NO PURCHASE NECESSARY TO ENTER, PARTICIPATE OR WIN. ONE ENTRY PER PERSON. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. BOTH NOMINATORS AND NOMINEES MUST BE AT LEAST 18 YEARS OLD (19+ IN AL) AS OF THE DATE OF ENTRY. VOID WHERE PROHIBITED.
1. PROMOTION PERIOD: The Clean Pantry Makeover nomination period begins at 12:01 a.m. Eastern Time (“ET”) on April 2, 2019 and will continue until April 12, 2019 (the “Promotion Period”).
2. SPONSOR AND ADMINISTRATOR: Earth Fare, Inc., 220 Continuum Drive, Fletcher, NC, 28732.
3. ELIGIBILITY: The promotion is open only to legal residents of North Carolina, South Carolina, Georgia, Tennessee, Alabama, Florida, Ohio, Indiana, Virginia, and Michigan who are at least 18 years old as of the date of entry. Employees, officers, managers, directors, shareholders, members, agents, representatives and their immediate family members (including spouses, siblings, parents, children and their spouses) and household members (whether related or not) of Earth Fare, an affiliated entity or any of their respective parent companies, subsidiaries, distributors, affiliates, vendors, service agencies and companies involved in the design, implementation and execution of the Promotion (collectively, the “Promotion Partners”) are not eligible to participate in the Promotion. The Promotion is subject to applicable federal, state and local laws and regulations and is void wherever prohibited or restricted by law.
4. AGREEMENT TO OFFICIAL RULES: By entering the Promotion, you fully and unconditionally agree to be bound by and accept all terms of these Official Rules and the decisions of Sponsors and Administrator (including decisions with respect to the selection of winners and the interpretation of these Official Rules), which are final and binding in all matters related to the Promotion. Winning the prize is contingent upon fulfilling all of the requirements set forth herein.
5. HOW TO ENTER: Persons submitting nominations (“Nominators”) must complete entries by using the online form provided atcom/nominate. The entry must fulfill all Campaign requirements, as specified, to be eligible to win a prize. Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Earth Fare. Each Nominator must notify any person that they choose to nominate (“Nominee”) of intent to include them in this contest. Each Nominee must also accept terms and conditions to be considered for the Prize.
Neither Sponsor nor any of the Released Entities (as defined herein) shall be responsible for either lost, late, damaged, delayed, destroyed, postage-due, misdirected, stolen, illegible, or incomplete, entries or mail; or for electronic, network, computer/scanner failures, or malfunctions, or other technical, mechanical, electronic or human errors or failures of any kind in the receipt, transmission and/or processing of entries. Entries become the property of the Sponsors and will not be returned.
6. WINNER SELECTION, PRIZE DESCRIPTION AND ODDS OF WINNING: Each winner (“Winner”) will be selected based on the quality and compelling nature of submission by community vote under the supervision of Earth Fare to win the prize described in Section 7 below. Voting for the prize will be conducted by Earth Fare periodically based on the number of entries received, but not later than 90 days, from all eligible entries received during the Promotion Period. The odds of winning depend on the number of eligible entries received. Odds of winning are equal regardless of method of entry.
7. PRIZES: The prize (“Prize”) for this Promotion consists of the following: Each Winner will receive one (1) bundle of “Clean Pantry” products chosen by Earth Fare and gift cards with a total approximate retail value (“ARV”) of $500. Each winner’s nominator (“Winner’s Nominator”) will receive gift cards with a total ARV of $100. Each Winner must allow employees and associates of Earth Fare into their legal residence for purposes of film, photography and audio capture. As part of this execution, Earth Fare’s medical consultant will advise Winner as to nutritional value of products featured in Prize for purposes of film, photography and audio capture.
8. WINNER NOTIFICATION: Each Winner will be notified by e-mail and/or telephone within approximately ten (10) days following the community vote drawing described in Section 6 above. If any given Winner cannot be contacted, does not respond within three (3) business days from the date the Administrator first tries to notify him/her, and/or the prize notification is returned as undeliverable, such Winner and Winner’s Nominator will forfeit the Prize and Sponsors may, but are not required to, select an alternate Prize winner by community vote from among all remaining eligible entries. Upon contacting any given Winner and determining that he/she satisfy all eligibility requirements of the Promotion, including without limitation the execution of the required affidavit of eligibility, liability release and publicity release described in Section 10 below, such individual will be deemed a “Winner”. The Sponsor will coordinate delivery of the Prize to each Winner within ten (10) to twelve (12) months from the date that each Winner’s Nominator confirms his/her identification and satisfaction of the eligibility requirements and provides the documentation/information required pursuant to these Official Rules.
9. PRIZE CONDITIONS: Sponsor reserves the right to substitute a Prize of the same or approximate retail value. No cash substitutions will be allowed. Each Prize is non-assignable and non-transferable. As a condition to receiving the Prize, the eligible entrant selected by the community vote drawing described in Section 6 above will be required to complete, sign, notarize and return an affidavit of eligibility, a liability release and a publicity release (where lawful) within the time period indicated on the winner notification and the eligible entrant must provide Sponsors with his/her social security number for tax reporting purposes as Sponsors will file an IRS Form 1099 with the Internal Revenue Service for the fair market value of each Prize. Any applicable federal, state or local taxes and any expenses or costs incurred in connection with or incidental to receipt or use of the Prize, including but not limited to taxes, tips, or any other service or item not specifically described in the Prize description above, are the sole responsibility of each Prize Winner, as applicable, and Sponsor shall not be responsible or liable for expenses or charges incurred by any Prize Winner in connection with the receipt or use of the Prize. The Prize shall be awarded “as is” with no guarantees or warranties, either express or implied. The Sponsor makes no representations or warranties in connection with the Promotion or the Prize and EXPRESSLY DISCLAIM ALL WARRANTIES AND RIGHTS IMPLIED BY STATUTE OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, to the maximum extent permitted by law. If the Prize Winner declines to accept the awarded Prize or is disqualified for failure to comply with the prize conditions set forth herein or these Official Rules, the selected winner will forfeit the Prize and Sponsor may, but is not required to, award the forfeited Prize to an alternate winner selected by community vote drawing from among all remaining eligible entries. The Prize (or any portion thereof) awarded may differ from any depiction shown in any promotional materials in connection with the Promotion. All prize details are in Sponsors’ sole discretion. Sponsor/Promotion Partner is not responsible and shall not be liable if any Prize is declined or undeliverable. Sponsor reserves the right to modify, suspend, extend or cancel the Promotion (with or without notice) at any time in Sponsor’s sole discretion, and may, but is not required to, substitute another promotion in its place. Sponsor further reserves the right to amend or change these Official Rules at any time, in Sponsor’s sole discretion. Sponsor/ Promotion Partner shall not be responsible for any limitations that prevent any Prize Winner or the Prize Winner’s guest from accepting or using the awarded Prize. The failure of Sponsors or the Promotion Partners to comply with any provision of these Official Rules due to an act of God, act of domestic terrorism, hurricane, war, fire, riot, earthquake, act of public enemies, actions of governmental authorities outside of the control of such parties (excepting compliance with applicable codes or regulations) or other force majeure events will not be considered a breach of these Official Rules.
11. PHOTO AND VIDEO WAIVER: Each Winner hereby irrevocably assigns to Earth Fare, Inc. (hereafter referred to as “Producer”) the right to record their voice and likeness for use in a media production (the “Production”) that is tentatively titled “Clean Food Pantry Makeover.” In assigning these rights, each Winner grants to Producer and its successors, assigns, and licensees the full and irrevocable right but not the obligation to produce, copy, distribute, exhibit and transmit Performer’s voice and likeness in connection with the Production by means of broadcast or cablecast, videotape, film or any other electronic or mechanical method now known or hereafter invented, in perpetuity and throughout the universe. Performer acknowledges that any picture or recording taken of Performer under the terms of this license will become the sole and exclusive property of Producer in perpetuity. Performer and Performer’s heirs and assigns shall have no right to bring legal action against Producer for any use of the pictures or recordings, regardless of whether such use is claimed to be defamatory or censorable in nature. Performer further acknowledges that Producer shall have the right to use Performer’s name, portrait, picture, voice and biographical information to promote or publicize the Production and to authorize others to do the same. However, nothing shall require Producer to use Performer’s name, voice or likeness in any of the manners described in this license or to exercise any of the rights set forth herein. Performer warrants and represents that he or she is free to enter into this license and that this agreement does not conflict with any existing contracts or agreements to which Performer is a party. Performer agrees to hold Producer and any third parties harmless from and against any and all claims, liabilities, losses or damages that may arise from the use of Performer’s voice or image in the Production. Performer understands that in proceeding with the Production, Producer will be relying upon the foregoing consent, permission and indemnity.
12. RELEASE OF LIABILITY: By entering the Promotion, each entrant releases and discharges Sponsor and Administrator and any other party associated with the development or administration of this Promotion, their parent, subsidiary, and affiliated entities, and each of their respective officers, directors, members, shareholders, employees, independent contractors, agents, representatives, successors and assigns (collectively, the “Released Entities”), from any and all liability whatsoever in connection with this Promotion, including without limitation any and all claims, costs, injuries, losses, damages, demands or actions of any kind (including without limitation personal injuries, death, damage to, loss or destruction or property, rights of publicity or privacy, defamation, or portrayal in a false light) (collectively, “Claims”), and each Winner releases and discharges the Released Entities from any and all Claims in connection with the administration of this Promotion and the use, misuse, or possession of any Prize. To the fullest extent permitted by law, each Prize Winner shall indemnify and hold harmless the Released Entities from any claims or damages for bodily injury, sickness, disease or death or from any claims for damage to tangible property. This indemnification shall extend to claims resulting from use of any Prize and shall apply only to the extent that the claim or loss is caused in whole or in part by any negligent act or omission of such Prize user or owner.
13. DISCLAIMERS: (i) Entries that are lost, late, misdirected, incorrect, garbled, or incompletely received, for any reason, including by reason of hardware, software, browser, or network failure, malfunction, congestion, or incompatibility at Sponsor’s server or elsewhere, will not be eligible. (ii) Sponsors and/or Administrator, in their sole discretion, reserve the right to disqualify any person tampering with the entry process. Use of any automated process to enter is prohibited and may result in disqualification at the sole discretion of Sponsors and/or Administrator (iii) Sponsor further reserves the right to cancel, terminate or modify the Promotion if it is not capable of completion as planned, including by reason of tampering, unauthorized intervention, force majeure or technical failures of any sort. (iv) The Released Entities are not responsible for errors in the administration or fulfillment of this Promotion, including without limitation mechanical, human, printing, distribution or production errors, and may modify or cancel this Promotion based upon such error at its sole discretion without liability. (v) THE RELEASED ENTITIES MAKE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, AS REGARDS THIS PROMOTION OR THE MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY PRIZE OR ANY COMPONENT OF ANY PRIZE. (vi) CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
14. APPLICABLE LAWS AND JURISDICTION: This Promotion is subject to all applicable federal, state, and local laws and regulations. Issues concerning the construction, validity, interpretation and enforceability of these Official Rules shall be governed by the laws of the North Carolina. All disputes arising out of or connected with this Promotion will be resolved individually, and without resort to class action, exclusively by a state or federal court located in North Carolina. Should there be a conflict between the laws of the North Carolina and any other laws, the conflict will be resolved in favor of the laws of the North Carolina. All judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys’ fees) associated with participation in this Promotion and shall not include any indirect, punitive, incidental and/or consequential damages.
15. WINNER’S LIST: To obtain a copy of the winner’s list via mail, please mail your request, together with a self-addressed, stamped envelope, to: Earth Fare, 220 Continuum Drive, Fletcher, NC, 28732. Requests received after January, 1 2019 will not be honored.