelled, delayed, suspended or rescheduled events (including the airline flights) or for any other acts or occurrences beyond its control. In the event a winner and/or a guest misses a scheduled airline flight or ground transportation, Sponsor will have no liability for any costs associated with changing or rebooking transportation. Winner and guest must have all necessary identification and/or travel documents (e.g. a valid driver’s license, passport and/or Visa) required for travel. Airline tickets are non-refundable/non-transferable and may not be valid for upgrades and/or frequent flyer miles. All airline tickets are subject to flight variation, work stoppages, and schedule or route changes. Winner and guest are also responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance. Lost, stolen or damaged airline tickets will not be replaced or exchanged. Actual retail value depends on city/day/time of departure.
BY ACCEPTING A PRIZE, WINNER AND HIS/HER GUEST ACCEPT THE INHERENTLY DANGEROUS NATURE AND RISK IN PARTICIPATING IN THEIR PRIZE AS DESCRIBED ABOVE INCLUDING PERSONAL INJURY AND/OR DEATH, ACKNOWLEDGE THAT PARTICIPATION IN AN EVENT IS VOLUNTARY, ACKNOWLEDGE THAT THERE ARE NATURAL FACTORS AND OCCURRENCES WHICH MAY IMPACT ON OR AFFECT THE SAFETY OF THE EVENT HE/SHE IS PARTICIPATING IN AND HE/SHE ASSUMES THE RISK OF SUCH FACTORS AND OCCURRENCES AND AGREES THAT SPONSOR AND ITS AGENCIES SHALL NOT BE IN ANY WAY RESPONSIBLE FOR ANY RESULTING INJURY AND/OR DEATH.
If a potential winner cannot or does not accept a prize as stated, prize may be forfeited in its entirety. No substitution, cash redemption or transfer of prize permitted. If a prize, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right to substitute prize with another prize of equal or greater value. Total ARV of all prizes: Up to $37,415.00. Any difference between the stated ARV of a prize and the actual value will not be awarded. All prize details not specified in the Official Rules will be determined in Sponsor’s sole and absolute discretion. All federal, state and local taxes, if any, on prizes and any other costs and expenses associated with prize acceptance and use not specified herein as being provided are solely winner’s responsibility. Unclaimed prizes will not be awarded. Winners will be issued an IRS 1099 tax form.
6. GENERAL CONDITIONS: As a condition of entering, participants agree (and agree to confirm in writing, if requested): (a) to release and hold harmless Sponsor, its parent, subsidiary and affiliated companies, advertising and promotion agencies, and all of their respective officers, directors, employees, representatives and agents (collectively, the “Released Parties”) and that such Released Parties shall have no liability whatsoever for and against any liability for any injuries, losses or damages of any kind to person(s) including, without limitation, death, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in this Sweepstakes or any Sweepstakes-related activities including, without limitation, travel thereto; and (b) that, except where legally prohibited, such winners grant (and agree to confirm that grant in writing) permission to Sponsor and those acting under its authority the right to the use of his/her name, picture, likeness, voice, biographical information and statements, at any time or times, for advertising, trade, publicity and promotional purposes without additional compensation, in all media now known or hereafter discovered, worldwide in perpetuity, and on the Internet and World Wide Web, without notice, review or approval, unless prohibited by law.
7. WINNER NOTIFICATION AND VERIFICATION: Potential winners will be notified via phone, email and/or mail at the phone number, email address or mailing address provided at the time of entering. Sponsor is not responsible for any change in participant’s phone number, email address or mailing address. Winners will be required to complete, sign and return an Affidavit of Eligibility, a Liability/Travel Release, and where lawful a Publicity Release (collectively, “Affidavit”) within seven (7) days of prize notification as indicated on the Affidavit. If (i) an attempted notification is returned as undeliverable, (ii) winner does not respond to the notification instructions as stated, (iii) any required documents are not returned within seven (7) days, (iv) a potential winner cannot be verified, or (v) a potential winner is otherwise unable to accept the prize as stated, the applicable prize may be forfeited, as determined by Sponsor in its sole discretion.
8. LIABILITY LIMITATIONS: Released Parties are not responsible for lost, late, misdirected, incomplete, or non-delivered entries or email; or for interrupted or unavailable satellite, network, server, Internet Service Provider (“ISP”), Website, telephone or other connections, availability or accessibility, or miscommunications, or failed computer, satellite, telephone or cable transmissions, or lines, or technical failure or jumbled, corrupted, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures, or technical errors or difficulties, or other errors of any kind whether human, mechanical, electronic or network or the incorrect or inaccurate capture of an entry or other information or the failure to capture, or loss of, any such information. Persons who tamper with or abuse any aspect of this Sweepstakes or otherwise attempt to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unfair playing practices or intending to annoy, abuse, threaten or harass any other participants or Sponsor representatives, as solely determined by the Sponsor, will be disqualified. Any use of robotic, automatic, macro, programmed or like entry methods will void all such entries by such methods, and disqualify any participant using such methods. Released Parties are not responsible for injury or damage to participant’s or to any other person’s computer related to or resulting from participating in this Sweepstakes or downloading materials from or use of the Website. Should any portion of the Sweepstakes be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention, technical failures or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, Sponsor reserves the right, at its sole discretion, to suspend, modify or terminate the Sweepstakes, and select the potential winner(s) for the drawing(s) at issue in a random drawing from all non-suspect, eligible entries received for the drawing(s) at issue prior to action taken or as otherwise deemed fair and appropriate by Sponsor. Released Parties are not responsible for any incorrect or inaccurate information, whether caused by Website users, human error, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes, and assume no responsibility for any error, interruption, deletion, defect, delay in operation, or transmission, communications line failure, theft or destruction, or unauthorized use of this Website. In case of a dispute, the authorized account subscriber of the email address used to enter the Sweepstakes at the actual time of entry will be deemed to be the participant, and must comply with these Official Rules. The authorized account subscriber is deemed to be the natural person who is assigned the email address by the ISP or other organization responsible for assigning email addresses.
IN NO EVENT, WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEBSITE OR DOWNLOADING FROM AND/OR PRINTED MATERIAL DOWNLOADED FROM SAID WEBSITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS WEBSITE IS 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 OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO DISQUALIFY AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
9. BINDING ARBITRATION: Any controversy or claim arising out of or relating to this Sweepstakes shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply New Jersey law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty (60) days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE PARTICIPANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN SPONSOR’S SWEEPSTAKES, EACH PARTICIPANT AND PRIZE WINNER AGREES (AND AGREES TO CONFIRM IN WRITING IF REQUESTED) THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED INCLUDING ANY TRAVEL OR PRIZE ACTIVITY RELATED THERETO, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT OR PRIZE WINNER BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) PARTICIPANT AND PRIZE WINNER’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY PARTICIPANT.
10. CHANGES: Sponsor may, in its sole determination, cancel or modify any aspect of the Sweepstakes or Official Rules for any reason which Sponsor, in its sole opinion, deems affects the promotion, execution or administration of the Sweepstakes (whether tampering, technical or human error, application of new or existing laws/regulations, or other issues).
11. RULES INTERPRETATION: The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. Sponsor’s or Administrator’s failure to enforce any term of these Official Rules does not constitute a waiver of that provision. By entering this Sweepstakes, you waive any right to claim ambiguity in these Official Rules.
12. GOVERNING LAW AND JURISDICTION: By participating, participants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, participant’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 New Jersey without giving effect to any choice of law or conflict of law rules, and any matters or proceedings which are not subject to arbitration as set forth in these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of New Jersey, in Mercer County, New Jersey. By participating, participants consent to the jurisdiction and venue of the federal, state and local courts located in Mercer County, New Jersey.
13. WINNERS LIST: For the names of the winners, send a self-addressed, stamped envelope to: Bai Experiences Are Your Ingredients Sweepstakes Winners List, 10 South 5th Street-7th Floor, Dept. 1210-700, Minneapolis, MN 55402 for receipt by October 2, 2017.
14. SPONSOR: Bai Brands LLC, 1800 E State St., Trenton, New Jersey 08609.
15. ADMINISTRATOR: Young America, LLC, 10 South 5th Street, 7th Floor, Minneapolis, MN 55402
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