Yonanas Healthy Slam Dunk Sweepstakes Official Rules

NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.

Healthy Foods, LLC (“Sponsor”) is pleased to introduce the Yonanas® Healthy Slam Dunk Sweepstakes (“Sweepstakes”). The Sweepstakes submission period begins on Sunday, March 29, 2015, at 12:00:00 a.m. Eastern Time (“ET”) and ends on Sunday, April 12, 2015, at 11:59:59 p.m. ET (“Sweepstakes Submission Period”). The deadline to enter the Sweepstakes is Sunday, April 12, 2015, at 11:59:59 p.m. ET. Eastern Time shall control for all purposes of the Sweepstakes. Sponsor’s computer shall be the official clock for purposes of the Sweepstakes.

As a condition of participating in the Sweepstakes, you agree to be fully and unconditionally bound by these Official Rules and the decisions of Sponsor, whose decisions shall be final and binding in all respects, and to waive any right to claim ambiguity in the Sweepstakes, these Official Rules, Sweepstakes materials, information contained on Sponsor’s website, available at www.yonanas.com, or Sponsor’s Facebook page, available at http://www.facebook.com/Yonanas. The Sweepstakes is subject to applicable federal, state, provincial, municipal, territorial, and local laws and regulations and is VOID WHERE PROHIBITED OR RESTRICTED BY LAW. Winning and receiving the Prize (as defined in Section 6) is contingent upon fulfilling all requirements set forth herein.

1.       Facebook® and Twitter® Disclaimer

You agree and acknowledge, as condition of participating in the Sweepstakes, that Facebook Inc., Twitter, Inc., and their owners directors, officers, employees, contractors, agents, representatives, parents, subsidiaries, attorneys, insurers, and associated corporations and entities (collectively, the “Facebook/Twitter Group”) are not sponsors of the Sweepstakes nor do they endorse or administer the Sweepstakes, nor do are they in any way associated with the Sweepstakes. All questions regarding the Sweepstakes must be directed to Sponsor, not the Facebook/Twitter Group. You also agree that as a condition of participating in the Sweepstakes, you shall release the Facebook/Twitter Group from any and all liability arising out of or relating to your entry, creation of an entry, submission of an entry, participation in the Sweepstakes, acceptance, use, or misuse of any Prize, or the broadcast, exploitation, or use of an entry.

2.       Eligibility

The Sweepstakes is open only to natural persons who are permanent legal residents of the fifty (50) United States or District of Columbia, who are physically located and residing therein and who are at least eighteen (18) years of age or older at the time of entry. If a potential winner is at least eighteen (18) years of age but still considered a minor in his or her jurisdiction of residence, the Prize may be awarded in the name of his or her parent or legal guardian who will be responsible for fulfilling all requirements imposed on the Prize winner set forth herein.

Directors, officers, employees, contractors, agents, mandataries, representatives, owners, and members of Sponsor, the Cleveland Cavaliers (“Prize Provider”), and each of their respective parents, subsidiaries, affiliated companies, franchisees, distributors, retail locations, suppliers, printers, advertising and promotion agencies, and any and all other companies associated with the design or execution of the Sweepstakes, including any member of Woobox, LLC (“Woobox”), as well as their immediate family and household members, whether related or not, are not eligible to enter the Sweepstakes. “Immediate family” shall mean spouse, parents, step-parents, legal guardians, children, step-children, siblings or step-siblings and each of their spouses regardless of where they reside. “Household members” shall mean those people who share the same residence.

3.       How to Enter

No purchase necessary. During the Sweepstakes Submission Period, you may enter the Sweepstakes by visiting http://yonanas.com/theq and following the onscreen instructions to submit an entry form, which requires the following information and affirmative actions from each entrant:

  • Preferred email address for contact and notification purposes;
  • First and last name;
  • Checking the box to verify that the entrant is at least eighteen (18) years of age; and
  • Checking the box to verify that the entrant has read these Official Rules, Sponsor’s Privacy Policy, and consents to having his or her personal information shared with Prize Provider.

Limit one (1) entry per person per day for completing a Sweepstakes entry form during the Sweepstakes Submission Period.

During the Sweepstakes Submission Period, you may obtain additional entries by completing the following optional invitation process:

  • After completing a Sweepstakes entry form, invite your friends to enter using the respective share button on the entry form’s “Thank You” page. You will receive one (1) additional entry for every valid and original entry Sponsor receives from your shared link.

Using an automated system to participate in the Sweepstakes or attempting to subvert the Sweepstakes entry process is prohibited and may result in disqualification. In the event of a dispute as to any submission, the authorized account holder of the email address provided on the entry form will be deemed to be the entrant. The “authorized account holder” is the natural person assigned the email address by the Internet access provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address. Sponsor reserves the right to require entrants to show proof of being the authorized account holder.

Sponsor is not responsible for incorrect or inaccurate transcription of entry information, computer, online or human error, technical malfunctions, any omission, interruption, defect, or any other error, including, without limitation, lost, late, incomplete, invalid, unintelligible or misdirected entries, all of which may constitute grounds for disqualification in Sponsor’s sole discretion. If a problem occurs in the entry process, the entrant is solely responsible for verifying that the entry process has been validly completed. Sponsor shall have no obligation to advise an entrant of an incomplete entry. All entries become the sole and exclusive property of Sponsor and will not be acknowledged or returned. Entrant is responsible for all online charges incurred with any Internet service provider and/or wireless carrier.

4.       Winner Selection

On Monday, April 13, 2015, at 10:00 a.m. ET in Cleveland, Ohio, Sponsor or an independent judging agency will select one (1) entry in a random drawing from all valid entries for the Prize (“Potential Winner”). Within twenty-four (24) hours of the random drawing, Sponsor will contact the Potential Winner at the email address provided at the time of entry. The Potential Winner will be awarded the Prize subject to verification of eligibility and compliance with the terms of these Official Rules. If the Potential Winner fails to respond to the verification email within forty-eight (48) hours of notification or the email notification is returned as undeliverable after two (2) attempts, the Potential Winner may be disqualified at Sponsor’s sole discretion. In the event the Potential Winner is disqualified for any reason, Sponsor may award the Prize to an alternate Potential Winner by random drawing from among all remaining eligible entries. Within twenty-four (24) hours of the secondary drawing, the alternate Potential Winner will also be contacted at the email address provided at the time of entry. If the alternate Potential Winner fails to respond to the verification email within forty-eight (48) hours of notification or the email notification is returned as undeliverable after two (2) attempts, the alternate Potential Winner may be disqualified at Sponsor’s sole discretion. In the event the Potential Winner is disqualified for any reason, Sponsor retains the right to repeat this process until an alternate Potential Winner complies with the verification of eligibility requirements.

5.       Verification of Potential Winner

The Potential Winner must continue to comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements. Except where prohibited, in order to qualify for the Prize, the Potential Winner may be required to sign and return to Sponsor, within four (4) calendar days from the date when Sponsor’s initial verification email was sent, a declaration of eligibility and a liability and publicity release (“Declaration”) via email to the address specified in the Declaration in order to claim the Prize. If the Potential Winner is not the legal age of majority in his or her jurisdiction of residence, the Declaration may be required to be confirmed and signed by his or her parent or legal guardian, and the Prize may be awarded in the name of his or her parent or legal guardian who will be required to fulfill all requirements imposed on the Potential Winner as set forth herein. If the Potential Winner fails to complete, sign, and return the applicable Declaration within the required time period or if the Declaration is returned as undeliverable or incomplete, he or she may be disqualified at Sponsor’s sole discretion.

A POTENTIAL WINNER IS SUBJECT TO VERIFICATION BY SPONSOR. SPONSOR’S DECISIONS AS TO THE ADMINISTRATION AND OPERATION OF THE SWEEPSTAKES, ANY CHANGES TO THESE OFFICIAL RULES, AND THE SELECTION OF THE POTENTIAL WINNER ARE FINAL AND BINDING ON EACH ENTRANT IN ALL MATTERS RELATED TO THE SWEEPSTAKES.

6.       Prizes and Odds of Winning

Subject to verification of eligibility and compliance with these Official Rules, one (1) Prize winner will receive the following items (collectively, the “Prize”) with a combined approximate retail value (“ARV”) of two hundred thirty dollars ($230 USD):

·         One (1) Cleveland Cavaliers Autographed Jersey. ARV $100 USD.

·         One (1) one hundred dollar Visa Gift Card. ARV $100 USD.

·         One (1) pack of coupons for four (4) free Yonanas 100% Fruit Soft-Serve desserts in Section 228 at the Quicken Loans Arena. ARV $30 USD.

Odds of winning the Prize depend on the number of eligible entries received during the Sweepstakes Submission Period.

7.       Prize Conditions

The Prize will be awarded only if the Potential Winner fully complies with these Official Rules. The Prize (or a component of the Prize) is subject to the terms and conditions of the issuer. All Prize details are at the sole discretion of Sponsor and/or Prize Provider and any depiction of the Prize, in Sweepstakes materials or otherwise, is for illustrative purposes only. Prize and Prize components, including, without limitation, coupons for the Yonanas 100% Fruit Soft-Serve desserts, are subject to availability and other restrictions all of which are subject to change at Sponsor’s or Prize Provider’s sole discretion. No transfer, refund, cash redemption, substitution, replacement or cash equivalent for the Prize or any Prize component will be made, except that Sponsor and/or Prize Provider at their sole discretion may substitute a prize (or component of a prize) of equal or greater value for any reason. All federal, state, provincial and local taxes, and all costs and expenses related to the acceptance and use of the Prize not specified herein as being provided, are the sole responsibility of the Prize winner. Any required tax reporting forms will be furnished to the appropriate authorities.

Visa Inc. is not a sponsor of or in any way affiliated with this Sweepstakes. No cash will be returned or refunds issued if the full value of the Visa gift card has not been used by its respective expiration date, if any. Visa gift cards may be subject to additional terms and conditions. Sponsor may, in its sole and absolute discretion, replace a lost, stolen or malfunctioning Visa gift card.

The ARV for the Prize is an estimate made before the Sweepstakes begins and may vary. If the actual retail value of the Prize is less than or greater than the stated ARV, the Prize winner will not receive the difference. No more than one (1) Prize will be awarded. There is no geographic allocation of the Prize. There is no ‘early bird’ Prize.

In the event that the Sweepstakes is cancelled or postponed by Sponsor for any reason whatsoever, the ARV of the Prize will be awarded to the extent required by law. Sponsor and/or Prize Provider shall have no responsibility or obligation to the Prize winner or a Potential Winner who is unable or unavailable to, or who does not for any reason, accept or utilize the Prize. In the event of non-compliance with these Official Rules, or if the Prize is unclaimed, the Prize will be forfeit. A forfeited Prize may be awarded to an alternate winner, at Sponsor’s sole discretion.

THE PRIZE IS AWARDED AS IS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS MAY NOT ALLOW (OR MAY LIMIT) DISCLAIMERS OF CERTAIN WARRANTIES, IN WHICH CASE THE FOREGOING DISCLAIMERS WILL BE ENFORCED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

8.       Entry Conditions and Release

By entering, you agree to: (i) comply with and be bound by these Official Rules and the decisions of Sponsor as they may be amended from time to time and (ii) release, indemnify, defend, and hold harmless Sponsor, its respective parents, subsidiaries, affiliates, suppliers, retailers, distributors, advertising and promotion agencies, the Facebook/Twitter Group, Prize Provider, Woobox, Visa, Inc. and each of their respective past and present officers, directors, employees, agents, shareholders, contractors and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability resulting or arising from the Sweepstakes (including reasonable attorneys’ fees), including, without limitation, negligence and damages of any kind to persons and property, invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright, or other intellectual property rights, property damage, death, or personal injury arising out of or relating to your entry, creation of an entry or submission of an entry, participation in the Sweepstakes, acceptance, use, or misuse of the Prize, or the broadcast, exploitation, or use of an entry. The Released Parties are also not responsible for any typographical or other error contained in the Official Rules or Sweepstakes-related materials.

9.       Publicity and Use of Personal Information

Except where prohibited by law, by participating in this Sweepstakes or accepting the Prize, you grant Sponsor, Prize Provider, and their designees the right to use your name, photograph, likeness, statements, biographical information, voice, city and state address, and other identifying information for advertising and promotional purposes for this Sweepstakes and similar promotions, worldwide, and in perpetuity, in any and all forms of media, now known or hereafter devised without additional compensation, review or approval rights, notification or permission.

10.   Privacy

By entering the Sweepstakes, you acknowledge and agree that you are providing your information to Sponsor and Woobox, not the Facebook/Twitter Group. You further acknowledge and agree that you have read and consent to Sponsor’s and Woobox’s use of your personal information as described in their respective privacy policies, at http://yonanas.com/privacy/ and http://www.woobox.com/privacy.

11.   General Conditions

The Sweepstakes is subject to applicable federal, state, municipal, and local laws and regulations. Winning the Prize is contingent upon accepting and fulfilling all requirements of these Official Rules. Sponsor reserves the right without liability to disqualify any entrant or cancel, suspend, modify and/or terminate the Sweepstakes, or any part of it, for any reason, including, but not limited to, insufficient entries, any printing, seeding, typographical, technical errors, human or otherwise, suspected or actual evidence of electronic or non-electronic tampering with any portion of the Sweepstakes, or if computer virus, bugs, unauthorized intervention, fraud, or technical difficulties or failures compromise or corrupt or affect the administration, integrity, security, fairness, or proper conduct of the Sweepstakes or any other factor beyond Sponsor’s reasonable control, as determined by Sponsor at its sole discretion.

In such event, Sponsor reserves the right to award the Prize to the extent required by law for eligible entries submitted up to the time of the impairment (and/or thereafter), or in such other manner as deemed fair and appropriate by Sponsor at its sole discretion. Sponsor reserves the right to disqualify any individual it finds to be tampering or interfering with the operation of the Sweepstakes, acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner and void all such individual’s entries.

ANY ATTEMPT BY ANY PERSON TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK CIVIL AND/OR CRIMINAL PROSECUTION AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event any provision of the Official Rules 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. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof.

12.   Limitations of Liability

To the maximum extent permitted by law, the Released Parties are not responsible for: (i) any incorrect or inaccurate information, whether caused by entrants, technical errors, or by any of the equipment or programming associated with or utilized in the Sweepstakes; (ii) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections of the equipment or software associated with or utilized in the Sweepstakes; (iii) unauthorized human and/or mechanical intervention in any part of the entry process or the Sweepstakes; (iv) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (v) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt, use or misuse of the Prize. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is to submit another entry during the Sweepstakes Submission Period through the methods set forth in these Official Rules.

13.   Disputes

By entering, you agree that: (i) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes or the Prize shall be resolved individually without resort to any form of class action; (ii) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes or the Prize shall be resolved exclusively by the United States District Court or the appropriate Ohio State Court located in Cuyahoga County, Ohio; (iii) 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 will in no event include attorneys’ fees; and (iv) 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 limitations or exclusion of liability for punitive, incidental or consequential damages, in which case the liability of Sponsor and the Released Parties will be limited to the maximum extent permitted by law. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Ohio, without giving effect to any choice of law or conflict of law rules (whether of the State of Ohio or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Ohio.

14.   Extended Meanings; Currency; Force Majeure

Unless otherwise specified in these Official Rules, words importing the singular include the plural and vice versa and words importing gender include all genders. All dollar amounts referred to in these Official Rules are in lawful money of the United States of America. Neither Sponsor nor Prize Provider are responsible for any damages caused by delay or failure to perform undertakings pursuant to these Official Rules when the delay or failure is due to weather, event cancellations, fires, strikes, floods, acts of God or the state’s enemies, lawful acts of public authorities, delays or defaults caused by common carriers, or other events that cannot reasonably be foreseen or provided against.

15.   Sponsor and Prize Provider

The Sponsor is Healthy Foods, LLC, 30339 Diamond Parkway, Suite 105, Cleveland, OH 44139. The Prize Provider is the Cleveland Cavaliers, 1 Center Court Cleveland, Ohio 44115.

16.   Sweepstakes Results

For Sweepstakes results, send a hand-printed, self-addressed, stamped envelope to Winners List –Yonanas® Healthy Slam Dunk Sweepstakes c/o Healthy Foods, LLC, 30339 Diamond Parkway, Suite 105, Cleveland, OH 44139. The Winner’s List will be available after April 20, 2015, and requests must be received no later than four (4) months after the Sweepstakes Submission Period ends.

CONSUMER DISCLOSURE: NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.

You have not yet won the Prize. The actual odds of winning any Prize will depend upon the total number of eligible entries received during Sweepstakes Submission Period. You must join the Yonanas® Healthy Slam Dunk Sweepstakes by 11:59:59 p.m. ET on Sunday, April 12, 2015, to be eligible. See Official Rules above for entry requirements and complete Prize restrictions. Sponsor: Healthy Foods, LLC, 30339 Diamond Parkway, Suite 105, Cleveland, OH 44139.