Florida Crystals® Ho Ho Ho-memade Giveaway (the “Sweepstakes”) OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A purchase will not increase your chances of winning. Void where prohibited.
- SPONSOR Domino Foods, Inc. 1 North Clematis Street, West Palm Beach, FL 33401 (“Sponsor”).
- SWEEPSTAKES PERIOD: The Sweepstakes begins at 12:00:01 a.m. Eastern Time (“ET”) on 11/26/18 and ends at 11:59:59 p.m. ET on 12/12/18 (“Sweepstakes Period”).
- ELIGIBILITY: To enter the Sweepstakes you must be: (i) a legal resident of the United States; and be (ii) at least eighteen (18) years old, or the age of majority in your state of residence (whichever is older) at the time of entry. Employees, officer, directors, and members and their immediate families (i.e., parents, spouse, children, siblings, grandparents, step parents, step children and step siblings) and members of their household (whether related or not) – of Sponsor, all prize providers associated with the Sweepstakes, Bright Red, Big Eye, Random.org, and each of their respective affiliates, parent, related companies, sponsors, subsidiaries licensors, distributors, divisions and their advertising, production, promotion and public relations and promotion fulfillment agencies, representatives, contractors, and agents (collectively, “Sweepstakes Entities”), and members of their immediate families (parents, step parents, children, step children, siblings, step siblings, spouses, regardless of where they reside) and members of their households (whether related or not) and those winners who have won a prize in any Sponsor-related sweepstakes/promotion in the twelve (12) months prior to the start of the Sweepstakes Period, are ineligible to participate in this Sweepstakes. Eligibility will be determined by Sponsor its sole discretion. Participants who meet all eligibility requirements shall be called “Entrants” or “Eligible Entrants” herein.
- HOW TO ENTER: 1) Visit Florida Crystals at www.floridacrystals.com and click on https://www.floridacrystals.com/registration to enter the Sweepstakes and i) sign up to receive Florida Crystals newsletter,
The winner will be picked randomly by using Random.org.
Singing up to receive the Florida Crystals newsletter and entering the Sweepstakes will generate one (1) Sweepstakes entry. Once submitted, an entry cannot be deleted, canceled, or modified. Limit one (1) entry per person.
Automated entries are prohibited and will be disqualified.
Entrants must complete all required information. Proof of sending or submission of entry will not be deemed proof of receipt by Sponsor. Entries that are incomplete, illegible, corrupted, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Sweepstakes at Sponsor's sole and absolute discretion. Bulk, automated and/or third-party entries are prohibited and will be disqualified. Any attempt to obtain entries in excess of the limit on entries as set forth in these Official Rules, including by using multiple and/or different identities, forms, registrations, email addresses, logins, or any other methods, will void all of the relevant Entrant’s entries, and that Entrant may be disqualified at Sponsor’s discretion. Entries that have been tampered with or altered shall be rendered void. Sponsor is not responsible for any problems or technical malfunctions, data breach, human error, lost/delayed data transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer on-line systems, servers or providers, computer equipment, software, failure of entrants on account of technical problems or traffic congestion on the internet or at any web site or any combination thereof, including injury or damage to entrants or to any other person’s computer related to or resulting from participating or downloading materials contained in this Sweepstakes. In the event that a Winner entered online and there is a dispute over who submitted a winning online entry, the authorized account holder of the email address used to register will be deemed to be the registrant or player. The “Authorized Account Holder” is defined as the natural person who is 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. Potential winners may be required to show proof of being the authorized account holder to the Sponsor or forfeit the prize. Multiple participants are not permitted to share the same email address. Entries specifying an invalid, non-working, or inactive email address will be disqualified and ineligible to win. All entries become the property of Sponsor and will not be acknowledged or returned.
- DRAWING AND WINNER NOTIFICATION: Sponsor will conduct a random drawing from all eligible entries received to select the potential Prize Winner (a “Potential Winner”) on or about December 13, 2018. Potential Winners will be notified by email on or about December 13, 2018. Odds of winning depend on the total number of eligible entries received during the Sweepstakes Period. If the Potential Winner cannot be contacted within forty eight (48) hours of Sponsor’s first attempt, such Potential Winner and entry will be disqualified and an alternate Potential Winner will be selected from the remaining eligible entries received.
- PRIZES: One (1) Prize is available to be awarded in this Sweepstakes. The Prize Winner will comprise of a collection of hand crafted gingerbread holiday ornaments. (“Prize”). Approximate Retail Value of the Prize is $250.00.
- GENERAL PRIZE CONDITIONS/RESTRICTIONS: Arrangements for fulfillment of the Prize will be made by Sponsor. All federal, state and local taxes (if any), and any other costs and expenses associated with the Prize not specifically provided for in these Official Rules as part of the Prize are solely Prize Winner’s responsibility. The value of the Prizes may be taxable to the Prize Winners as income. The Prize Winner may need to supply Sponsor with his/her social security numbers for tax purposes. An IRS Form 1099 may be issued in the name of the Prize Winner for the actual value of the Prize received. Sponsor makes no representation or warranty concerning the appearance, safety or performance of any prize awarded. Restrictions, conditions, and limitations may apply. Sponsor will not replace any lost or stolen prize items. Upon entry into the Sweepstakes, the Prize Winner (as well as all other entrants) is required to comply with any and all applicable federal, state, and local laws, rules, and regulations. Sponsor shall have no responsibility or obligation to the Prize Winner or potential Prize Winner who is unable or unavailable to accept or utilize the Prize as described herein. Sweepstakes Entities are not responsible for any mechanical difficulties or failure connected with the Prize[s], or any act or omission whatsoever. No transfer, substitution, or cash equivalent for any Prize is allowed except at Sponsor’s sole discretion. Sponsor reserves the right in its sole and absolute discretion, to substitute a Prize or prize component with a prize of equal or greater value if a prize component cannot be awarded as described for any reason. Prizes are non-transferable and may not be given, bartered, substituted, sold, or exchanged for cash or another prize. Unused components of the Prizes have no redeemable cash value. Sponsor will not replace lost, broken, damaged, or stolen Prizes. In the event that a Potential Winner chooses not to accept his/her prize, or cannot be notified, an alternate Potential Winner may be randomly selected from all of the remaining eligible Entries. Prize cannot be delivered to a Post Office Box. Winner must provide a street address for delivery.
Sponsor shall have no liability for any personal injuries, death, property damage, or other damages or expenses resulting from or arising out of ACCEPTANCE OF the Prize.
- GENERAL CONDITIONS / RESTRICTIONS: By submitting an entry, each Entrant (whether declared an Official Winner or not) agrees (and agrees to affirm such in writing) to (i) abide by and be bound by these Official Rules and the decisions of the Sponsor on all matters relating to this Sweepstakes which decisions are final and binding in all respects, (ii) waive any right to claim ambiguity in the Sweepstakes or these Official Rules. Receipt of any prize in this Sweepstakes is conditioned upon compliance with any and all applicable federal, state and local laws, rules, and regulations. Noncompliance with any of the above will result in disqualification.
If for any reason the Sweepstakes is not capable of running as planned, including, without limitation, by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other cause beyond the control of the Sweepstake Entities that corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes. Should the Sweepstakes be terminated prior to the stated expiration date, the Prizes may be awarded to Winners to be selected from among all Eligible Entries received up until and or after (if applicable) the time of modification, cancellation or termination or in a manner that is fair and equitable as determined by Sponsor. All interpretations of these Official Rules and decisions by Sponsor are final.
Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Noncompliance with any of these Official Rules may result in disqualification. CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right in its sole discretion to disqualify any individual that Sponsor finds to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. ANY VIOLATION OF THESE OFFICIAL RULES BY A PRIZE WINNER OR ANY BEHAVIOR BY A PRIZE WINNER THAT WILL BRING SUCH PRIZE WINNER OR SWEEPSTAKES ENTITIES INTO DISREPUTE (IN SPONSOR’S SOLE DISCRETION) MAY RESULT IN SUCH PRIZE WINNER’S DISQUALIFICATION AS A PRIZE WINNER OF THE SWEEPSTAKES AND ALL PRIVILEGES AS THE PRIZE WINNER WILL BE IMMEDIATELY TERMINATED.
- LIMITATIONS OF LIABILITY/ RELEASES: By submitting an entry, each Entrant (whether declared an Official Winner or not) agrees (and agrees to affirm such in writing) to forever and irrevocably release, discharge, indemnify and hold harmless the Sweepstakes Entities, and each of their respective officers, directors, licensors, employees, representatives, contractors, and agents (the “Released Parties”) from any liability, claims, demands, and cause of action from personal injury, loss or damage, including death, or property damage, theft, or loss suffered or resulting in whole or in part, directly or indirectly, from participation in this Sweepstakes or the use, misuse or acceptance or possession of the Prize[s] or any portion thereof, or participation in any Sweepstakes-related activity; (ii) forever and irrevocably release, discharge, indemnify and hold harmless the Sweepstakes Entities. Entrants agree to indemnify and hold harmless Sweepstakes Entities from any and all liability resulting or arising from the Sweepstakes, and to release all rights to bring any claim, action or proceeding against Sweepstakes Entities. Released Parties are not responsible for any claims, damages, lawsuits, causes of action, proceedings, or liability due to any injuries, theft, damages, expenses, costs, or losses to any person (including death) or property of any kind resulting from, arising from, or in connection with, in whole or in part, directly or indirectly, from i) any typographical or other error in the printing of the Official Rules, offering or announcement of any prize, ii) lost, late, stolen, misdirected, damaged, incomplete or garbled entries, iii) any error in the collection or retention of entry information, including, but not limited to, incorrect or inaccurate transcription, receipt or transmission of any part of the entry due to human error, iv) any wrongful, negligent, or unauthorized act or omission on the part of any of the Sweepstakes Entities, or any of their agents or employees, v) the Sweepstakes and any elements thereof, and the participation or inability to participate in any Sweepstakes-related activity or participation in this Sweepstakes, including, but not limited to, any damage to Entrant’s (or any third person’s) telephone system and/or its contents related to or resulting from any part of the Sweepstakes, vi) any malfunction of the telephone system, whether technical or due to human error in nature, lost/delayed data transmission, omissions, interruptions, deletion, defect, line failures, postponement, cancellation, or modification of the Sweepstakes, including, but not limited to, interruption or inability to access the Sweepstakes due to hardware or software compatibility problems of any telephone network (TSP), computer online systems (ISP), servers or providers, computer equipment, software, failure on account of technical problems or traffic congestion on the internet or at any website or any combination thereof, including injury or damage to Entrants or to any other person’s telephone system related to or resulting from participating, vii) acceptance, receipt, possession, defects in, misuse, inability to use, or use of any element contained in the Prize including, but not limited to, lost, stolen, damaged, delayed, or misdirected or destroyed Prize (or any element thereof), or viii) any change in the prizing (or any components thereof) due to unavailability, any of which is due to reasons beyond Sweepstakes Entities’ control, including, but not limited to, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not such action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure including but not limited to overloading of the Sweepstakes Site due to excessive use, threatened or actual terrorist acts, air raid(s), blackout(s), act(s) of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic(s), 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 “force majeure” cause beyond any of the Sweepstakes Entities’ sole and reasonable control, or as otherwise permitted in these Official Rules; ix) unauthorized human intervention in any part of the entry process or the Sweepstakes; or x) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries. No more than the stated number of prizes will be awarded. In event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed. Sponsor reserves the right to award only the stated number of prizes at random from all legitimate, un-awarded, Eligible Entries.
WITHOUT LIMITING THE FOREGOING, THE SWEEPSTAKES, ALL PRIZES, AND ALL MATERIALS PROVIDED ON OR THROUGH ANY APPLICABLE THE SWEEPSTAKES SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
- PUBLICITY. EXCEPT WHERE PROHIBITED BY LAW, WINNERS GRANT TO SPONSOR (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR), ITS PARENT, SUBSIDIARIES, AFFILIATES, AGENTS (INCLUDING ADVERTISING AND PROMOTION AGENCIES), CONTRACTORS, SUPPLIERS, AND THOSE ACTING PURSUANT TO ITS AUTHORITY, THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLDWIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING BUT NOT LIMITED TO THE WORLD WIDE WEB, AT ANY TIME OR TIMES, EACH WINNER’S NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, BIOGRAPHICAL INFORMATION, FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION. ENTRANTS AGREE THAT SPONSOR SHALL OWN THE ENTRIES (INCLUDING PHOTOS), WHICH WILL NOT BE ACKNOWLEDGED OR RETURNED, AND THAT SPONSOR AND ITS DESIGNEES SHALL HAVE THE PERPETUAL, WORLDWIDE RIGHT TO EDIT, PUBLISH, AND USE THE ENTRIES IN ANY WAY AND IN ANY MEDIA FOR TRADE, ADVERTISING, PROMOTIONAL, AND/OR OTHER PURPOSES AS SPONSOR AND/OR ITS DESIGNEES MAY DETERMINE WITHOUT FURTHER CONSIDERATION TO ENTRANTS OR ANY THIRD PARTY.
- GOVERNING LAW/JURISDICTION: THE FLORIDA COURTS (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THE SWEEPSTAKES AND THE LAWS OF THE STATE OF FLORIDA (as distinguished from the choice of law rules) SHALL GOVERN THE SWEEPSTAKES. EACH ENTRANT WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THESE COURTS AND HEREBY SUBMITS TO THE JURISDICTION OF THOSE COURTS. Entrant further agrees to waive any and all right to a jury trial if any such case is brought in connection with this Sweepstakes. Except where prohibited, as a condition of participating in this Sweepstakes, each Entrant agrees that any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, the Prizes awarded, or the determination of the Official Winner shall be resolved individually, without resort to any form of class action. Entrant further agrees that in any cause of action, the Sweepstakes Entities’ entire liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Sweepstakes Entities be liable for attorneys' fees and/or experts' fees and costs. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages and Entrant further waives all rights to have damages multiplied or increased.
RULES/WINNERS LIST: To receive the name of the Prize Winners or an additional copy of these Official Rules, please visit www.floridacrystals.com/past-sweepstakes © 2018 Florida Crystals.