Paradise Smoothie®
1 Year Bubble Tea Giveaway
NO PURCHASE OR PAYMENT IS NECESSARY TO PARTICIPATE OR
WIN. A PURCHASE OR PAYMENT WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE
PROHIBITED AND OUTSIDE THE DESIGNATED ZIP CODE AREA.
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.
GENERAL
GIVEAWAY RULES AND INFORMATION
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.
Updated: 8/03/2022