1 Year Bubble Tea Giveaway
FOR SPECIFIC INFORMATION ABOUT THE 1 YEAR BUBBLE TEA GIVEAWAY, PLEASE VISIT https://www.paradisesmoothie.us/winfreedrinks/rules (THE “GIVEAWAY WEBSITE”) AND THEN CLICK ON THE SUPPLEMENTARY INFORMATION FOR THE RESTAURANT CONDUCTING THE GIVEAWAY.
1. Sponsor: The Paradise Smoothie®- Smoothie Bubble Tea & Coffee (“Giveaway”) is sponsored collectively by Paradise Smoothie®, LLC., the Paradise Smoothie franchised operator hosting the grand opening of the restaurant listed at the Giveaway Website (“Restaurant”), and their designees (collectively, the “Sponsor”). The name of the franchised Restaurant operator is available at the Giveaway Website.
2. Giveaway Period: The Giveaway consists of two phases, the Entry Period and the Drawing Period (each defined below). The Giveaway drawing will start at the beginning of the Entry Period (which will be at 12:00 a.m. local time at the Restaurant on 01/01/2022, unless otherwise indicated at on the Giveaway Website) and terminate at the end of the year on 12/31/2022 11:59 p.m Period (the “Giveaway Period”). The Giveaway Period will span approximately one hundred twenty (120) consecutive days during which participants must sign up via social media, official website, or onsite locations as designated by Sponsor and Sponsor’s representatives.
3. Eligibility: The Giveaway is open and offered only to legal residents of the 50 United States and the District of Columbia with a valid government-issued photo ID who, as of the date of entry, (a) are the age of majority in their respective state/jurisdiction of permanent residence, and in no event younger than 13 years of age, and (b) reside in the general vicinity of the Restaurant and in one of the zip code areas listed at the Giveaway Website(together, the “Eligibility Area”). If your government-issued photo ID does not reflect your current zip code, please visit the Giveaway Website to see a list of documents that may be provided as alternative evidence that you live in the Eligibility Area. In the event of any conflict or inconsistency with any other advertising, promotional or other materials, these Official Rules shall govern. Employees, officers, directors, and representatives of Sponsor, and their respective parents, subsidiaries, affiliates, operators, franchisees, advertising, promotion, or fulfillment agencies, promotional partners, and entities involved in the development, implementation, or handling of the Giveaway and other persons associated with the Giveaway (collectively, the “Giveaway Entities”), as well as the immediate family (spouse, parents, siblings, children, step-parents, step-siblings, and step-children, regardless of where they live) and same household members of any Giveaway Entity (whether or not related) are not eligible to participate in the Giveaway. Only individuals meeting all eligibility requirements set forth in these Official Rules who are selected and register in accordance with the procedures below may participate in the Giveaway or win a Prize (defined below).
4. How to Participate: One (1) of the first eligible individual who random drawing will be selected, along with ten (10) Alternates (defined below) (individually, a “Participant” and collectively, the “Participants”), to participate in drawing activities in accordance with the Drawing Rules indicated below. Each individual selected in the Drawing must respond to our winner announcement 10 days period. If a Participant can not be reach 10 days during the Giveaway Period without Sponsor’s written, express authorization, or if Participant is not onsite at Sponsor’s Restaurant at the specified time(s), he or she will be disqualified, and an Alternate will take his/her place to win.
1. Entry Period: The Entry Period will start at 01/01/2022 12:00 a.m. local time at the Restaurant the day, unless otherwise indicated at the Giveaway Website (“Entry Period Start Time”), and end at 11:59:00 p.m on 12/31/2022. the following morning.
2. How to Enter: Register at our website https://www.paradisesmoothie.us/winfreedrinks at the Entry Period Start Time and comply with any additional entry instructions provided by Sponsor’s representatives at the Restaurant, which shall be consistent with these Official Rules and the information provided at the Giveaway Website. Sponsor will check ID to confirm eligibility. As noted above, if your government ID does not reflect your current zip code, please visit the Giveaway Website to see a list of documents that will provide acceptable verification of your current residence.
1. Entry Drawing Period: The Entry Period will begin for each Participant as soon as that individual: (a) has been selected as a Participant or Alternate; and (b) has completed the registration process on https://www.paradisesmoothie.us/winfreedrinks. The Entry Period will start at 12:00 a.m on 09/01/2022. local time at the Restaurant on the day after the Entry Period began (unless otherwise indicated on the Giveaway Website), which is subject to modification by Sponsor in its sole discretion (“Entry Period”).
2. Participant, Alternate and Guest Participation in Giveaway: The one GRAND PRIZE winner (1) Participants and ten (10) Alternates selected during the Drawing Period to be eligible to receive a Prize.
1. Disclosure Requirements: By participating in this Giveaway, Participant and Alternate acknowledge and agree that they will clearly and conspicuously disclose their participation in this Giveaway in any online social sharing interaction that references the Giveaway. At a minimum, the hashtag, “#FreeBubbleTeaGiveaway” or “#1YearBubbleTeaGiveaway” should be prominently included in all social media communications sent or posted that relate to the Giveaway or any Prize. Sponsor reserves the right in its sole discretion to disqualify any Participant or Alternate who does not adequately disclose his or her participation in this Giveaway while engaging in any online social sharing interaction during the Giveaway Period.
2. Prizes: Subject to complying with these Official Rules, including but not limited to remaining in the Entry Period during the Giveaway, all Participants and Alternates will win a Prize (collectively, “Winners”). Prizes will be announce winner shortly after the end of the Entry Period on 12/31/2022 11:59 p.m or at such other time as indicated on the Giveaway Website, and all Winners must be present when Prizes are awarded to win a Prize. Limit one (1) Prize per person and per household. Any and all applicable federal, state, and local taxes and all fees and expenses related to acceptance and use of the Prize not specifically stated herein are the responsibility solely of Winner.
Only 1 Grand Prize (defined below) will be awarded to Participant, with the final number depending on the number of Participants remaining at the end of the Giveaway Period. The Grand Prize consists of free Paradise Smoothie® drink products for one (1) year; a Winner will receive one (1) promotional card (each, a “Promotional Card”), redeemable at participating Paradise Smoothie® restaurants and valid for fifty-two (52) Paradise Smoothie® drink of choices. Each time includes one (1) Paradise Smoothie® drink of choice, smoothie or bubble tea. Approximate Retail Value (“ARV”) of one Grand Prize is $250.00, and the total ARV of all Grand Prizes to be awarded is $250.00, however, please note ARV may vary based on geographical region.
Up to 10 Alternate Prizes (defined below) will be awarded to Alternates, with the final number depending on the number of Alternates remaining at the end of the Giveaway Period. The Alternate Prize will receive a “Paradise Smoothie T-Shirt”. ARV of each Alternate Prize is $20.00. The maximum total ARV of all Alternate Prizes to be awarded is $200.00.
Each Grand Prize and Alternative Prize (each, a “Prize”; collectively, “Prizes”) may not be sold, offered for sale, assigned, transferred, offered for transfer, photocopied, duplicated, or redeemed or exchanged for cash, except by Sponsor, in its sole and absolute discretion, which reserves the right to substitute Prizes with a prize of comparable or greater value, including, but not limited to, if underlying beverage products become unavailable for any reason. Additional terms, restrictions, and exclusions may apply to Promotional Cards; see front and back for additional terms and exclusions. With regard to the Promotional Cards portion of any Prize, please note the following: Promotional Cards have no cash value and may not be sold, auctioned, offered for sale, assigned, transferred, offered for transfer, photocopied, duplicated, or redeemed or exchanged for cash, merchandise, or services, except by Sponsor, in its sole and absolute discretion, who reserves the right to substitute Promotional Cards with a prize of comparable or greater value if underlying beverage products become unavailable for any reason. In the event that the Giveaway is cancelled or preempted for any reason, including weather, no rain checks, exchanges, substitution or cash replacement value of a Prize will be provided.
Sponsor, in its sole discretion, may award de minimis value premiums during the Giveaway Period to Participating Parties. These premiums shall not affect the award of Grand Prizes or Alternate Prizes. Guests will not be awarded any Grand Prize or an Alternate Prize.
Sponsor reserves the right to, in its sole and absolute discretion, not award a Prize to any Participant or Alternate. Sponsor is not responsible for and will not replace any lost or stolen Prizes or components of Prizes.
ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE GIVEAWAY. A PARTICIPANT OR ALTERNATE IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL PARTICIPANT’S OR ALTERNATE’S ELIGIBILITY HAS BEEN VERIFIED AND PARTICIPANT OR ALTERNATE HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
3. Publicity: Except where and as may be prohibited by law, participation in the Giveaway and acceptance of a Number, a Ticket, or a Prize constitutes express permission by a Participant or Alternate for Sponsor, and those acting pursuant to the authority of Sponsor, to use such Participant’s or Alternate’s name, photograph, image, likeness, voice, opinions, hometown, and/or state for advertising, trade, promotion, and publicity purposes in all forms of media now known or hereafter developed, worldwide in perpetuity, without further notice, review or approval, permission, or compensation. If you do not agree to these terms, you should not participate in the Giveaway.
4. General Conditions: Sponsor reserves the right, in its sole and absolute discretion, to cancel, terminate, modify, extend, or suspend the Giveaway should non-authorized intervention, fraud, weather, force majeure events or other causes beyond the control of Sponsor corrupt or affect the administration, security, fairness, or proper conduct of the Giveaway. Sponsor reserves the right to disqualify any individual it determines, in its sole and absolute discretion, is or is attempting or intending to: (a) tamper with any aspect of the operation of the Giveaway, (b) defraud Sponsor, (c) undermine the legitimate operation of the Giveaway by cheating, deception, or other unfair playing practices, (d) annoy, abuse, threaten, or harass any other Participating Party, Giveaway Entities, or representatives of the Giveaway Entities, or (e) act in violation of these Official Rules. In such event(s), Sponsor reserves the right (in addition to disqualification of such individual) to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any provision of these Official Rules shall not constitute a waiver of that provision. No groups, clubs, newsletters, or organizations may reproduce or distribute any portion of these Official Rules to their members, and anyone who participates in the Giveaway through means not permitted by these Official Rules is subject to disqualification. All Promotional Cards are subject to verification and are void and will be rejected if not obtained through authorized, legitimate channels, or if any part of a Promotional Card is determined by a Paradise Smoothie cashier and/or supervisory personnel to be illegible, forged, reproduced, manipulated, mutilated, counterfeited, or tampered with in any way or if the Promotional Card contains printing, typographical, mechanical, or other errors. Submission of Prize claim is the sole responsibility of Participant or Alternate. No more than the stated number of Prizes will be awarded. In the event that production, technical, mechanical, typographical, or any other reasons cause more than stated number of Prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right, in its sole and absolute discretion, to award only the stated number of Prizes (previously not awarded) by means of a random drawing among all legitimate and eligible Prize claims.
5. RELEASE: By participating in this Giveaway, each Participating Party, or their parent or legal guardian if they are a minor Guest, agrees to release, indemnify, and hold harmless, the Giveaway Entities and Facebook, Inc., Instagram, Inc., Twitter, Inc. and each of their respective officers, directors, owners, employees, agents, affiliates and owner-operators (collectively, the “Released Parties”), from any and all liability for any injuries, loss, harm, damage, cost, or expense of any kind to any person(s), including, without limitation, property damage, personal injury, and/or death, arising in whole or in part, directly or indirectly, from acceptance, possession, use, and/or misuse of a Prize or participation in this Giveaway or any Giveaway-related activity and for any claims based on publicity rights, defamation, or invasion of privacy. The Released Parties are not responsible for cancellations or delays, or if any Prize cannot be awarded, or if the Giveaway cannot be conducted as planned for any reason due to non-authorized intervention, fraud, weather, force majeure event, acts of war, natural disasters, terrorism events or other causes beyond their control.
6. Agreement to Official Rules: By participating in the Giveaway, each Participating Party, or their parent or legal guardian if they are a minor Guest, fully and unconditionally agrees to and accepts these Official Rules and the decisions of Sponsor (including but not limited to Sponsor’s employees or agents handling Prize redemption), which are final and binding in all matters relating to the Giveaway. By participating in the Giveaway, each Participating Party, or their parent or legal guardian if they are a minor Guest, waives any right to claim ambiguity in these Official Rules.
7. Limitation of Liability: Except where prohibited, each Participating Party, or their parent or legal guardian if they are a minor Guest, agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Giveaway, or any Prize awarded, or the determination of the Winners, shall be resolved individually, without resort to any form of class action; (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Giveaway but in no event attorneys’ fees and in no event more than $100; and (c) under no circumstances will any Participating Party, or their parent or legal guardian if they are a minor Guest, be permitted to obtain awards for, and Participating Party, or their parent or legal guardian if they are a minor Guest, hereby waives all rights to claim, punitive, incidental, consequential, and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
8. Choice of Law: All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of Participating Party, or their parent or legal guardian if they are a minor Guest, and/or Sponsor in connection with the Giveaway, shall be governed by, and construed in accordance with, the laws of the State where the Restaurant is located without regard to conflicts of law/choice of law doctrine of that State or any other jurisdiction, and all proceedings regarding same shall take place exclusively either in a state or federal court located in or around the town where the Restaurant is located, in the State where the Restaurant is located. Participating Party, or their parent or legal guardian if they are a minor Guest, agrees to the jurisdiction of such courts and waives any right to change of venue or any like right.
9. Official Rules: Official Rules for this Giveaway are available (a) by visiting the Giveaway Website and then clicking on the supplementary information for the Restaurant conducting the Giveaway, or (b) during the Giveaway Period, at the Restaurant conducting the Giveaway.
10. Disclosure of Winners: For a list of Winners for the Giveaway, mail the request which identifies the Restaurant along with a self-addressed stamped envelope for receipt within 3 months of the end of the Giveaway Period to: Paradise Smoothie, LLC., Paradise Smoothie First 1 Winners, ATTN: BUBBLE TEA WINNER, 10021 Gulf Center Dr, Ste G200, Fort Myers, FL 33913.
11. THIS GIVEAWAY IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, FACEBOOK, INC., TWITTER, INC., SNAPCHAT, INC., INSTAGRAM, INC., TIKTOK, INC. OR YOUTUBE, INC. or any other social media.