Simply Citrus 3 Month Fruit Club Giveaway Sweepstakes
Indrio Brands, LLC
Official Rules
No Purchase Necessary to Enter or Win
Open Only to Legal United States Residents
Void in Alaska, Arizona, California, Hawaii, Louisiana, Puerto Rico, Rhode Island and Texas, and Where Prohibited by Law
PRIZE: Subject to the provisions of these Official Rules, during the Promotion Period (as defined below) of the Simply Citrus 3 Month Fruit Club Giveaway Sweepstakes (this "Promotion"), Indrio Brands, LLC, a Florida limited liability company (the "Sponsor"), will give [one][1] winner (the "Winner") Simply Citrus Club (the "Prize"). THE TOTAL MAXIMUM VALUE OF THE PRIZE AWARDED TO THE WINNER DURING THE PROMOTION PERIOD WILL BE LESS THAN $5,000 U.S. AT SPONSOR'S SOLE DISCRETION, SPONSOR MAY REPLACE THE PRIZE WITH ANY SUBSTITUTE PRIZE OF COMPARABLE VALUE.
ENTRY PERIOD: This Promotion begins at 9:00 a.m. Eastern Time on January 14, 2022 and ends at 5:00 p.m. Eastern Time on January 21, 2022 (the "Promotion Period").
HOW TO ENTER: Subject to the "Conditions of Entry" below, there are two ways to enter. You may enter this Promotion on Facebook or by regular mail. All entries must be received by Sponsor during the Promotion Period. Only one entry is permitted per person.
- Enter on Facebook:
You may enter this Promotion on Facebook by following the instructions posted to Facebook by Sponsor.
- Enter by mail:
You may also enter this Promotion by mail by doing the following: on a plain 3" x 5" card, legibly handprint or type your name, complete street address, city, state, zip code, daytime telephone number, age and email address and mail the letter to: Simply Citrus 3 Month Fruit Club Giveaway Sweepstakes, 1650 90th Ave., Vero Beach, FL 32966. Entries become the property of Sponsor and will not be returned. Illegible and incomplete entries are void. Sponsor is not responsible for lost, late, mutilated, postage due, misdirected entries or entries not received. For the avoidance of doubt, and regardless of when any such mail entry is postmarked, all mail entries that are actually received by the Sponsor following the end of the Promotion Period shall be void.
CONDITIONS OF ENTRY: No purchase is necessary to enter this Promotion. This Promotion is open only to natural persons who (i) are legal United States residents (except for residents of Alaska, Arizona, California, Hawaii, Louisiana, Puerto Rico, Rhode Island or Texas), (ii) are 18 years of age or older or have reached the age of majority required by their state of residence to be reached in order to enter a sweepstakes, if such age of majority is greater than 18 years of age and (iii) have agreed to these Official Rules. Employees and/or agents of Sponsor (and/or any of its subsidiaries, affiliates and/or divisions) and of agents of Sponsor (and/or any of its affiliates, subsidiaries and/or divisions) and their respective affiliates, parent organizations, subsidiaries, divisions, trade partners, advertising and promotion agencies and associated marketing firms and other vendors and the respective immediate families of such employees, including, without limitation, household members, are not eligible to participate in this Promotion. Sponsor reserves the right to verify eligibility qualifications of the Winner.
Any use of robotic, mechanical, automatic, programmed or like methods of participation will void each entry made by such methods. Sponsor will not verify receipt of entries. Sponsor is not responsible for lost, late, misdirected, illegible or damaged mailed entries. Any attempted form of entry into this Promotion other than as described in these Official Rules, and any incomplete entry, is void. Entries that are in violation of these Official Rules will be disqualified. Should Sponsor suspect or determine actual or attempted (i) fraud, tampering, impairment or disruption of the administration, security, fairness or proper play of this Promotion or (ii) violation of these Official Rules, Sponsor reserves the right, in its sole discretion, to void any and all entries of an entrant, or suspend or prohibit the participation of any person, who Sponsor determines, in its sole discretion, is responsible or otherwise involved with such acts.
ODDS OF WINNING: Odds of winning will vary depending on the number of eligible entries received.
CONSENT TO PUBLICITY AND USE: Except where prohibited, each entrant by acceptance of a Prize grants to Sponsor and its subsidiaries, affiliates and assigns the absolute and worldwide right, license and permission and consent to use, in any manner or media whatsoever, such entrant's name, voice, photograph (including, without limitation, on web pages maintained by Sponsor and/or any of its subsidiaries and/or affiliates), biographical information (including, without limitation, hometown and state), email address and/or likeness for any promotional and/or publicity purposes.
SELECTION AND NOTIFICATION OF THE WINNER: Subject to these Official Rules, a designated official of Sponsor or a third party designated by Sponsor will select the Winner by means of a random drawing from among all eligible entrants on, around or before the [20th][2] day following the end of the Promotion Period. The Winner will not be required to be present at the time the Winner is selected.
Following the selection of the Winner, the Winner will be notified by email. The Winner must claim the Prize within 14 days after the date of Sponsor's first notification attempt, which shall be the first date notification is sent if by email. The Winner must claim the Prize in the manner indicated in Sponsor's notification of the Winner. For the avoidance of doubt, the Winner must continue to comply with these Official Rules.
If the Winner fails to claim the Prize within such 14-day time period, is found to be ineligible, fails to comply with these Official Rules, or fails to meet the requirements hereof, the Winner will be disqualified and an alternate Winner, randomly selected from the remaining eligible entries, at Sponsor's sole discretion, will be contacted. Sponsor's decisions with respect to the Winner and other matters pertaining to this Promotion shall be final.
REQUIREMENTS OF THE WINNER: The Winner will be required to sign an Affidavit of Eligibility and Release of Liability for Participation, Publicity and Use (the "Affidavit") as a part of determining the Winner's eligibility to win the Prize and, prior to, and as a condition of, the Winner’s acceptance and use of the Prize. If the Winner's Affidavit and all other documents required by Sponsor, in its sole discretion, are not completed as specified, are not received by Sponsor within 14 days of notification, or, after Sponsor's receipt of the Affidavit from that Winner, that Winner is found to be an ineligible entrant, that Winner's entry will be disqualified and an alternate Winner, randomly selected from the remaining eligible entries, at Sponsor's sole discretion, will be contacted. Sponsor will issue the Prize to the Winner within eight weeks of Sponsor's receipt of the Affidavit and such other documents.
TO RECEIVE WINNER NAME OR OFFICIAL RULES: To request the name of the Winner or a copy of these Official Rules, mail your request, along with a self-addressed stamped envelope (residents of Washington state and Vermont need not include postage) to: Simply Citrus 3 Month Fruit Club Giveaway Sweepstakes, 1650 90th Ave., Vero Beach, FL 32966. Please specify whether you are requesting the name of the Winner or a copy of the Official Rules. Requests for the name of the Winner or a copy of these Official Rules received more than 90 days after the end of the Promotion Period will not be honored.
SPONSOR: Indrio Brands, LLC, a Florida limited liability company, is the sponsor of this Promotion.
FACEBOOK ET AL. ARE NOT SPONSORS: This Promotion is in no way sponsored by, endorsed by, administered by or associated with any of Apple Inc. (“Apple”), Amazon.com, Inc. (“Amazon”), Facebook Inc. (including, without limitation, the Facebook and Instagram platforms) (“Facebook”), LinkedIn Corporation (“LinkedIn”), Twitter, Inc. (“Twitter”), Google LLC (“Google”), YouTube, LLC (“YouTube”), Snapchat, Inc. (“Snapchat”) or Vimeo, LLC (“Vimeo”).
GENERAL CONDITIONS: Florida law governs this Promotion. Void where prohibited. Sponsor reserves the right to cancel or modify this Promotion if fraud, misconduct or technical failures, or any other factor beyond Sponsor's reasonable control impairs the integrity of this Promotion, as determined by Sponsor, in its sole discretion, or if a computer virus, bug or other technical problem corrupts the administration or security of this Promotion as determined by Sponsor, in its sole discretion. In the event that Sponsor cancels or modifies this Promotion, Sponsor will post to its web page or a Facebook account maintained by Sponsor notice that this Promotion has been canceled or modified. In such event, Sponsor reserves the right to award the Prize at random from among any eligible entries received up to the time of the impairment or in any other method selected by Sponsor, in its sole discretion. Sponsor reserves the right in, its sole discretion, to change the date of the Promotion Period, with or without notice, in the event of technical failure, or for any other reason. THE WINNER IS SUBJECT TO VERIFICATION BY SPONSOR. SPONSOR'S DECISION IS FINAL AND BINDING IN ALL MATTERS RELATED TO THIS PROMOTION. AN ENTRANT IS NOT A WINNER OF THE PRIZE UNLESS AND UNTIL THAT ENTRANT'S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. Any attempt by any person to deliberately damage or undermine the legitimate operation of this Promotion may be a violation of criminal and/or civil laws. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of Sponsor's ability to enforce its rights. Any taxes due on the Prize won will be the sole responsibility of the Winner. The Prize is non-transferable, except in accordance with the laws of descent and distribution. Neither Sponsor nor any subsidiary or affiliate of Sponsor will enter into correspondence, including, without limitation, email, regarding this Promotion. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained within these Official Rules.
Expenses not specifically stated as part of the Prize and all expenses not specifically identified as being included in the Prize, are the sole responsibility of the Winner. All taxes, fees and surcharges related to the Prize, if any, are the sole responsibility of the Winner. The Prize shall not be used in connection with any other promotion or offer.
DISPUTES: Each entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Promotion shall be resolved individually, without resort to any form of class action, and exclusively by the Federal or Florida state courts of record in Indian River County, Florida, (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including, without limitation, costs associated with entering this Promotion, but in no event shall such costs include attorneys' fees and (iii) under no circumstances will an entrant be permitted to obtain awards for, and, by entering this Promotion, entrant waives all rights to claim punitive, indirect, special, incidental and consequential damages and any other damages (other than for actual out-of-pocket expenses described in subsection (ii), above) and any and all rights to have damages multiplied or otherwise increased. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above may not apply. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with this Promotion, shall be governed by, and construed in accordance with, the laws of the State of Florida, without giving effect to any choice of law or conflict of law rules (whether of the State of Florida or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Florida. All Florida state and local laws and regulations apply.
INDEMNIFICATION AND RELEASE: Each entrant agrees to defend, indemnify and hold Sponsor, Apple, Amazon, Facebook, Linkedin, Twitter, Google, YouTube, Snapchat and Vimeo and their respective subsidiaries, affiliates and divisions and their respective representatives, attorneys, assigns, agents and licensees and their respective affiliates, equity holders, officers, directors, managers, agents, co-branders, associated marketing firms, advertisers and sponsors or other partners and any of their employees (each, including without limitation, Sponsor, Apple, Amazon, Facebook, Linkedin, Twitter, Google, YouTube, Snapchat and Vimeo, a "Released and Indemnified Party," and collectively, including, without limitation, Sponsor, Apple, Amazon, Facebook, Linkedin, Twitter, Google, YouTube, Snapchat and Vimeo and Facebook, the "Released and Indemnified Parties"), harmless from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions and suits of any kind whatsoever (no matter whether at law or equity), fees, costs and attorneys' fees (including, without limitation, appellate level) whatsoever (each, a "Claim," collectively, "Claims"), brought or asserted by any third party against any of the Released and Indemnified Parties arising out of or in connection, directly or indirectly, with the entrant's entry in this Promotion, participation in this Promotion, this Promotion, the Prize and/or use or misuse of the Prize.
By entering this Promotion, each entrant agrees to release, discharge and hold harmless each Released and Indemnified Party from and against any injury, loss, claim, cause of action or damages arising out of or in connection with, indirectly or directly: (i) entry or participation in this Promotion; and/or (ii) acceptance, use, or misuse of the Prize.
LIMITATIONS OF LIABILITY: Sponsor is not responsible for: (i) electronic, human, United States Postal Service, equipment programming or other error, omission, interruption, defect or delay which may occur in the administration of this Promotion or the processing of any entry, the Prize, in the Official Rules or in any other materials related to this Promotion; (ii) technical failures of any kind, including, without limitation, the malfunctioning of any electronic equipment, computer, Internet, web site, network, hardware or software, a computer virus, bug or other technical problem; (iii) unauthorized human intervention in any part of the entry process or this Promotion; (iv) any entrant's conduct in connection with this Promotion, (v) any printing, typographical or technical errors in any materials associated with this Promotion or the Prize, (vi) incorrect, inaccurate, late, lost, stolen, illegible, incomplete or misdirected entries or entries received through impermissible or illegitimate channels; or (vii) any death, injury or damage to persons or property, which may be caused, directly or indirectly, in whole or in part, from an entrant's entry or participation in this Promotion or use or misuse of the Prize.
PRIVACY NOTICE: Entrants should read the "Privacy Policy" located at https://indrio.com/privacy/. Information collected from entrants is subject to such Privacy Policy. For the avoidance of doubt, all information provided by entrants to Sponsor in connection with each such entrant's participation in this Promotion is being provided to Sponsor and not to Apple, Amazon, Facebook, Linkedin, Twitter, Google, YouTube, Snapchat or Vimeo.
[1] DRAFTING NOTE: Update if there will be more than one Winner.
[2] DRAFTING NOTE: Revise as needed.