GRACE® “Summer Beverage” Sweepstakes
NO PURCHASE NECESSARY TO ENTER OR WIN. Void where prohibited or restricted by law.
ELIGIBILITY: The GRACE® Brand “Summer Beverage” Promotion
(“Promotion”) is offered and open to residents of the 50 United States & D.C., (defined herein as “U.S.”) who are 18 years of age or older. Employees, officers and directors of Grace Kennedy Foods (USA), LLC (“Sponsor”, “GRACE”), Cable & Wireless Communications Inc. (“FLOW”), and individuals and entities involved in the execution, preparation of materials and/or administration of this Promotion (collectively, the “Promotion Entity”), and their immediate family members (spouse, siblings, children and parents including foster and step-relations) and those living in the same household as such individuals (whether or not related) are not eligible to enter.
PROMOTION PERIOD/MONTHLY ENTRY PERIODS: The Promotion begins on or about 12:00 am Eastern Time (“ET”) on or about July 1, 2018, 12:00 a.m. to September 30, 2018, 11:59 p.m. (“Promotion Period”). All time referenced herein is Eastern Time. This Promotion consists of individual instant phone credit prizes of not less than 8,800 winners and three (3) grand prizes. All non-winning entries for instant prizes shall be eligible for one of three (3) grand prizes during the Promotion Period. Sponsor’s server time-keeping device shall be the official time keeping device for the Promotion. PARTICIPANTS ARE SOLELY RESPONSIBLE FOR DETERMINING THE CORRESPONDING TIME ZONE IN THEIR RESPECTIVE JURISDICTIONS; PROMOTION ENTITY DISCLAIMS ALL LIABILITY AND RESPONSIBILITY RELATING THERETO. Sponsor reserves the absolute right to cancel, terminate or modify the Promotion or any element thereof by providing contemporaneous notice on the Website.
AGREEMENT BY ENTRANT: All Entries, entrants and participation in this Promotion shall be governed by these Official Rules. By participating in the Promotion, each entrant fully and unconditionally agrees to be bound to these Official Rules, any additional instructions, terms and conditions specific to the Promotion communicated by Sponsor, and the decisions of the Sponsor (including its authorized representatives), which are final and binding in all matters pertaining to the Promotion.
HOW TO ENTER AND CLAIM PROMOTIONAL PRIZE: During the Promotion Period, there are two ways to enter:
1. WITH PURCHASE: Purchase your favorite Grace Tropical Rhythms or Grace Aloe Vera (500 ml) beverages (collectively, the “Grace Beverages”) at any retailer of Grace Beverages. Twist and pop the bottle cap to determine the inscription of a promotional CODE inside the bottle cap. Text your CODE to Flow service provider at 70624, or as directed. Platform provider will respond via text to your CODE to inform you of whether you are an instant winner and direct you to http://mpage.info/flowgkpromotion in order to claim your instant prize.
2. WITHOUT PURCHASE: A Participant can request a promotional CODE without purchasing any Grace Beverages by requesting a promotional CODE at the Sponsor website – http://www.gracefoods.com, or as directed. Mail-in requests MUST BE HANDWRITTEN. The outer envelope of the mailed in request must include a return address in the upper left hand corner that matches the requestor’s street address. The mailed in request must be postmarked no sooner than July 1, 2018 and no later than September 30, 2018 to 230 Moonachie Avenue, Moonachie, New Jersey 07074. Requests including a mailed in envelope that is photocopied, hand-stamped, computer-generated or otherwise mechanically or digitally produced or reproduced, or that otherwise fail to comply with these Official Rules will NOT be honored, acknowledged or returned, and the persons submitting such requests will forfeit any corresponding postage and envelope.
GRAND PRIZE(S) WITH OR WITHOUT PURCHASE: All
participants shall be eligible to enter the grand prize drawings with a participant promotional code received from the purchase of a Grace Beverage, an online request or via mail in request.
DRAWINGS/ODDS/WINNER SELECTION & NOTIFICATION: ONE WINNER PER MOBILE DEVICE. During the Promotion Period, Sponsor shall determine the instant prizes redeemed at http://mpage.info/flowgkpromotion. Sponsor or its authorized designee will notify the instant prize winner(s) via the social media platform or email provided with instructions on how to submit his/her name, email and/or physical address, phone number and any other required information in order for Sponsor to verify eligibility and deliver the prize. Potential winners must timely follow all instructions or else prize will be forfeited. Potential Grand Prize winners will be required to sign, have notarized and return an Affidavit of Eligibility
and Liability/Publicity Release (except where prohibited) and any other requested documents (“Release Documents”) within the time specified by Sponsor, or prize will be forfeited in its entirety and awarded to (an) alternate winner(s). Travel companion of Grand Prize winners must be 18 or older (or have reached the age of majority in their state of legal residence) and will be required to sign, have notarized and return a Liability and Publicity Release within the time specified by Sponsor.
Promotion Entity is not responsible for any undelivered telephone calls, messages, e-mails, or any other communications, including, but not limited to, those that are not received because of the social media platforms’ or entrant’s privacy or GRACE filter settings that may divert any winner notification or other Promotion related e-mail to a GRACE or junk folder. Prize awards are subject to verification of eligibility and compliance with these Official Rules.
PRIZE(S)/APPROXIMATE RETAIL VALUE (“ARV”):
The following instant prizes will be available to be won during the Promotion Period of Sweepstakes:
1. Flow TopUp Credit (8,800): ARV of $1.00-$10.00. Total ARV of all Flow
TopUp Credit Prizes, per Sweepstakes: up to $22,000.00.
A minimum of 8,800 instant phone credit prizes will be awarded. Participants must comply with these Official Rules governing instant prize redemption as outlined above.
The following Grand prizes are available to be won during Promotion Period with drawings on July 22, 2018, September 2, 2018, and September 28, 2018:
Grand Prize: Three (3) Weekend trips of two days/two nights trip for winner and one (1) adult guest to Jamaica (ARV: up to $3,300.00 each). Package consists of: round trip air transportation for two people to/from major U.S. commercial airport near each winner’s legal residence (up to max. value of $1,600.00 each; Two (2) nights standard all-inclusive hotel accommodations (one room; double occupancy, room and tax, food and beverages only) (up to a max. value of $1,700.00 each).
Total ARV of all Prizes: $ 31,500.00
Trip Specifics: ARV of any trip package may vary depending on the point, date and time of departure. Prize must be accepted as a whole, or will be forfeited in its entirety. If winner fails for any reason not to go on any excursion during the trip, that element of the prize will be forfeited in its entirety and will not be awarded as cash or otherwise. All travel arrangements must be made through a travel agent or entity selected by Sponsor. Trip must have been completed on or before September 30, 2019, or will be forfeited in its entirety. Winners will be responsible for all additional food and beverages, ground transportation, excursions, gratuities, fuel, parking, telephone calls, baggage fees, and any other incidental costs or expenses not specifically stated herein. All trip components are subject to availability. Travel must originate and end at the same major gateway airport. Winners and guests, if applicable, will be required to provide valid government issued photo ID as required by travel authorities at time of travel, and to obtain and maintain all insurance (including car, health, liability and any other insurance). Winners acknowledge and agree that the Promotion Entity is not a providers/carrier of transportation, or an insurance provider. No changes will be made to travel details once any element(s) of the travel arrangements have been booked. Prize conditions may be added or modified by Sponsor or its designee. Promotion Entity is not responsible for any changes of any element of trip, nor are they liable for any expenses incurred as a consequence of flight changes, cancellation or delays. Sponsor will not replace any lost or stolen tickets, travel vouchers, debit/pre-paid cards, or certificates. Excursions are subject to the terms and conditions of organizer, including rain check/cancellation policies and procedures. Travel is subject to capacity controls, availability, and certain other restrictions, all of which are subject to change. Any unclaimed and/or unused element of the trip travel package, or any element thereof, will remain the property of Sponsor or its designee. The restrictions/conditions stated herein are not all-inclusive and the described above may be subject to additional restrictions/conditions, which may be stated in the Affidavit (as defined herein), and/or other required release and/or travel documents. Elements of the trip may require agreement to and execution of, separate releases for prize award/participation, in addition to the Affidavit/Release of Liability described herein. Failure to provide these documents, if required, will cause prize to be forfeited and awarded to an alternate winner. In the event any winner and/or guest engage(s) in behavior that, as determined by Sponsor (or its designee) in their absolute discretion, is obnoxious or threatening, dangerous, harmful, illegal or that is intended to annoy, abuse, threaten or harass any other person, or that is intended to or may cause property damage or loss, Sponsor reserves the right to terminate the trip or other applicable experience early, in whole or in part, and to send the winner (and guest(s)) home with no further compensation. Limit one (1) Grand prize per person/mobile device during the entire Promotion Period. Limit one (1) instant prize per person/mobile device, per Sweepstakes. Instant prizes will be randomly assigned by Sponsor. All federal, state and local taxes on a prize are the sole
responsibility of a winner. GRACE® instant prizes will be provided to winner’s beneficiary as instructed by winner (at Sponsor’s expense) on or within approx. 2 – 4 weeks after verification. A winner is solely responsible for all liabilities, costs and expenses thereafter. Any difference in ARV and actual value will not be awarded in cash or otherwise. No transfer, assignment or substitution of a prize (in whole or in part) is allowed, except Sponsor reserves the right to substitute a prize with a comparable prize of equal or greater value. Prize is not redeemable for cash or otherwise. All costs, fees and expenses not expressly stated as being included herein are the sole cost and responsibility of winner.
In the event of noncompliance, if an entrant becomes noncompliant or ineligible during or after the Promotion Period, or a potential winner fails to respond within the time specified, or cannot be reached within two separate attempts using the contact method selected by Sponsor (in Sponsor’s discretion), that prize will be forfeited and an alternate potential winner may be selected at random for the applicable prize. A winner later found ineligible or non-compliant will be immediately required to return and forfeit any prize awarded. After one (1) unsuccessful attempt to verify an alternate winner for an instant prize, the instant prize will remain un-awarded. After three (3) unsuccessful attempts to verify an alternate Grand Prize winner the prize will remain un-awarded. Prize or prize notifications that are un-awarded, unclaimed, returned, unresponsive, untimely, or otherwise undeliverable will be forfeited and will not be re-awarded. There will not be a second-chance drawing. Any prize pictured in advertising or promotional materials is for illustrative purposes only and may not be the actual prize or have the same elements or features as the prize awarded. PRIZES ARE AWARDED “AS IS” WITHOUT WARRANTIES, EXPRESSED OR IMPLIED, AS TO THEIR QUALITY OR CONDITION AND PROMOTION ENTITY EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Prize awards are subject to verification of eligibility and compliance with these Official Rules. Sponsor reserves the right, but without any obligation whatsoever, to conduct a voluntary background check on a potential instant prize or grand prize winner, and such individual agrees to cooperate, to confirm eligibility and to help ensure that awarding a prize to any such individual will not bring the Promotion Entity into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Promotion, the Sponsor, prize suppliers, or their respective brands, goods or services, as determined by Sponsor in its absolute discretion.
GENERAL RELEASE: Failure to timely return or properly complete Release Documents, or if potential winner is or becomes ineligible or does not comply with these Official Rules, prize forfeiture will result and (an) alternate potential winner(s) may be selected as provided hereinabove. BY PARTICIPATING, ENTRANTS AGREE TO RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS TO THE FULLEST EXTENT PERMITTED BY LAW THE SPONSOR, ITS PARENT, AFFILIATES AND SUBSIDIARY COMPANIES, ADVERTISING AND PROMOTION AGENCIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS, REPRESENTATIVES AND AGENTS, FACEBOOK, INSTAGRAM AND TWITTER (“RELEASED PARTIES”) FROM AND AGAINST ANY AND ALL ALLEGED AND/OR ACTUAL CLAIMS, ACTIONS, DEMANDS, LOSSES, SETTLEMENTS (WHETHER OR NOT LITAGATION IS COMMENCED), LIABILITIES AND DAMAGES OF ANY KIND WHATSOEVER EXISTING NOW OR ARISING IN THE FUTURE (INCLUDING, WITHOUT LIMITATION, BODILY INJURY, PERSONAL INJURY, DEATH, DISABILITY AND PROPERTY DAMAGE OR LOSS), COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, COURT COSTS, SETTLEMENT AND DISBURSEMENTS) DIRECTLY OR INDIRECTLY ARISING IN WHOLE OR IN PART FROM THE USE OF THE ENTRY IN WHOLE OR IN PART, THE DELIVERY, ACCEPTANCE, POSSESSION, USE OR MISUSE OF A PRIZE, PARTICIPATION IN ANY PRIZE RELATED ACTIVITIES, ACCESS TO ANY WEBSITES, AND/OR PARTICIPATION IN THIS PROMOTION OR ANY OTHER ELEMENT THEREOF. To the fullest extent permitted by law, entrants and winner(s) covenant not to sue any Released Party or cause them to be sued regarding any matter released above; and further covenant not to disaffirm, limit or rescind this release. A waiver by the Promotion Entity of any term in these Official Rules does not constitute a waiver of any other provision. Any invalid, illegal or unenforceable provision shall be deemed severed from these Rules only to the extent of its invalidity, illegality or unenforceability, and these Rules shall be construed and enforced as if they did not contain the stricken provision.
PUBLICITY RELEASE: By entering and/or accepting an instant or grand prize, entrants and winners hereby consent, where lawful, to the use by Sponsor (and its authorized representatives) of their name, image, likeness, voice, hometown, and/or biographical information (including the right to edit, adapt, crop, and modify such information or use it in illustrative, or composite form, alone or in conjunction with other materials), in any and all media now known or hereafter developed worldwide, including and on cellular networks, the Internet and World Wide Web, without additional compensation, and without the right of review, notification or approval.
LIMITATIONS OF LIABILITY: IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THIS PROMOTION OR ANY ELEMENT THEREOF, PARTICIPATION IN ANY PROMOTION ACTIVITIES, PARTICIPATION IN PRIZE RELATED ACTIVITIES OR ANY ELEMENT THEREOF, THE PARTICIPATION IN/USE/MISUSE OF A PRIZE BY ANYONE, AND/OR DAMAGES ARISING OUT OF ANY PARTICIPANT’S ACCESS TO AND USE OF (OR FAILURE TO ACCESS OR USE) THE PROMOTIONAL WEBSITES, OR THE DOWNLOADING FROM AND/OR PRINTING OF MATERIAL DOWNLOADED FROM THE WEBSITE.
If, for any reason, this Promotion or any element thereof is not capable of running as planned by reason of, but not limited to, infection by computer virus, worms, bugs, tampering, unauthorized intervention, artifice, cheating or fraud, equipment, network or technical failures, or any other causes which Sponsor deems, in its sole opinion, could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion or any element thereof, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion or any element thereof and select the winner(s) for the applicable prize/prize level from eligible, non-suspect entries received prior to the action, or as otherwise may be deemed commercially reasonable, fair and equitable by Sponsor. Sponsor is not responsible for user cheating or fraud by any entrants. Any activities intended to disrupt or interfere with the proper play of the Promotion or defraud Sponsor in any way will be prosecuted to the fullest extent of the law. Participants who engage in any of the foregoing activities will be disqualified and will forfeit any prize won.
In the event that technological, programming, printing, erroneous communications, human or other error causes more than the stated number of winners/prizes as indicated in these Official Rules, to be communicated, sent as notifications, distributed, announced, claimed or received for any prize, Sponsor reserves the right, at its sole discretion, to award only the stated number and description of prizes pursuant to a random drawing among all eligible non-suspect claimants or as otherwise deemed commercially reasonable, fair and equitable by Sponsor. In the event of any discrepancy, ambiguity, inconsistency, printing or any other error or miscommunication in any emails, announcements, advertising, brochures, Promotion materials and/or any other communications or information relating to this Promotion or any element thereof, these Official Rules shall govern.
FORCE MAJEURE: Promotion Entity shall not be liable to winners or any other person or entity for failure to execute this Promotion or any element thereof, or supply a prize or any part thereof, by reason of any act of God, any action(s), regulation(s) order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, cyber-attacks, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, cancellation or delay of any trip element, event or excursion, or any similar or dissimilar event beyond their reasonable control.
CHOICE OF LAW/ARBITRATION: THIS SWEEPSTAKES IS
GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF FLORIDA WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Promotion, except where prohibited by law, entrants agree that any and all disputes that cannot be resolved between the parties and causes of action arising out of or connected with this Promotion shall be resolved individually, without resort to any form of class action, exclusively before a neutral one person arbitration panel located in Miami, Florida having jurisdiction.
WINNER’S LIST: For names of winners of prizes over $25, contact Sponsor
by mailing a self-addressed, sufficiently U.S. postage stamped envelope to: GRACE® Summer Beverage Promotion, Winner List Request, GraceKennedy Foods (USA), LLC, 230 Moonachie Avenue, Moonachie, New Jersey 07074 for receipt by September 30, 2018. Limit one (1) request per person, or per mobile device.
SPONSOR: GraceKennedy Foods (USA), LLC, 230 Moonachie Avenue, Moonachie, New Jersey 07074, Toll-Free at 1-800-937-1002 or 201-329-6260. GRACE® BRAND is a registered trademark of GraceKennedy Foods (USA), LLC.