2. HOW TO ENTER: To enter, visit http://www.fitbie.com/kind-giveaway-valentine-s-day (the “Web Site”) during the Promotion Period and completely fill out all the required fields on the entry form, including first and last name, complete home mailing address (no P.O. Boxes), daytime telephone number (including area code), date of birth and e-mail address. Then submit your entry form to the Web Site (the “Entry” or “Entries). ALL ENTRIES MUST BE RECEIVED BY 11:59 PM ET, February 14, 2013. Limit one (1) Entry per person per e-mail address per day throughout the Promotion Period. Entries by the same person in excess of the limits stated herein will be disqualified. Entries submitted to the Web Site will be deemed to have been submitted by the authorized account holder of the e-mail address submitted at the time of the entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
3. RANDOM DRAWING; ODDS OF WINNING: Sponsor will randomly select the winner(s) from among all eligible entries received on February 15, 2013. Odds of winning depend on the total number of eligible entries received.
4. WINNER NOTIFICATION: Potential winner(s) will be notified by e-mail using the information provided on his/her Entry, on or about February 20, 2013. Sponsor will then send to potential winner(s) by e-mail, at the e-mail address on his/her Entry, an Affidavit of Eligibility, Release of Liability, Publicity Release, unless prohibited by law, and any other documentation that Sponsor requires (the “Affidavit”). In order to redeem his/her prize, potential winner(s) shall sign, have notarized, and return to Sponsor the Affidavit within fourteen (14) days from the date Sponsor sent the Affidavit. In the event: (a) potential winner(s) cannot be reached for whatever reason after a reasonable effort has been exerted based on the information stated in the Entry, (b) of noncompliance with the above or within any of the aforesaid time periods, (c) potential winner is found to be ineligible to enter the Sweepstakes or receive the prize, (d) potential winner cannot or does not comply with the Official Rules, (e) potential winner’s prize notification or Affidavit is returned as undeliverable for whatever reason, or (f) potential winner fails to fulfill the Affidavit-related obligations, the potential winner shall be disqualified from the Sweepstakes and an alternate potential winner may be selected, at Sponsor’s sole discretion, from among the other eligible entries received. Winner selection is under the supervision of Sponsor, whose decisions are final and binding in all respects. If entrant’s e-mail address, telephone number, or home mailing address changes after he/she enters the Sweepstakes, it is the entrant’s sole responsibility to notify Sponsor by postal mailing notice to the address stated below to be received before the end of the Promotion Period.
5. PRIZES: The approximate retail value (the “ARV”) of the prize is $42.95 and consists of 20 KIND Bars. The total ARV of all prizes awarded is $214.75. There is a total of five prize(s) to be awarded to five winner(s). Prize subject to any and all applicable terms and conditions. Any depictions of prizes are for illustrative purposes only. All federal, state and local taxes on the prize are the sole responsibility of the winner. Winner will be sent an IRS Federal 1099-MISC tax form for the retail value of any prize at or above $600. No transfer, refund, substitution or replacement of prize permitted, except that Sponsor reserves the right, in its sole discretion, to substitute a prize of equal or greater value (or cash equivalent). ARV of all prizes is in U.S. dollars. All prizes will be awarded within 1 year of receipt of valid and executed winners’ affidavit or prize confirmation. Any portion of the prize not accepted or unclaimed and/or unused by the winner will be forfeited and will not be substituted.
7. NO TAMPERING; RIGHT TO CANCEL, MODIFY: Sponsor and its parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors shall not have any obligation or responsibility, including any responsibility to award any prize to entrants, with regard to: (a) Entries that contain inaccurate information or do not comply with or violate the Official Rules; (b) Entries, prize claims or notifications that are lost, late, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind; (c) entrants who have committed fraud or deception in entering or participating in the Sweepstakes or claiming the prize; (d) telephone, electronic, hardware, software, network, Internet or computer malfunctions, failures or difficulties; (e) any inability of the winner to accept the prize for any reason; (f) if a prize cannot be awarded due to travel cancellation, delays or interruptions due to Acts of God, natural disasters, terrorism, weather or any other similar event beyond Sponsor’s reasonable control; or (g) any damages, injuries or losses of any kind caused by any prize or resulting from awarding, acceptance, possession, use, misuse, loss or misdirection of any prize or resulting from participating in this promotion or any promotion or prize related activities. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be (a) tampering with the entry process or the operation of the Sweepstakes, or with any Web sites promoting the Sweepstakes; (b) acting in violation of the Official Rules; or (c) entering or attempting to enter the Sweepstakes multiple times through the use of multiple e-mail addresses or the use of any robotic or automated devices to submit entries. If Sponsor determines, in its sole discretion, that technical difficulties or unforeseen events compromise the integrity or viability of the Sweepstakes, Sponsor reserves the right to void the entries at issue, and/or terminate the relevant portion of the Sweepstakes promotion, including the entire Sweepstakes promotion, and/or modify the Sweepstakes and/or conduct a random drawing to award the prize(s) using all eligible entries received as of the termination date. If the Sweepstakes is terminated or modified due to technical difficulties or unforeseen events prior to the expiration date of the Promotion Period, notice will be posted at http://www.fitbie.com/blogs/juice-bar.
8. RELEASE OF LIABILITY; DISCLAIMER OF WARRANTY; FORUM SELECTION CLAUSE: By participating in the Sweepstakes, entrants and winner agree to release and hold harmless Sponsor and its parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors, from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury (including emotional distress), and/or death which may occur in connection with preparation for, or participation in, the Sweepstakes, or possession, acceptance and/or use or misuse of the prize or participation in any Sweepstakes-related activity and for any claims or causes of action based on publicity rights, defamation or invasion of privacy and merchandise delivery. By accepting the prize, winner agrees that any liability concerning or arising out of the prize rests solely with the manufacturer of the goods or their affiliates. Sponsor and its parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors assume no responsibility for any injury or damage to entrants or to any other person’s computer, regardless of how caused, relating to or resulting from entering or downloading materials or software in connection with this Sweepstakes. Entrants and winners acknowledge that Sponsor has neither made nor is in any manner responsible or liable for any warranty, representations or guarantees, express or implied, in fact or in law, relative to any prize, including, but not limited to, express warranties provided by the manufacturer of the goods or their affiliates. Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant or Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Pennsylvania without giving effect to any choice of law or conflict of law rules (whether of the Commonwealth of Pennsylvania, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Commonwealth of Pennsylvania. In addition, any dispute relating to the Sweepstakes (including these Official Rules) shall be brought in the appropriate state or federal court having jurisdiction over the subject matter located in the County of Lehigh, Pennsylvania. Entrants hereby irrevocably consent to the personal jurisdiction of said courts and waive any claim of forum non conveniens or lack of personal jurisdiction they may have.
9. LIST OF WINNERS; FUTURE SWEEPSTAKES/CONTESTS: To receive a list of the winners after March 20, 2013, by mail send a self-addressed envelope, with applicable U.S. postage affixed (VT state residents only may omit return postage), to: Valentine’s day kind box giveaway, Rodale Inc., 733 Third Ave. 10th Floor, Attn: Fitbie, or by e-mail send an e-mail to [email protected] and in the body of the e-mail type: Please e-mail me the winner’s list for the Valentine’s Day Kind Box Giveaway.
10. SPONSOR: The Sponsor of the Sweepstakes are Rodale Inc., 33 East Minor Street, Emmaus, PA 18098-0099.
PRIZE Valentine’s Day KIND Box
RETAIL VALUE $42.95
NUMBER OF PRIZES 5
ODDS OF WINNING Depend on the Total Number Eligible Entries Received