Fresh Tri® 10 Year Anniversary (10-Day Giveaway) Terms & Conditions

Last Updated: October 10, 2023

FRESH TRI SWEEPSTAKES – Fresh Tri is turning 10 years old on October 10th! To celebrate, we will be running a 10-day giveaway. We’ve incorporated daily themes centered around Fresh Tri’s core habit set focus areas: eating healthy, moving more, managing stress, and thinking positively. We’ll be rewarding $100 value gifts to winners each day.

By entering Fresh Tri’s Sweepstakes, you agree to the following:

TERMS & CONDITIONS (THE “OFFICIAL RULES”)

THIS SWEEPSTAKES IS A PROMOTION OF FRESH TRI. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THE PRIZE. NO PURCHASE OR PAYMENT OF ANY KIND WILL INCREASE YOUR CHANCES OF WINNING THE PRIZE. VOID WHERE PROHIBITED OR RESTRICTED BY LAW OR WHERE BONDING, REGISTRATION, OR OTHER REQUIREMENTS EXIST BUT HAVE NOT BEEN MET. BY ENTERING THIS SWEEPSTAKES, YOU AGREE TO THESE TERMS AND CONDITIONS AND TO RECEIVE EMAILS, PROMOTIONS, AND OTHER COMMUNICATIONS FROM FRESH TRI.

THESE TERMS AND CONDITIONS ARE A CONTRACT- READ THEM CAREFULLY BEFORE ENTERING. BY ENTERING THIS SWEEPSTAKES, ENTRANTS ACCEPT AND AGREE TO BE BOUND BY THESE OFFICIAL RULES.

This Sweepstakes is open to legal residents of the 50 United States and District of Columbia who are over the age of 18 as of the date of entry. Entries originating from any other country, state, or jurisdiction are not eligible for entry. This Sweepstakes is governed exclusively by the laws of the United States and the State of California.

1. SWEEPSTAKES PERIOD: The Fresh Tri Sweepstakes begins on October 10, 2023 at 12:00 AM PST. and ends on October 20, 2023 at 12:00 AM PST (“Sweepstakes Period”). All entries must be received in accordance with these Official Rules by October 20, 2023 at 12:00 AM PST  to be eligible for the Prize. 
2. SPONSOR: The sponsor of this Sweepstakes is Fresh Tri, Inc. with a principal place of business at P.O. Box 1217, Felton, CA 95018 (“Sponsor”). By participating in the Sweepstakes, each Entrant (as defined below) unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sponsor, which shall be final and binding in all respects. Sponsor is responsible for the collection, submission and processing of entries and the overall administration of the Sweepstakes. Entrants should look solely to Sponsor with any questions, comments or problems related to the Sweepstakes. Sponsor may be reached by email at winner@freshtri.com or via direct message on Fresh Tri’s Instagram, Facebook or TikTok accounts during the Sweepstakes Period.
3. ELIGIBILITY: Open to any legal resident of the fifty (50) states of the United States and District of Columbia who are at least eighteen (18) years of age at the time of entry.(as provided in Section 5, below) (the “Entrant”). Sponsor, and its respective parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies and each of their respective officers, directors, employees and agents (the “Sponsor Entities”), are ineligible to enter the Sweepstakes or win a prize. Household Members and Immediate Family Members of such individuals are also not eligible to enter or win. “Household Members” shall mean those people who share the same residence at least three months a year. “Immediate Family Members” shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses. This Sweepstakes is subject to all applicable federal, state and local laws and regulations and is void where prohibited or restricted by law.
4. PRIZES: There will be ten (10) Winners of this Sweepstakes (the “Winners”). Each winner will receive a prize (each, a “Prize”) with a total retail value of one hundred dollars ($100.00). 

 Only one Prize per person and per household will be awarded.  Any gift card will be subject to the terms and conditions of the issuer. The Prize, or any part thereof, cannot be transferred, redeemed for cash or substituted by the Winner. Sponsor reserves the right in its sole and absolute discretion to award a substitute prize of equal or greater value if a prize described in these Official Rules is unavailable or cannot, or without hardship cannot, be awarded, in whole or in part, for any reason. Restrictions, conditions, and limitations may apply. Sponsor will not replace any lost or stolen Prize.

Each Prize will only be awarded to an eligible individual according to criteria set forth herein. All federal, state and/or local taxes (including, without limitation, income taxes), fees, costs, expenses, and surcharges arising from or relating to a Prize (or any substitution) or its delivery, transfer, receipt, acceptance, possession, use or disposition are the sole responsibility of the Winner. Sponsor is not responsible if a Prize is lost, stolen, destroyed, or used without permission, and a Prize will not be replaced.

Failure to comply with the Official Rules will result in forfeiture of the Prize.

5. HOW TO ENTER:

No purchase or payment necessary to enter or win the Sweepstakes. Enter the Sweepstakes during each daily Sweepstakes Period using the following steps. The Sweepstakes begins at 12:00 a.m. Pacific Standard Time (“PST”) on October 10, 2023 and ends at 12:00 a.m. PST on October 20, 2023 (“Sweepstakes Period”). The Sponsor’s database computer is the official time-keeping device for the Sweepstakes. Eligible Entrants can enter the Sweepstakes by sharing the daily giveaway post on our social media (Instagram and/or Facebook and/or TikTok), following the official Fresh Tri accounts on social media (Instagram and/or Facebook and/or TikTok), and commenting on the post for the giveaway assigned to that day. Each completed registration received during the Sweepstakes Period will account for one (1) valid Sweepstakes entry for the prize that day. Each daily giveaway requires a separate entry to be eligible for the designated prize that day. To be valid, each entrant must complete all of the necessary steps detailed in the instructions above. Entries made by any other individual or any entity, and/or originating at any other website or email address, including, but not limited to, commercial Sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes. The use of automated entry devices is prohibited and no mechanically reproduced entries are allowed; all such entries are void.

If you choose to enroll using your mobile phone, standard data fees may apply. You should consult your wireless service provider’s pricing plan for details. You agree to incur any charges demanded by your wireless carrier. You should also check your device’s features for capabilities and check the device manual for specific use instructions.

The potential Winner may be required to show proof of being the authorized account holder. Entries will not be acknowledged or returned. Only fully-completed entries are eligible. Proof of submission will not be deemed to be proof of receipt by Sponsor.

6. DRAWING AND NOTIFICATION: The potential daily First Prize Winners will be selected in ten (10) random drawings conducted by the Sponsor. The daily Prize drawings will be conducted on 10/10/23, 10/11/23, 10/12/23, 10/13/23, 10/14/23, 10/15/23, 10/16/23, 10/17/23, 10/18/23, 10/19/23. One (1) First Prize Winner will be selected for each day. Odds of winning a First Prize will depend on the total number of eligible entries at the time of each drawing. The potential First Prize Winners will each be contacted by the Sponsor via email and/or USPS mail.

Any notification not responded to or returned as undeliverable will be considered such potential Winner’s forfeiture of the Prize, and an alternate Winner may be selected from the pool of eligible entries from eligible Entrants. If an Entrant is found to be ineligible, an alternate Winner may also be selected from the pool of eligible entries from eligible Entrants.

The potential Winner may be required to sign and return, where legal, an affidavit or declaration of eligibility, release of liability, a publicity release, and/or rights transfer document within seven (7) calendar days of receipt. If such document is not returned within the specified time period, the Prize or prize notification is returned as undeliverable or the potential Winner is not in compliance with these Official Rules, the Prize will be forfeited by the potential Winner and an alternate Winner will be selected. Upon prize forfeiture, no compensation will be given. In the event of a dispute as to the identity of any potential Winner, Sponsor reserves the right in its sole discretion to select another Winner and the unidentifiable potential Winner will forfeit all rights to a prize.

No substitution or transfer of a Prize is permitted except by Sponsor.

8. PRIVACY: Any personal information supplied by you will be subject to the privacy policy of the Sponsor linked at https://freshtri.com/privacy-policy/. By participating in the Sweepstakes, Entrants acknowledge that they have read and accepted Sponsor’s privacy policy. By entering the Sweepstakes, you hereby agree to Sponsor’s collection and usage of your personal information and grant Sponsor permission to share your name, email address and any other personally identifiable information for the purpose of administration and fulfillment of the Sweepstakes, including use of your name in a publicly-available Winners list.
9. GENERAL CONDITIONS: By participating, each Entrant agrees: (a) to abide by these Official Rules and decisions of Sponsor, which shall be final and binding in all respects relating to this Sweepstakes; and (b) to the use of his/her name, voice, performance, photograph/video, image and/or likeness for editorial, administrative, programming, advertising, publicity and promotional purposes in any and all media, now or hereafter known, worldwide and on the Internet, and in perpetuity by Sponsor and its designees, without compensation (unless prohibited by law) or additional consents from Entrant or any third party and without prior notice, approval or inspection, and to execute specific consent to such use if asked to do so. By participating, Entrant also agrees not to release any publicity or other materials on their own or through someone else regarding their participation in the Sweepstakes without the prior consent of the Sponsor, which it may withhold in its sole discretion. By participating, each Entrant agrees and consents to receive via email newsletters, special promotion and other electronic communications from Fresh Tri.

An Entrant may cancel and withdraw such Entrant’s entries in the Sweepstakes at any time prior to the end of the Sweepstakes period by sending an email from the email address used for entry to winner@freshtri.com or by direct messaging Fresh Tri’s official Instagram, Facebook or TikTok accounts.

If any provision of these Official Rules is held to be illegal or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that these Official rules otherwise remain in full force and effect and enforceable.

10. LIMITATION OF LIABILITY: BY PARTICIPATING, ENTRANTS AND THE WINNER AGREE TO RELEASE AND HOLD HARMLESS SPONSOR AND ITS ADVERTISING AND PROMOTIONS AGENCIES AND THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, PARTNERS, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNS, EMPLOYEES, CONTRACTORS, SHAREHOLDERS, OFFICERS AND DIRECTORS (COLLECTIVELY, “RELEASED PARTIES”), FROM ANY AND ALL LIABILITY, FOR LOSS, HARM, DAMAGE, INJURY, COST OR EXPENSE WHATSOEVER INCLUDING WITHOUT LIMITATION, PROPERTY DAMAGE, PERSONAL INJURY AND/OR DEATH WHICH MAY OCCUR IN CONNECTION WITH, PREPARATION FOR, TRAVEL TO, OR PARTICIPATION IN SWEEPSTAKES, OR POSSESSION, ACCEPTANCE AND/OR USE OR MISUSE OF PRIZE OR PARTICIPATION IN ANY SWEEPSTAKES-RELATED ACTIVITY AND FOR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, INVASION OF PRIVACY, COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT OR ANY OTHER INTELLECTUAL PROPERTY-RELATED CAUSE OF ACTION. THE FOREGOING LIABILITIES ARE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Sponsor and the Released Parties assume no responsibility or liability for (a) any lost, late, incomplete, damaged, incorrect, inaccurate, stolen, delayed, misdirected, undelivered or garbled entry or entry information, or for any faulty or failed electronic data transmissions; (b) any unauthorized access to, or theft, destruction or alteration of entries at any point in the operation of this Sweepstakes; (c) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure of any sort, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, camera, computers or providers utilized in any aspect of the operation of this Sweepstakes; (d) inaccessibility or unavailability of any network or wireless service, the Internet or website or any combination thereof; (e) suspended or discontinued Internet, wireless or landline phone service; (f) any injury or damage to participant’s or to any other person’s computer or mobile device which may be related to or resulting from any attempt to participate in the Sweepstakes or download of any materials in the Sweepstakes; or (g) any other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with this Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of this Sweepstakes, the processing of entries, the drawing for the Prize, the announcement of the Prize, or the incorrect uploading of any materials related to this Sweepstakes. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes.

Persons who tamper with or abuse any aspect of the Sweepstakes or the applications or websites of any Released Party, or who act in an unsportsmanlike or disruptive manner or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated entries will be void. Notwithstanding the foregoing, Sponsor may seek equitable relief in any court of competent jurisdiction. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE SPONSOR’S WEBSITES OR APPLICATIONS OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

If, for any reason, the Sweepstakes is not capable of running as planned for reasons which may include without limitation, infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend this Sweepstakes in whole or in part. In such event, Sponsor shall immediately suspend all drawings and awards, and Sponsor reserves the right to award the Prize in a manner deemed fair and equitable by Sponsor. Sponsor and the Released Parties shall not have any further liability to any participant in connection with this Sweepstakes.

11. SOCIAL NETWORK DISCLAIMER: This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, any social media platform. You are providing your information to Fresh Tri and not to any social media platform or any other entity.
12. ARBITRATION/GOVERNING LAW: EXCEPT WHERE PROHIBITED BY LAW, AS A CONDITION OF PARTICIPATING IN THIS SWEEPSTAKES, ENTRANT AGREES THAT (1) ANY AND ALL DISPUTES AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SWEEPSTAKES, OR ANY PRIZES AWARDED, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND EXCLUSIVELY BY FINAL AND BINDING ARBITRATION UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION AND HELD IN THE STATE OF CALIFORNIA, CITY OF SAN JOSE; (2) THE FEDERAL ARBITRATION ACT SHALL GOVERN THE INTERPRETATION, ENFORCEMENT AND ALL PROCEEDINGS AT SUCH ARBITRATION; AND (3) JUDGMENT UPON SUCH ARBITRATION AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. UNDER NO CIRCUMSTANCES WILL ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES, INCLUDING ATTORNEYS’ FEES, OTHER THAN ENTRANT’S ACTUAL OUT-OF-POCKET EXPENSES (I.E., COSTS ASSOCIATED WITH PARTICIPATING IN THIS SWEEPSTAKES), AND ENTRANT FURTHER WAIVES ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR INCREASED. THE ARBITRATION SHALL BE CONDUCTED IN THE STATE OF CALIFORNIA, CITY OF SAN JOSE.

THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Sweepstakes, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to the County of Santa Cruz in the State of California. The parties agree not to raise the defense of forum non conveniens.

13. WINNER LIST/OFFICIAL RULES: To obtain the name of the Winner or a copy of these Official Rules, send your request along with a stamped, self-addressed envelope to Fresh Tri, Attention: Marketing Department at P.O Box 1217, Felton, CA 95018.