Post by Admin on Jan 2, 2007 15:09:06 GMT -5
www.floridasnatural.com/promo_splash.php
INSTANT WIN GAME PRIZES/APPROXIMATE RETAIL VALUES (ARVs)/ODDS:
One Visa Gift Card in the amount of $50 will be available to be won for play received and recorded by Sponsor’s computer during each day of the Promotional Period. Ninety (90) Visa Gift Cards in the amount of $50 will be available over the course of the promotion (one per day). Gift Card prizes are subject to terms and conditions of use as indicated thereon.
Odds of winning prize in Instant Win Game are dependent on the number of participants and the number of plays effected on a given day and the time on a given day that a participant plays. INSTANT WIN PRIZES WHICH ARE NOT CLAIMED OR ARE FORFEITED WILL NOT BE AWARDED.
6.RANDOM DRAWING SWEEPSTAKES: Sweepstakes winners will be selected in a series of “monthly” random drawings, with each drawing comprised of all eligible entries received by submission date schedule below. Non-winning Sweepstakes entries will be retained for subsequent drawings. All drawings will be conducted by SoftCoin, an independent judging organization and Promotion administrator. Winners will be notified within (10) days of drawing by email, regular mail, overnight mail or phone.
NO PURCHASE NECESSARY. PURCHASE WILL NOT IMPROVE CHANCES OF WINNING.
INTERNET ACCESS AND VALID EMAIL ACCOUNT NECESSARY TO PARTICIPATE. TELEVISION INTERNET ACCESS NOT VALID.
1. ELIGIBILITY: The Instant Win Game & Sweepstakes from the makers of Florida’s Naturalâ Orange Juice (the “Promotion”) is offered only to individuals who are legal residents of the 50 United States or District of Columbia and at least 18 years old at time of participation. Employees, officers and directors of Florida Natural Growers, a division of Citrus World, Inc., SoftCoin, Inc. (“SoftCoin”), West Wayne, their respective parents, affiliated and subsidiary companies, advertising and promotional agencies, web masters and web suppliers and persons engaged in the development of Promotion materials, and members of the immediate family (parents, siblings, children and spouse, wherever they reside) or same household members (whether or not related) of such employees, officers and directors are not eligible. Groups, clubs, organizations, commercial entities, and businesses cannot participate. By participating, you agree to these Official Rules and all decisions of Sponsor and/or SoftCoin, an independent judging and administration organization, which are final and binding in all respects. Void in Puerto Rico and where prohibited.
2. PROMOTIONAL PERIOD: Promotion begins on 1/1/2007 (the “Start Date”) at 12:01 a.m. Pacific Time (PT) and ends on 3/31/2007 at 11:59:59 p.m. (PT). Promotion consists of an Instant Win Game and a random drawing Sweepstakes. Sponsor’s computer is the official clock for the Promotion.
3. HOW TO PARTICIPATE: Register at the Web Site. During the Promotional Period, access the web site at www.floridasnatural.com and click on the icon, banner, or text link to access the registration page. At that point, you must:
Complete the registration form with your first and last name, username, mailing and email address.
Create a password. (Record your password and keep it in a secure location.)
You will then be asked if you understand and agree to the Official Rules of the Promotion. You cannot participate in the Promotion if you do not indicate that you understand and agree to the Official Rules
When all required information has been entered, your Promotion account will be established and you may be asked survey questions. Answering these questions is optional and, should you choose to answer them, your answers to the questions will have no effect on your ability to participate or win.
Upon clicking the “Submit” button to submit your registration form, you will automatically receive one play in the Instant Win Game and one entry in that week’s Sweepstakes drawing (see Paragraph 6, below). If you have won an instant win prize (subject to verification), the web site will display a “Congratulations” message as well as a brief description of the prize potentially won. If you have NOT won an instant win prize, a “Sorry” message will instead appear on-screen.
When you return to the promotional web site you will be asked to log-in by providing your email address and password. This enables you to access your Promotion account and play the Instant Win Game (and enter the Sweepstakes) again. Limit of (1) play/entry per participant/Promotion Account per day.
Any attempted participation in any manner other than as expressly stated in these Official Rules is void and will NOT result in play or entry.
4. PASSWORDS: Each time you visit www.floridasnatural.com, to participate in the Promotion, you must log-in using your email address and password. If at any time you forget your password, click on the "Forgot Your Password" link on the promotional web site. Follow the on-screen instructions and your password will be emailed to you at the email address provided when you registered. You are solely responsible for the security of your password. You should take precautions to keep your password private to prevent any unauthorized use. Neither Sponsor, SoftCoin nor any other person or entity will be responsible for any losses, damages or consequences you may suffer due to careless or unauthorized use of a password. Only one email address/password may be used by any participant and there is a limit of one account per participant. Should any participant attempt to use more then one email address and/or password or create more than one account, that participant will be disqualified.
5. INSTANT WIN GAME: For each of the 90 Instant Win prizes, a date and time will be pre-selected at random. The first person whose play is received and recorded by the Sponsor’s computer at a randomly pre-selected particular date and time will win a randomly selected instant win game prize. If no play is received and recorded at that time, then the first play received and recorded by the Sponsor’s computer after that time will win such instant win game prize. All winning plays are subject to verification, and compliance with these Official Rules. If you have won a prize, you will be notified immediately of the prize won and instructed on the method for claiming the prize.
INSTANT WIN GAME PRIZES/APPROXIMATE RETAIL VALUES (ARVs)/ODDS:
One Visa Gift Card in the amount of $50 will be available to be won for play received and recorded by Sponsor’s computer during each day of the Promotional Period. Ninety (90) Visa Gift Cards in the amount of $50 will be available over the course of the promotion (one per day). Gift Card prizes are subject to terms and conditions of use as indicated thereon.
Odds of winning prize in Instant Win Game are dependent on the number of participants and the number of plays effected on a given day and the time on a given day that a participant plays. INSTANT WIN PRIZES WHICH ARE NOT CLAIMED OR ARE FORFEITED WILL NOT BE AWARDED.
6.RANDOM DRAWING SWEEPSTAKES: Sweepstakes winners will be selected in a series of “monthly” random drawings, with each drawing comprised of all eligible entries received by submission date schedule below. Non-winning Sweepstakes entries will be retained for subsequent drawings. All drawings will be conducted by SoftCoin, an independent judging organization and Promotion administrator. Winners will be notified within (10) days of drawing by email, regular mail, overnight mail or phone.
Sweepstakes Drawing Schedule
Month All eligible entries submitted by:
Date of Draw (on/about)
January
Wed., 1/31/2007
2/1/2007
February
Wed., 2/28/2007
3/1/2007
March
Sat., 3/31/2007
4/2/2007
Each of the four months begin at 12:01 a.m. PT on monthly start date and ends at 11:59:59 p.m. on monthly end date.
Grand Prize (4, 1 per “weekly” drawing) - A trip for 6 days and 7 nights for winner and 3 guests to Orlando, Florida. ARV: $5,000 each. The trip consists of roundtrip coach class air transportation from major commercial airport near winner’s residence, standard hotel accommodations (quadruple occupancy), $500 voucher and rental car. Prize travel must be completed by 4/1/2008(?); advanced notice of at least XX days prior to intended date of departure is required. Trip is subject to availability, blackout dates and other restrictions. Grand Prize winner and all guests must travel together on same itinerary as set by Sponsor.
Odds of winning a Grand Prize in Sweepstakes depend on the number of eligible entries received for each “monthly” drawing.
7. CONDITIONS ON PRIZES: It is the sole responsibility of each participant to maintain his/her registration and contact information current; and Sponsor will have no responsibility or liability for a participant’s failure to do so. If a participant wishes to update his/her address information, he/she must log into his/her account and click on “Edit My Account” by 3/31/2007 (however, if participant is selected in a random drawing, he/she must have updated his/her address information no later than the montlyh end date of the given “monthly” drawing in which he/she was selected). Winners are solely responsible for all costs and expenses not specified in these Official Rules. If Grand Prize winner has fewer than 3 guests accompany him/her on trip, Grand Prize winner will not receive any refund or compensation. Prizes may not be transferred, assigned, redeemed for cash or substituted, except that Sponsor may substitute any prize or prize component with a prize or prize component of equal or greater value should stated prize/prize component become unavailable for any reason. Limit 1 instant win game prizes and 1 Grand Prize per person/account/email address/mailing address. Taxes are the sole responsibility of winners. No more than the stated number of prizes will be awarded. In the event that production, seeding, printing, digital or programming failures, or other reasons or any errors cause more than the stated number of instant win prizes to be available and/or claimed on a given day, Sponsor reserves right to award only the number of instant win prizes available for that day as stated in these Official Rules (previously not awarded), by a random drawing among all legitimate eligible prize claimants on such affected day of the Promotion.
8. GENERAL CONDITIONS: Participants agree (a) that Sponsor, SoftCoin, and their respective parents, subsidiaries and affiliated companies, advertising and promotion agencies, and each of their respective officers, directors, employees, representatives and agents will have no liability whatsoever for, and shall be indemnified and held harmless by participants against any liability for any injuries, losses or damages of any kind to person(s), including death, or property resulting in whole or in part, directly or indirectly, from the acceptance, possession, misuse or use of any prize, or participation in this Promotion or Promotion-related activities and (b) acknowledge that said parties have neither made nor are in any manner responsible for any warranty, representation or guarantee, express or implied, in law or in fact, relative to any prize, including but not limited to, its quality, merchantability or fitness for the intended purpose, except for the written standard limited warranty which may be provided with the item from the item’s manufacturer or by the service provider in conjunction with the provision of the service in question; and (c) winners of prizes grant, (and agree to confirm such grant in writing promptly upon request) to Sponsor and those acting under Sponsor's authority the right to the use of his/her name, photograph, likeness, voice, image, statements and biographical information for advertising, trade, publicity and promotional purposes in any media now known or hereafter discovered, worldwide, including the World Wide Web without review, notification or approval, or further compensation, unless prohibited by law. Winners of prizes may be required to complete, sign, and return an Affidavit of Eligibility, a Liability Release and, where lawful, a Publicity Release within an indicated time after receipt of notification. If such documents are not returned on a timely basis, or if any notification or prize is returned as non-deliverable, or if a winner of any prize is found to be ineligible or not in compliance with these Official Rules, such prize will be forfeited. And, only if a Grand Prize (awarded via the Sweepstakes) is forfeited will it be awarded to an alternate winner selected via random drawing from among all remaining eligible entries received for the applicable “weekly” drawing. For Grand Prizes, winner’s guests (if guest is a minor, his/her parent or legal guardian) must complete, sign and return a liability release, and where lawful, a publicity release prior to issuance of travel documents. If guest is a minor, he/she must be accompanied by a parent or legal guardian on the prize trip.
9. LIMITATIONS OF LIABILITY: Neither Sponsor nor SoftCoin are responsible for lost, late, incomplete, stolen, misdirected or illegible requests, plays, registrations, entries or email; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability, or garbled, corrupt or jumbled transmissions, service provider/Internet/website/use net accessibility, availability, or traffic congestion, or any technical error, or unauthorized human intervention, or the incorrect or inaccurate capture of registration/ entry or other information, or the failure to capture, or loss of, any such information. Neither Sponsor nor SoftCoin are responsible for any incorrect or inaccurate information, whether caused by Website users, tampering, hacking, or by any of the equipment or programming associated with or utilized in the Promotion and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the Website. The right is reserved by Sponsor and SoftCoin at their sole discretion, to disqualify any individual found, at their sole discretion, to be tampering with the entry process or the operation of the Promotion or Website, to be acting in violation of the Official Rules; or to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any use of robotic, automatic, macro, programmed or like entry/play or entry methods will void all such entries/plays by such methods, and disqualify any participant using such methods. Neither Sponsor nor SoftCoin are responsible for injury or damage to participants' or to any other person's computer related to or resulting from participating in this Promotion or downloading materials from a Website or use of a Website. If, for any reason, the Promotion is not capable of running as planned by reason of, but not limited to, infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which Sponsor, in its sole opinion deems could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion and proceed with the Promotion and the award of prizes in a manner deemed by Sponsor in its sole discretion, to be fair, appropriate and consistent with these Official Rules. In case of dispute, entries/plays will be declared entered/used/submitted (as appropriate) by the authorized account holder under whose email and password the entry/play was effected.
IN NO EVENT WILL SPONSOR, SOFTCOIN, THERE RESPECTIVE PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEBSITE OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR 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 ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
10. DISPUTE RESOLUTION/CHOICE OF LAW:
Except where prohibited, participants agree that (1) any and all disputes, claims, and causes of action arising out of or connected with this Promotion or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by an action in federal or state court located in Florida, and (2) 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 attorney’s fees; and (3) under no circumstances will a participant be permitted to obtain awards for and participants hereby waive all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the validity, construction, interpretation and enforceability of these Official Rules, or the rights and obligations of participant(s) and/or Sponsor and/or Softcoin in connection with the Promotion shall be governed by, and construed in accordance with, the laws of the State of Florida, without regard to conflict of laws or choice of laws doctrine of any jurisdiction. Should any term of this Paragraph 10 be determined by court of competent jurisdiction to be void, unenforceable or contrary to law, such term or provision shall, but only to the extent necessary to bring this Rule within the requirements of law, be deemed to be severed from the other terms and provisions hereof, and the remainder of these Official Rules shall be given effect as if it had not included the severed term herein.
11. Winners List: For the names of winners of major prizes, mail a self-addressed stamped envelope to: SoftCoin Inc. 2000 Sierra Point Parkway, Suite 801, Brisbane, CA 94005, for receipt by 4/30/2007.
12. SPONSOR: Florida Natural Growers, a division of Citrus World, Inc., P.O. Box 1111, Lake Wales, FL 33859.
INSTANT WIN GAME PRIZES/APPROXIMATE RETAIL VALUES (ARVs)/ODDS:
One Visa Gift Card in the amount of $50 will be available to be won for play received and recorded by Sponsor’s computer during each day of the Promotional Period. Ninety (90) Visa Gift Cards in the amount of $50 will be available over the course of the promotion (one per day). Gift Card prizes are subject to terms and conditions of use as indicated thereon.
Odds of winning prize in Instant Win Game are dependent on the number of participants and the number of plays effected on a given day and the time on a given day that a participant plays. INSTANT WIN PRIZES WHICH ARE NOT CLAIMED OR ARE FORFEITED WILL NOT BE AWARDED.
6.RANDOM DRAWING SWEEPSTAKES: Sweepstakes winners will be selected in a series of “monthly” random drawings, with each drawing comprised of all eligible entries received by submission date schedule below. Non-winning Sweepstakes entries will be retained for subsequent drawings. All drawings will be conducted by SoftCoin, an independent judging organization and Promotion administrator. Winners will be notified within (10) days of drawing by email, regular mail, overnight mail or phone.
NO PURCHASE NECESSARY. PURCHASE WILL NOT IMPROVE CHANCES OF WINNING.
INTERNET ACCESS AND VALID EMAIL ACCOUNT NECESSARY TO PARTICIPATE. TELEVISION INTERNET ACCESS NOT VALID.
1. ELIGIBILITY: The Instant Win Game & Sweepstakes from the makers of Florida’s Naturalâ Orange Juice (the “Promotion”) is offered only to individuals who are legal residents of the 50 United States or District of Columbia and at least 18 years old at time of participation. Employees, officers and directors of Florida Natural Growers, a division of Citrus World, Inc., SoftCoin, Inc. (“SoftCoin”), West Wayne, their respective parents, affiliated and subsidiary companies, advertising and promotional agencies, web masters and web suppliers and persons engaged in the development of Promotion materials, and members of the immediate family (parents, siblings, children and spouse, wherever they reside) or same household members (whether or not related) of such employees, officers and directors are not eligible. Groups, clubs, organizations, commercial entities, and businesses cannot participate. By participating, you agree to these Official Rules and all decisions of Sponsor and/or SoftCoin, an independent judging and administration organization, which are final and binding in all respects. Void in Puerto Rico and where prohibited.
2. PROMOTIONAL PERIOD: Promotion begins on 1/1/2007 (the “Start Date”) at 12:01 a.m. Pacific Time (PT) and ends on 3/31/2007 at 11:59:59 p.m. (PT). Promotion consists of an Instant Win Game and a random drawing Sweepstakes. Sponsor’s computer is the official clock for the Promotion.
3. HOW TO PARTICIPATE: Register at the Web Site. During the Promotional Period, access the web site at www.floridasnatural.com and click on the icon, banner, or text link to access the registration page. At that point, you must:
Complete the registration form with your first and last name, username, mailing and email address.
Create a password. (Record your password and keep it in a secure location.)
You will then be asked if you understand and agree to the Official Rules of the Promotion. You cannot participate in the Promotion if you do not indicate that you understand and agree to the Official Rules
When all required information has been entered, your Promotion account will be established and you may be asked survey questions. Answering these questions is optional and, should you choose to answer them, your answers to the questions will have no effect on your ability to participate or win.
Upon clicking the “Submit” button to submit your registration form, you will automatically receive one play in the Instant Win Game and one entry in that week’s Sweepstakes drawing (see Paragraph 6, below). If you have won an instant win prize (subject to verification), the web site will display a “Congratulations” message as well as a brief description of the prize potentially won. If you have NOT won an instant win prize, a “Sorry” message will instead appear on-screen.
When you return to the promotional web site you will be asked to log-in by providing your email address and password. This enables you to access your Promotion account and play the Instant Win Game (and enter the Sweepstakes) again. Limit of (1) play/entry per participant/Promotion Account per day.
Any attempted participation in any manner other than as expressly stated in these Official Rules is void and will NOT result in play or entry.
4. PASSWORDS: Each time you visit www.floridasnatural.com, to participate in the Promotion, you must log-in using your email address and password. If at any time you forget your password, click on the "Forgot Your Password" link on the promotional web site. Follow the on-screen instructions and your password will be emailed to you at the email address provided when you registered. You are solely responsible for the security of your password. You should take precautions to keep your password private to prevent any unauthorized use. Neither Sponsor, SoftCoin nor any other person or entity will be responsible for any losses, damages or consequences you may suffer due to careless or unauthorized use of a password. Only one email address/password may be used by any participant and there is a limit of one account per participant. Should any participant attempt to use more then one email address and/or password or create more than one account, that participant will be disqualified.
5. INSTANT WIN GAME: For each of the 90 Instant Win prizes, a date and time will be pre-selected at random. The first person whose play is received and recorded by the Sponsor’s computer at a randomly pre-selected particular date and time will win a randomly selected instant win game prize. If no play is received and recorded at that time, then the first play received and recorded by the Sponsor’s computer after that time will win such instant win game prize. All winning plays are subject to verification, and compliance with these Official Rules. If you have won a prize, you will be notified immediately of the prize won and instructed on the method for claiming the prize.
INSTANT WIN GAME PRIZES/APPROXIMATE RETAIL VALUES (ARVs)/ODDS:
One Visa Gift Card in the amount of $50 will be available to be won for play received and recorded by Sponsor’s computer during each day of the Promotional Period. Ninety (90) Visa Gift Cards in the amount of $50 will be available over the course of the promotion (one per day). Gift Card prizes are subject to terms and conditions of use as indicated thereon.
Odds of winning prize in Instant Win Game are dependent on the number of participants and the number of plays effected on a given day and the time on a given day that a participant plays. INSTANT WIN PRIZES WHICH ARE NOT CLAIMED OR ARE FORFEITED WILL NOT BE AWARDED.
6.RANDOM DRAWING SWEEPSTAKES: Sweepstakes winners will be selected in a series of “monthly” random drawings, with each drawing comprised of all eligible entries received by submission date schedule below. Non-winning Sweepstakes entries will be retained for subsequent drawings. All drawings will be conducted by SoftCoin, an independent judging organization and Promotion administrator. Winners will be notified within (10) days of drawing by email, regular mail, overnight mail or phone.
Sweepstakes Drawing Schedule
Month All eligible entries submitted by:
Date of Draw (on/about)
January
Wed., 1/31/2007
2/1/2007
February
Wed., 2/28/2007
3/1/2007
March
Sat., 3/31/2007
4/2/2007
Each of the four months begin at 12:01 a.m. PT on monthly start date and ends at 11:59:59 p.m. on monthly end date.
Grand Prize (4, 1 per “weekly” drawing) - A trip for 6 days and 7 nights for winner and 3 guests to Orlando, Florida. ARV: $5,000 each. The trip consists of roundtrip coach class air transportation from major commercial airport near winner’s residence, standard hotel accommodations (quadruple occupancy), $500 voucher and rental car. Prize travel must be completed by 4/1/2008(?); advanced notice of at least XX days prior to intended date of departure is required. Trip is subject to availability, blackout dates and other restrictions. Grand Prize winner and all guests must travel together on same itinerary as set by Sponsor.
Odds of winning a Grand Prize in Sweepstakes depend on the number of eligible entries received for each “monthly” drawing.
7. CONDITIONS ON PRIZES: It is the sole responsibility of each participant to maintain his/her registration and contact information current; and Sponsor will have no responsibility or liability for a participant’s failure to do so. If a participant wishes to update his/her address information, he/she must log into his/her account and click on “Edit My Account” by 3/31/2007 (however, if participant is selected in a random drawing, he/she must have updated his/her address information no later than the montlyh end date of the given “monthly” drawing in which he/she was selected). Winners are solely responsible for all costs and expenses not specified in these Official Rules. If Grand Prize winner has fewer than 3 guests accompany him/her on trip, Grand Prize winner will not receive any refund or compensation. Prizes may not be transferred, assigned, redeemed for cash or substituted, except that Sponsor may substitute any prize or prize component with a prize or prize component of equal or greater value should stated prize/prize component become unavailable for any reason. Limit 1 instant win game prizes and 1 Grand Prize per person/account/email address/mailing address. Taxes are the sole responsibility of winners. No more than the stated number of prizes will be awarded. In the event that production, seeding, printing, digital or programming failures, or other reasons or any errors cause more than the stated number of instant win prizes to be available and/or claimed on a given day, Sponsor reserves right to award only the number of instant win prizes available for that day as stated in these Official Rules (previously not awarded), by a random drawing among all legitimate eligible prize claimants on such affected day of the Promotion.
8. GENERAL CONDITIONS: Participants agree (a) that Sponsor, SoftCoin, and their respective parents, subsidiaries and affiliated companies, advertising and promotion agencies, and each of their respective officers, directors, employees, representatives and agents will have no liability whatsoever for, and shall be indemnified and held harmless by participants against any liability for any injuries, losses or damages of any kind to person(s), including death, or property resulting in whole or in part, directly or indirectly, from the acceptance, possession, misuse or use of any prize, or participation in this Promotion or Promotion-related activities and (b) acknowledge that said parties have neither made nor are in any manner responsible for any warranty, representation or guarantee, express or implied, in law or in fact, relative to any prize, including but not limited to, its quality, merchantability or fitness for the intended purpose, except for the written standard limited warranty which may be provided with the item from the item’s manufacturer or by the service provider in conjunction with the provision of the service in question; and (c) winners of prizes grant, (and agree to confirm such grant in writing promptly upon request) to Sponsor and those acting under Sponsor's authority the right to the use of his/her name, photograph, likeness, voice, image, statements and biographical information for advertising, trade, publicity and promotional purposes in any media now known or hereafter discovered, worldwide, including the World Wide Web without review, notification or approval, or further compensation, unless prohibited by law. Winners of prizes may be required to complete, sign, and return an Affidavit of Eligibility, a Liability Release and, where lawful, a Publicity Release within an indicated time after receipt of notification. If such documents are not returned on a timely basis, or if any notification or prize is returned as non-deliverable, or if a winner of any prize is found to be ineligible or not in compliance with these Official Rules, such prize will be forfeited. And, only if a Grand Prize (awarded via the Sweepstakes) is forfeited will it be awarded to an alternate winner selected via random drawing from among all remaining eligible entries received for the applicable “weekly” drawing. For Grand Prizes, winner’s guests (if guest is a minor, his/her parent or legal guardian) must complete, sign and return a liability release, and where lawful, a publicity release prior to issuance of travel documents. If guest is a minor, he/she must be accompanied by a parent or legal guardian on the prize trip.
9. LIMITATIONS OF LIABILITY: Neither Sponsor nor SoftCoin are responsible for lost, late, incomplete, stolen, misdirected or illegible requests, plays, registrations, entries or email; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability, or garbled, corrupt or jumbled transmissions, service provider/Internet/website/use net accessibility, availability, or traffic congestion, or any technical error, or unauthorized human intervention, or the incorrect or inaccurate capture of registration/ entry or other information, or the failure to capture, or loss of, any such information. Neither Sponsor nor SoftCoin are responsible for any incorrect or inaccurate information, whether caused by Website users, tampering, hacking, or by any of the equipment or programming associated with or utilized in the Promotion and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the Website. The right is reserved by Sponsor and SoftCoin at their sole discretion, to disqualify any individual found, at their sole discretion, to be tampering with the entry process or the operation of the Promotion or Website, to be acting in violation of the Official Rules; or to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any use of robotic, automatic, macro, programmed or like entry/play or entry methods will void all such entries/plays by such methods, and disqualify any participant using such methods. Neither Sponsor nor SoftCoin are responsible for injury or damage to participants' or to any other person's computer related to or resulting from participating in this Promotion or downloading materials from a Website or use of a Website. If, for any reason, the Promotion is not capable of running as planned by reason of, but not limited to, infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which Sponsor, in its sole opinion deems could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion and proceed with the Promotion and the award of prizes in a manner deemed by Sponsor in its sole discretion, to be fair, appropriate and consistent with these Official Rules. In case of dispute, entries/plays will be declared entered/used/submitted (as appropriate) by the authorized account holder under whose email and password the entry/play was effected.
IN NO EVENT WILL SPONSOR, SOFTCOIN, THERE RESPECTIVE PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEBSITE OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR 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 ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
10. DISPUTE RESOLUTION/CHOICE OF LAW:
Except where prohibited, participants agree that (1) any and all disputes, claims, and causes of action arising out of or connected with this Promotion or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by an action in federal or state court located in Florida, and (2) 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 attorney’s fees; and (3) under no circumstances will a participant be permitted to obtain awards for and participants hereby waive all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the validity, construction, interpretation and enforceability of these Official Rules, or the rights and obligations of participant(s) and/or Sponsor and/or Softcoin in connection with the Promotion shall be governed by, and construed in accordance with, the laws of the State of Florida, without regard to conflict of laws or choice of laws doctrine of any jurisdiction. Should any term of this Paragraph 10 be determined by court of competent jurisdiction to be void, unenforceable or contrary to law, such term or provision shall, but only to the extent necessary to bring this Rule within the requirements of law, be deemed to be severed from the other terms and provisions hereof, and the remainder of these Official Rules shall be given effect as if it had not included the severed term herein.
11. Winners List: For the names of winners of major prizes, mail a self-addressed stamped envelope to: SoftCoin Inc. 2000 Sierra Point Parkway, Suite 801, Brisbane, CA 94005, for receipt by 4/30/2007.
12. SPONSOR: Florida Natural Growers, a division of Citrus World, Inc., P.O. Box 1111, Lake Wales, FL 33859.