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Joint Juice Sweeps IWG Daily Ends 8/3/11
June 6, 2011 at
07:26 PM
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Joint Juice Sweeps IWG Daily Ends 8/3/11
Scroll down page for IWG.
https://lovejointjuice.
PRIZES:
Instant Win Game Prizes (100): Each Instant Win Game Winner will receive one (1)
30- day supply of Joint Juice supplement drink, Cran-Pomegranate flavor (awarded as thirty (30) 8-oz ready-to-drink bottles). Total approximate retail value ("ARV") of each Instant Win Game prize: $29.99. The number of Instant Win Game Prizes available to be won decreases as prizes are played for and/or won throughout the Promotion Period.
WHAT YOU LOVE WITH JOINT JUICE AND JOE MONTANA" PROMOTION
(THE "PROMOTION")
OFFICIAL RULES AND REGULATIONS
This Promotion is intended for viewing and participation in the 50 United States and the District of Columbia only and shall be construed and evaluated according to the laws of the 50 United States and District of Columbia. Do not enter if you are not a resident of one of the 50 U.S. or D.C.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.
1. PROMOTION PERIOD: Starts May 2, 2011 at 12:00:00 PM Central Time ("CT") and ends August 3, 2011 at 11:59:59 PM CT (the "Promotion Period").
2. ELIGIBILITY: The Promotion is only open to legal residents of the 50 United States and the District of Columbia who are 18 years of age or older at the time of entry. Persons in any of the following categories are NOT eligible to participate: any person who, at any time on or after May 2, 2011, was or is a director, officer, employee or agent of Joint Juice, Inc. ("Sponsor"), or its parent, subsidiaries, divisions, or affiliated companies, dealers, or service agencies, independent contractors, web hosting or service or fulfillment providers (collectively, the "Promotion Entities") and persons who are or purport to be immediate family members (defined as biological or step-mother, father, sister, brother, daughter, son or dependent or spouse of any of the foregoing) of any such persons regardless of where they live, and any other persons residing at the same household location, whether related or not. This Promotion is subject to all applicable federal, state, and local laws and regulations. All entrants will be required to read and accept these Official Rules. Void where prohibited.
3. HOW TO PLAY THE INSTANT WIN GAME/ODDS: To enter the Instant Win Game (the "Instant Win Game"), visit www.lovejointju
Instant Win prizes are randomly time seeded throughout the Promotion Period and awarded to the first person who plays on or after the time the prize is randomly seeded. The odds of winning an Instant Win Game prize depend on the number of eligible entries received and the order in which such entries are received. A "Play Receipt" including a unique Security Identification Code (SIC), will be automatically sent to the email address you provided in the registration process. The Play Receipt and SIC will confirm the results of your game play.
4. HOW TO ENTER THE CONTEST: To enter the Contest (the "Contest"), visit the Website during the Promotion Period and follow the instructions provided to submit your story (a "Story" or an "Entry"). In your Story, which must be a maximum of one hundred and fifty (150) words in length, you will explain how Joint Juice products enables you to do the things you love by being more active in your life, however you define active. There is a limit of one (1) Story per person throughout the Promotion Period. Each Entry will be screened by a representative of the Sponsor for compliance with these Official Rules in general, and the Submission Requirements below in particular. Selected entries will be posted on the Website in the sole discretion of Sponsor. Sponsor's decisions with respect to whether an Entry complies with these Official Rules are final and binding. Entries that do not meet the requirements set forth in these Official Rules may not be acknowledged or posted and may be automatically disqualified, in the sole discretion of the Sponsor.
Entries generated by script, macro or other automated means or by any means which subvert the entry process are void. Entry constitutes an entrant's consent to participate in this Contest and consent for Sponsor to obtain, use, and transfer his/her name, address, and other information for the purpose of administering and promoting this Contest and in compliance with Sponsor's privacy policy, found at http://jointjuice.com/privacy-policy.jsp.
As a condition of submitting an Entry in the Contest, each entrant acknowledges and agrees that: (a) Sponsor and other participants have access to and/or may create materials, ideas and concepts which may be similar or identical to the entrant's Story, ideas and/or concepts; (b) the entrant will not be entitled to any compensation or other consideration because of the use by Sponsor or any other participant of such similar or identical material, ideas and/or concepts; and (c) Sponsor's or other participant's use of material containing elements similar to or identical with those contained in the entrant's Entry shall not obligate Sponsor to negotiate with nor entitle entrant to any compensation or other claim.
By submitting an Entry, each entrant warrants and represents that his/her Entry: (a) is entrant's original work, (b) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity (as more fully set forth in he Submission Requirements below), (c) that publication or other use by Sponsor of the Story via various media including Web posting, will not infringe on the rights of any third party rights; and (d) otherwise complies with these Official Rules. Any such entrant will indemnify and hold Released Parties (as defined below) harmless from and against any and all claims to the contrary and any demands, actions, causes of action, damages, costs or expenses brought against or suffered or incurred by the Released Parties, or any of them arising out of or in connection with the participation by the entrants in this Contest, or the use, in whole or in part, by any Released Party of any Entry (or portion thereof) submitted by the entrants in this Contest.
SUBMISSION REQUIREMENTS:
All Stories:
(i) Must be the original creation of the entrants submitting them, and may not be based in whole or in part on the work of any other person or entity (Stories may be verified for originality at the Sponsor's discretion);
(ii) Must not, as determined in the sole and unfettered discretion of Sponsor, incorporate any elements of Stories previously submitted by other entrants to the Contest and posted on the Website;
(iii) Must not, as determined in the sole discretion of Sponsor, mention, advertise or promote any brand or product of any kind other than the Sponsor's;
(iv) Must not be offensive or inappropriate, as determined by the Sponsor in its sole discretion, nor can it defame or invade publicity rights or privacy rights of any person, living or deceased, or otherwise infringe upon any person's personal or property rights or any other third party rights; and
(v) Must be in English.
In addition, Stories:
(a) Cannot be sexually explicit or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic;
(b) Cannot show or promote cruelty, harm, abuse or exploitation of animals;
(c) Cannot promote alcohol, illegal, drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;
(d) Cannot be obscene or offensive, endorse any form of hate or hate group;
(e) Cannot defame, misrepresent or contain disparaging remarks about Sponsor or its products or other people, products or companies;
(f) Cannot contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
(g) Cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; and
(h) Cannot violate any law.
Sponsor reserves the right to waive the Submission requirements set forth herein in its reasonable discretion.
If you think that any Entry infringes your intellectual property rights, click here if you wish to report it.
OWNERSHIP/USE OF ENTRY: By submitting an Entry, entrant hereby grants Sponsor and its assignees and designees a non-exclusive, irrevocable, royalty-free, worldwide, perpetual license to exploit the copyright, publicity and database rights entrant has in the Entry, any ancillary and subsidiary rights therein in any media now known or not currently known, with respect to the Entry. Sponsor and its assignees and designees reserve the right to edit, publish, create a derivative of, print, use, adapt, exploit, modify, copy, disseminate, dispose, broadcast and/or transmit the Entry, the concepts embodied therein (or any elements thereof) in any and all media now known or hereafter devised (including via the internet) for advertising and promotional purposes as outlined in these Official Rules, without compensation, permission or notification, unless prohibited by law. Materials submitted in connection with the Contest will become the sole property of Sponsor and will not be returned. Entrant agrees that Entries are gratuitous, unsolicited and without restriction, and will not place Sponsor under any obligation, and that Sponsor is free to disclose the ideas contained therein on the Website and on a non-confidential basis to anyone or otherwise use the ideas without restriction and without any additional compensation to entrant. Entrant acknowledges that, by acceptance of his/her Entry, Sponsor does not waive any rights to use similar or related ideas from any source. By submitting an Entry, entrant hereby grants permission for the Entry to be posted on the Website, any Joint Juice website or a website controlled by other partner websites, and on selected marketing/promotional communications as needed, without any additional compensation. By entering, entrant acknowledges that Promotion Entities have no obligation to use or post any Entry submitted. Entrant agrees that Promotion entities are not responsible for any unauthorized use of Entries by third parties. ENTRIES POSTED TO THE WEBSITE ARE NOT EDITED BY SPONSOR AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to entrants. Sponsor reserves the right to waive or modify the Submission Requirements set forth herein in its sole reasonable discretion. Sponsor reserves the right, in its reasonable discretion, during or upon completion of the Promotion Period, to request that any entrant resubmit his or her Entry which fails to comply with the Submission Requirements prior to the Contest Judging Phase. By accepting a prize, the Grand Prize Winner agrees (and agrees to confirm in writing) that his/her Entry will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then the winner irrevocably assigns and transfers to Sponsor all of his/her right, title and interest in and to his/her Entry, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. Winner hereby waives in favor of Sponsor, all rights of "Droit Moral" or "Moral Rights of Authors" or any similar rights or principles of law that winner may now or later have to their Entry. Sponsor reserves the right to alter, change or modify the winning Entry, in its sole discretion. Upon request of Sponsor, winner shall execute and deliver such additional instrument of assignment, as may be solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title and interest in and to the Entry and of the copyrights transferred and "Moral Rights of Authors" waived under these Official Rules. Should Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of Sponsor's rights and Sponsor may at a later time request the assignment.
5. CONTEST JUDGING PHASE (AUGUST 4, 2011 TO AUGUST 17, 2011): During the Contest Judging Phase, a panel of judges selected by Sponsor ("Contest Judges") will judge all of the eligible Entries received during the Promotion Period and will select the best Entry ("Potential Contest Grand Prize Winner") based on the following criteria ("Judging Criteria"): ability of the story to inspire others (40%), passion/enthusiasm for the Joint Juice brand (40%), clarity of expression/eloquence and articulation (10%), suitability of the Entry to be used by Sponsor in its advertising (10%). The Contest Judges' decision shall be final and binding. An additional "tie-breaking" Contest Judge selected by Sponsor will break any eventual ties, based on the criteria listed herein.
6. HOW TO CLAIM YOUR PRIZES: All Instant Win Game Prizes will be automatically mailed to each verified Winner's address as provided in the registration form. Potential Contest Grand Prize Winner will be contacted by phone, mail or email on or about August 31, 2011 with instructions on how to claim the prize. Prizes won by entrants who are eligible but still considered minors in their state of residence will be awarded to a parent or legal guardian of such minor who must sign and return all required documentation outlined herein and otherwise comply with all requirements imposed on Winners set forth herein. If a Potential Winner is found to be ineligible, or not in compliance with these Official Rules, declines to accept a prize, if Sponsor is unable to contact a Potential Winner within a reasonable period, or in the event that a prize notification or prize is returned undeliverable, the prize will be forfeited (and, in the case of the Grand Prize only, at the Sponsor's sole discretion, prize may be awarded to an alternate Winner). Potential Winners (or parent/legal guardian where applicable) may be required to furnish proof of identification. Before being declared a Grand Prize Winner, Potential Winner (or parent/legal guardian where applicable), will be required to execute and return an Affidavit of Eligibility/Liability & Publicity Release and a W9 form within seven (7) business days from the time it is postmarked as having been sent by the Sponsor or its representative, or the prize may be forfeited.
Allow 6 to 8 weeks for verification and shipment of your Instant Win Game prize. Released Parties shall not be held responsible for any delays in awarding prizes for any reason outside of their control. Prizes will only be delivered to verified Winners. Unclaimed prizes will not be awarded.
By accepting a prize, each Winner consents to the use of his/her name, address (city and state of residence), voice, and statements relating to the Contest/Game or Sponsor, and photographs or other likenesses, without further compensation, notification or permission in any publicity or advertising carried out by Sponsor or any related entities in any and all media now known or hereinafter developed without territorial or time limitation, except where prohibited by law.
7. Contest Grand Prize (1): One (1) trip ("Trip") for the Grand Prize winner and one (1) travel companion to San Francisco, CA. Trip consists of round-trip coach air transportation for two (2) from a major airport near the Grand Prize winner's home within the 50 United States and DC (airport, carrier and airline ticket class selected at the sole discretion of Sponsor), , one (1) double occupancy standard accommodation hotel room for two (2) nights (accommodation to be selected at the sole discretion of Sponsor), $5000.00 spending money for the Grand Prize winner only (awarded as a check), and the Grand Prize Winner's choice of one (1) of the following options:
(a) Catch passes with Joe Montana for one (1) hour
(b) Play 9 holes of golf at a premier Bay Area course with Joe Montana
(c) Hike Mt. Tam for two (2) hours with Joe Montana
(d) Tennis Set for one (1) hour with Joe Montana
(e) Ping Pong game for one (1) hour with Joe Montana
(f) Other activity suggested by Grand Prize Winner during the promotion registration process. The cost of the activity should not exceed $500.00. Sponsor reserves the right to accept or reject the Grand Prize Winner's suggested activity. In case of rejection, Grand Prize Winner will be given the option to choose one of the five activities listed above.
BY ACCEPTING THE GRAND PRIZE, WINNER ACCEPTS THE INHERENTLY DANGEROUS NATURE AND RISK IN PARTICIPATION IN AN ACTIVITY WITH JOE MONTANA, INCLUDING PERSONAL INJURY AND/OR DEATH, ACKNOWLEDGES THAT HIS/HER PARTICIPATION IN THE ACTIVITY IS VOLUNTARY, ACKNOWLEDGES THAT THERE ARE NATURAL FACTORS AND OCCURRENCES WHICH MAY IMPACT ON OR AFFECT THE SAFETY OF THE ACTIVITIES HE/SHE IS PARTICIPATING IN AND HE/SHE ASSUMES THE RISK OF SUCH FACTORS AND OCCURRENCES AND AGREES THAT PROMOTIONAL PARTIES SHALL NOT BE IN ANY WAY RESPONSIBLE FOR ANY RESULTING INJURY AND/OR DEATH.
If Grand Prize winner resides within 150 miles of the destination, ground transportation may be substituted for air transportation at Sponsor's sole discretion and no compensation or substitution will be provided for difference in prize value. All other costs and expenses associated with acceptance and use of Grand Prize, including ground transportation, meals, gratuities, travel documents, tax, personal expenses and all other expenses not specified herein are the sole responsibility of the Grand Prize winner. Transportation and accommodations subject to availability, blackout periods, government restrictions and regulations, hotel, airline, airport or other transportation restrictions and regulations, and shall be selected in Sponsor's sole discretion. Other restrictions may apply. Air travel must be booked and taken between 9/1/2011 and 11/30/2011 or the Grand Prize will be forfeited. Grand Prize winner and his or her travel companion must travel on same itinerary. Grand Prize winner and travel companion must have all necessary identification and/or travel documents (e.g. a valid U.S. Driver's license, passport, etc.) required for travel. Air transportation does not include government taxes, Passenger Facility Charge or September 11 Security Fee. Air transportation tickets are non-refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles. All air transportation tickets are subject to the vagaries of flight variation, work stoppages and schedule or route changes. ARV of Grand Prize: $7,750.00, depending on the Grand Prize winner's point of departure and airfare fluctuations. Any difference between stated approximate retail value and actual value of the Grand Prize will not be awarded. If the Grand Prize winner's travel companion is a minor, he/she must be the child or legal ward of the winner. Minors must be accompanied at all times during trip (including, but not limited to, in-flight, hotel stay and all prize-related events) by minor's parent or legal guardian. Guest (or, if child or legal ward of the Grand Prize winner, the Grand Prize winner) must sign and return a release of liability/publicity prior to ticketing of the Grand Prize. If, for any reason beyond the Sponsor's control, Joe Montana is not able to attend the activity selected after ticketing of Grand Prize, that portion of the Grand Prize will be forfeited without additional compensation and remainder of Grand Prize will be awarded. In the event the Grand Prize Winner and/or his or her travel companion engages in behavior that (as determined by Sponsor in its sole and absolute discretion) is threatening, illegal that places another person in danger of harm or is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the Trip or other applicable experience early, in whole or in part.
Total ARV of prizes available to be won: $10,749.00. Limit of one (1) Instant Win Game prize per person/email address for the entire Promotion Period. Winners of an Instant Win Prize will still be eligible to win the Grand Prize (if they entered the Contest part of the Promotion).
Prizes are not transferable or redeemable for cash and must be accepted as awarded, with no substitutions of any kind, except by Sponsor, who reserves the right to substitute a prize (or portion thereof) with a prize of comparable or greater value, at its sole discretion. All federal, state and local taxes, if any, as well as any other costs and expenses associated with prize acceptance and use not specified herein as being provided are the Winners' responsibility. All prize details are at the Sponsor's sole discretion.
CONDITIONS OF ENTRY:
8. Entrants agree to these Official Rules and the decisions of the Contest Judges and the Sponsor, which are final and binding in all matters. Entrants agree on their behalf, and on behalf of their respective heirs, executors, administrators, legal representatives, successors and assigns (collectively, "Releasing Parties"), to release, defend and hold harmless the Promotion Entities, their parents, affiliates, officers, directors, employees and agents (collectively, "Released Parties") from any and all actions, causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, lost profits, indirect or direct damages, consequential damages, incidental damages, punitive or exemplary damages, judgments, extent, executions, claims and demands whatsoever, in law, admiralty or equity, whether known or unknown, foreseen or unforeseen, against the Promotion Entities which any one or more of the Promotion Entities ever had, now have or hereafter can, shall or may have which in any way arise out of or result from entrant's participation or acceptance and use or misuse of prize, including any travel-related activities. Entrants assume all liability for any injury, including death or damage caused or claimed to be caused, by participation in this Promotion or use or redemption of any prize. This Contest shall be governed by and interpreted under the laws of the State of California, U.S.A. without regard to its conflicts of laws provisions. By entering, entrants consent to the jurisdiction and venue of the federal, state and local courts located in San Francisco County, California.
9. Entrants agree that: (a) under no circumstances will entrant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (b) all causes of action arising out of or connected with this Contest, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (c) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys' fees and court costs.
10. Without limiting the foregoing, everything on the Website is provided "as is" without any warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement. ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS PROMOTION. ENTRANTS HEREBY WAIVE ANY RIGHTS OR CLAIMS TO ATTORNEY'S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ENTRANT, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE. Some jurisdictions may not allow the limitations or exclusion of liability for incidental or consequential damages or exclusion of implied warranties; check your local laws for any restrictions regarding these limitations or restrictions.
11. Promotion Entities are not responsible for lost, delayed, misdirected, inaccurate, garbled, stolen, incomplete, or late submissions of Entries or other material. Proof of transmission (screenshots or captures of submission, etc.) and/or mailing does not constitute proof of delivery. Sponsor reserves the right, in its sole discretion, to void any and all Entries of an entrant who Sponsor believes has attempted to tamper with or impair the administration, security, fairness, or proper conduct of this Promotion. Sponsor reserves the right, in its sole discretion to terminate, modify, cancel or suspend this Promotion at any time and for any reason, including, but not limited to, fraud, technical failures including any network server or hardware failure, viruses, bugs, errors in programming, or any other errors or other causes corrupt the administration, security, integrity, or proper participation of the Promotion and, if terminated, award the prizes from among all eligible, non-suspect Entries received up to time of cancellation using the judging procedure outlined above.
12. If a dispute arises relating to an Instant Win Game prize won, a combination of factors will be assessed in determining if you are in fact eligible to win a prize; i. the Play Receipt including the unique SIC, and its corresponding play data in the Game database will be reviewed to determine the legitimacy of the claim; ii. The Contest Judges will be consulted to compare the pre-generated game data with the game play data you are presenting or have generated. Ultimately it will be the results of the Contest Judges' analysis, which will determine your entitlement to any prize. The review of any such dispute will not commence prior to two weeks following the game end date noted herein. In the event the Contest Judges' analysis reveals valid prize claims are greater than the number of prizes available as set forth in these Official Rules, then Sponsor reserves the right to conduct a random drawing among all eligible prize claimants whose claims have not yet been redeemed, to award the remaining number of advertised prizes in the prize category in question. Prizes will stop being awarded in the event Sponsor becomes aware of an error respecting the number of prizes. In no event will the Sponsor be liable for more than the stated number of prizes available in the prize category in question. Liability for defective Instant Win Game plays shall be limited to replacement with another Instant Win Game play while supplies last during the Promotion Period.
CONTEST OPERATION:
13. Released Parties do not warrant that access to the Promotion will be uninterrupted. Released Parties are not responsible for any problems that may arise, including but not limited to; (a) lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, Web sites, or other connection, availability or accessibility problems arising in connection with or over the course of the Promotion; or (b) communications failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions or hardware or software malfunctions, failures or difficulties; or (c) failure of personal computers and/or software and hardware configurations, any technical malfunctions, failures, or difficulties, printing errors, clerical, typographical or other error; or (d) for any other errors or problems of any kind relating to or in connection with the Promotion, whether human, mechanical, clerical, electronic, or technical in nature, including without limitation, any error or problem in connection with the administration of the Promotion, the processing of Entries, the administration of the judging procedure, the announcement of the prizes or in any Promotion-related materials; or (e) the incorrect or inaccurate capture of information, or the failure to capture any information in connection with the Promotion; or (f) damage to a user's system occasioned by participation in this Promotion or downloading any information necessary to enter this Promotion.
DISCLOSURES:
14. Any attempt by an entrant or other individual to deliberately damage any website or undermine the legitimate operation of this Promotion, including but not limited to any fraudulent claims, is a violation of criminal and civil laws. Should such an attempt be made, Sponsor reserves the right to seek remedies and damages (including attorneys' fees) from any such individual, to the fullest extent permitted by law, including criminal prosecution. Entrant engaging in any of the foregoing activities may be disqualified; all associated Entries and/or votes will be void and will forfeit any prize(s) won.
15. In the event of any conflict with any Promotion details contained in these Official Rules and Promotion details contained in Promotion materials (including but not limited to newsletters, television and print advertising, and other promotion media), the details of the Promotion as set forth in these Official Rules shall prevail.
16. This Contest is solely sponsored by Joint Juice, Inc., 120 Howard Street, Suite 600, San Francisco, CA 94105.
To receive a list of Prize Winners, send a self-addressed, stamped envelope to be received no later than September 3, 2011 to: P.O. Box 25495, Woodbury, MN, 55125. Winners' list will be sent after the prizes have been awarded.
Scroll down page for IWG.
https://lovejointjuice.
PRIZES:
Instant Win Game Prizes (100): Each Instant Win Game Winner will receive one (1)
30- day supply of Joint Juice supplement drink, Cran-Pomegranate flavor (awarded as thirty (30) 8-oz ready-to-drink bottles). Total approximate retail value ("ARV") of each Instant Win Game prize: $29.99. The number of Instant Win Game Prizes available to be won decreases as prizes are played for and/or won throughout the Promotion Period.
WHAT YOU LOVE WITH JOINT JUICE AND JOE MONTANA" PROMOTION
(THE "PROMOTION")
OFFICIAL RULES AND REGULATIONS
This Promotion is intended for viewing and participation in the 50 United States and the District of Columbia only and shall be construed and evaluated according to the laws of the 50 United States and District of Columbia. Do not enter if you are not a resident of one of the 50 U.S. or D.C.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.
1. PROMOTION PERIOD: Starts May 2, 2011 at 12:00:00 PM Central Time ("CT") and ends August 3, 2011 at 11:59:59 PM CT (the "Promotion Period").
2. ELIGIBILITY: The Promotion is only open to legal residents of the 50 United States and the District of Columbia who are 18 years of age or older at the time of entry. Persons in any of the following categories are NOT eligible to participate: any person who, at any time on or after May 2, 2011, was or is a director, officer, employee or agent of Joint Juice, Inc. ("Sponsor"), or its parent, subsidiaries, divisions, or affiliated companies, dealers, or service agencies, independent contractors, web hosting or service or fulfillment providers (collectively, the "Promotion Entities") and persons who are or purport to be immediate family members (defined as biological or step-mother, father, sister, brother, daughter, son or dependent or spouse of any of the foregoing) of any such persons regardless of where they live, and any other persons residing at the same household location, whether related or not. This Promotion is subject to all applicable federal, state, and local laws and regulations. All entrants will be required to read and accept these Official Rules. Void where prohibited.
3. HOW TO PLAY THE INSTANT WIN GAME/ODDS: To enter the Instant Win Game (the "Instant Win Game"), visit www.lovejointju
Instant Win prizes are randomly time seeded throughout the Promotion Period and awarded to the first person who plays on or after the time the prize is randomly seeded. The odds of winning an Instant Win Game prize depend on the number of eligible entries received and the order in which such entries are received. A "Play Receipt" including a unique Security Identification Code (SIC), will be automatically sent to the email address you provided in the registration process. The Play Receipt and SIC will confirm the results of your game play.
4. HOW TO ENTER THE CONTEST: To enter the Contest (the "Contest"), visit the Website during the Promotion Period and follow the instructions provided to submit your story (a "Story" or an "Entry"). In your Story, which must be a maximum of one hundred and fifty (150) words in length, you will explain how Joint Juice products enables you to do the things you love by being more active in your life, however you define active. There is a limit of one (1) Story per person throughout the Promotion Period. Each Entry will be screened by a representative of the Sponsor for compliance with these Official Rules in general, and the Submission Requirements below in particular. Selected entries will be posted on the Website in the sole discretion of Sponsor. Sponsor's decisions with respect to whether an Entry complies with these Official Rules are final and binding. Entries that do not meet the requirements set forth in these Official Rules may not be acknowledged or posted and may be automatically disqualified, in the sole discretion of the Sponsor.
Entries generated by script, macro or other automated means or by any means which subvert the entry process are void. Entry constitutes an entrant's consent to participate in this Contest and consent for Sponsor to obtain, use, and transfer his/her name, address, and other information for the purpose of administering and promoting this Contest and in compliance with Sponsor's privacy policy, found at http://jointjuice.com/privacy-policy.jsp.
As a condition of submitting an Entry in the Contest, each entrant acknowledges and agrees that: (a) Sponsor and other participants have access to and/or may create materials, ideas and concepts which may be similar or identical to the entrant's Story, ideas and/or concepts; (b) the entrant will not be entitled to any compensation or other consideration because of the use by Sponsor or any other participant of such similar or identical material, ideas and/or concepts; and (c) Sponsor's or other participant's use of material containing elements similar to or identical with those contained in the entrant's Entry shall not obligate Sponsor to negotiate with nor entitle entrant to any compensation or other claim.
By submitting an Entry, each entrant warrants and represents that his/her Entry: (a) is entrant's original work, (b) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity (as more fully set forth in he Submission Requirements below), (c) that publication or other use by Sponsor of the Story via various media including Web posting, will not infringe on the rights of any third party rights; and (d) otherwise complies with these Official Rules. Any such entrant will indemnify and hold Released Parties (as defined below) harmless from and against any and all claims to the contrary and any demands, actions, causes of action, damages, costs or expenses brought against or suffered or incurred by the Released Parties, or any of them arising out of or in connection with the participation by the entrants in this Contest, or the use, in whole or in part, by any Released Party of any Entry (or portion thereof) submitted by the entrants in this Contest.
SUBMISSION REQUIREMENTS:
All Stories:
(i) Must be the original creation of the entrants submitting them, and may not be based in whole or in part on the work of any other person or entity (Stories may be verified for originality at the Sponsor's discretion);
(ii) Must not, as determined in the sole and unfettered discretion of Sponsor, incorporate any elements of Stories previously submitted by other entrants to the Contest and posted on the Website;
(iii) Must not, as determined in the sole discretion of Sponsor, mention, advertise or promote any brand or product of any kind other than the Sponsor's;
(iv) Must not be offensive or inappropriate, as determined by the Sponsor in its sole discretion, nor can it defame or invade publicity rights or privacy rights of any person, living or deceased, or otherwise infringe upon any person's personal or property rights or any other third party rights; and
(v) Must be in English.
In addition, Stories:
(a) Cannot be sexually explicit or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic;
(b) Cannot show or promote cruelty, harm, abuse or exploitation of animals;
(c) Cannot promote alcohol, illegal, drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;
(d) Cannot be obscene or offensive, endorse any form of hate or hate group;
(e) Cannot defame, misrepresent or contain disparaging remarks about Sponsor or its products or other people, products or companies;
(f) Cannot contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
(g) Cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; and
(h) Cannot violate any law.
Sponsor reserves the right to waive the Submission requirements set forth herein in its reasonable discretion.
If you think that any Entry infringes your intellectual property rights, click here if you wish to report it.
OWNERSHIP/USE OF ENTRY: By submitting an Entry, entrant hereby grants Sponsor and its assignees and designees a non-exclusive, irrevocable, royalty-free, worldwide, perpetual license to exploit the copyright, publicity and database rights entrant has in the Entry, any ancillary and subsidiary rights therein in any media now known or not currently known, with respect to the Entry. Sponsor and its assignees and designees reserve the right to edit, publish, create a derivative of, print, use, adapt, exploit, modify, copy, disseminate, dispose, broadcast and/or transmit the Entry, the concepts embodied therein (or any elements thereof) in any and all media now known or hereafter devised (including via the internet) for advertising and promotional purposes as outlined in these Official Rules, without compensation, permission or notification, unless prohibited by law. Materials submitted in connection with the Contest will become the sole property of Sponsor and will not be returned. Entrant agrees that Entries are gratuitous, unsolicited and without restriction, and will not place Sponsor under any obligation, and that Sponsor is free to disclose the ideas contained therein on the Website and on a non-confidential basis to anyone or otherwise use the ideas without restriction and without any additional compensation to entrant. Entrant acknowledges that, by acceptance of his/her Entry, Sponsor does not waive any rights to use similar or related ideas from any source. By submitting an Entry, entrant hereby grants permission for the Entry to be posted on the Website, any Joint Juice website or a website controlled by other partner websites, and on selected marketing/promotional communications as needed, without any additional compensation. By entering, entrant acknowledges that Promotion Entities have no obligation to use or post any Entry submitted. Entrant agrees that Promotion entities are not responsible for any unauthorized use of Entries by third parties. ENTRIES POSTED TO THE WEBSITE ARE NOT EDITED BY SPONSOR AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to entrants. Sponsor reserves the right to waive or modify the Submission Requirements set forth herein in its sole reasonable discretion. Sponsor reserves the right, in its reasonable discretion, during or upon completion of the Promotion Period, to request that any entrant resubmit his or her Entry which fails to comply with the Submission Requirements prior to the Contest Judging Phase. By accepting a prize, the Grand Prize Winner agrees (and agrees to confirm in writing) that his/her Entry will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then the winner irrevocably assigns and transfers to Sponsor all of his/her right, title and interest in and to his/her Entry, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. Winner hereby waives in favor of Sponsor, all rights of "Droit Moral" or "Moral Rights of Authors" or any similar rights or principles of law that winner may now or later have to their Entry. Sponsor reserves the right to alter, change or modify the winning Entry, in its sole discretion. Upon request of Sponsor, winner shall execute and deliver such additional instrument of assignment, as may be solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title and interest in and to the Entry and of the copyrights transferred and "Moral Rights of Authors" waived under these Official Rules. Should Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of Sponsor's rights and Sponsor may at a later time request the assignment.
5. CONTEST JUDGING PHASE (AUGUST 4, 2011 TO AUGUST 17, 2011): During the Contest Judging Phase, a panel of judges selected by Sponsor ("Contest Judges") will judge all of the eligible Entries received during the Promotion Period and will select the best Entry ("Potential Contest Grand Prize Winner") based on the following criteria ("Judging Criteria"): ability of the story to inspire others (40%), passion/enthusiasm for the Joint Juice brand (40%), clarity of expression/eloquence and articulation (10%), suitability of the Entry to be used by Sponsor in its advertising (10%). The Contest Judges' decision shall be final and binding. An additional "tie-breaking" Contest Judge selected by Sponsor will break any eventual ties, based on the criteria listed herein.
6. HOW TO CLAIM YOUR PRIZES: All Instant Win Game Prizes will be automatically mailed to each verified Winner's address as provided in the registration form. Potential Contest Grand Prize Winner will be contacted by phone, mail or email on or about August 31, 2011 with instructions on how to claim the prize. Prizes won by entrants who are eligible but still considered minors in their state of residence will be awarded to a parent or legal guardian of such minor who must sign and return all required documentation outlined herein and otherwise comply with all requirements imposed on Winners set forth herein. If a Potential Winner is found to be ineligible, or not in compliance with these Official Rules, declines to accept a prize, if Sponsor is unable to contact a Potential Winner within a reasonable period, or in the event that a prize notification or prize is returned undeliverable, the prize will be forfeited (and, in the case of the Grand Prize only, at the Sponsor's sole discretion, prize may be awarded to an alternate Winner). Potential Winners (or parent/legal guardian where applicable) may be required to furnish proof of identification. Before being declared a Grand Prize Winner, Potential Winner (or parent/legal guardian where applicable), will be required to execute and return an Affidavit of Eligibility/Liability & Publicity Release and a W9 form within seven (7) business days from the time it is postmarked as having been sent by the Sponsor or its representative, or the prize may be forfeited.
Allow 6 to 8 weeks for verification and shipment of your Instant Win Game prize. Released Parties shall not be held responsible for any delays in awarding prizes for any reason outside of their control. Prizes will only be delivered to verified Winners. Unclaimed prizes will not be awarded.
By accepting a prize, each Winner consents to the use of his/her name, address (city and state of residence), voice, and statements relating to the Contest/Game or Sponsor, and photographs or other likenesses, without further compensation, notification or permission in any publicity or advertising carried out by Sponsor or any related entities in any and all media now known or hereinafter developed without territorial or time limitation, except where prohibited by law.
7. Contest Grand Prize (1): One (1) trip ("Trip") for the Grand Prize winner and one (1) travel companion to San Francisco, CA. Trip consists of round-trip coach air transportation for two (2) from a major airport near the Grand Prize winner's home within the 50 United States and DC (airport, carrier and airline ticket class selected at the sole discretion of Sponsor), , one (1) double occupancy standard accommodation hotel room for two (2) nights (accommodation to be selected at the sole discretion of Sponsor), $5000.00 spending money for the Grand Prize winner only (awarded as a check), and the Grand Prize Winner's choice of one (1) of the following options:
(a) Catch passes with Joe Montana for one (1) hour
(b) Play 9 holes of golf at a premier Bay Area course with Joe Montana
(c) Hike Mt. Tam for two (2) hours with Joe Montana
(d) Tennis Set for one (1) hour with Joe Montana
(e) Ping Pong game for one (1) hour with Joe Montana
(f) Other activity suggested by Grand Prize Winner during the promotion registration process. The cost of the activity should not exceed $500.00. Sponsor reserves the right to accept or reject the Grand Prize Winner's suggested activity. In case of rejection, Grand Prize Winner will be given the option to choose one of the five activities listed above.
BY ACCEPTING THE GRAND PRIZE, WINNER ACCEPTS THE INHERENTLY DANGEROUS NATURE AND RISK IN PARTICIPATION IN AN ACTIVITY WITH JOE MONTANA, INCLUDING PERSONAL INJURY AND/OR DEATH, ACKNOWLEDGES THAT HIS/HER PARTICIPATION IN THE ACTIVITY IS VOLUNTARY, ACKNOWLEDGES THAT THERE ARE NATURAL FACTORS AND OCCURRENCES WHICH MAY IMPACT ON OR AFFECT THE SAFETY OF THE ACTIVITIES HE/SHE IS PARTICIPATING IN AND HE/SHE ASSUMES THE RISK OF SUCH FACTORS AND OCCURRENCES AND AGREES THAT PROMOTIONAL PARTIES SHALL NOT BE IN ANY WAY RESPONSIBLE FOR ANY RESULTING INJURY AND/OR DEATH.
If Grand Prize winner resides within 150 miles of the destination, ground transportation may be substituted for air transportation at Sponsor's sole discretion and no compensation or substitution will be provided for difference in prize value. All other costs and expenses associated with acceptance and use of Grand Prize, including ground transportation, meals, gratuities, travel documents, tax, personal expenses and all other expenses not specified herein are the sole responsibility of the Grand Prize winner. Transportation and accommodations subject to availability, blackout periods, government restrictions and regulations, hotel, airline, airport or other transportation restrictions and regulations, and shall be selected in Sponsor's sole discretion. Other restrictions may apply. Air travel must be booked and taken between 9/1/2011 and 11/30/2011 or the Grand Prize will be forfeited. Grand Prize winner and his or her travel companion must travel on same itinerary. Grand Prize winner and travel companion must have all necessary identification and/or travel documents (e.g. a valid U.S. Driver's license, passport, etc.) required for travel. Air transportation does not include government taxes, Passenger Facility Charge or September 11 Security Fee. Air transportation tickets are non-refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles. All air transportation tickets are subject to the vagaries of flight variation, work stoppages and schedule or route changes. ARV of Grand Prize: $7,750.00, depending on the Grand Prize winner's point of departure and airfare fluctuations. Any difference between stated approximate retail value and actual value of the Grand Prize will not be awarded. If the Grand Prize winner's travel companion is a minor, he/she must be the child or legal ward of the winner. Minors must be accompanied at all times during trip (including, but not limited to, in-flight, hotel stay and all prize-related events) by minor's parent or legal guardian. Guest (or, if child or legal ward of the Grand Prize winner, the Grand Prize winner) must sign and return a release of liability/publicity prior to ticketing of the Grand Prize. If, for any reason beyond the Sponsor's control, Joe Montana is not able to attend the activity selected after ticketing of Grand Prize, that portion of the Grand Prize will be forfeited without additional compensation and remainder of Grand Prize will be awarded. In the event the Grand Prize Winner and/or his or her travel companion engages in behavior that (as determined by Sponsor in its sole and absolute discretion) is threatening, illegal that places another person in danger of harm or is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the Trip or other applicable experience early, in whole or in part.
Total ARV of prizes available to be won: $10,749.00. Limit of one (1) Instant Win Game prize per person/email address for the entire Promotion Period. Winners of an Instant Win Prize will still be eligible to win the Grand Prize (if they entered the Contest part of the Promotion).
Prizes are not transferable or redeemable for cash and must be accepted as awarded, with no substitutions of any kind, except by Sponsor, who reserves the right to substitute a prize (or portion thereof) with a prize of comparable or greater value, at its sole discretion. All federal, state and local taxes, if any, as well as any other costs and expenses associated with prize acceptance and use not specified herein as being provided are the Winners' responsibility. All prize details are at the Sponsor's sole discretion.
CONDITIONS OF ENTRY:
8. Entrants agree to these Official Rules and the decisions of the Contest Judges and the Sponsor, which are final and binding in all matters. Entrants agree on their behalf, and on behalf of their respective heirs, executors, administrators, legal representatives, successors and assigns (collectively, "Releasing Parties"), to release, defend and hold harmless the Promotion Entities, their parents, affiliates, officers, directors, employees and agents (collectively, "Released Parties") from any and all actions, causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, lost profits, indirect or direct damages, consequential damages, incidental damages, punitive or exemplary damages, judgments, extent, executions, claims and demands whatsoever, in law, admiralty or equity, whether known or unknown, foreseen or unforeseen, against the Promotion Entities which any one or more of the Promotion Entities ever had, now have or hereafter can, shall or may have which in any way arise out of or result from entrant's participation or acceptance and use or misuse of prize, including any travel-related activities. Entrants assume all liability for any injury, including death or damage caused or claimed to be caused, by participation in this Promotion or use or redemption of any prize. This Contest shall be governed by and interpreted under the laws of the State of California, U.S.A. without regard to its conflicts of laws provisions. By entering, entrants consent to the jurisdiction and venue of the federal, state and local courts located in San Francisco County, California.
9. Entrants agree that: (a) under no circumstances will entrant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (b) all causes of action arising out of or connected with this Contest, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (c) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys' fees and court costs.
10. Without limiting the foregoing, everything on the Website is provided "as is" without any warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement. ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS PROMOTION. ENTRANTS HEREBY WAIVE ANY RIGHTS OR CLAIMS TO ATTORNEY'S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ENTRANT, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE. Some jurisdictions may not allow the limitations or exclusion of liability for incidental or consequential damages or exclusion of implied warranties; check your local laws for any restrictions regarding these limitations or restrictions.
11. Promotion Entities are not responsible for lost, delayed, misdirected, inaccurate, garbled, stolen, incomplete, or late submissions of Entries or other material. Proof of transmission (screenshots or captures of submission, etc.) and/or mailing does not constitute proof of delivery. Sponsor reserves the right, in its sole discretion, to void any and all Entries of an entrant who Sponsor believes has attempted to tamper with or impair the administration, security, fairness, or proper conduct of this Promotion. Sponsor reserves the right, in its sole discretion to terminate, modify, cancel or suspend this Promotion at any time and for any reason, including, but not limited to, fraud, technical failures including any network server or hardware failure, viruses, bugs, errors in programming, or any other errors or other causes corrupt the administration, security, integrity, or proper participation of the Promotion and, if terminated, award the prizes from among all eligible, non-suspect Entries received up to time of cancellation using the judging procedure outlined above.
12. If a dispute arises relating to an Instant Win Game prize won, a combination of factors will be assessed in determining if you are in fact eligible to win a prize; i. the Play Receipt including the unique SIC, and its corresponding play data in the Game database will be reviewed to determine the legitimacy of the claim; ii. The Contest Judges will be consulted to compare the pre-generated game data with the game play data you are presenting or have generated. Ultimately it will be the results of the Contest Judges' analysis, which will determine your entitlement to any prize. The review of any such dispute will not commence prior to two weeks following the game end date noted herein. In the event the Contest Judges' analysis reveals valid prize claims are greater than the number of prizes available as set forth in these Official Rules, then Sponsor reserves the right to conduct a random drawing among all eligible prize claimants whose claims have not yet been redeemed, to award the remaining number of advertised prizes in the prize category in question. Prizes will stop being awarded in the event Sponsor becomes aware of an error respecting the number of prizes. In no event will the Sponsor be liable for more than the stated number of prizes available in the prize category in question. Liability for defective Instant Win Game plays shall be limited to replacement with another Instant Win Game play while supplies last during the Promotion Period.
CONTEST OPERATION:
13. Released Parties do not warrant that access to the Promotion will be uninterrupted. Released Parties are not responsible for any problems that may arise, including but not limited to; (a) lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, Web sites, or other connection, availability or accessibility problems arising in connection with or over the course of the Promotion; or (b) communications failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions or hardware or software malfunctions, failures or difficulties; or (c) failure of personal computers and/or software and hardware configurations, any technical malfunctions, failures, or difficulties, printing errors, clerical, typographical or other error; or (d) for any other errors or problems of any kind relating to or in connection with the Promotion, whether human, mechanical, clerical, electronic, or technical in nature, including without limitation, any error or problem in connection with the administration of the Promotion, the processing of Entries, the administration of the judging procedure, the announcement of the prizes or in any Promotion-related materials; or (e) the incorrect or inaccurate capture of information, or the failure to capture any information in connection with the Promotion; or (f) damage to a user's system occasioned by participation in this Promotion or downloading any information necessary to enter this Promotion.
DISCLOSURES:
14. Any attempt by an entrant or other individual to deliberately damage any website or undermine the legitimate operation of this Promotion, including but not limited to any fraudulent claims, is a violation of criminal and civil laws. Should such an attempt be made, Sponsor reserves the right to seek remedies and damages (including attorneys' fees) from any such individual, to the fullest extent permitted by law, including criminal prosecution. Entrant engaging in any of the foregoing activities may be disqualified; all associated Entries and/or votes will be void and will forfeit any prize(s) won.
15. In the event of any conflict with any Promotion details contained in these Official Rules and Promotion details contained in Promotion materials (including but not limited to newsletters, television and print advertising, and other promotion media), the details of the Promotion as set forth in these Official Rules shall prevail.
16. This Contest is solely sponsored by Joint Juice, Inc., 120 Howard Street, Suite 600, San Francisco, CA 94105.
To receive a list of Prize Winners, send a self-addressed, stamped envelope to be received no later than September 3, 2011 to: P.O. Box 25495, Woodbury, MN, 55125. Winners' list will be sent after the prizes have been awarded.
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