Talbott Teas Find Balance Sweepstakes Official Rules
Talbott Teas® Find Balance Sweepstakes
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT INCREASE YOUR CHANCE OF WINNING. This Sweepstakes is intended for participants who are legal residents of the United States only and 18 years of age or older at the time of entry. Do not enter if you are not located in the United States at the time of entry. Subject to all applicable federal, state, and local laws and regulations. Void where prohibited.
HOW TO ENTER
- Talbott Teas Website Entry Submission
- Enter your name and email address.
Ten (10) winners will be selected to receive a Talbott Teas “Prize”. Entrants will be randomly selected from all submissions. Each potential winner will be notified via email.
TERMS AND CONDITIONS
- Eligibility: The Talbott Teas Find Balance Sweepstakes (“Sweepstakes”) is open only to legal residents of the United States whoare at least eighteen (18) years old. Employees, directors and officers of Jamba Juice Company (“Sponsor”), and the advertising, fulfillment and judging/Sweepstakes agencies involved in the administration, development, fulfillment and execution of the Sweepstakes (collectively, the “Sweepstakes Parties”), as well as the immediate family (spouse, parents, siblings, and children) and household members of the Sweepstakes Parties, are not eligible to enter.
- Entry Period: The Sweepstakes begins at 9:00 a.m. CST on Thursday, September 17, 2015 and ends at 9:00 p.m. CST on Wednesday, September 30 2015 (the “EntryPeriod”). Sponsor’s computer is the official time-keeping device for the Sweepstakes.
- Agreement to Official Rules: By entering, you indicate your full and unconditional agreement to, and acceptance of, these Official Rules andSponsor’s decisions, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth in these Official Rules.
- How to Enter: During the Entry Period, the entrant must enter entrants name and e-mail address on the “Finding Balance Sweepstakes” blog post on the TalbottTeas.com website. The entrant must provide a valid email address. Sponsor reserves the right to disqualify any entry that fails to comply with these Official Rules. Access to the website is free; standard data charges may apply. By providing an entry response, entrant grants Sponsor a universal, no-cost,perpetual license to use, reproduce, and distribute the response, and to sub-license the right to use, reproduce, and distribute the response, in whole or in part, in any medium.
- Selection of Winning Entries: Sponsor will select ten (10) potential winners from the website poll at the end of entry period based on a random drawing of all qualified entrants. Winning names will be chosen and notified by 11:59 p.m. CST on Tuesday October 6, 2015. The decision will be made by the sponsor and is solely ours andfinal. Chances of winning depend on the number of entries.
- Notification and Requirements of Potential Winners: To notify a potential winner, Sponsor will email the entrant directly. The potential winner will be instructed to respond to Talbott Teas to obtain instructions on how toclaim the Prize (defined below).
Any potential winner who cannot be contacted by e-mail within ten (10) days of attempted first notification will forfeit his/her prize. The potential Prize Winners will be required to provide their mailing address for receipt of the Prize.
Acceptance of a Prize shall constitute and signify the Prize Winners agreement and consent that Sponsor and its designees may use the Prize Winner’s name, city, state, likeness, photo, and/or prize information in connection with the Sweepstakes for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law. Sponsor and its agents shall not be held responsible for any delays in awarding any prizes for any reason.
7. Prize: Ten (10) winners will receive a Talbott Teas Prize Pack, consisting of a Spa Infusion Essentials Gift Set, 3 Cube Variety Set, and a Citrus Appeal loose leaf tea tin (the “Prize”).
The total approximate retail value (“ARV”) of each Prize pack is $81.00 USD. The ARV is subject to change based on current market conditions at the time of Prize fulfillment. Any difference between the ARV and the actual value, if any, will not be awarded. A winner is responsible for paying any applicable income taxes and any and all other costs and expenses not listed above. Any Prize details not specified above will be determined by Sponsor, in its sole discretion.
A Prize may not be transferred and must be accepted as awarded. A winner may not request cash or a substitute prize; however, Sponsor reserves the right to substitute a Prize with another prize of equal or greater value if the Prize is not available for any reason, as determined by Sponsor, in its sole discretion.
INTERNET CAUTION: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING CRIMINALPROSECUTION. This Sweepstakes is offered only in the United States and is governed by the laws of the state of California, without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 10 of these Official Rules and/or for entering any judgment on an arbitration award shall take place in the federal or state courts in Alameda County, California.
- Release and Limitations of Liability: By entering, you agree to release and hold harmless the Sweepstakes Parties from and against any claim orcause of action arising out of participation in the Sweepstakes or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Sweepstakes; (b) technical errors related to computers, servers, providers, or telephone or network lines;; (c) printing errors; (d) lost, late, postage-due, misdirected, or undeliverable mail; (f) errors in the administration of the Sweepstakes or the processing of entries; or (f) 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 Sweepstakes or receipt or use of any Prize. You waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
- Disputes: Any controversy or claim arising out of or relating to this Sweepstakes shall be settled by binding arbitration in a location determined by thearbitrator 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 California 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, Jamba Juice Company 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 Jamba Juice Company shall be entitled to arbitrate their dispute. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE 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 A JAMBA JUICE COMPANY PROMOTION, EACH ENTRANT AGREES 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 PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, CLASS ARBITRATION OR CONSOLIDATED ACTION OR ARBITRATION; (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 ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR,AND ENTRANT 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) ENTRANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT 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 ENTRANT.
- Privacy and Publicity: Except in Tennessee, and where prohibited by law, each entrant agrees and grants Jamba Juice permission to makeavailable and display/perform and otherwise distribute entrants’ names and photo submission in all media (including posting on websites) in perpetuity without compensation. Except where prohibited, participation in the Sweepstakes constitutes an entrant’s consent to Sponsor’s use of his/her name, likeness, voice, opinions, biographical information, and city and state of residence for promotional purposes in any media without further payment or consideration.
- Sponsor: The Sweepstakes is sponsored by Talbott Teas, 6475 Christie Ave #150, Emeryville, California, 94608.
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