THE GOLDEN SKOOP CUP GIVEAWAY

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.  ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED.  VOID WHERE PROHIBITED BY LAW.  BY ENTERING THE GIVEAWAY, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING.

  1. The Golden Skoop Cup Giveaway (the “Giveaway”) is open only to legal residents of the 50 United States and D.C. (excluding Rhode Island) who are 18 years of age or older at the time of entry.  Owners and employees of Sponsor and their parent companies, affiliates, subsidiaries, franchisees, and advertising and Giveaway agencies, and members of their owners’ and officers’ immediate family (spouses and parents, siblings, children and their spouses and in-laws) and persons living in the same household of such individuals, whether related or not, are ineligible to enter or win.  The Giveaway is subject to all applicable federal, state, and local laws and regulations and is void where prohibited or restricted by law. Participation constitutes entrant’s unconditional agreement to these “Official Rules” and to Sponsor’s decisions, which are final and binding in all matters related to the Giveaway. An entrant is not a winner of any prize until entrant’s eligibility as the Giveaway winner has been verified, entrant has been notified that verification is complete, entrant has completed and submitted all required forms (including an Affidavit of Eligibility and Liability/Publicity Release, if required) and entrant has otherwise complied with the terms and conditions of these Official Rules. 
  2. ENTRY PERIOD: The Giveaway will begin on July 1, 2019 at 12:01am PST and will end on July 7, 2019 at 11:59pm PST (the “Entry Period”).  Sponsor’s computer is the official time keeping device for the Giveaway.
  3. HOW TO ENTER:

IN-STORE:  To enter, during the Entry Period, visit a participating NEKTER JUICE BAR® store and purchase a Skoop frozen dessert product (“In-Store Entry”).  All individuals who enter or participate in the Giveaway, are referred to in these Official Rules as the “entrant”. 

VIA MAIL: Hand print your full name, complete residential mailing address with zip code, telephone number, email address, age, and the phrase “The Golden Skoop Cup Giveaway Entry” on a 3” x 5” card and mail in an envelope to: Nekter Juice Bar Giveaway, 1844 E. Carnegie Avenue, Santa Ana, California 92705. Mail-in entries (each also a “Mail In-Entry”) must be postmarked by July 7, 2019. No responsibility is assumed by Sponsor for lost, late, illegible, incomplete, mutilated, stolen, postage-due or misdirected mail.  Proof of delivery or receipt of Mail-In Entry (each, an “Entry”) will not be deemed by the Sponsor as proof of Entry into this Giveaway.

  1. ENTRY LIMIT; ODDS: Limit two (2) entries per person per day.  Entries received from any person in excess of the limitation will be void.  All Entries submitted become the sole property of Sponsor.  Entries will not be acknowledged or returned.  Odds depend on number of Entries received.
  2. PRIZE: One (1) Prize will be available per participating location.  The first Prize for each participating location will be awarded to the eligible In-Store Entry on whose Skoop cup appears the designated “Golden Sticker” and the second Prize for each participating location will be awarded to the Mail-In Entry selected per the process in Section 6 of these Official Rules.

Each Prize consists of one (1) $40 NEKTER JUICE BAR Gift Card, which is the equivalent of approximately one Skoop frozen dessert each week for 8 weeks.

With 141 participating NEKTER JUICE BAR locations, and One (1) Prize available per participating location, the approximate retail value of all Prizes is $5,640.

All applicable federal, state and local taxes, and any other expenses associated with prize acceptance and use are the sole responsibility of the prize winners.  All gift cards are subject to applicable terms and conditions.  ALL PRIZES ARE AWARDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE).

  1. WINNER SELECTION AND WINNER NOTIFICATION:

IN-STORE WINNER SELECTION: Each participating store has placed, at random, a designated “You Just Won!” sticker on a Skoop frozen dessert product cup.  If, during the Entry Period an eligible Entrant purchases a Skoop frozen dessert and the dessert is placed in the Skoop cup with the designated sticker, the Prize will be awarded to the eligible Entrant who purchased the product.  This potential winner may be requested to show identification, and on confirming eligibility, the Prize will be awarded immediately.

VIA MAIL:  Each Mail-In Entry will be pooled with other mail-in entries who share the same closest NEKTER JUICE BAR location as determined by Sponsor from the residential mailing address placed on the Mail-In Entry.  One eligible Entrant will be selected at random from each pool of Mail-In Entries. Potential Prize winner will be notified via phone or email.  If a potential prize winner does not respond to the notification within seventy-two (72) hours of the initial attempt, he or she may be disqualified and the prize awarded to an alternate winner.  The winners are subject to verification.  If a potential winner fails to respond to any notification attempt within the time period specified by Sponsor, or if any attempted notification or prize delivery is returned as undeliverable, or if a potential winner fails to complete and return any required affidavit or release within the specified time period, the potential winner will be disqualified and an alternate winner selected from the remaining eligible Mail-In Entries received. Up to one alternative winner will be selected from any remaining eligible Mail-In Entries received.

  1. GRANT OF RIGHTS; PUBLICITY: Entry constitutes permission for Sponsor and its parent companies, affiliates, subsidiaries, agents and licensees to use the entrant’s name, likeness, voice and/or biographical information, in perpetuity, throughout the world, in all media and formats whether now or later known or developed, for commercial purposes (including, without limitation, advertising and Giveaway), without further compensation, unless prohibited by law.
  2. RELEASE AND LIMITATIONS OF LIABILITY: Sponsor their parent companies, affiliates, subsidiaries, agents, franchisees, and licensees, and each of their respective owners, officers, directors and employees (collectively, the “Released Parties”) are not responsible, and will have no liability for, (a) late, lost, delayed, illegible, damaged, corrupted or incomplete entries, incorrect or inaccurate capture of, damage to, or loss of entries or entry information, or any other human or technical errors of any kind relating to the operation of the Giveaway, communications or attempted communications with any entrant, the submission, collection, storage or processing of entries or the administration of the Giveaway, (b) undeliverable e-mails or messages resulting from any reason outside of the Released Parties’ control, (c) any damage to any computer system or mobile device resulting from participation in or accessing or downloading information in connection with this Giveaway; or (d) lost, delayed, destroyed, re-directed, or returned prizes or any portion of a prize (which prize or portion of a prize will not be replaced or re-sent). By entering, each entrant fully releases and agrees to hold each of the Released Parties harmless from and against any and all claims, liability, damages, and demands arising out of or relating to participation in the Giveaway, the Giveaway process, the acceptance, receipt, use, or misuse of any prize or prize component and/or any use of the winner’s name, likeness, voice and/or biographical information as permitted hereunder, including without limitation all claims, liabilities, damages, and demands based on any personal injury, property damages or loss or death.  Entrants assume all liability for any injury or damage caused, or claimed to be caused, by participation in this Giveaway, or the acceptance, receipt, use, or misuse of any prize or prize component.  The Released Parties are not responsible for any typographical or other error in the promotion of the Giveaway, administration of the Giveaway or in the announcement of the prize.  In no event will more than the stated number of prizes be awarded.
  3. GENERAL CONDITIONS: Sponsor reserves the right to cancel, suspend and/or modify the Giveaway, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Giveaway, as determined by Sponsor in its sole discretion.  CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS GIVEAWAY OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS GIVEAWAY IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY PERSON OR PERSONS RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.  Sponsor reserves the right, in its sole discretion, to disqualify or prohibit from participating in the Giveaway any individual who, in Sponsor’s sole discretion, Sponsor determines or believes (i) has tampered with the entry process, or has undermined the legitimate operation of the Giveaway website or application or the Giveaway itself by cheating, hacking, deception or other unfair playing practices, or (ii) has engaged in conduct that annoys, abuses, threatens or harasses any other entrants or any representative of Sponsor, or (iii) has attempted or intends to attempt any of the foregoing.  The use of automated devices, programs or methods to submit entries is prohibited and Sponsor reserves the right, in its sole discretion, to disqualify any entry that it believes may have been submitted using such an automated device, program, or method.  Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend this Giveaway should a virus, bugs, entrant fraud or misconduct or other cause beyond the control of the Sponsor affect or corrupt the administration, integrity, security or proper operation of the Giveaway or to the extent Sponsor deems necessary in order to comply with the terms of use or terms of service of any applicable social media platform or in connection with changes to such terms.  In the event of termination of the Giveaway, a notice will be posted online and a random drawing to award the prizes will be conducted from among all eligible entries received prior to the time of termination.
  4. DISPUTES: All federal, state and local laws and regulations apply. By entering the Giveaway, each entrant agrees that (a) any and all disputes, claims, and causes of action arising out of or connected with the Giveaway, or any prizes awarded, will be resolved individually, without resort to any form of class action; and (b) any and all claims, judgments and awards will be limited to actual out-of-pocket costs incurred, including costs associated with entering the Giveaway, but in no event attorneys' fees; and (c) under no circumstances will any entrant be permitted to obtain any award for, and by entering each entrant waives all rights to claim punitive, special, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrants or of Sponsor in connection with the Giveaway, will be governed by, and construed in accordance with the laws of the State of California without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than the State of California.  Any legal proceedings arising out of or relating to this Giveaway or relating to these Official Rules will be instituted only in the federal or state courts located in the State of California, County of Orange, and the parties consent to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to these rules.
  5. WINNER’S NAME AND RULES REQUESTS: For the name of the winners, available after July 15, 2019, or a copy of these Official Rules, send a properly stamped, self-addressed envelope (i.e. “The Gold Skoop Cup Giveaway Winner Name Request” or “The Gold Skoop Cup Giveaway Official Rules”) with your request to Nekter Marketing Department, 1844 E. Carnegie Avenue, Santa Ana, California 92705.
  6. SPONSOR AND ADMINISTRATOR: Nekter Franchise, Inc., 1844 E. Carnegie Avenue, Santa Ana, California 92705.