Excalibur Dehydrator® 3948CDB Sweepstakes Official Rules
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
Excalibur Dehydrator® (“Sponsor”) is pleased to introduce the Excalibur Dehydrator® 3948CDB Sweepstakes (“Sweepstakes”). The Sweepstakes submission period begins on Friday, April 24, 2020 at 6:30 p.m. Eastern Time (“ET”) and ends on Tuesday, April 28, 2020 at 12:00 p.m. ET (“Sweepstakes Period”). Eastern Time shall control for all purposes of the Sweepstakes. Sponsor’s computer shall be the official clock for purposes of the Sweepstakes.
As a condition of participating in the Sweepstakes, you agree to be fully and unconditionally bound by these Official Rules and the decisions of Sponsor, whose decisions shall be final and binding in all respects, and to waive any right to claim ambiguity in the Sweepstakes, these Official Rules, Sweepstakes materials, information contained on Sponsor’s website, available at www. excaliburdehydrator.com, or Sponsor’s Facebook Page, available at https://www.facebook.com/ExcaliburDehydrators/. The Sweepstakes is subject to applicable federal, state, and local laws and regulations and is VOID WHERE PROHIBITED OR RESTRICTED BY LAW. Winning and receiving a Prize, as defined below, is contingent upon fulfilling all requirements set forth herein.
1. Facebook® Disclaimer
As condition of participating in the Sweepstakes, you acknowledge and agree that Facebook Inc. and their owners, directors, officers, employees, contractors, agents, representatives, parents, subsidiaries, attorneys, insurers, and associated corporations and entities (collectively, the “Facebook Group”) are not sponsors of the Sweepstakes nor do they endorse or administer the Sweepstakes, nor are they in any way associated with the Sweepstakes. All questions regarding the Sweepstakes must be directed to Sponsor, not the Facebook Group. You also agree that as a condition of participating in the Sweepstakes, you shall release the Facebook Group from any and all liability arising out of or relating to your participation in the Sweepstakes, acceptance, use, or misuse of a Prize, or the broadcast, exploitation, or use of an entry.
The Sweepstakes is open only to natural persons who are permanent legal residents of the fifty (50) United States or District of Columbia who are physically located and residing therein and who are at least eighteen (18) years of age or older at the time of entry. If a Potential Winner, as defined below, is at least eighteen (18) years of age but still considered a minor in his or her jurisdiction of residence, the Prize may be awarded in the name of his or her parent or legal guardian who will be responsible for fulfilling all requirements imposed on Potential Winners set forth herein.
Directors, officers, employees, contractors, agents, mandataries, or representatives of Sponsor and each of their respective franchisees, parents, affiliated companies, subsidiaries, distributors, retailers, suppliers, printers, advertising and promotion agencies, and any and all other companies associated with the design or execution of the Sweepstakes, including any member of Woobox, LLC (“Woobox”), as well as their immediate family and household members, whether related or not, are not eligible to enter the Sweepstakes. “Immediate family” shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses. “Household members” shall mean those people who share the same residence at least three (3) months a year.
3. How to Enter
During the Sweepstakes Period, you may enter the Sweepstakes by visiting Sponsor’s Facebook Page, available at https://www.facebook.com/ExcaliburDehydrators/, and commenting on a designated Excalibur Dehydrator® Facebook post that corresponds to the Sweepstakes. By commenting on a designated Excalibur Dehydrator® Facebook post during the Sweepstakes Period, you will receive one (1) entry into the Sweepstakes.
Limit one (1) entry per person during the Sweepstakes Period regardless of the number of comments posted. Using an automated system to post comments, posting multiple comments or attempting to subvert the Sweepstakes entry process is prohibited and may result in disqualification. In the event of a dispute as to any comment, the authorized account holder of the email address registered with the Facebook account used to post the comment will be deemed to be the entrant. The “authorized account holder” is the natural person assigned the email address by the internet access provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address. Sponsor reserves the right to require entrants to show proof of being the authorized account holder.
Sponsor is not responsible for incorrect or inaccurate transcription of comments, computer, online or human error, technical malfunctions, any omission, interruption, defect, or any other error, including, but not limited to, lost, late, incomplete, invalid, unintelligible or misdirected comments, all of which may constitute grounds for disqualification in Sponsor’s sole discretion. If a problem occurs in the entry process, you are solely responsible for verifying that the entry process has been validly completed. You are responsible for all online charges incurred with any Internet service provider and/or wireless carrier.
4. Comment Content Guidelines
As condition of participating in the Sweepstakes, you acknowledge and agree that Sponsor reserves the right to delete your comment and void your entry into the Sweepstakes if it contains any of the following content, as determined by Sponsor at its sole discretion:
- Content that contains personal information, including, without limitation, name, email address, social security information, credit or debit card information, telephone number, etc.;
- Content that may violate or infringe any patent, trademark, trade secret, copyright, right of publicity or other intellectual property, content or proprietary right of any party;
- Content containing advertising, campaign, promotional materials, spam or other forms of commercial solicitation;
- Content containing spyware, malware, viruses, worms, encrypted messages or any downloadable items;
- Content that is objectionable or which restricts or inhibits any person from enjoying Excalibur Dehydrator’® Facebook Page, including, without limitation, use of all capital letters or continuous posting of repetitive comments;
- Content that is unlawful, libelous, defamatory, obscene, sexually explicit, harmful to minors, offensive, lewd, vulgar, suggestive, harassing, threatening, tortious, invasive of another’s privacy, abusive, inflammatory, hateful, fraudulent or otherwise objectionable; or
- Content that may expose Sponsor to harm or liability of any type.
5. Winner Selection
On Tuesday, April 28, 2020 at 12:15 p.m. ET, one (1) entry will be randomly selected by Sponsor from all eligible entries received during the Sweepstakes Period (each, a “Potential Winner”).
For the avoidance of doubt, the content of an entrant’s comment will not be taken into account in the winner selection process (provided that the comment is in compliance with these Official Rules, as determined by Sponsor at its sole discretion). The drawing will be conducted using Woobox’s Pick A Winner online tool under the supervision of Sponsor.
ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION OF ELIGIBILITY AND COMPLIANCE WITH THESE OFFICIAL RULES. A PERSON MAY ONLY WIN ONE (1) EXCALIBUR DEHYDRATOR® SWEEPSTAKES PER THIRTY (30) DAY PERIOD. SPONSOR’S DECISIONS AS TO THE ADMINISTRATION AND OPERATION OF THE SWEEPSTAKES, ANY CHANGES TO THESE OFFICIAL RULES, AND THE SELECTION OF POTENTIAL WINNERS IS FINAL AND BINDING ON EACH ENTRANT IN ALL MATTERS RELATED TO THE SWEEPSTAKES.
Potential Winners will be announced in the comments of the contest post available at https://www.facebook.com/ExcaliburDehydrators/ on Tuesday, April 28, 2020 no later than 7:00 p.m. ET.
6. Prizes and Odds of Winning
Each winner will receive one (1) 3948CDB Excalibur Dehydrator with an approximate retail value (“ARV”) of three hundred and forty-nine dollars and ninety-nine cents ($349.99).
The total ARV of all one (1) 3948CDB Excalibur Dehydrator (each, a “Prize” and collectively, the “Prizes”) is three hundred and forty-nine dollars and ninety-nine cents ($349.99).
Odds of winning a Prize depend on the number of eligible entries received during the Sweepstakes Period. No more than the stated number of Prizes will be awarded. There is no geographic allocation of any Prizes. There are no ‘early bird’ Prizes.
7. Additional Verification Requirements for Potential Winners
Except where prohibited, Potential Winners may also be required to sign and return to Sponsor, within the time period specified by Sponsor, a declaration of eligibility and liability/publicity release (“Declaration”) via email to the address specified by Sponsor in order to claim his or her Prize. If a Potential Winner is not of the legal age of majority in his or her jurisdiction of residence, the Declaration may be required to be confirmed and signed by his or her parent or legal guardian, and the Prize may be awarded in the name of his or her parent or legal guardian who will be required to fulfill all requirements imposed on a Potential Winner as set forth herein. If a Potential Winner fails to complete, sign and return the applicable Declaration within the required time period, or if the Declaration is returned as undeliverable or incomplete, the Potential Winner may be disqualified in Sponsor’s sole and absolute discretion.
8. General Prize Conditions
Limit one (1) Prize per person and per household. A person may only win one (1) Excalibur Dehydrator® sweepstakes per thirty (30) day period. Each Prize is subject to the terms and conditions of the issuer. No transfer, substitution or cash equivalent for a Prize will be made, except that Sponsor, at its sole and absolute discretion, may substitute a Prize of equal or greater value for any reason. Prizes will be sent to the postal address provided by the winner within fourteen (14) business days from the date of receipt of the Prize Claim Form as well as the return of the Declaration and any additional forms and information requested, if applicable. Sponsor assumes no liability for non-deliverability. In all cases, the Prizes will be sent to the winners within sixty (60) days of the draw date subject to compliance with these Official Rules.
Any depiction of a Prize, in Sweepstakes materials or otherwise, is for illustrative purposes only. If the actual retail value of a Prize is less than the stated ARV, the Prize winner will not receive the difference. All expenses not specified above, including any federal, state, or local taxes are the sole responsibility of each Prize winner. Any required tax reporting forms will be furnished to the appropriate authorities. In the event that the Sweepstakes is cancelled or postponed for any reason whatsoever, the ARV of the Prizes will be awarded to the extent required by law.
ALL PRIZES ARE AWARDED AS IS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS MAY NOT ALLOW (OR MAY LIMIT) DISCLAIMERS OF CERTAIN WARRANTIES, IN WHICH CASE THE FOREGOING DISCLAIMERS WILL BE ENFORCED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
9. Entry Conditions and Release
By entering, each entrant agrees to: (a) comply with and be bound by these Official Rules and the decisions of Sponsor as they may be amended from time to time and (b) release, indemnify, defend, and hold harmless Sponsor, its respective parents, subsidiaries, affiliates, suppliers, retailers, distributors, advertising and promotion agencies, the Facebook Group, Woobox and each of their respective past and present officers, directors, employees, agents, shareholders, contractors and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability resulting or arising from the Sweepstakes (including reasonable attorneys’ fees), including, but not limited to, negligence and damages of any kind to persons and property, invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright, or other intellectual property rights, property damage, or death or personal injury arising out of or relating to your entry, creation of an entry or submission of an entry, participation in the Sweepstakes, acceptance, use, or misuse of a Prize, or the broadcast, exploitation, or use of an entry. Released Parties are also not responsible for any typographical or other error contained in the Official Rules or Sweepstakes-related materials.
Except where prohibited by law, by participating in this Sweepstakes or accepting a Prize, you grant Sponsor and its designees the right to use your name, photograph, likeness, comments, biographical information, voice, address, and other identifying information for advertising and promotional purposes for this Sweepstakes and similar promotions, worldwide, and in perpetuity, in any and all forms of media, now known or hereafter devised without additional compensation, review or approval rights, notification or permission.
YOU FURTHER ACKNOWLEDGE THAT YOUR PERSONAL IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, PLACING YOUR FACEBOOK PROFILE PICTURE ON SPONSOR’S FACEBOOK PAGE AND YOUR NAME ON A WINNERS’ LIST.
By entering the Sweepstakes, you acknowledge and agree that you are providing your information to Sponsor and Woobox, not the Facebook Group. You further acknowledge and agree that you have read and consent to Sponsor’s and Woobox’s use of your personal information as described in their respective privacy policies, at https://excaliburdehydrator.com/27850788/policies/privacy-policy.html and http://www.woobox.com/privacy.
12. General Conditions
The Sweepstakes is subject to all applicable federal, state, and local laws and regulations. Winning a Prize is contingent upon accepting these Official Rules and fulfilling all requirements of these Official Rules. Sponsor reserves the right without liability to disqualify any entrant or cancel, suspend, modify and/or terminate the Sweepstakes, or any part of it, for any reason, including, but not limited to, insufficient entries, any printing, seeding, typographical, technical errors, human or otherwise, suspected or actual evidence of electronic or non-electronic tampering with any portion of the Sweepstakes, or if computer virus, bugs, unauthorized intervention, fraud, or technical difficulties or failures compromise or corrupt or affect the administration, integrity, security, fairness, or proper conduct of the Sweepstakes or any other factor beyond Sponsor’s reasonable control, as determined by Sponsor in its sole and absolute discretion.
In such event, Sponsor reserves the right to award the Prizes to the extent required by law for eligible entries submitted up to the time of the impairment (and/or thereafter), or in such other manner as deemed fair and appropriate by Sponsor in its sole and absolute discretion. Sponsor reserves the right to disqualify any individual it finds to be tampering or interfering with the operation of the Sweepstakes, acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner and void all such individual’s entries.
ANY ATTEMPT BY ANY PERSON TO DELIBERATELY 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 CIVIL AND/OR CRIMINAL PROSECUTION AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor's failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof.
13. Limitations of Liability
To the maximum extent permitted by law, the Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by entrants, technical errors, or by any of the equipment or programming associated with or utilized in the Sweepstakes; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections of the equipment or software associated with or utilized in the Sweepstakes; (c) unauthorized human and/or mechanical intervention in any part of the entry process or the Sweepstakes; (d) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (e) any injury or damage to persons or property including, without limitation, death, bodily injury and emotional distress, which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt, use or misuse of any Prize. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is to submit another comment during the Sweepstakes Period through the method set forth in these Official Rules.
Entrant agrees that: (a) any and all disputes, claims, 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; (b) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, or any Prize awarded, shall be resolved exclusively by the United States District Court or the appropriate Florida State Court located in Broward County, Florida; (c) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but will in no event include attorneys’ fees; and (d) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives 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. Some jurisdictions do not allow the limitations or exclusion of liability for punitive, incidental or consequential damages, in which case the liability of Sponsor and Released Parties will be limited to the maximum extent permitted by law. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Florida, without giving effect to any choice of law or conflict of law rules (whether of the State of Florida or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Florida.
15. Extended Meanings; Currency; Force Majeure
Unless otherwise specified in these Official Rules, words importing the singular include the plural and vice versa and words importing gender include all genders. All dollar amounts referred to in these Official Rules are in lawful money of the United States of America. Sponsor is not responsible for any damages caused by delay or failure to perform undertakings pursuant to these Official Rules when the delay or failure is due to weather, event cancellations, fires, strikes, floods, acts of God or the state’s enemies, lawful acts of public authorities, delays or defaults caused by common carriers, or other events that cannot reasonably be foreseen or provided against.
The Sponsor is Excalibur Dehydrator®, 3355 Enterprise Ave #160, Weston, FL 33331.
17. Sweepstakes Results
For Sweepstakes results, send a hand-printed, self-addressed, stamped envelope to Winners List –Excalibur Dehydrator® 3948CDB Sweepstakes c/o Excalibur Dehydrator®, 3355 Enterprise Ave #160, Weston, FL 33331. The Winners List will be available after April 30, 2020, and requests must be received no later than four (4) months after the Sweepstakes Period ends.
CONSUMER DISCLOSURE: NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
You have not yet won a Prize. The actual odds of winning any Prize will depend upon the total number of eligible entries received during Sweepstakes Period. You must join the Excalibur Dehydrator® 3948CDB Sweepstakes by Tuesday, April 28, 2020 at 12:00 p.m. ET to be eligible. See Official Rules above for entry requirements and complete Prize restrictions. Excalibur Dehydrator®, 3355 Enterprise Ave #160, Weston, FL 33331.