FORAGER PROJECT SCOOPS SWEEPSTAKES OFFICIAL RULES
IMPORTANT: By Participating in the Forager Project Scoops Sweepstakes (the “Promotion”), you agree to be bound by these official rules (“Official Rules”) and represent that you satisfy all eligibility requirements set forth herein.
THIS PROMOTION IS INTENDED FOR PLAY IN THE FIFTY UNITED STATES ONLY (THE “ELIGIBILITY AREA”) AND SHALL BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW. VOID OUTSIDE THE ELIGIBILITY AREA AND WHERE PROHIBITED OR RESTRICTED BY LAW.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING DEPEND ON THE NUMBER OF ELIGIBLE ENTRIES RECEIVED. THESE OFFICIAL RULES GOVERN ALL ASPECTS OF PARTICIPATION AND PRIZE AWARD.
ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND PARTICIPANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
AFFIDAVIT OF ELIGIBILITY / RELEASE OF LIABILITY / PRIZE ACCEPTANCE AGREEMENT MAY BE REQUIRED.
1. Sponsor. The sponsor of the Promotion is Forager Project, LLC (“Sponsor”), a Delaware limited liability company with a registered business address of 235 Montgomery Street, Suite 420, San Francisco, California 94104.
2. Promotion Period. The Promotion begins on August 20, 2021 at 9:00 AM Pacific Standard Time (“PST”) and ends on August 31, 2021 at 11:59 PM PST (the “Promotion Period”). The Sponsor’s database computer is the official time-keeping device for the Promotion.
3. Eligibility. Promotion is open only to legal residents of the fifty (50) United States who, at the time of entry, are at least eighteen (18) years of age or older (unless otherwise excluded by Sponsor in accordance with applicable law) (each, a “Participant”). Participants’ proof of residency and age may be required. Employees, officers, directors, members and representatives of Sponsor and its parent companies, subsidiaries and affiliates, as well as the immediate family members (spouse, parents, siblings and children and each of their respective spouses, children and siblings) of Sponsor and/or persons living in the same households of Sponsor are ineligible to participate or win in this Promotion. Promotion is void outside the Eligibility Area and wherever prohibited or restricted by law, and subject to all applicable federal, state and local laws and regulations.
The terms “you” or “your” mean the person to whom the Prize (as hereinafter defined) is issued to upon satisfaction of the terms and conditions set forth in this Promotion. Redemption of the Prize is expressly conditioned upon acceptance of and compliance with these Official Rules. Participants may be required to sign paperwork issued by Sponsor.
4. How to Enter. No purchase necessary to enter or win. At the beginning of and/or prior to the Promotion Period, Sponsor will post an announcement about the Promotion (the “Announcement”) to its official @ForagerProject Instagram account and/or other social media accounts, which will include the following link where individuals can sign up to receive Sponsor’s newsletter: https://www.foragerproject.com/scoops/ (the “Scoops Link”). The Scoops Link may also be provided via QR code within the Announcement or at Sponsor’s physical locations. To earn an entry into the Promotion, Participants must subscribe to Sponsor’s newsletter by completing the required fields on the landing page for the Scoops Link and clicking “Submit” at the bottom of the page. Participants are required to provide their name, email address, and confirm their subscription to Sponsor’s newsletter. Upon completion, Participants will receive an email confirming they have entered the Promotion (the “Confirmation Email”) with additional information. Access to and completion of the fields at the landing page for the Scoops Link is free of charge.
To be valid, each entry must provide all requested information. For sake of clarity, any attempt by any Participant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that Participant’s entries and that Participant may be disqualified from the entire Promotion. Use of any automated system to participate is prohibited and will result in disqualification. Multiple Participants are not permitted to share an email address. In the event of a dispute as to any entry, the authorized account holder of the email address used to enter the Promotion will be deemed to be the Participant. The “authorized account holder” is deemed the natural person who is assigned to an email address by an Internet access provider, service provider, or other online organization that is responsible for assigning email addresses for the domain associated with the submitted email address.
Sponsor shall not be liable for any problems that occur during the entry process, including without limitation, late, incomplete, delayed, undelivered, or misdirected entries, and shall not have any obligation to advise a Participant of an incomplete, invalid, or undeliverable submission. No illegible, incomplete, forged, or altered entries will be accepted. Any Participant who is not in compliance with these Official Rules will not earn an entry into the Promotion.
5. No Entry Fee. There is no entry fee required to Participate in the Promotion. Only participation in accordance with these Official Rules will be accepted. No other forms of entry – fax, mail, phone or other – will be accepted. Entry materials/data that have been tampered with or altered are void.
6. Prize. After the close of the Promotion Period, one (1) winner will be selected by random drawing from all Eligible Entries (defined below) received, and such winner shall receive a shipment of five (5) frozen desert products once every month for a period of one (1) year (the “Prize”). The approximate retail value (“ARV”) of the Prize is $420.
Winner is solely responsible for all federal, state, and local taxes and other fees associated with his or her receipt and use of a Prize. No substitution, assignment or transfer of Prize is permitted, except by the Sponsor, who reserves the right to substitute the Prize with another prize of greater or equal value if the Prize cannot be awarded as stated. The Sponsor will withhold and/or report taxes as required by the applicable law of Sponsor’s jurisdiction. Sponsor is responsible only for Prize delivery and expressly disclaims responsibility for Prize utility, quality, or otherwise.
7. Winner Selection and Notification. After the close of the Promotion Period, Sponsor will select one (1) winner by random drawing from all Participants who validly completed the method of entry described in Section 4 (each, an “Eligible Entry”) to receive the Prize. Subject to verification of eligibility and compliance with the terms of these Official Rules, the Participant associated with the selected Eligible Entry will be declared the official “Winner” of the Promotion. Odds of winning depend on the total number of Eligible Entries received. The purchase of any goods or services will not increase any Participant’s chances of winning.
The potential winner will be notified by email and provided with instructions to claim the Prize. Sponsor is not obligated to call a potential winner and/or leave a voicemail, recording, or other message. Any failure of a potential winner to notify and communicate acceptance of a Prize within the timeframe set forth by Sponsor will result in forfeiture of the Prize. To receive the Prize, the selected potential winner must continue to comply with these Official Rules and fulfill all requirements set forth herein.
Winner may be required to sign and return an Affidavit of Eligibility and Liability & Publicity Release (“Affidavit”) and an IRS W-9 form to Sponsor. If required by Sponsor, these documents will be sent out to the potential winner by email along with instructions on to how to return them to Sponsor. The selected potential winner may be required to provide his/her U.S. Social Security Number for tax purposes. Sponsor reserves the right to modify the notification and Affidavit procedures in connection with the selection of any alternate winner.
A selected potential winner may be disqualified (and may forfeit the Prize) if such selected potential winner (i) is unreachable or does not timely respond to any communication from Sponsor (or its designee) (or if a winner notification is returned as undeliverable), (ii) declines or cannot accept, receive or use the Prize for any reason, (iii) fails to sign and return the Affidavit within the required time period, and/or (iv) does not comply with these Official Rules. In the event that a selected potential winner is disqualified and/or is unable to satisfy the requirements herein, Sponsor will use reasonable efforts to award the Prize to an alternate winner selected from among the remaining Eligible Entries (if necessary and time permitting) who successfully meets the requirements to receive the Prize, but Sponsor reserves the right to not award the Prize if, after multiple attempts, Sponsor is unable to identify an eligible alternate winner (if any) who accepts the Prize
8. Administration. Sponsor will have complete discretion over interpretation of the Official Rules and of administration and operation of the Promotion. Each potential winner(s) may, in Sponsor’s sole discretion, be required to show a valid state issued driver’s license, government-issued identification or other identification (subject to Sponsor’s approval) as evidence of identity and/or residency. The Sponsor expressly reserves the right to amend, suspend or terminate the Promotion at any time without prior notice or consent. Sponsor reserves the right to restrict at any time any Participant from participating in this Promotion for any reason. Any questions relating to eligibility, these Official Rules or any other questions concerning this Promotion will be resolved at the sole discretion of the Sponsor and the decision of Sponsor will be final and binding with respect thereto. No groups, clubs, corporations, companies, partnerships, or organizations may participate in this Promotion or reproduce or distribute any portion of these Official Rules to their members.
9. Release and Limitation of Liability. BY ENTERING THIS PROMOTION, EACH PARTICIPANT AGREES TO INDEMNIFY, RELEASE AND HOLD HARMLESS SPONSOR, TWITTER AND THEIR PARENT COMPANIES, SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, MEMBERS, DIRECTORS AND SHAREHOLDERS, ADVERTISING AND PROMOTION AGENCIES, CONSULTANTS, AND ANY OTHER COMPANIES PARTICIPATING IN THE PROMOTION, ADMINISTRATION OR FULFILLMENT OF THIS PROMOTION (COLLECTIVELY, THE “RELEASEES”) FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, LOSS, DAMAGE TO PERSONS OR PROPERTY, COSTS, EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEY FEES) AND ACTIONS OF ANY KIND (AND AGREE TO WAIVE ANY SUCH CLAIMS, ETC.) RELATED TO OR ARISING OUT OF THIS PROMOTION (INCLUDING, WITHOUT LIMITATION, THE PARTICIPANT’S PARTICIPATION IN THE PROMOTION) OR RESULTING FROM THE ACCEPTANCE OR USE OF ANY PRIZE AWARDED INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DEATH, DAMAGE TO OR LOSS OF PROPERTY, INVASION OF THE RIGHT OF PRIVACY OR PUBLICITY.
FOR PURPOSES OF CLARITY, RELEASEES WILL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY CLAIM ARISING IN CONNECTION WITH PARTICIPATION IN THIS PROMOTION OR ANY PRIZE AWARDED.
Releasees shall not be liable to any winner or any other person for failure to supply the Prize or any part thereof, 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 the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, 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 cause beyond Sponsor’s sole control. Releasees shall not be responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by any persons.
Releasees are not responsible for and shall not be liable for: (i) any incorrect or inaccurate information, whether caused by Participants, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (ii) technical, hardware, software, or telephone failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled, or delayed computer transmissions which may limit or interfere with a Participant’s ability to take part in the Promotion; (iii) unauthorized human intervention in any part of the Promotion; (iv) technical or human error which may occur in the administration of the Promotion; (v) late, lost, delayed, misdirected, incomplete, unreadable, inaccurate, undeliverable, damaged or stolen notices (including winner notifications, if applicable); (vi) data corruption, theft, destruction, unauthorized access to or alteration of the App or other materials; (vii) any printing, typographical, human, administrative or technical errors or omissions in any material associated with the Promotion; and/or (viii) any injury, loss, costs, expenses or damages to persons or property (including, but not limited to, damage to any computer system or mobile device related to participation in, accessing or downloading information related to the Promotion) which may be caused, directly or indirectly, in whole or in part, from Participants’ participation in the Promotion or any Promotion-related activity.
10. Publicity. Except where prohibited by law, by accepting the Prize, you agree and acknowledge that Sponsor and its designees may, without any limitation or further compensation, use your name, voice, biographical data, and/or likeness in any and all media now known or hereinafter devised, throughout the universe and in perpetuity, for any commercial purpose including, but not limited to, advertising and promoting the Promotion or any other contest, sweepstakes, or promotion sponsored by the Sponsor.
11. General Conditions. Sponsor reserves the right, in its sole discretion, to modify, cancel or suspend this Promotion (or any portion of the Promotion) should an error, virus, bug, computer problem or other cause or issue corrupt, restrict, prevent or inhibit the administration, security or proper operation of the Promotion and, in such situation, to select the winner from the remaining eligible non-suspect entries received prior to and/or after such action or in such manner as deemed fair and appropriate by Sponsor in its sole discretion. Sponsor may prohibit a Participant from participating in the Promotion or winning the Prize if, in its sole discretion, Sponsor determines Participant is attempting to undermine the legitimate operation of the Promotion by cheating, hacking, deception, or other unfair practices or intending to annoy, abuse, threaten or harass any other Participant or Sponsor’s representatives. No more than the stated number of prizes will be awarded. ANY ATTEMPT BY A PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
12. Disputes. BINDING AGREEMENT TO ARBITRATE: YOU AND SPONSOR BOTH AGREE TO RESOLVE ANY AND ALL DISPUTES, CONTROVERSIES OR CLAIMS THAT IN ANY WAY ARISE OUT OF OR RELATE TO THESE OFFICIAL RULES OR FROM ANY SERVICES YOU RECEIVE FROM SPONSOR (OR FROM ANY ADVERTISING FOR ANY SUCH SERVICES), INCLUDING ANY DISPUTES BETWEEN YOU AND SPONSOR’S EMPLOYEES OR AGENTS (“DISPUTE(S)”), ONLY BY ARBITRATION ON AN INDIVIDUAL BASIS. YOU UNDERSTAND THAT BY AGREEING TO THESE OFFICIAL RULES, ARBITRATION WILL BE THE SOLE AND EXCLUSIVE MEANS OF RESOLVING ANY DISPUTE BETWEEN YOU AND SPONSOR. YOU ALSO UNDERSTAND THAT BY AGREEING TO THESE OFFICIAL RULES, YOU AND SPONSOR ARE GIVING UP THE RIGHT TO BRING A CLAIM IN COURT OR IN FRONT OF A JURY, AND THAT YOU AND SPONSOR ARE GIVING UP THE RIGHT TO PROCEED WITH ANY CLASS ACTION OR OTHER REPRESENTATIVE ACTION. Sponsor and Participant both agree that:
a) Notice of Dispute. If either you or Sponsor intends to arbitrate under these Official Rules, the party seeking arbitration must first notify the other party of the Dispute in writing at least thirty (30) days in advance of initiating the arbitration. Notice to Sponsor should be sent to Sponsor either by mail to Forager Project, LLC (attn.: Legal Department), at 235 Montgomery Street, Suite 420, San Francisco, California 94104 or email at firstname.lastname@example.org. Notice to you will be to your email address(es) and street address(es), if any, that Sponsor has in its records at the time the notice is sent. The notice must describe the nature of the claim and the relief being sought. If we are unable to resolve the Dispute within thirty (30) days, either party may then file a claim for arbitration.
b) Arbitration Procedure. The Federal Arbitration Act applies to these Official Rules. Except for small claims court cases, any and all Disputes will be resolved by arbitration administered by the American Arbitration Association (“AAA”), which will apply the AAA’s Consumer Arbitration Rules (excluding any rules or procedures governing or permitting class actions). You can get additional information from the AAA (www.adr.org). These Official Rules govern to the extent they conflict with the AAA’s Rules.
c) Arbitration Location. Unless you and Sponsor agree otherwise, the arbitration must take place in the county of your primary residence or San Francisco, California.
d) Arbitration Fees and Expenses. We will reimburse any filing fee that the AAA charges you for arbitration of the Dispute. If you provide us with signed written notice that you cannot pay the filing fee, we will pay the fee directly to the AAA. If the arbitration proceeds, we will also pay any administrative and arbitrator fees charged later.
e) Severability. If any part of this agreement to arbitrate is found by a court of competent jurisdiction to be unenforceable, the court will reform the agreement to the extent necessary to cure the unenforceable part(s), and the parties will arbitrate their Dispute(s) without reference to or reliance upon the unenforceable part(s). However, if for any reason the Class Action Waiver set forth below cannot be enforced as to some or all of the Dispute, then the agreement to arbitrate will not apply to that Dispute or portion thereof, but the remainder of the agreement to arbitrate will be binding and enforceable. The parties do not agree to class arbitration or to the arbitration of any claims brought on behalf of others.
CLASS ACTION WAIVER. THESE OFFICIAL RULES DO NOT ALLOW CLASS OR COLLECTIVE ARBITRATIONS, EVEN IF THE AAA PROCEDURES OR RULES WOULD. NOTWITHSTANDING ANY OTHER PROVISION OF THESE OFFICIAL RULES, THE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE THE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. ARBITRATION OR COURT PROCEEDINGS HELD UNDER THESE OFFICIAL RULES CANNOT BE BROUGHT, MAINTAINED OR RESOLVED ON BEHALF OF OR BY A CLASS, AS A PRIVATE ATTORNEY-GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY. IN ADDITION, INDIVIDUAL PROCEEDINGS CANNOT BE COMBINED WITHOUT THE CONSENT OF ALL OF THE PARTIES. ANY QUESTION REGARDING THE ENFORCEABILITY OR INTERPRETATION OF THIS PARAGRAPH WILL BE DECIDED BY A COURT AND NOT THE ARBITRATOR.
JURY TRIAL WAIVER. IF, FOR ANY REASON A DISPUTE PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND SPONSOR AGREE THAT THERE WILL NOT BE A JURY TRIAL. YOU AND SPONSOR UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM IN ANY WAY ARISING OUT OF OR RELATING TO THESE OFFICIAL RULES. IN THE EVENT OF LITIGATION, THIS PARAGRAPH MAY BE FILED TO SHOW A WRITTEN CONSENT TO A TRIAL BY THE COURT.
Each Participant must be the rightful owner of the email address used to enter the Promotion and/or or have authorized use of the email account associated with the Participant’s submitted email address. If a dispute arises about the identity of an email account holder, the account holder will be deemed the authorized account holder of the email address associated with the account. The “authorized account holder” is deemed the natural person who is assigned to an email address by an Internet access provider, service provider, or other online organization that is responsible for assigning email addresses for the domain associated with the submitted email address. A potential winner may be requested to provide the Sponsor with proof that the potential winner is the authorized account holder of the email address associated with the winning entry and that all eligibility requirements are met.
13. Governing Law: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Participant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of California without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
14. Gambling Prohibition. The Promotion is strictly for entertainment purposes and may not be used in connection with any form of gambling.
16. Official Rules/Winner’s List: For a copy of these Official Rules and/or any legally-required winner’s list, send a self-addressed, stamped envelope (Vermont residents need not affix return postage) to: Forager Project, LLC (attn.: Scoop Promotion), 235 Montgomery Street, Suite 420, San Francisco, California 94104.
© 2021 FORAGER PROJECT LLC. All rights reserved.
Michele L. Seattle, WA
Judy H. Marblehead, MA