SOCIAL MEDIA SWEEPSTAKES
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR CLAIM A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL APPLICABLE FEDERAL, STATE, LOCAL AND MUNICIPAL LAWS, RULES, AND REGULATIONS APPLY. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
ELIGIBILITY: The Sweepstakes ("Sweepstakes") is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years of age or older (nineteen (19) years old or older for Alabama and Nebraska residents) at the time of entry. Void where prohibited by law. Employees of Sponsor, including individuals who have previously been employed by Sponsor at any time within the past twelve (12) months, or any of Sponsor's parent companies, subsidiaries, affiliates, divisions, licensors, licensees, advertising and promotion, fulfillment, and related entities and prize suppliers (collectively "Sweepstakes Entities"), and their immediate families and/or those living in the same household are not eligible to enter or win. For purposes of this Sweepstakes, "immediate families" are defined as spouses, parents, step-parents, children, step-children, siblings, step-siblings, grandparents, and their respective spouses, regardless of where they reside.
The Sweepstakes is subject to all applicable federal, state and local laws and regulations. Participation in the Sweepstakes constitutes Entrant's full and unconditional agreement to these Official Rules and Sponsor's decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein. Entries must be received in the manner described in these Official Rules during the Sweepstakes Period to be eligible for prizes. Limit one entry per person.
SPONSOR: This Sweepstakes is sponsored and administered by CHUAO CHOCOLATIER, INC. a California corporation, having its principal office at 2350 Camino Vida Roble #101, Carlsbad, CA 92011 (the "Sponsor" or "Administrator").
Although the Sweepstakes is administered through a third-party interface (e.g., Facebook®, Instagram®, Twitter®, Woobox®, etc.), unless otherwise stated, the Sweepstakes is in no way sponsored, administered, endorsed by or associated with such third-party interface.
SWEEPSTAKES PERIOD: The Sweepstakes begins and ends as stated on the Sweepstakes page/Site (the "Sweepstakes Period"). All dates/times are subject to change. Sponsor's computer is the official time and record-keeping device of the Sweepstakes.
HOW TO ENTER THE SWEEPSTAKES: To enter the Sweepstakes, an entrant ("Entrant") must have a public, third-party social media account as designated on the Sweepstakes Site (e.g., Instagram, Facebook, etc.) and follow the directions specified on the Sweepstakes Site. If you are not a member of such designated, third-party social media site, you may download such app for free at such third-party social media website.
Entrants assume all risk of late, misdirected, incomplete, or incorrect or mistaken entries. In case of dispute, the authorized account subscriber of the email account used to enter the Sweepstakes at the actual time of entry will be deemed the participant, and must comply with these Official Rules. The authorized account subscriber is deemed to be the natural person who is assigned an email address by an ISP, online service provider, or other organization, which is responsible for assigning email addresses. Limit one (1) winner per household.
By entering this Sweepstakes, you agree and consent to Sponsor's collection, use and retention of your personal information as disclosed to Sponsor for all purposes related to this Sweepstakes and the promotion of Sponsor's products (including, but not limited to, processing and administering entries, sharing an entrant's personal information with Sponsor's service providers and contractors as necessary to conduct and operate this Sweepstakes, communicating with and awarding a Prize to Winner, making public announcements about Winner, using pictures of Winner and advertising, promoting and publicizing this Sweepstakes and Sponsor's products in any and all media without further compensation).
No Mail-in Entry: No participation via a mail-in entry is available.
SELECTION AND NOTIFICATION OF WINNER(S): The prize winner ("Winner") will be drawn randomly by the Administrator from among qualifying entries for the Sweepstakes Period. The decisions of the Administrator are final and binding in all respects.
The Winner selected for the Grand Prize will be notified via the email address provided within five (5) days of the drawing. Three (3) attempts will be made to contact the Winner within a five (5) day period. The Winner will be required to sign and return an Affidavit of Eligibility and a Liability and Publicity release, as provided by the Administrator, within fourteen (14) days of notification or the prize will be forfeited. If the Winner fails to respond within the five (5) day period, or if a contact attempt is consistently returned as undeliverable, or if the Winner cannot accept or receive or declines the Grand Prize for any reason within fourteen (14) days, or she/he is not in compliance with these Official Rules, such potential winner will be disqualified, the Grand Prize will be forfeited and an alternate winner will be selected by random drawing. There will be a maximum of three (3) alternate drawings after which the Prize will remain un-awarded. Sponsor shall have no liability for any potential winner notification that is not received by any potential Grand Prize winner for any reason, including but not limited to lost, late or misdirected mail.
ALL POTENTIAL WINNING ENTRIES FOR EACH AND EVERY PRIZE ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING. IF SPONSOR SO ELECTS, A POTENTIAL GRAND PRIZE WINNER AND HIS/HER PARENT/LEGAL GUARDIAN MAY BE REQUIRED TO SUBMIT TO A CONFIDENTIAL BACKGROUND CHECK TO CONFIRM ELIGIBILITY AND HELP ENSURE THAT THE USE OF ANY SUCH PERSON IN ADVERTISING OR PUBLICITY FOR THE SWEEPSTAKES WILL NOT BRING SPONSOR INTO PUBLIC DISREPUTE, CONTEMPT, SCANDAL, OR RIDICULE OR REFLECT UNFAVORABLY ON THE SWEEPSTAKES AS DETERMINED BY SPONSOR IN ITS SOLE DISCRETION. POTENTIAL WINNERS SHALL RESPOND TO ALL SUCH REQUESTS WITHIN FORTY-EIGHT (48) HOURS. AN ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE SWEEPSTAKES SHOULD SO INDICATE, UNLESS AND UNTIL ENTRANT'S ELIGIBILITY AND THE POTENTIAL WINNING ENTRY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
All selected potential winners must comply with all the terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements herein. It is the Entrant's responsibility to ensure that he/she has complied with the conditions contained in these Official Rules. The selection of a qualified Winner is final and binding in all matters related to the Sweepstakes. Sweepstakes Winner must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. Winner will receive their Prize approximately 8 to 10 weeks after the conclusion of the Sweepstakes.
PRIZE(S) AND ODDS: Winner(s) will be selected at the end of the Sweepstakes Period to win the designated prize(s) (the "Prize(s)") (Approximate retail value of the Prize(s) will vary). One (1) or more Prize winners will be selected during the Sweepstakes Period. Sponsor reserves the right to substitute prizes of equal or greater value. No other substitutions of a prize permitted. A prize voucher is valid for one (1) year from the date of issue with no extensions permitted. The prize voucher is void if bartered or sold. If lost, the prize voucher will not be re-issued. The prize is non-transferable, non-exchangeable, has no cash value, cannot be substituted, and cannot be extended past the expiration date printed on the voucher nor replaced if destroyed, lost, mutilated, stolen, or unredeemed. Winner is responsible for claiming his/her Prize from Sponsor. The odds of winning a Prize will be determined by the number of eligible entries received during the Sweepstakes Period.
Winner(s) will be selected at the end of the Sweepstakes Period to win the designated prize(s) (the "Prize(s)") (Approximate retail value of the Prize(s) will vary). One (1) or more Prize winners will be selected during the Sweepstakes Period. Sponsor reserves the right to substitute prizes of equal or greater value.
Prize(s) include: First place – two winners (4) four tickets each to San Diego Zoo and 4 Full Size Chocolate Bars and 1 Joyfully Wild 16 Piece Mini Chocolate Bar Gift Set each. Second place - two winners (2) two tickets each to San Diego Zoo and 2 Full Size Chocolate Bars and 1 Joyfully Wild 16 Piece Mini Chocolate Bar Gift Set each. Third place - two winners San Diego Zoo Wildlife Alliance merchandise of up to $50 fifty-dollars each and 1 Joyfully Wild 16 Piece Mini Chocolate Bar Gift Set each.
No other substitutions of a prize permitted. A prize voucher is valid for one (1) year from the date of issue with no extensions permitted. The prize voucher is void if bartered or sold. If lost, the prize voucher will not be re-issued. The prize is non-transferable, non-exchangeable, has no cash value, cannot be substituted, and cannot be extended past the expiration date printed on the voucher nor replaced if destroyed, lost, mutilated, stolen, or unredeemed. Winner is responsible for claiming his/her Prize from Sponsor. The odds of winning a Prize will be determined by the number of eligible entries received during the Sweepstakes Period.
GENERAL; TAX INFORMATION: No cash substitutions will be provided and no transfer of any prize to a third party is permitted. Submissions of entries will be accepted at Sponsor's sole discretion. Each winner will be solely responsible for paying all applicable federal, state and local taxes on prizes, if any. If applicable, winners may receive an IRS Form 1099 for the prize retail value. All Registered Trademarks and logos used in conjunction with this Sweepstakes are the intellectual property of their respective owners and are used by permission.
PUBLICITY: Except where prohibited, participation in the Sweepstakes and acceptance of a Prize constitutes Winner's consent to Sponsor's use of Winner's name, likeness, photograph, voice, opinions, biographical information, hometown, and state for promotional purposes in any media without further payment or consideration. By accepting the Prize, the Winner, on behalf of himself/herself and child, parent/legal guardian of a Winner agrees that Sponsor and its affiliates, subsidiaries, and their respective officers, directors, employees, representatives and agents shall not be responsible or liable for any loss, damage or injury of any kind resulting from participation in the Sweepstakes or from acceptance, delivery, receipt, possession and or use or misuse of the Prize.
LIMITATIONS OF LIABILITY: No responsibility or liability is assumed by the Sponsor for technical problems or technical malfunctions arising in connection with any of the following occurrences which may affect the operation of the Site; hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; errors or limitations of any Internet service providers, servers or hosts; garbled, jumbled or faulty data transmissions; failure of any e-mail transmissions to be sent or received; lost, late, delayed or intercepted e-mail transmissions; inaccessibility of the Site in whole or in part for any reason; traffic congestion on the Internet or Site; unauthorized human or non-human intervention of the operation of the Sweepstakes, including without limitation, unauthorized tampering, hacking, theft, viruses, bugs, worms; or destruction of any aspect of the Sweepstakes, or loss, miscount, misdirection, inaccessibility or unavailability of any account used in connection with the Sweepstakes. Sponsor is not responsible for any typographical errors in the announcement of prizes or these Official Rules, or any inaccurate or incorrect data contained on the Site, including without limitation, the number of entries received in any particular account, or any personal injury or property damage or losses of any kind which may be sustained to user's or any other person's computer equipment resulting from participation in the Sweepstakes, or use of or download of any information from the Site. Use of the Site is at your own risk. Without limiting the foregoing, everything on the Site is provided "as is" without any warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement. Some jurisdictions may not allow the limitations or exclusion of liability for incidental or consequential damages or exclusion of implied warranties; check your local laws for any restrictions regarding these limitations or restrictions.
INDEMNIFICATION AND RELEASE: BY ENTERING THIS SWEEPSTAKES, ENTRANT AGREES TO RELEASE AND HOLD HARMLESS SPONSOR, ANY THIRD-PARTY INTERFACE THIS SWEEPSTAKES IS ADMINISTERED THROUGH (E.G., FACEBOOK, INSTAGRAM, TWITTER, WOOBOX, ETC.) AND ANY PROMOTIONAL PARTNERS, EACH OF THEIR PARENT, SUBSIDIARY, AFFILIATE AND RELATED COMPANIES, AND EACH OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (COLLECTIVELY THE "RELEASED PARTIES") FROM AND AGAINST ALL LOSSES, DAMAGES, RIGHTS, CLAIMS OR CAUSES OF ACTION OF ANY KIND ARISING, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, OUT OF PARTICIPATION IN THE SWEEPSTAKES OR RESULTING DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION WITH THE SWEEPSTAKES, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, DEATH, AND/OR PROPERTY LOSS OR DAMAGE, AS WELL AS CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY.
SUSPENSION/MODIFICATION/TERMINATION: Sponsor shall have the right to modify, suspend, or terminate the Sweepstakes at any time for any reason whatsoever, at the sole discretion of Sponsor. Sponsor reserves the right to modify, suspend, or terminate the Sweepstakes (including, without limitation, make changes to these Official Rules) without notice.
GOVERNING LAW/DISPUTES: VOID WHERE PROHIBITED OR RESTRICTED BY LAW: All federal, state, and local laws and regulations apply. By participating, Entrants agree to be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all respects. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules or the rights and obligations of Entrants, Sponsor, or the Released Parties in connection with the Sweepstakes will be governed by and construed in accordance with the internal laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state's laws.
BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT, EXCEPT WHERE PROHIBITED BY LAW: (i) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (ii) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED, (IF ANY), NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS ($250.00), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (iii) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, LOST PROFITS, AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS ($250.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (iv) ENTRANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
MISCELLANEOUS: The invalidity or unenforceability of any provision of the terms and conditions of these Official Rules and/or any other documentation will not affect the validity or enforceability of any other provision. In the event that any provision of these Official Rules and/or any other documentation 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. Entrant agrees to waive any rights to claim ambiguity of these General Rules. Headings are solely for convenience of reference and will not be deemed to effect in any manner the meaning or intent of the documents or any provision hereof. By submitting an Entry, Entrant agrees to the respective Terms of Use of the third-party administrator (e.g., Facebook, Instagram, Twitter, Woobox, etc.) the Sweepstakes is interfaced through.
SPONSOR'S DECISIONS ARE FINAL AND BINDING ON ALL MATTERS. CAUTION: ANY ATTEMPT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
WINNER'S LIST: To obtain the name of the Winner(s), available after the end of the Sweepstakes, mail a self-addressed stamped envelope to the Chuao Chocolatier, Attn: Carly Cruickshank, 2350 Camino Vida Roble #101, Carlsbad, CA 92011, RE: “San Diego Zoo and Chuao Chocolatier Sweepstakes”. Requests for Winner's List must be received by no later than ninety (90) days after the conclusion of the Sweepstakes.
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