1. ELIGIBILITY. The Mott's "#ClearPassion" Sweepstakes (the "Sweepstakes") is only open to entrants who, as of the entry date, are permanent legal residents of the fifty (50) United States and the District of Colombia, 18 years of age or older and who have reached the legal age of majority in entrant's home state. The Sweepstakes is void outside the fifty (50) United States and the District of Colombia and where prohibited or restricted by law. Employees, officers and directors of Mott's LLP ("Sponsor"), Trymark Consulting Group, L.L.C. and their parents, subsidiaries, affiliates (including, without limitation, divisions, advertising and promotion agencies, and the immediate families (defined as parents, spouses, children, siblings, grandparents, and their respective spouses) or members of the same household (whether related or not) of each such employee, officer and director), are not eligible to enter. The Sweepstakes, and any website pages and advertisements relating thereto, is intended for viewing only within the eligible Sweepstakes territory, and entrants must be present in the eligible Sweepstakes territory at the time they enter.
2. TIMING. The Sweepstakes begins at 9:00 a.m. Eastern Time ("ET") on July 22, 2019 and ends at 5:00 p.m. ET on August 30, 2019 (the "Sweepstakes Period"). Sponsor's computer is the official timekeeping device for the Sweepstakes.
3. HOW TO ENTER. Nominate your child or legal ward under eighteen (18) years of age for a chance to win a prize (as described below in Section 6), by completing the entry steps as described below. The person who submits the Entry will be considered the Entrant ("Entrant") and the child or legal ward (the "Nominee") would be awarded the prize in the name of the parent or legal guardian. You may enter the Sweepstakes in one two (2) of three (3) ways during the Sweepstakes Period:
By submitting an Entry, the Entrant consents to being contacted via direct message ("DM") on Twitter and/or Instagram if selected as a potential winner. Use of any automated system to participate is prohibited and will result in disqualification. Entries will not be acknowledged or returned, regardless of method of entry. Should multiple users of the same Instagram or Twitter account enter the Sweepstakes and a dispute thereafter arises regarding the identity of the Entrant, the authorized account subscriber or authorized account holder of said Instagram and/or Twitter account at the time of entry will be considered the Entrant and required to comply with these Official Rules and all requirements set forth herein. In the event of a dispute as to any Entrant's identity, the authorized account holder of the Instagram and/or Twitter account will be deemed to be the Entrant and he/she must comply with these Official Rules. The "authorized account holder" is the natural person assigned an account by Instagram and/or Twitter. Potential winners may be required to show proof of being the authorized account holder.Limit two (2) Entries per person (including multiple Twitter or Instagram accounts) per household and per e-mail address for the duration of the Sweepstakes Period, regardless of method of entry. And limit one (1) entry per entry method, except for entries submitted via mail. All Entries submitted via mail become the property of the Sponsor and will not be acknowledged or returned. If multiple Entries are received in excess of the stated limitation from any person or household or e-mail address, regardless of method of entry, only the first such Entry received from such person or household or e-mail address will be eligible for entry. The Sponsor assumes no responsibility for lost, late, or incomplete Entries and your Entry may not contain any content that the Sponsor, in its sole discretion, determines to:
The Sponsor reserves the right to reject any Entry which Sponsor determines, in its sole and absolute discretion, does not meet the above criteria or is otherwise offensive or is not in keeping with the Sponsor's image and reputation. Sponsor reserves the right to remove any Entry without prior notice. By submitting an Entry, you warrant and represent that you consent to the submission and use of the Entry in the Sweepstakes and to its use as otherwise set forth herein.
Released Parties (as defined below) are not liable for the use of any Entry by any third party. Entrant acknowledges and agrees that Released Parties have no, nor shall they have in the future, duty or liability, direct or indirect, vicarious, contributory or otherwise, with respect to the infringement or protection of any copyright in and to any Entry.
4. AGREEMENT TO OFFICIAL RULES AND DECISIONS. By participating in the Sweepstakes, each Entrant fully and unconditionally agrees to be bound by and accepts these Official Rules and the decisions of Sponsor (including, without limitation, decisions regarding eligibility of Entries, the selection of Entrants and the winners, and the awarding of the prizes), which are final and binding in all respects.
THESE TERMS ARE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND THE SWEEPSTAKES ENTITIES AND GOVERNS YOUR ENTRY IN THE SWEEPSTAKES. BY PARTICIPATING IN THE SWEEPSTAKES, YOU AGREE TO ABIDE BY THESE TERMS. Failure to comply with these Official Rules will void your Entry/ies.
5. DRAWING; ODDS; NOTIFICATIONS. A random drawing will be conducted on or about September 10, 2019 from among all eligible Entries received during the Sweepstakes Period. Drawing will be conducted by Trymark Consulting Group, L.L.C., an independent judging organization whose decisions are final and binding. Odds of winning will depend on the total number of eligible Entries received.
The Entrants selected must comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. Each potential winner will be notified via DM to his or her respective Twitter or Instagram account with instructions on how to claim the prize or by phone or e-mail (if a potential winner entered via mail). In the event that any DM or e-mail to a potential winner is returned as undeliverable, any phone number provided by a potential winner is incorrect or no longer in service, a response to any given DM, e-mail or phone call/message is not received within three (3) business days of date of its issuance or potential winner is not in compliance with these Official Rules, the prize may be forfeited and, at Sponsor's discretion, an alternate winner may be selected for the prize at issue. Potential Grand Prize winner will and potential First Prize winners may be required, in the sole discretion of the Sponsor, to execute and return an affidavit of eligibility and a liability release and, where legal, a publicity release within five (5) days of date of issuance of those documents or prize may be forfeited and, at Sponsor's discretion, awarded to an alternate winner for the prize at issue. In the event a potential winner is not in compliance with these Official Rules or prize notification is returned as undeliverable, the prize may be forfeited and an alternate winner may be selected for the prize at issue.
6. PRIZES. Grand Prize package (1): a $1,000.00 "passion" prize of winner's choice (prize selection must be related to the passion activity or hobby included in the Entry and is at the Sponsor's sole discretion) (Estimated Retail Value ("ERV") $1,000.00) and a one year supply of Mott's products (awarded in the form of Mott's coupons good toward the purchase of any Mott's products (coupons expire September 30, 2020) (certain terms and conditions as specified by issuer apply) (Maximum ERV $500.00). The prize will be awarded to the parent or legal ward of the Nominee on their behalf. The total ERV of the Grand Prize package is $1,500.00. First Prizes (4): a $500 "passion" prize of winner's choice (prize selection must be related to the passion activity or hobby included in the Entry and is at the Sponsor's sole discretion). The prize will be awarded to the parent or legal ward of the Nominee on their behalf (ERV $500.00). The total maximum ERV of all prizes combined is $3,500.00.
Prizes are nontransferable, non-assignable, nonnegotiable, and not redeemable for cash or credit. Prizes must be accepted as awarded. Prizes are awarded "AS IS" with no warranty, representation, or guarantee, express or implied, in fact or in law, made by Sponsor or for which Sponsor shall be liable, including, without limitation, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. No prize substitutions, except by Sponsor, who reserves the right (but has no obligation) to substitute a prize (or a component thereof) with another prize of equal or greater value (including cash) if the prize (or a component thereof) is not available for any reason as determined by Sponsor in its sole discretion. Unused components of a prize shall be forfeited and have no redeemable cash value. Winners are solely and fully responsible for any and all costs, fees, taxes, assessments and expenses associated with prize award, redemption, receipt and use, including, without limitation, all federal, state and local taxes on the prize. If applicable, winner will be issued an IRS Form 1099 for the actual retail value of the prize. Winners waive the right to assert as a cost of winning a prize any and all cost of verification and redemption or travel to redeem the prize. Non-compliance with any of the foregoing and any other condition of this Sweepstakes may result in disqualification and forfeiture of prize, in which case, no consideration will be awarded. LIMIT: One (1) prize per person or address (physical or email) during the Sweepstakes Period. If any potential winner does not wish to accept the prize, an alternate winner may be selected from the pool of eligible Entries for the drawing at issue.
7. PUBLICITY. Except where prohibited by law, participation in the Sweepstakes constitutes winner's consent to Sponsor's (and its designees', successors' and assigns') use of winner's and Nominee's name, biography, likeness, voice, photographs, video, opinions, statements, hometown, state and country for promotional purposes in any manner or media (including, without limitation, online), worldwide, in perpetuity, and without further payment, consideration, notice, review or consent.
8. GENERAL CONDITIONS. Sponsor reserves the right, in its sole discretion, to terminate, modify or suspend the Sweepstakes if, in Sponsor's opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Sweepstakes, or if viruses, bugs, unauthorized intervention, fraud, technical difficulties or failures or any other factor beyond Sponsor's reasonable control corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes. In such event, Sponsor reserves the right (but does not have the obligation) in its sole discretion to award the prizes at issue at random from among eligible, non-suspect entries received up to the time of suspected impairment. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage any website, Twitter, or Instagram or undermine the legitimate operation of this Sweepstakes is a violation of criminal and civil laws, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision or any other provision of these Official Rules.
9. RELEASE. By entering, each Entrant forever and irrevocably releases and holds harmless Sponsor, Twitter, Instagram, Trymark Consulting Group L.L.C., their parents, subsidiaries and affiliates, and their respective agents, advertising and promotion agencies, affiliates, Sweepstakes partners and prize suppliers, and all of their respective employees, officers, directors, shareholders and agents (the "Released Parties") from and against all claims, damages or liabilities arising in whole or in part, directly or indirectly, from Entrant's participation and/or entry in the Sweepstakes and/or Entrant's award, receipt or use of any prize awarded in the Sweepstakes.
10. LIMITATIONS OF LIABILITY. Sponsor is not responsible for: (a) incorrect or inaccurate transcription of Entry information or late, lost, stolen, unintelligible, illegible, damaged, mutilated, altered, incomplete, misdirected or postage due Entries or Entries received through impermissible or illegitimate channels, all of which will be disqualified; (b) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer online systems, computer equipment, website, server provider, network, hardware or software; (c) the unavailability or inaccessibility of any website or service; (d) unauthorized intervention in any part of the entry process or the Sweepstakes; (e) printing, typographical, electronic or human errors which may occur in the administration of the Sweepstakes or the processing of Entries; or (f) any injury or damage to persons or property, including but not limited to Entrant's computer, which may be caused, directly or indirectly, in whole or in part, from Entrant's participation in the Sweepstakes, or from viewing, playing or downloading any material from Sponsor's website(s), regardless of whether the material was prepared by Sponsor or a third party, and regardless of whether the material is connected to Sponsor's websites by a hypertext link.
11. DISPUTES. Entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded shall be resolved individually, without resort to any form of class action, and solely and exclusively in federal courts located in the District of Texas or state courts located in Plano, Texas; Entrant submits to sole and exclusive personal jurisdiction to said courts in the State of Texas for any such dispute and irrevocably waives any and all rights to object to such jurisdiction; (b) any and all claims, judgments, and awards shall be limited to actual out of pocket costs incurred, including costs associated with entering this Sweepstakes but in no event attorneys' fees; and (c) under no circumstances will Entrant be permitted to obtain awards for and Entrant 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 LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Entrant or Sponsor in connection with the Sweepstakes shall be governed by, and construed in accordance with, the laws of the State of Texas, without giving effect to any choice of law or conflict of law rules of provisions (whether of the State of Texas, the United States, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Texas.
13. WINNERS LIST/OFFICIAL RULES. The names of the winners (available after October 15 2019) and/or a copy of these Official Rules may be obtained by mailing a self-addressed, stamped #10 envelope to: Mott's "#ClearPassion" Sweepstakes - Winners/Rules (please specify which), P.O. Box 295, Gainesville, VA 20156, for receipt no later than November 30, 2019. VT residents omit return postage on rules requests.
14. SEVERABILITY; HEADINGS. If any provision of these Official Rules is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Official Rules and shall not affect the validity and enforceability of any remaining provisions. Headings and captions are used in these Official Rules solely for convenience of reference, and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof.
15. SPONSOR. The sponsor of the Sweepstakes and the address at which the Sponsor may be contacted is Mott's, LLP, 5301 Legacy Drive, Plano, TX 75024. Twitter and Instagram are not sponsors or promoters of this Sweepstakes.