Garden of Life® Sun Run 5K Challenge Sweepstakes (“Sweepstakes”)
April 29, 2017 at PGA National Resort & Spa, Avenue of the Champions,
Palm Beach Gardens, Florida
OFFICIAL RULES (“Official Rules”)
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT
IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
By entering the Sweepstakes or accepting the Prize, you agree to these Official Rules.
- Sponsor: Sponsored and administered by Garden of Life LLC, 4200 Northcorp Parkway, Suite 200, Palm Beach Gardens, FL 33410 (“Garden of Life” or “Sponsor”).
- Overview/How to Enter: As part of the Garden of Life® 2017 Sun Run 5K Challenge, we want to help you meet your fitness goals! All race registrants will be included in a random drawing to be held at the end of the race for a chance to win the Prize. Alternative method of entry: To enter the Sweepstakes without registering for the race, send an e-mail to Garden of Life at gol5K@gardenoflife.com, including “2017 Sun Run 5K Sweepstakes Entry” in the Subject line and your first and last name, mailing address and phone number in the body of the email. All Sweepstakes entries, regardless of method, must be received by April 29, 2017 at 7:00 am Eastern Time (“ET”).
No mechanically reproduced entries accepted. The use of any device or software to automate the entry process is prohibited. Sponsor is not responsible for lost, late or misdirected entries or other communications relating to this Sweepstakes. Incorrect, illegible, corrupt, and incomplete entries are void. Sponsor is not responsible for technical, hardware or software malfunctions, typographical or printing errors, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, lost, late, misdirected, garbled or delayed entries, notices or other communications or other technical problems or human error related to the Sweepstakes or Sweepstakes entries. Multiple entrants are not permitted to share the same email account. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email accounts, identities, registrations and logins, or any other methods may void that entrant’s entries and that entrant may be disqualified. Sponsor, in its sole discretion, reserves the right to disqualify any person who tampers with the entry process or the operation of the Sweepstakes, or who otherwise violates these Official Rules. Sponsor shall be the official timekeeper for the Sweepstakes.
- Eligibility: Open only to legal residents of the state of Florida age 19 (nineteen) or older at the time of entry. Winner will be required to show proof of current insurance and a valid driver’s license at or before time of prize delivery. Sponsor and its respective parents, subsidiaries, sales representatives, advertising and promotion agencies or service providers involved in the Sweepstakes, and each of their respective officers, directors, agents and employees (collectively, the “Promotion
Entities”) are ineligible to enter the Sweepstakes or to win the Prize. One Entry per person, regardless of entry method. Identity and eligibility is subject to verification. Void where prohibited by law. Subject to all applicable federal, state and local laws. All Entries become the property of Sponsor.
- Prize: One (1) 2017 Honda® FIT 5dr HB EX vehicle, approximate retail value $19,335.00 (nineteen thousand, three hundred and thirty-five dollars) and an award of $3,000 (three-thousand dollars). Prize is nontransferable, and no substitution, exchange or cash redemption of Prize will be permitted, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize of equal or greater value. Winner is solely responsible for all taxes arising from receipt, acceptance or use of Prize (including sales, income and property tax, if applicable), and for delivery, processing and handling fees, insurance costs, surcharges, registration, title and license fees and all other costs incurred in claiming, registering or using Prize. Winner will be required to complete an IRS Form W-9, which requires disclosure of Winner’s social security or other ID number, and an IRS Form 1099 reflecting the value of Prize will be issued to the Winner as required by law.
Prize will include either standard features or such features as Sponsor may determine, in its sole discretion; any additional options or modifications, if available, shall be Winner’s responsibility. Color subject to availability. Any vehicle displayed or pictured in promotional materials may not be the actual vehicle awarded; Sponsor in its sole discretion may elect to substitute another vehicle of the same or like model and style in the event of scarcity due to limited production or unavailability for any other reason. Prize must be accepted “as is,” and no warranties will be provided by Sponsor.
- Odds of Winning: Depend on the number of eligible entries received.
- Winner Selection and Notification: One winner will be selected by random drawing to be conducted by Sponsor at the conclusion of the race. Winner will be announced at time of drawing and must be present to win. Winner may be required to show identification and complete an affidavit of eligibility, Form W-9, liability release and, where lawful, a publicity release. Decisions of Sponsor shall be based on its discretion and interpretation of these Official Rules, and are final and binding in all respects. For purposes of awarding the Prize, Sponsor is entitled to rely on information received through the email account that submitted the winning entry. In the event of a dispute as to the identity of any entrant, the authorized account holder of the email address used to enter the Sweepstakes will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each potential winner may be required to show proof of being an authorized account holder. If announced winner is not present at time of winner announcement, or does not claim the Prize at that time, Prize will be forfeited and Sponsor may select another winner from the remaining eligible entries.
Prize will be delivered as arranged by Sponsor, and Winner will be required to take delivery from a dealership or facility selected by Sponsor. Subject to manufacturer/distributor/dealer production and delivery schedules, Prize will be made available no later than one hundred and eighty (180) days after the drawing. Failure to accept possession of vehicle within the time specified in the prize notification may result in Prize being forfeited and awarded to an alternative winner.
Winner must be present at the dealership or facility for pick up and provide proof of a valid driver’s license and legally required automobile insurance covering the vehicle, along with any other documentation required by law, in order to claim the vehicle. Winner is solely responsible for registering and insuring the vehicle and for payment of all associated fees and taxes.
- General: Sponsor reserves the right, in its sole discretion, to cancel, terminate or modify this Sweepstakes if fraud, technical failures or any factor beyond Sponsor’s reasonable control threatens to impair the administration, integrity, legality, fairness or proper functioning of the Sweepstakes or makes it impracticable to complete. Sponsor further reserves the right, in its sole discretion, to cancel, terminate or modify the Sweepstakes in the event of tampering, and/or to disqualify any person who violates these Official Rules or attempts to tamper with any aspect of the Sweepstakes. Sponsor reserves the right to cancel the Sweepstakes in the event of race cancellation, termination, or postponement due to weather or other factors.
- Release: Neither Sponsor nor any of the other Promotion Entities shall be responsible for: (1) any incorrect or inaccurate information, whether caused by Entrant, Sponsor, or any printing or typographical errors or equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind including, but not limited to, malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (5) late, lost, misdelivered, destroyed, unintelligible or undeliverable entries or notifications; or (6) any 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 any Sweepstakes-related activity, or the receipt, use or misuse of any prize. All Entrants acknowledge that the Promotion Entities have not made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relating to Prize, including but not limited to, its quality, mechanical condition or fitness for a particular purpose.
- Limitations of Liability: To the fullest extent permitted by law, by entering the Sweepstakes and/or accepting Prize, each Entrant agrees to release, defend, indemnify and hold harmless the Promotion Entities from and against any and all claims, damages, costs, liabilities, losses or causes of action related in any way to the operation of or such Entrant’s participation in the Sweepstakes and any other
claims, damages or liabilities, including without limitation any injuries, damages or losses to any person (including death) or property of any kind resulting, in whole or in part, directly or indirectly, from Entrant’s acceptance, possession, use or misuse of Prize or participation in the Sweepstakes. Under no circumstances will any Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim punitive, incidental, consequential, or any other damages, court costs, or attorney’s fees, other than for actual out-of-pocket expense not to exceed fifty dollars ($50.00). If for any reason an Entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Entrant’s sole remedy is another Entry in the Sweepstakes if available.
- Disputes: To the fullest extent permitted by law, by entering the Sweepstakes, each Entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with the Sweepstakes or Prize shall be resolved individually, without resort to any form of class action, and exclusively by the state or federal courts located in Florida; (2) under no circumstances will any Entrant be permitted to obtain awards for, and each Entrant hereby waives all rights to claim punitive, incidental, consequential, or any other damages, court costs, or attorney’s fees, other than actual out-of-pocket expense not to exceed fifty dollars ($50.00); and (3) any and all claims, judgments, and awards shall be limited to such actual out-of-pocket costs incurred, including any costs associated with entering the Sweepstakes, not to exceed fifty dollars ($50.00). To the fullest extent permitted by law, Entrant expressly waives any right to claim or recover attorney’s fees or court costs. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of any Entrant and Sponsor in connection with the Sweepstakes, 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 which would cause the application of the laws of any jurisdiction other than the State of Florida.
- Trademarks: Company names and trademarks associated with Prize are used solely to identify Prize. No endorsement, authorization, sponsorship, or approval of prize manufacturers or trademark owners is intended or implied by such use. All referenced company names and trademarks are registered and unregistered trademarks or copyrights of their respective owners.
- Publicity: Except where prohibited by law, participation in the Sweepstakes constitutes Winner’s consent to Sponsor’s and its agents’ use of winner’s name, image, likeness, photograph, voice, sound and video recordings, statements, opinions and/or hometown and state for advertising and promotional purposes in any media now existing or later developed, worldwide, without further payment or consideration, in perpetuity, without notice or review or approval.
- Privacy: All Entrants acknowledge that if they are chosen as a winner, certain of their personally identifying information may be disclosed to third parties at least as required by law, including, without limitation, on a winner’s list. All personal
information submitted as part of any Garden of Life Sweepstakes may be shared by and between the Promotion Entities.
- Facebook Disclaimer. For any Garden of Life Sweepstakes taking place on Facebook, Entrants should understand that they are providing their information to the Sponsor and not to Facebook. Such promotions are in no way sponsored, endorsed or administered by, or associated with Facebook. By entering or participating in this Sweepstakes, you agree to release Facebook from any claims, known or unknown, in connection with the Sweepstakes.
Winners List/Copy of Rules. To receive a list of the Prize Winner or an additional copy of these Official Rules, send a self-addressed, stamped business-size (#10) envelope, within six months of the Sweepstakes, to 2017 Sun Run 5K Challenge Sweepstakes, Garden of Life LLC 4200 Northcorp Parkway, Suite 200, Palm Beach Gardens, FL 33410.