OFFICIAL RULES – CONSUMER DISCLOSURE
You have not yet won. No purchase or payment of any kind to Sponsor is necessary to enter or win this promotion.
By entering this promotion (the “Promotion”), entrants accept and agree to be bound by these Official Rules. Any violation of these rules may result in disqualification. All decisions of the Sponsor regarding this Promotion are final and binding in all respects.
PROMOTION PERIOD. This Promotion begins September 27, 2012 at 9 a.m. PT and ends on January 10, 2013 at 11 p.m. PT, when all entries must be received (“Promotion Period”).
ELIGIBILITY. This Promotion is only open those who are eighteen (18) years of age or older at the time of entry, except officers, directors, stockholders, and employees of the Sponsor or any other party associated with the development or administration of this Promotion, and the immediate family (i.e., parents, children, siblings, spouse) of and persons residing in the same household as such individuals.
HOW TO ENTER. Entry into this Promotion may only be made during the Promotion Period. You will be entered in the Promotion automatically upon submission of a qualified application through the ChallengePost website. All entrant information, including your personal information, is treated confidentially by the Sponsor. The Sponsor will not pass on your information to any third parties or use your information other than for the publicity purposes described below under “CONSENT AND RELEASE”.
PRIZES. There will be a total of 14 winners (each, a “Winner”) of prizes in this promotion (each, a “Prize”). There will be 1 Winner of a Judges’ Choice Grand Prize, which consists of $3,000 cash plus reimbursement of the expenses of a trip to visit the Lemon team in Palo Alto, California, or Buenos Aires, Argentina, at the winner’s election, consisting of coach airfare for two (up to $2,000 per person), hotel (up to $1,000), and food, transportation and entertainment (up to $1,000). There will be 1 Winner of a People’s Choice Grand Prize, which consists of $3,000 cash plus reimbursement of the expenses of a trip to visit the Lemon team in Palo Alto, California, or Buenos Aires, Argentina, at the winner’s election, consisting of coach airfare for two (up to $2,000 per person), hotel (up to $1,000), and food, transportation and entertainment (up to $1,000). There will be 1 Winner of a Judges’ Choice Silver Prize, which consists of $2,000 cash. There will be 1 winner of a Judges’ Choice Bronze Prize, which consists of $1,000 cash. There will be 10 winners of a People’s Choice Sweethearts, which consists of a Lemon T-shirt, stickers and other prizes worth approximately $25 in total. Each Winner is solely responsible for reporting and payment of all income and federal, state and local taxes associated with the Prize. Each Winner may receive an IRS Form 1099 for the retail value of the Prize. Each Winner is responsible for expenses not specified, including but not limited to possible costs of receiving Prize notifications via SMS (including your wireless provider's standard SMS and/or data rates, which may apply). The Winner shall solely bear all risk of loss of the Prize.
ODDS OF WINNING. The odds of winning this Promotion and of receiving the Prize depend on the number of eligible Promotion Entries received during the Promotion.
WINNER SELECTION AND NOTIFICATION. Winner selection for each People’s Choice Prize will be based on votes cast on the ChallengePost website between January 15, 2013 at 9 a.m. PT and January 25, 2013 at 5 p.m. PT. Winner selection for each Judges’ Choice Prize will be based on votes cast by the panel of judges who are listed on the ChallengePost website. In each case, the entrant receiving the most votes will be deemed the Winner. Each winner will be notified by email, SMS or phone call after 9 a.m. PT on February 5, 2013. Upon selecting the potential Winner and determining that he or she has met all eligibility requirements of the Promotion, including without limitation the legal residence requirement, the execution of required waivers, releases, indemnity agreements and disclaimers, such individual will be declared a “Winner” of the Promotion. In case of any dispute, the decisions of Sponsor are final. If for any reason there are no eligible entrants or a Winner cannot be determined, such Prize shall be forfeited to the Sponsor and shall no longer be available for claim as a Prize in this Promotion.
PRIZE COLLECTION. The each Prize will be mailed as a check to the address of the Winner provided on the Release Form. In the case of Prizes including cash and goods, this will be mailed within 10 business days of the receipt by Sponsor of the executed Release Form. In the case of Prizes including trip reimbursement, this will be mailed within 10 business days of the later of receipt by Sponsor of the Release Form and receipts reflecting eligible expenses.
NO PRIZE TRANSFER OR SUBSTITUTION. The Prize is not transferable and the reimbursement portion of each Grand Prize is not redeemable for cash. Sponsor reserves the right at its sole discretion and without prior notice to substitute the Prize for another of equal or greater value, to reschedule when the Prize may be claimed or cancel or revoke the Promotion entirely.
CONSENT AND RELEASE. By entering the Promotion, each entrant releases and discharges the Sponsor and any other party associated with the development or administration of this Promotion, their parent, subsidiary, and affiliated entities, and each of their respective officers, directors, stockholders, employees, independent contractors, agents, representatives, successors and assigns (collectively, “Sponsor Entities”), from any and all liability whatsoever in connection with this Promotion, including without limitation legal claims, costs, injuries, losses or damages, demands or actions of any kind (including without limitation personal injuries, death, damage to, loss or destruction or property, rights of publicity or privacy, defamation, or portrayal in a false light) (collectively, “Claims”). Except where prohibited by law: (i) entering the Promotion constitutes the consent of any entrant, without further compensation, to contact such persons and send such persons messages regarding Prize notification; (ii) acceptance of the Prize constitutes the consent of the Winner, without further compensation, to use the name and likeness of such persons for editorial, advertising and publicity purposes by the Sponsor and/or others authorized by the Sponsor with the Winner’s prior consent thereto; (iii) acceptance of the Prize constitutes a release by any Winner of the Sponsor Entities of any and all Claims in connection with the administration of this Promotion and the use, misuse, or possession of each Prize; and (iv) any potential Winner may be required to sign an affidavit of eligibility (including social security number) and a liability/publicity release. Affidavits and releases must be submitted by the Winner before the Winner may receive the Prize.
DISCLAIMERS. (i) Promotion Entries that are lost, late, misdirected, incorrect, garbled, or incomplete, for any reason, including by reason of mutilation, illegibility, non-delivery or human error at Sponsor’s headquarters or elsewhere, will not be eligible. In the event of a dispute, entries will be deemed submitted by the person named on or in connection with the Promotion Entries at the time of entry. (ii) Sponsor, in its sole discretion, reserves the right to disqualify any person tampering with the entry process. (iii) Sponsor further reserves the right to cancel, terminate or modify the Promotion if it is not capable of completion as planned, including by reason of unavailability of any of the Prize, unauthorized intervention, force majeure or technical failures of any sort. (iv) Sponsor Entities are not responsible for errors in the administration or fulfillment of this Promotion, including without limitation mechanical, human, printing, distribution or production errors, or errors in the transmission or receipt of the Daily Prize, and may modify or cancel this Promotion based upon such error at its sole discretion without liability. (v) SPONSOR ENTITIES MAKE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, AS REGARDS THIS PROMOTION OR THE MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING EACH PRIZE OR ANY COMPONENT OF EACH PRIZE. (vi) CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
APPLICABLE LAWS AND JURISDICTION. This Promotion is subject to all applicable federal, state, and local laws and regulations. Issues concerning the construction, validity, interpretation and enforceability of these Official Rules shall be governed by the laws of the State of California. All disputes arising out of or connected with this Promotion will be resolved individually, and without resort to class action, exclusively by a state or federal court located in California. Should there be a conflict between the laws of the State of California and any other laws, the conflict will be resolved in favor of the laws of the State of California. All judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys’ fees) associated with participation in this Promotion and shall not include any indirect, punitive, incidental and/or consequential damages.
SPONSORSHIP. This Promotion is sponsored by Lemon, Inc. (“Sponsor”), 364 University Ave., Palo Alto, CA 94301, USA, email: email@example.com, Web site URL: www.lemon.com