Journey to Paradise Sweepstakes Terms & Conditions

Nekter Juice Bar & Pitaya Foods –
Journey To Paradise Sweepstakes
Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.

The Nekter Juice Bar & Pitaya Foods – Journey To Paradise Sweepstakes (the “Sweepstakes”) starts on May 30, 2024 at 12:00 a.m. Eastern Time (“ET”) and ends on July 31, 2024 at 11:59 p.m. ET (“Sweepstakes Period”).

ELIGIBILITY: Sweepstakes is open to legal residents of the forty eight (48) United States and the District of Columbia (excluding Hawaii and Alaska), 18 years of age or older as of date of entry. Employees of Nekter Juice Bar & Pitaya Foods, their subsidiaries, franchisees, distributors, affiliates, promotion and advertising agencies, and members of their immediate family (spouse and parent, children and siblings and their respective spouses, regardless of where they reside) and persons living in the same household, whether or not related, of such employees, are not eligible to enter or win. Void where prohibited by law. Sweepstakes is subject to all applicable federal, state and local laws and void in Puerto Rico and where prohibited. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, X, Facebook, or any Social Media Platform/Company.

SPONSOR: The Sweepstakes is sponsored by [Nekter Juice Bar, Inc.] and [Pitaya Foods] (the “Sponsor”).

AGREEMENT TO OFFICIAL RULES:  Participation in the Sweepstakes constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding.  Winning a prize is contingent upon fulfilling all requirements set forth herein.

HOW TO ENTER:
There are two ways to enter.  You may enter by EITHER option below:

Online: To enter, you must, during the Entry Period: enter your first name, last name, phone number, email address and zip code in the appropriate fields on the designated website page. Prior to submitting your Entry, you must check the box that requires you to agree to these Official Rules in order to enter, and you may also, at your option, select the box that permits you to opt-in to receiving additional marketing communications from Sponsors. You can submit an Entry at no cost by visiting nekterjuicebar.com/pitayafoods.  Entries must be received by July 31, 2024 at 11:59 p.m. ET in order to be eligible.

Proof of delivery or receipt of Entry will not be deemed by Sponsor as proof of Entry into this Sweepstakes.  Standard data charges may apply if participating via your mobile device. Entries must comply with any applicable submission requirements located at the Website including, but not limited to all format and size requirements and the technical, creative, and legal requirements set forth in these Official Rules.

Mail: Mail a 3” x 5” card, including entering your name, age, address, contact phone, and email address, to Nekter Juice Bar 2488 Newport Blvd Ste A, Costa Mesa, CA 92627.  Upon receipt of the mail-in entry, you will receive one (1) Entry.  All mail-in entries must be hand-printed.  Any entries attempted through the use of agencies, or robotic, repetitive, automatic, programmed or similar methods, will be disqualified. No copies, facsimiles, or reproductions will be accepted. 

Entries that are submitted before or after the Sweepstakes Period will be disqualified.  All postmarked entries must be postmarked on or before July 30, 2024 and must be received on or before July 31, 2024.  Entries submitted before or after the Sweepstakes Period will be disqualified. 

RANDOM DRAWING: One (1) potential Grand Prize winner will be selected in a random drawing on or about August 1, 2024 from among all eligible entries received throughout the Sweepstakes Period. Odds of winning depend on the number of eligible entries received throughout the Sweepstakes Period.

WINNER NOTIFICATION: Sponsor’s decisions are final and binding on all matters relating to this Sweepstakes. Potential winner will be notified by mail, phone, and/or e-mail and will be required to execute and return an affidavit of eligibility, a liability release and, where lawful, a publicity release within five (5) days of date of issuance. If such documents are not returned within the specified time period, prize notification is returned as undeliverable, Sponsor is unable to contact the potential winner or the potential winner is not in compliance with these Official Rules, prize will be forfeited and, at Sponsor’s discretion, an alternate winner may be selected.

GRAND PRIZE (1): A trip for winner and one (1) guest to Miramar Surf Camp in Nicaragua. Trip consists of roundtrip, coach class air transportation from a major U.S. international gateway airport nearest winner’s residence to Nicaragua (taxes not included), six (6) days and five (5) nights hotel accommodations, and transportation to/from airport and Miramar Surf Camp. Breakfast is also included. Approximate Retail Value (“ARV”) of Grand Prize: $4,500. Actual value may vary based on date and point of departure. In the event winner elects not to travel with a guest no compensation or substitution will be provided in lieu thereof. Any difference between stated value and actual value will not be awarded. Trip must be taken within twelve (12) months from date of prize acceptance or prize will be forfeited and Sponsor will have no further obligation to such winner. Sponsor reserves right to change dates. Winner and guest(s) must travel together on the same itinerary and are solely responsible for obtaining any/all travel documents (i.e., passports and visas (if applicable)) prior to travel. Adult guest must be of legal age of majority in his/her jurisdiction of residence (and at least 18) and must sign a liability/publicity release prior to issuance of travel documents. Travel must be made through Sponsor’s agent, on a carrier of Sponsor’s choice. All federal, state and local taxes and all other costs associated with prize acceptance and use not specified herein as being provided, including any/all additional ground or air transportation while on trip, meals, souvenirs, hotel incidentals, excursions, and gratuities are the sole responsibility of the winner. Prize is awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. Winner may not substitute, assign or transfer prize or redeem prize for cash, but Sponsor reserves the right, at its sole discretion, to substitute prize (or portion thereof) with one of comparable or greater value. All prize details are in Sponsor’s sole discretion. There is no cash value for the prize and some limitations or exclusions may apply.  Any prize details not specified above will be determined by the Sponsor in its sole discretion.  Prizes are not transferable or refundable and must be accepted as awarded.  No substitution may be made, except by the Sponsor, who reserves the right to substitute a prize (or component thereof) with another prize (or component thereof) of equal or greater value if the prize is not available for any reason as determined by the Sponsor in its sole discretion.  Prizes may be reported as income to a winner and the winner will be responsible for all taxes associated with the receipt of a prize. 

PRIVACY AND PUBLICITY:  All information submitted by entrants in the Sweepstakes will be treated according to Sponsor’s Privacy Policy, available at https://www.nekterjuicebar.com/pages/privacy-policy.  Except where prohibited, participation in the Sweepstakes constitutes an entrant’s consent to the Sponsor’s use of his/her name, likeness, voice, opinions, biographical information, and state of residence for promotional purposes in any media without further payment or consideration.

GENERAL CONDITIONS:  In the event that the operation, security, or administration of the Sweepstakes is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, the Sponsor may, in its sole discretion, either (a) suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules or (b) award the prize(s) at random from among the eligible entries received up to the time of the impairment.  The Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner or with the intent to threaten, annoy, harass, bother or otherwise disrupt any other person.  Any attempt by any person to undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law.  Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision.  In the event of a dispute as to any online entry, the authorized account holder of the email address used to enter will be deemed to be the participant.  The “authorized account holder” is the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.

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; (b) to release, discharge and hold harmless Sponsor, Nekter Juice Bar, Pitaya Foods, Miramar Surf Camp, X (Formerly Known as Twitter), Facebook, and their respective parents, affiliates, subsidiaries, distributors, and advertising and promotion agencies, and the respective officers, directors, shareholders, employees, agents and representatives of the forgoing (collectively, “Released Parties”) from any and all injuries, liability, losses and damages of any kind to persons, including death, or property resulting, in whole or in part, directly or indirectly, from entrant’s participation in the Sweepstakes or any Sweepstakes-related activity or the acceptance, possession, use or misuse of the prize; and (c) to the use of his/her name, voice, performance, photograph, caption, entry, and/or likeness for 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. 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. Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Released Parties be liable for attorney’s fees.  Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.

The Released Parties shall not be liable to winners or to any other person for failure to supple the prizes or any part thereof, by reason of any acts of Gods, any action(s), regulation(s), order(s) or requests(s) by any governmental or quasi-governmental entity (whether or not the actions(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot or any other cause beyond the Release Parties’ control.

MISCELLANEOUS: Released Parties are not responsible for lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered, or garbled Entries, or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of Entries, the announcement of the prize, or in any Sweepstakes-related materials. 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.  Released Parties are not responsible for injury or damage to any person's computer related to or resulting from participating in this Sweepstakes or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Sweepstakes or website, 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. Should any portion of the Sweepstakes be, in Sponsor’s sole opinion, compromised for any reason, including virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of Entries, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Sweepstakes (or portion thereof) and, if terminated, at its discretion, select the potential winner from among all non-suspect, eligible Entries received prior to action taken. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE 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 ANY AND ALL REMEDIES AVAILABLE FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

ARBITRATION: Except where prohibited by law, as a condition of participating in this Sweepstakes, participant agrees that (1) any and all disputes and causes of action arising out of or connected with this Sweepstakes, or any prize 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 at the AAA regional office nearest the participant; (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 participant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than participant's actual out-of-pocket expenses (i.e., costs associated with participating in this Sweepstakes), and participant further waives all rights to have damages multiplied or increased.

CHOICE OF LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the substantive laws of the State of California, USA.

REQUEST FOR WINNER’S NAME: For the name of the Grand Prize winner (available after September 1, 2024) send a self-addressed, stamped, envelope by September 15, 2024, to: Pitaya Foods “Journey To Paradise” Sweepstakes Winners, Pitaya Foods 5076 Santa Fe Street, San Diego CA 92037. Vermont residents may omit postage for the self-addressed envelope.  Requests must be received within four (4) weeks of the end of the Sweepstakes Period.  For a copy of the Official Rules, mail a self-addressed stamped envelope to the above address.

SPONSORS: Nekter Juice Bar 2488 Newport Blvd Ste A, Costa Mesa, CA 92627, Pitaya Foods, 5076 Santa Fe Street (STE F) San Diego CA 92109