Loacker Wholefoods Giveaway
DATES OF SWEEPSTAKES:
The “Loacker Wholefoods Giveaway” Sweepstakes (the “Sweepstakes”) begins at 09:00 a.m. Eastern Time (“ET”) on November 21, 2022 and ends at 11:59 p.m. ET on November 28, 2022 (the “Sweepstakes Period”). All Entrants (defined below) must have access to the Internet in order to participate in this Sweepstakes. Normal Internet, phone and usage charges imposed by your online or phone service may apply.
The Sweepstakes is open to legal permanent residents residing in the 48 contiguous states of the (48) United States or the District of Columbia and eighteen (18) years of age or older or the age of majority in their state of residence at the time of entry (the “Entrant”). Officers, directors, managers and employees of Loacker USA, Inc. (the “Sponsor”) and each of its respective parent companies, subsidiaries, affiliates, and related companies, advertising and promotion agencies, consultants and agents, as well the immediate family (spouse, parents, siblings and children) and household members of each such person, and any others engaged in the development, production, execution or distribution of this Sweepstakes, (collectively, the “Sweepstakes Entities”) are not eligible to participate. Sweepstakes is subject to all applicable federal, state and local laws and regulations. Sweepstakes is void outside of the 48 contiguous (48) United States and the District of Columbia, and where restricted or prohibited by law. Limit one (1) entry per person, subject to additional eligibility terms outlined below.
HOW TO ENTER:
Visit @loakerusa on Instagram or Facebook and follow the steps indicated in the “Giveaway” post, posted on November 21, 2022. At the end of the sweepstakes, three (3) participants will be drawn at random to receive a $100 USD Wholefoods gift card and a gift box of Loacker wafer products, with each gift basket valued at approximately (approx.) $30 USD. Only individuals who follow the steps indicated in the post will be eligible for the drawing.
Neither Sponsor nor any Sweepstakes Entity is responsible for any entry that is lost, late, misdirected or undeliverable, whether due to system errors, omissions, interruption, deletions, defects, delay in operations or transmissions, theft or destruction or failures, faulty transmissions or other telecommunications malfunctions, entries not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, failed, incomplete or garbled computer or telephone transmissions, typographical or system errors and failures, faulty transmissions, technical malfunctions, or otherwise.
Each of the random drawings below will be conducted by Loacker USA whose decisions are based upon their sole discretion of these Official Rules and are final and binding in all respects.
ENTRY PERIOD DRAWINGS:
On or about the conclusion of the Entry Period drawing date outlined in the “DATE OF SWEEPSTAKES” section above, three (3) entries will be selected at random from among all eligible entries. Odds of being selected are based upon the total number of eligible entries received during the Date of Sweepstakes.
Three (3) winners will be randomly selected from among all eligible entries received. The winner will be notified by November 30, 2022 via Instagram or Facebook Direct Message, and will have two (2) business days to reply to message and confirm acceptance of prize. If the winner is unable or unwilling to accept the prize, he/she will be disqualified, and the prize forfeited, and, in such event, an alternate winner will be randomly selected from the remaining eligible entries. By entering this Sweepstakes, all entrants agree that Sponsor has the sole right to decide all matters and disputes arising from the Sweepstakes and its determination of the winner is final.
Three (3) winners will be awarded a Wholefoods Gift card valued at $100 USD and a free a gift basket of Loacker wafer products valued at approx. $30 USD. Gift cards and gift baskets will only be mailed to U.S. locations, per contest rules. The gift card and gift baskets will collectively be referred to herein as “Prizes” and the Winners will be collectively referred to herein as “Prize Winners”. Total ARV of all prizes is approx. $390 USD.
PRIZE RESTRICTIONS: Limit one (1) prize per person or household. No transfer, cash redemption or substitution of Prizes is allowed except at the sole discretion of the Sponsor. Prize Winners are required to comply with any and all applicable federal, state and local laws, rules and regulations. Sponsor reserves the right to substitute a prize of equal or greater value if a Prize becomes unavailable due to reasons beyond the control of the Sponsor. Sponsor will not replace any lost or stolen Prizes. No more than the number of Prizes set forth in these Official Rules will be awarded. Winning a Prize constitutes permission for Sponsor and its agencies to use Prize Winners' names, addresses (city & state), voices and/or likenesses for purposes of advertising, promotion and publicity, for this Sweepstakes only, without further compensation, unless prohibited by law.
GENERAL RULES OF PARTICIPATION:
By participating in this Sweepstakes, Entrants agree to be bound by these Official Rules and the decisions of the Sweepstakes Entities, which are final in all respects and not subject to appeal. Sponsor reserves the right to disqualify permanently from this Sweepstakes any Entrant it believes has violated these Official Rules. Neither Sponsor nor anyone acting on its behalf will enter into any communications with any Entrant regarding this Sweepstakes, except as expressly set forth in these Official Rules. By participating in this Sweepstakes, Entrants, and Prize Winners release the Sponsor and each and all of the Sweepstakes Entities, from any and all liability, damages or causes of action (however named or described) with respect to or arising out of participation in the Sweepstakes, and/or the receipt or use/misuse of the Prizes awarded, including, without limitation, liability for personal injury, death or property damage. Failure to comply with these Official Rules may result in disqualification from the Sweepstakes. All Sweepstakes materials are subject to verification and are void if (a) not obtained in accordance with these Official Rules and through legitimate channels, (b) any part is counterfeited, altered, defective, damaged, illegible, reproduced, tampered with, mutilated or irregular in any way, (c) are obtained where prohibited, or (d) they contain printing, typographical, mechanical, or other errors. Entrants assume all risk of loss, damage, destruction, delay or misdirection of Sweepstakes materials submitted to Sponsor. In the event any portion of this Sweepstakes is compromised by activities beyond the control of the Sponsor which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play of the Sweepstakes or this Sweepstakes, Sponsor reserves the right at its sole discretion to modify, suspend or terminate the Sweepstakes. Sponsor may prohibit an Entrant from participating in the Sweepstakes or winning a Prize if, in its sole discretion, it determines that said Entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other Entrants, Sponsor, or Sweepstakes Entities. If for any reason this Sweepstakes is not able to be conducted as planned, including, but not limited to, by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud or any other causes beyond the reasonable control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, then Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes and randomly draw from those entries received up to the cancellation/suspension date to award any Prizes. CAUTION: ANY ATTEMPT BY A PERSON TO 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 REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
By participating, Entrants agree to release, discharge, indemnify and hold harmless the Sponsor and each and all of the Sweepstakes Entities from and against any claims made by Prize Winners, Entrants, or any other third parties, related in any way to the operation of this Sweepstakes as well as any other claims, damages or liability due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any Prize or participation in any Sweepstakes-related activity, in this Sweepstakes or any claims based on publicity rights, defamation or invasion of privacy or merchandise delivery.
Entrant agrees that; (a) any and all disputes, claims, and causes of action arising out of, or connected with, this Sweepstakes (including without limitation, any alleged violation of these Official Rules, any controversy relating to the arbitrability of any dispute, or any claim that these Official Rules (or any part thereof) are invalid, illegal, or otherwise voidable (or void) shall be resolved individually, without resort to any form of class action, and exclusively by arbitration to be held solely in Rochester, New York under the auspices of the American Arbitration Association and pursuant to its Commercial Dispute Resolution Rules and Procedures; (b) any and all claims, judgments, liabilities, and/or awards shall be limited to actual out-of-pocket costs incurred, including costs associated with Entrant’s participation in this Sweepstakes or otherwise accessing this Sweepstakes, and in no event will Entrant be entitled to receive attorneys’ fees or other legal costs; and (c) under no circumstances will you be permitted to obtain awards for, and Entrant hereby waives, all rights to claim, punitive, special, incidental, and/or consequential damages and any other damages, other than 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 INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof. This arbitration provision shall be deemed to be self-executing, and in the event that either party fails to appear at any properly noticed arbitration proceeding, an award may be entered against such party notwithstanding said failure to appear. In no event shall Entrant seek or be entitled to rescission, injunctive, or other equitable relief or to enjoin or restrain the operation of this Sweepstakes, exploitation of any advertising or other materials issued in connection therewith, or exploitation of this Sweepstakes or any content or other material used or displayed on this Sweepstakes. 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 New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
Loacker USA, Inc.
101 Hudson Street, Suite 2201, Jersey City, NJ 07302
This Sweepstakes shall not be published without the written permission of the Sponsor.