Fresh Tri, Inc.
P.O. Box 1217
Felton, CA 95018
Sweepstakes Terms & Conditions
FRESH TRI SWEEPSTAKES – $1,000 Walmart E-Gift Card
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 December 22, 2021 at 12:00 a.m. PST and ends on February 22, 2022 at 11:59 p.m. PST (“Sweepstakes Period”). All entries must be received in accordance with these Official Rules by February 22, 2022 at 11:59 p.m. 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 13001 E. Zayante Road, 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 firstname.lastname@example.org 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 and who has one of their referred persons (as defined in Section 5, below) set up an account on Fresh Tri (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. PRIZE: There will be one (1) winner of this Sweepstakes (the “Winner”). The Winner will receive a Walmart e-gift card with a total retail value of One Thousand Dollars ($1,000.00 USD) (the “Prize”). Only one prize per person and per household will be awarded. The e-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.
The 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 the 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 the e-gift card is lost, stolen, destroyed, or used without permission, and the e-gift card 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 the Sweepstakes Period using the following steps:
If you do not already have an account, download and set up a free account for the digital app, Fresh Tri.
App Store: https://apps.apple.com/us/app/fresh-tri/id1393142523
Google Play: https://play.google.com/store/apps/details?id=com.engagedin.freshtri&hl=en_US
Share your unique referral link from the Sweepstakes Referral tray, which can be found under the Profile section within the Fresh Tri app, with anyone you know [who does not already have a Fresh Tri account].
Each person that you send this referral link to (each, a “referred person”) that downloads and sets up a free account for the Fresh Tri app with a valid email address [using your referral link] prior to the end of the Sweepstakes Period will equal one (1) entry for you as an Entrant into the Sweepstakes. Unlimited entries are allowed per Entrant with a valid Fresh Tri account. [Each referred person can only generate one entry for one Entrant.]
Multiple Entrants are not permitted to share the same email address. Automated or robotic entries submitted by individuals or organizations will be disqualified. Internet entry must be made by the Entrant. Any attempt by Entrant to obtain multiple entries through the same referred person by using multiple/different Fresh Tri accounts, email addresses, identities, registrations, logins or any other methods, including, but not limited to, commercial contest/sweepstakes subscription notification and/or entering services, will void Entrant’s entries and that Entrant may be disqualified. Final eligibility for the award of any prize is subject to eligibility verification as set forth below as determined in Sponsor’s sole discretion. All entries, i.e. a unique referred person setting up a free account for the Fresh Tri app, must be completed by the end of the Sweepstakes Period in order to be valid. Sponsor will be the official timekeeper for this Sweepstakes.
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.
In the event of a dispute as to a valid email address, the authorized account holder of the email address used for the Fresh Tri account used to enter this Sweepstakes will be deemed to be the Entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted address. 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. WINNER SELECTION: The Winner of the Sweepstakes will be selected in a random drawing from among all eligible entries from eligible Entrants. The random drawing will be conducted on or about February 23, 2022, after the Sweepstakes Period by designated representatives. Sponsor’s decisions as to Winner selection, and all other aspects of the Sweepstakes, are final and not subject to challenge. Odds of winning will vary depending on the number of eligible Entrants and entries.
7. WINNER NOTIFICATION: Winner will be notified by email at the email address used to set up a Fresh Tri account approximately five (5) days after the random drawing. The potential Winner must accept a prize by sending an email to email@example.com or as otherwise directed by Sponsor within five (5) business days of notification in order to receive the Prize. Sponsor is not responsible for any delay or failure to receive notification for any reason, including inactive email account(s), technical difficulties associated therewith, or potential Winner’s failure to adequately monitor any email account. After initial contact has been made, subsequent communication may take place via email.
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 the Prize is permitted except by Sponsor.
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 firstname.lastname@example.org.
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.