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Anniversary Sweepstakes - Official Contest Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES
OF WINNING.
Sweepstakes begins 7/1/08 and ends 9/30/08.
Entries must be earned by 8:59 p.m., M.S.T., on 9/30/08.
ENTRY: TriVita
Members earn one entry for every person they refer who makes a first purchase during
the sweepstakes time period. The referral must give the Member’s full name
and Member ID number at the time of first purchase for the Member to earn an entry.
Members earn one entry for every referral during the monthly sweepstakes period,
which makes them eligible for one tier of the monthly cash prize drawings. Members
who earn 3 or more entries during the three month period are eligible to win one
of the grand prizes, according to the tiers presented.
LIMIT: There is
no limit on the number of entries a Member may earn.
ODDS: Odds of winning depend
upon the number of eligible entries received.
ELIGIBILITY: Entrants
must be a TriVita Member at the time of their referral’s first purchase. A
Member is a person who has purchased one or more products from TriVita. Members
must be legal residents of the 50 United States, the District of Columbia, and Canada
are eligible to enter, except employees of Sponsor, and any other organizations
affiliated with the sponsorship, fulfillment, administration, prize support, advertisement
or promotion and/or their respective agents, affiliates, subsidiaries and members
of their immediate families or persons residing at the same address.
WINNER SELECTION AND PRIZING:
On or about August 5, 2008, September 5, 2008, and October 5, 2008 a random drawing
from among all eligible entries earned in each prize tier will be conducted under
Sponsor’s supervision. Ten (10) winners will receiveone (1) $250 Visa cash
card. Six (6) winners will receive one (1) $500 Visa cash card. Three (3) winners
will receive one (1) $1000 Visa cash card. Two (2) winners will receive one (1)
$2500 Visa cash card. A Member may win only one cash prize
per month.
On or about October 3, 2008, a random drawing from among all eligible entries earned
in each prize tier will be conducted under Sponsor’s supervision. One (1)
3rd prize winner will receive one (1) massage chair. One (1) 2nd prize winner will
receive one (1) treadmill. One (1) grand prize winner will win one (1) trip for
two to Hawaii.
Sponsor reserves the right to substitute a prize (or portions thereof) of equal
or greater value if prize (or portions thereof) cannot be awarded as described.
Sponsor will determine all elements of prizes in its sole discretion. Grand prizes
may not be assigned, transferred, changed or redeemed for cash. Prizes are awarded
“as is” with no warranty or guarantee express or implied by Sponsor.
Sponsor disclaims all and any liability for the actual provision, quality or nature
of any third-party product or service accepted by the winners. The awarding of any
prize is contingent upon full compliance with these Official Rules. Entrants agree
to be bound by Official Rules and agree that if any winner fails to provide proof
of identity, refuses to provide required affidavit, is found to have violated Official
Rules, or otherwise does not meet eligibility criteria, prizes will be forfeited
and awarded to an alternate winner in a random drawing.
NOTIFICATION OF WINNERS: All
winners will be notified via mail or by phone by the Administrator of the requisite
procedure to claim the prize. Prizes will be sent to the winner's home address unless
otherwise agreed upon by the Administrator and the winner.
All grand prize winners must claim their prize within forty-five (45) calendar days.
All remaining prizes are to be claimed by winners within six (6) months unless otherwise
required on the prize letter.
If winner notification is returned as undeliverable, an alternate winner may be
selected by random drawing. For winners’ names, available after October 10,
2008, send a separate, self-addressed, stamped envelope to Anniversary Sweepstakes
List, TriVita, Inc., 16100 N. Greenway-Hayden Loop, Ste. 950, Scottsdale, AZ 85260.
WAIVER / LIMITATIONS OF LIABILITY:
Entrants understand that Sponsor is not liable for injuries, losses, or damages
of any kind arising from participation in this promotion and acceptance, possession,
and use of prize. Sponsor is not responsible for any typographical or other error
in the printing of the offer, administration of the sweepstakes or in the announcement
of the prize. Decisions of Sponsor are final and binding in all respects.
DISPUTE RESOLUTION:
Except where prohibited, by participating in the Sweepstakes entrants agree that:
All issues and questions concerning the construction, validity, interpretation and
enforceability of these Official Rules, or the rights and obligations of participants
and Sponsor and its agents shall be governed by and construed exclusively in accordance
with the laws of the State of Arizona without giving effect to any principles of
conflicts of law of any jurisdiction. Entrant agrees that any action at law or in
equity arising out of or relating to this Sweepstakes, or awarding of the prizes,
shall be filed only in the state or federal courts located in the State of Arizona
and entrant hereby consents and submits to the personal jurisdiction of such courts
for the purposes of litigating any such action. Except where prohibited, by participating
in this Sweepstakes, entrant agrees that: (a) any and all disputes, claims, and
causes of action arising out of or connected with this Sweepstakes, or awarding
of the prizes, 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 this
Sweepstakes but in no event attorneys' fees; and (c) under no circumstances will
any participant be permitted to obtain awards for and 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 incidental or consequential damages, so the above may not apply
to you.
OTHER: Sponsor
assumes no responsibility for entries it is unable to process due to network, hardware
or other technical failures; or any other reason, or for referral information not
supplied at time of initial purchase, leading to improperly linked accounts. Sponsor
reserves the right, in its sole discretion to disqualify any person tampering with
the entry process, with excessive returns against referred accounts, or otherwise
in violation of the rules. Sponsor further reserves the right, in its sole discretion,
to cancel, terminate or modify this promotion if not capable of completion as planned,
including infection by computer virus, technical corruption, non-authorized human
intervention or force majeure. In the event of cancellation, Sponsor reserves the
right to select winners from among all eligible entries received prior to date of
cancellation. Complete rules are available at TriVita.com subject to TriVita’s
Policies and Procedures Terms and Conditions
PRIVACY: By entering the sweepstakes,
Members agree that their information provided in connection with the sweepstakes
may be used for communications promoting the sweepstakes and future sweepstakes
sponsored by TriVita, Inc. A Member may subsequently “opt-out” of the
receipt of such communications by following the directions in any email, communication
or by contacting Member Services at 1-800-991-7116. Other than as provided herein,
an entry purchaser's information will not be shared with or sold to any other person
or entity.
Except where prohibited by law: entry constitutes permission to use Winners’
entry, name, hometown, voice, likeness, photograph and any statements regarding
this sweepstakes for editorial, public relations, promotional and advertising purposes
on behalf of Sponsor, in perpetuity, without compensation.
TAXES AND IRS RULES: All winners
shall be responsible for any and all federal, state and local income or excise taxes,
fees, assessments and like charges associated with the prizes.
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