Nekter & Boscia Cabo Giveaway Terms and Conditions

NÉKTER 12th Birthday Text and Win Weekend

It's our Birthday, but you're getting all the presents. Win anything from $1 off to Nekter for a Year!

Every Scratcher is a winner

THIS WEEKEND ONLY, (October 7 - 9, 2022) text us to win prizes! Prizes must be claimed by 11:59 PST on 10/9/22.

Official Rules

NO PURCHASE IS NECESSARY TO PARTICIPATE OR WIN THIS PROMOTION.  VOID WHERE PROHIBITED. BY PARTICIPATING IN THE PROMOTION, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE PARTICIPATING.

1. ELIGIBILITY: Nekter Juice Bar’s 12^th Birthday Text to Win Promotion (“Promotion”) is open only to legal residents of the 50 U.S. States at participating locations, excluding residents of New York and Florida, who, as of the beginning of the Promotion Period, are at least 18 years and the age of majority in their jurisdiction. or older.  Employees, officers, directors, and representatives of Nekter Franchise, Inc. (“Sponsor”), or any of Sponsor’s parent companies, subsidiaries, affiliates, affiliate’s franchisees, or advertising or promotion agencies and members of the immediate family or household of any such employee, officer, director, or representative, are not eligible to participate or win.  Void where prohibited by law. By participating in the Promotion, you agree to be bound by these Official Rules.

2. PROMOTION PERIOD: The Promotion begins on October 7, 2022 at 12:01 AM Pacific Time (“PT”) and ends on the earlier of the complete distribution of all codes, as defined below, or October 9, 2022 at 11:59 PST (“Promotion Period”).  Sponsor’s time keeping device is the official clock of the Promotion.

3. HOW TO PARTICIPATE IN THE PROMOTION; LIMIT: During the Promotion Period, any eligible individual may obtain a code by texting BDAY to 45440. If you are not already subscribed, you will need to text Nekter to 45440 first to subscribe, then text BDAY. 
   
   
   TEXT MESSAGE ENTRY METHOD:
   Throughout the Sweepstakes Period, if you have a text messaging capable device, you may enter by sending a text message with corresponding text code to the short code “45440” to opt in, then BDAY to enter. All text messaging entries must be received before the end of the Sweepstakes Period. You will be charged for each text message sent or received from your handset or wireless device according to the terms in your Service Agreement with your wireless carrier. Each text message sent to or received by a service subscriber of any participating wireless carrier will incur a standard messaging charge, in accordance with that carrier’s Terms and Conditions applicable to such customer’s particular rate plan and a premium text messaging charge. Each wireless carrier’s rate plan may vary, and Entrants should contact their wireless carrier for information on messaging rate plans and charges relating to your participation in this Sweepstakes. In the event of a dispute regarding the identity of the person submitting a text message entry, the entry will be deemed submitted by the authorized account holder of the mobile phone number submitted at the time of entry. The authorized account holder is the natural person who is assigned to the mobile phone number by the organization that is responsible for assigning the mobile phone number. Potential winners may be required to show proof of being the authorized account holder.
   
   
   MAIL-IN ENTRY METHOD:
   Alternatively, you may enter the Sweepstakes by hand-printing “Text to Win” Sweepstakes, what prize you are entering for, along with your name, age, address, city, state, zip code, telephone number, and e-mail address (if applicable) on a 3” x 5” card and mailing the card in an envelope to: 

   Nekter Text to Win
   2488 Newport Blvd. Ste A Costa Mesa, CA 92627

Limit:  Participation in the Promotion is limited to one entry per individual, regardless of the method of entry, while the supply of codes lasts.  More specifically, an individual may only receive one code.

4. PRIZES, ODDS, REDEMPTION: When entered into the Nekter App, where indicated, each code reveals either the Grand Prize or a Coupon Prize available to the participant for redemption as described in these Official Rules. The description of the Grand Prize and the Coupon Prize, the odds of winning each, and redemption instructions are as follows:

PRIZES

1. Grand Prize. Free Nekter for a Year
   1. Specifications/Terms/Restrictions: This prize is awarded as one $600 NEKTER JUICE BAR gift card. Gift card is subject to standard NEKTER JUICE BAR gift card terms and conditions.  
   2. Approximate Retail Value: $600

• Number: There is 1 Card with this prize.

1. Odds: The odds of winning the Grand Prize is 1 in 35,000.
2. Redemption: Sponsor will request verifying, contact, and other relevant information from the Grand Prize Card holder and will also ask that the Grand Prize Card holder send the Grand Prize winning Card to Sponsor at the designated address.  Sponsor reserves the right to require that a verified eligible Grand Prize Card holder complete an Affidavit of Eligibility and Publicity/Liability Release, and otherwise comply with the terms of these Official Rules. If Grand Prize Card holder does not contact Sponsor by Octoberr 31, 2022, Sponsor is released from and will have no liability with respect to any failure to award the prize.  If a potential winner of the Grand Prize cannot be reached by Sponsor, within 14 days of initial attempt at contacting the potential winner, Sponsor is released from and will have no liability with respect to any failure to award the prize.

1. Coupon Prize - $5, $2, $1, Free Shot, or Free size upgrade
   2022 Specifications/Terms/Restrictions: A Coupon Prize may be applied only towards one order at participating NEKTER JUICE BAR locations. Coupon Prize amount cannot be applied towards sales tax. The difference between the Coupon Prize amount and the order total will not be awarded to customer if the order total is less than the Card’s Coupon Prize amount. Any order totaling more than Coupon Prize amount, and any applicable sales tax, is the responsibility of redeeming customer.  Coupon Prize Cards have no cash value. Coupon Prize Cards may not be used or redeemed in conjunction with any other Coupon Prize Card, offer, or discount.  Void where prohibited.  Card coupons must be redeemed at participating NEKTER JUICE BAR locations only.  Current prices and participation based on independent operator decisions. Store prices may vary. Not valid towards gift card purchases. Present Coupon Prize Card before ordering. All Coupon Prize Cards are subject to validation. Only original (not copied or digital), non-damaged, and legible Cards will be accepted.  Coupon Prizes may only be redeemed once and must be surrendered on use. The Coupon Prize Expires and Must be Redeemed by: October 23, 2022.
   
   Approximate Retail Value: Coupon Prize Cards are not available for retail sale, and therefore do not have an Approximate Retail Value, however the total approximate combined value of all Coupon Prize Cards is $101,500.
   Number:
   1. There are 1,399 “$5 Off” Coupon Prize Cards
2. There are 2,100 “$2 Off” Coupon Prize Cards
3. There are 3,500 “$1 Off” Coupon Prize Cards
4. There are 3,500 “Free Size Upgrade” Coupon Prize Cards
5. There are 28,000 “Free Shot” Coupon Prize Cards
   
   Odds: The odds of scratching each type of Coupon Prize is as follows:

• 1. Odds of winning “$5 Off” Coupon Prize Card is 1,399 in 35,000
  2. Odds of winning “$2 Off” Coupon Prize Card is 2,100 in 35,000
  3. Odds of winning “$1 Off” Coupon Prize Card is 3,500 in 35,000
  4. Odds of winning “Free Size Upgrade” Coupon Prize Card is 28,000 in 35,000
  5. Odds of winning “Free Shot” Coupon Prize Card is 28,000 in 35,000

1. Redemption: Coupon Prize Cards may be redeemed at participating NEKTER JUICE BAR locations only, for in-person orders, subject to the “Specifications/Terms/Restrictions” set forth above.  Coupon Prize Card must be presented to the cashier of the Store prior to submitting an order. Each Coupon Prize Card may only be used once and must be surrendered to the Store on use. Coupon Prize Card may only be used towards one purchase order.

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).

Sponsor reserves the right to refuse awarding any prize or offer if the Card has been modified, mutilated, worn or torn to an extent where the prize or offer is unclear or tampered with.

All expenses and costs associated with acceptance and use of the prize are the responsibility of the winner/Card holder. All federal, state and local taxes on the value of the prize, if applicable, are the responsibility of the winner/Card holder.  Each prize will be awarded if properly claimed.  No substitution, cash redemption, or transfer of the right to receive any prize or prize component is permitted, except in the discretion of Sponsor.  Sponsor reserves the right to substitute a prize or prize component with cash or a comparable prize of equal or greater value.  The prizes consist only of the items expressly specified in these Official Rules.  All expenses or costs associated with the acceptance or use of any prize or any component thereof that are not expressly specified in these Official Rules as being part of the prize are the responsibility of the winner.  All prize winners are subject to verification regarding eligibility.

5. VERIFICATION OF WINNERS. Potential winners are subject to verification and may, in Sponsor's discretion, be required to submit proof of identity and/or eligibility in a form acceptable to Sponsor (including, without limitation, government-issued photo identification).  Verification may take place at the Store. Sponsor will have the right to require that the potential Grand Prize winner complete, sign and return to Sponsor an Affidavit of Eligibility and Publicity/Liability Release within seven (7) days of attempted delivery of same.  If any attempted notification or prize delivery is returned as undeliverable or if the potential winner fails to respond to any notification attempt within the time period specified by Sponsor, fails to complete, sign, and return any required forms, affidavits, or releases within the time period specified by Sponsor, does not meet the eligibility requirements set forth in these Official Rules or is not compliant with these Official Rules, that potential Grand Prize winner may be disqualified.  

6. GRANT OF RIGHTS: By participating in the Promotion, that is, by accepting or asking for a Card, you grant to Sponsor, Sponsor’s affiliates and its designees and agents the right to photograph, record and/or videotape you and further to display, edit, use and/or otherwise exploit your name, face, likeness, gender, “hometown”, voice, statements, and appearance, in all media, whether now known or hereafter devised, (including, without limitation, in computer or other device applications, online (webcasts, streaming, social media, or any other online platforms or sites), television programming or advertisements, in motion pictures, films, newspapers, and magazines) and in all forms including, without limitation, digitized images or video, throughout the universe in perpetuity, whether for advertising, publicity, or promotional purposes, or any other purpose, without compensation, residual obligations, reservation or limitation, or further approval, and you agree to indemnify and hold harmless the Released Parties, as defined below, for any claims or damages associated with such grant and right to use.  Sponsor, however, is no obligation to exercise any rights granted herein.

7. RELEASE AND LIMITATION OF LIABILITY: Sponsor, Sponsor’s parent companies, affiliates, subsidiaries, agents, franchisees, and licensees, as well as the officers, directors, owners, shareholders, employees, representatives, and agents of Sponsor as well as each of the foregoing (collectively, the “Released Parties”) are not responsible, and will have no liability for, (a) late, lost, delayed, illegible, damaged, corrupted or incomplete Cards, incorrect or inaccurate Cards or any other human or technical errors of any kind relating to the operation of Promotion, the communications or attempted communications with any participant, the submission, collection, storage, or processing of entries, or the administration of the Promotion, (b) any Force Majeure Event or any other event outside Sponsor’s or any of Sponsor’s franchisee’s control that may cause any alteration, postponement or cancellation of any part of the Promotion or any prize; (c) any injury or damage to any individual or property due to potential winner’s travel to or from claiming the prize or any Promotion-related activity undertaking by any participant, potential winner, or winner; (d) any illegible or unclear phone numbers, address, or entry information provided, any failure on behalf of a potential winner to check or receive voicemail or email or to respond to any winner notification voicemail left or email sent.  THE RELEASED PARTIES SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR OTHER DAMAGE OR EXPENSE RESULTING FROM OR ARISING OUT OF ANY COMPONENT OF ANY PRIZE OR ANY OTHER ASPECT OF ANY PRIZE WINNER’S USE OR MISUSE OF THE PRIZE.  By participating, each participant fully releases, covenants not to sue, and agrees to hold each of the Released Parties harmless from and against any and all claims and liability arising out of the operation of the Promotion, participation in the Promotion, the acceptance, receipt or use (or misuse) of any prize or prize component and/or any use of the participant’s name, likeness, voice and/or biographical information as permitted hereunder, including without limitation all claims and liabilities based on any personal injury, property damages, loss, and/or death. Participants assume all liability for any injury or damage caused, or claimed to be caused, by participation in this Promotion, or the redemption, acceptance, receipt or use or any prize or prize component.  The Released Parties are not responsible for any typographical, printing, production or other error with respect to the Cards, in the administration of the Promotion, or in the announcement of any prize or notification of any winner.  In no event will more prizes or offers than the number stated in these Official Rules be awarded. Each winner agrees to execute such additional release(s), waiver(s) of liability and/or agreement(s) as may be required by a provider of a prize component, within the time period specified by Sponsor or the provider, if so required. 

8. GENERAL RULES: By participating in this Promotion, participants agree to be bound by the Official Rules and the decisions of Sponsor, which are final and binding in all respects.  CAUTION: ANY ATTEMPT TO DELIBERATELY UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS PROMOTION 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 (including from being awarded a prize or redeeming an offer) or prohibit from participating in the Promotion any individual who, in Sponsor’s sole discretion, Sponsor determines or believes (i) has tampered with the participation process, or has undermined the legitimate operation of the Promotion by cheating, hacking, deception or other unfair playing practices, or (ii) has engaged in conduct that annoys, abuses, threatens or harasses any other participant or any representative of Sponsor or its franchisees, or (iii) has attempted or intends to attempt any of the foregoing.  Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend this Promotion should participant fraud or misconduct or other cause beyond the control of the Sponsor affect or corrupt the administration, integrity, security or proper operation of the Promotion 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 Promotion, a notice will be posted online and Sponsor will award the prizes by any reasonable method it deems to be fair and equitable in its discretion.  

9. DISPUTE RESOLUTION; VENUE; JURISDICTION: All federal, state and local laws and regulations apply. By participating the Promotion (that is, by accepting or requesting a Card), each participant agrees that (a) any and all disputes, claims, and causes of action arising out of or connected with the Promotion, or any prizes awarded, shall be resolved individually, without resort to any form of class action; and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in the Promotion, but in no event attorneys' fees; and (c) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND BY PARTICIPATING EACH PARTICPANT 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 arising from or relating to the Promotion or these Official Rules, shall 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 this Promotion or relating to these Official Rules must be instituted solely and exclusively in the federal or state courts located in Orange County in the State of California, and the parties consent to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising from or relating to the Promotion or these Official Rules.

10. WINNER’S NAME AND OFFICIAL RULES REQUESTS: For the name of the Grand prize winner, available after October 31, 2022, or a copy of these Official Rules, send an email request with your full name and mailing address as well as your clearly stated request to marketing@nekterjuicebar.com with the subject line  Winner’s List Request for Nekter Juice Bar’s 12^th Anniversary BDAY Promotion or Official Rules request for Nekter Juice Bar’s 12^th Anniversary Scratch-Off Promotion, as applicable.
    
    

11. Mobile Device Entrants: Network service for transmission of text messages/entries may be interrupted or unavailable due to atmospheric or topographical conditions, governmental regulations or orders, or system capacity limitations. Sponsor assumes no responsibility for message/entry delivery or timeliness of messages/entries, or for the availability of messaging or general phone services at all times. By participating in the Sweepstakes via text message, you authorize Sponsor to communicate with you by text messaging for the purpose of Entry Method #1, as set forth herein.

    Sponsor and its agents are not responsible for text message entries not received due to lost, failed, delayed or interrupted connections or miscommunications, or to other electronic malfunctions, delays, or errors of any kind in the transmission or receipt of such entries. Sponsor is not responsible for incorrect or inaccurate entry information, whether caused by any human or technological error that may occur in the processing of entries. Any other attempted form of entry not specified herein is prohibited; no automatic, programmed, robotic or similar means of entry are permitted.

12. Entrant’s Personal Information
    Information collected from entrants is subject to Sponsor’s Privacy Policy, which is available at https://www.nekterjuicebar.com/pages/privacy-policy . Each entrant acknowledges that, by entering the Sweepstakes, entrant has opted into Sponsor’s Privacy Policy and, by opting into Sponsor’s Privacy Policy, has read and accepted Sponsor’s Privacy Policy. Any complaints or concerns regarding this policy should be directed to marketing@nekterjuicebar.com 
    
    
13. Sponsor AND ADMINISTRATOR: Nekter Franchise, Inc., [2488 Newport Blvd. Ste A Costa Mesa, CA 92627].