MHAIA The Biggest Loser Resort Vacation Giveaway (“Sweepstakes”)
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY to enter or Win. MAKING A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED.
THE FOLLOWING SWEEPSTAKESIS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND SHALL ONLY BE CONSTRUED ANDEVALUATED ACCORDING TO UNITED STATES LAW. DO NOT ENTER THIS SWEEPSTAKES IF YOUARE NOT LOCATED IN THE UNITED STATES.
Entry into this Sweepstakes constitutes your acceptance of these Official Rules.
DATES: This sweepstakes begins March 1, 2010 at 12:00:00p.m. Central Time (“CT”) and ends April 16, 2010 at 11:59:59 p.m. CT (“Sweepstakes Period”). Sponsor’s computer is the official time keeping device for thisSweepstakes.
WHO MAY ENTER: Open to legal residents of the 50 United States and the District of Columbia, who are 18 years of age or older. Employees, officers,and representatives of Mexican Hass Avocado Importers Association (“Sponsor”), Encircle Marketing, Inc., their affiliate companies, subsidiaries, advertising and promotion agencies, or judges (collectively “Sweepstakes Parties”) at any time during the Sweepstakes Period, and their family members (parent, child, spouse,sibling, and their respective spouses) or persons living in the same household,are not eligible.
HOW TO ENTER: To enter for a chance to win, complete and submit an official entry form at theamazingavocado.com, a website owned and controlled by Sponsor. Entries must be received by 11:59:59 p.m. CT on April 16, 2010. For purposes of these Official Rules, “receipt” of an entry occurs when Sponsor’s servers record the entry information resulting from entrant clicking the “Submit” button. Entrants must have a valid email address. Internet entries will be deemed made by the authorized account holder of the email address at the time the entry is submitted. The authorized account holder is the natural person who is assigned to the email address by an Internet Service Provider or other organization that is responsible for assigning email addresses or the domain names associated with email addresses. The potential winner may be required to provide Sweepstakes Parties with proof that he/she is the authorized account holder of the email address associated with the winning entry.
Tell A Friend: You may also earn one (1)additional Sweepstakes entry (“Bonus Entry”) per day during the Sweepstakes Period by referring your friends to theamazingavocado.com. To tell a friend about the Sweepstakes, provide an email address of your friend when prompted after entry. For each valid email address that is provided, you will receiveone (1) additional entry into the Sweepstakes, up to a maximum of one (1) additional Sweepstakes entry per day. You must have a personal relationship with the person whose email you provide. Each friend may only be referred once during the Sweepstakes Period; subsequent attempts to refer the same friend will not receive a Bonus Entry.
Limit one entry and one Bonus Entry per person/email address/day. Although subsequent attempts to enter may be received, only the first entry and Bonus Entry received from a particular individual email account per day will be eligible; subsequent attempts to enter will be disqualified. Entries may only be made according to the method described above. Automated entries (including but not limited to entries submitted using any robot, script, macro, or other automated service), are not permitted and will be disqualified. Only eligible entries actually received by Sweepstakes Parties before the end of the Sweepstakes Period will be included in the prize drawing. Unintelligible, incomplete, or garbled entries will be disqualified.
HOW TO WIN: On or about May 3, 2010 a random drawing will be conducted by an independent judging agency to select the winner from all eligible entries received. On or about May 10, 2010, the winner will be notified by email, telephone and/or overnight mail. It is the responsibility of entrant to maintain the email address used to enter Sweepstakes in good working order. All winners must meet the eligibility requirements set forth in these rules, and sign an affidavit of eligibility, and liability and publicity release, where permitted by law, in order to qualify for the prize. Limit one prize per person/household. Note: You are not a winner of any prize until you have been verified as a winner by the independent judging Agency.Decisions of the judges are final in all matters relating to this Sweepstakes.
ODDS OF WINNING: The odds of winning depend upon the number of eligible entries received.
PRIZE: One (1) Grand Prize: Prize includes round-trip, coach class air transportation for two (2) from a major commercial airport near winner’s home within the U.S. to Ivins, Utah; seven (7) night stay at Biggest Loser Resort- Fitness Ridge in one (1) room with double occupancy; ground transportation to/from winner’s home to nearest major airport as well as from airport to Biggest Loser Resort-Fitness Ridge. Approximate retail value (“ARV”)$4,900.00. Actual value of trip may vary based on point of departure and airfare fluctuations. Any difference between estimated ARV and the actual value will not be awarded. Winner and travel guest must travel on the same itinerary. Selection of airline and ground transportation are solely within Sponsor’s discretion. Meals, gratuities, luggage fees, and any other travel-related expenses not specified herein are the sole responsibility of the winner. All travel must be completed by August 1, 2011. Winner’s guest will be responsible for their own transportation to and from airport nearest to winner’s home. All travel subject to availability and restrictions. Any applicable cancellation or change fees will be the sole responsibility of the Winner. If winner is eligible, but a minor in his/her state of residence, the travel guest must be winner’s parent or legal guardian. Winner’s travel guest must be of the age of majority in his/her state of residence. Travel guest must sign and return a travel release before any ticketing of travel occurs. Winner and guest must have all necessary identification and/or travel documents(e.g., a valid U.S. driver’s license) required for travel.
Only the prizes specified in the numbers indicated will be awarded. Prizes are non-transferable, with no substitutions,cash redemption or equivalent. Sponsor reserves the right to substitute a prize or prize component of equal or greater value should a prize or any component of a prize become unavailable. All applicable taxes on prizes are the sole responsibility of the winner. Sponsor expressly disclaims any responsibility or liability for injury or loss to any person or property relating to the delivery and/or subsequent use of prizes awarded. Sponsor makes no representation or warranties concerning the appearance, safety or performance of any prize awarded. BY ACCEPTING PRIZE, WINNER ACCEPTS THE INHERENTLY DANGEROUS NATURE AND RISK IN PHYSICAL FITNESS AND WEIGHT LOSS PROGRAMS, INCLUDING PERSONAL INJURY AND/OR DEATH, ACKNOWLEDGES THAT HIS/HER PARTICIPATION IN THE TRIP AND ANY PRIZE EVENT IS VOLUNTARY, ACKNOWLEDGES THAT THERE ARE NATURAL FACTORS AND OCCURRENCES WHICH MAY IMPACT ON OR AFFECT THE SAFETY OF THE ACTIVITIES HE/SHE IS PARTICIPATING IN AND HE/SHE ASSUMES THE RISK OF SUCH FACTORS AND OCCURRENCES AND AGREES THAT SWEEPSTAKES PARTIES SHALL NOT BE IN ANY WAY RESPONSIBLE FOR ANY RESULTING INJURY AND/OR DEATH.
CLAIMING PRIZE: Unclaimed prizes will not be awarded. As a condition of winning the Grand Prize, Grand Prize winner must complete, sign and return an affidavit or eligibility and liability and publicity release,where permitted by law, and any other applicable forms required by a taxing authority, within 14 days of receipt of written prize notification or prize will be forfeited. If any correspondence of the independent judging agency is returned as undeliverable, the prize will be forfeited. By accepting prize,entrants agree (and agree to confirm in writing) to Sponsor’s use of their name, photograph and/or likeness, address, voice, and statements made by or attributed to them, in perpetuity, in any and all media now known or hereafter developed (including, without limitation, print, broadcast and Internet), for all legitimate business purposes including advertising and promotional activities without additional compensation, unless prohibited by law.
MISCELLANEOUS CONDITIONS: All entries become the property of Sponsor and will not be returned. By participating entrants agree to abide by and be bound by these Official Rules and the decisions of the judges, which shall be final and binding with respect to all issues relating to this Sweepstakes. It is your responsibility to ensure that you have complied with all of the conditions contained in the Official Rules. Sponsor is not responsible for any lost, late, misdirected,stolen, illegible, incomplete entries, or for any computer, online, telephoneor technical malfunctions that may occur. Sweepstakes Parties are not responsible for any incorrect or inaccurate information, whether caused by website users, any of the equipment or programming associated with or utilized in the Sweepstakes, or any technical or human error which may occur in theprocessing of entries in the Sweepstakes. Sweepstakes Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Sweepstakes Parties are not responsible for any problems, failures or technical malfunction of any telephone network or lines, computer online systems, servers, hardware, program malfunctions, providers, computer equipment, software, email, players or browsers, on account of technical problems or traffic congestion on the Internet, at any website, or on account , or delays in computer transmission or network connections that are human or technical in nature, or of any combination of the foregoing. Sweepstakes Parties are not responsible for any injury or damage to participants or to any computer related to or resulting from participating or downloading materials in this Sweepstakes. If, for any reason, the Sweepstakes is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud,technical failures, or any other causes beyond the control of Sweepstakes Parties which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sweepstakes Parties reserve the right at their sole discretion to cancel, terminate, modify or suspend the Sweepstakes and randomly award the prize from among all eligible entries received prior to action taken by the Sponsor. Persons found tampering with or abusing any aspect of this Sweepstakes, or whom Sweepstakes Parties believe to be causing malfunction, error, disruption or damage will be disqualified. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right to correct any typographical, printing, computer programming or operator errors.
By participating in this Sweepstakes, entrants (or their parent or legal guardianif an eligible minor) agree (and agree to confirm in writing): (a) to release and hold harmless Sweepstakes Parties and each of their respective parent companies, affiliates, subsidiaries, officers, directors, representatives, agents and employees, from any and all liability whatsoever for any injuries, losses or damages of any kind arising from or in connection with, either directly or indirectly, (1) the awarding, acceptance, receipt, possession, useand/or misuse of any prize awarded herein; or (2) participation in theSweepstakes or any prize related activities, including but not limited to traveling to or from any prize related activity; (b) under no circumstances will entrant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (c) all 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; and (d) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs.
Privacy: By selecting the opt in box on the entry form, entrants agree to Sponsor’s use of their personal information for both online and offline direct marketing purposes. You may review Sponsor’s Privacy policy at theamazingavocado.com. The individual Sweepstakes Parties are solely responsible for their use of this information.
Choice of Law: By entering, entrants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, participant’s rights and obligations,or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of State of Texas, without giving effect to any choice of law or conflict of law rules. By entering, entrants consent to the jurisdiction and venue of the federal, state and local courts located in Dallas, Texas.
Winner’s List: If you would like a copy of the winner’s list, please send a self-addressed stamped envelope to: MHAIA The Biggest Loser Resort Vacation Getaway List, Encircle Marketing 1999 Bryan St.,29th Floor, Dallas, TX 75209 postmarked by June 3, 2010.
Official Rules: If you would like a copy of these Official Rules, please send a self-addressed stamped envelope to: MHAIA The Biggest Loser Resort Vacation Getaway Rules, Encircle Marketing 1999 Bryan St.,29th Floor, Dallas, TX 75209. Request received after the close ofthe Sweepstakes Period will not be honored.
SPONSOR: Mexican Hass Avocado Importers Association, 1103 Old Fallston Road, Fallston, MD 21047.
Administrator: EncircleMarketing, Inc., 1999 Bryan Street, 29th Floor, Dallas, Texas 75201.