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NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED. VALID IN THE 50 UNITED STATES, PUERTO RICO, GUAM, AND THE DISTRICT OF COLUMBIA ONLY. ENTRY IN THIS CONTEST CONSTITUTES YOUR ACCEPTANCE OF THESE OFFICIAL RULES.
1. Eligibility: The [cbdMD Promotion Name] (the "Promotion") is open to legal residents of the United States of America, a United States Territory in Puerto Rico, Guam or Washington DC who sign up at [Campaign URL]. Entries from outside of the United States or its Territories will be disqualified. Entrants must be 18 years of age or older as of their date of entry in this promotion in order to qualify. Minors who enter will be disqualified. This Sweepstakes is subject to applicable federal, state, and local laws and regulations and void where prohibited by law. cbdMD's employees, its subsidiaries, affiliates, suppliers, partners, advertising and promotion agencies, and directors (collectively the “Employees”), as well as members of an Employees' immediate family and/or those living in the same household of Employees are ineligible to participate in the Promotion. The Promotion consists of a sweepstakes (the "Sweepstakes").
2. Administrator. The administrator is CBD Industries, LLC (“Administrator”), located at 8845 Red Oak Blvd, Charlotte, North Carolina. Administrator will conduct the Promotion substantially as described in these Official Rules.
3. Agreement to Rules: By entering this Promotion, the Entrant (“You” or “Your”) agrees to abide by the Administrator’s Official Rules and decisions, which are fully and unconditionally binding in all respects. The Administrator reserves the right to refuse, withdraw, or disqualify any Entry at any time at the Administrator’s sole discretion. By entering this Promotion, You represent and warrant that You are eligible to participate based on eligibility requirements explained in the Official Rules. You also agree to accept the decisions of the Administrator as final and binding as it relates to the Promotion.
4. Timing of the Promotion: The Promotion begins on [Date] at [Time] [Time Zone] and ends on [Date] at [Time] [Time Zone] (“Entry Period”). To be eligible for the Promotion, entries must be received within the specified Entry Period. The Administrator’s computer is the official time keeping device for the Promotion.
5. How to Enter: NO PURCHASE NECESSARY TO ENTER OR WIN. Eligible entrants can enter the Promotion by submitting an Entry via the online form provided at [Campaign URL] (the “Entry”). There is no charge for entering as free email services are available and free Internet access is available at many public libraries. As a participant, in order to be eligible to win a prize, Your Entry must fully meet all requirements specified in the Official Rules. Incomplete entries or those that do not adhere to the Official Rules or specifications will be disqualified at the Administrator’s sole discretion. Use of any automated system to participate is prohibited and may result in disqualification. Administrator is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected emails, which will be disqualified. Potential winners may be required to show proof of identity. In the event of a dispute as to the identity of the rightful winner, Administrator will gather proof of identity from the disputing parties and will solely be responsible for choosing the winner.
6. Prizes: The following prizes will be awarded to the Winner or Winners of the Promotion as may be determined by the Administrator:[Insert chart with prizes and retail values of each]The actual/appraised prize value may differ at the time the prize is awarded. The prize(s) shall be determined solely by the Administrator. There shall be no cash or other prize substitution permitted except at the Administrator’s discretion. Upon acceptance of any prize, a Winner shall be solely responsible for all expenses related to the prize, including without limitation any and all local, state, and federal taxes. As a condition to accepting a prize, for prizes with a value over $600, or if Your total winnings from all promotions offered by this Administrator exceeds $600 in a year, then You shall be required to provide the Administrator with a valid Social Security number or taxpayer-identification number before the Administrator will award the prize and a Form 1099 will be issued. Prizes are non-transferable. A Winner may not transfer assignment of the prize to others. A Winner may not request a cash equivalent or prize substitution. By accepting the prize, a selected Winner grants permission for the Administrator to use the Winner’s likeness, Entry, and name for purposes of advertising and trade without further compensation unless prohibited by law.
7. Odds: The total number of eligible entries received determines the odds of winning. Many will enter. Few will win.
8. Selection and Notification of Winner: Potential Winner(s) will be selected by [method of selection, e.g. a random drawing], under the supervision of the Administrator. The Administrator will notify a potential Winner by [email, phone, DM, etc.] within [five, ten, etc.] days following Winner selection. Potential Winners must continue to comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements. The Administrator is not responsible for, nor shall have any liability for, failure to receive notices due to email security settings that may cause notifications to be marked as spam or junk email or for any other technical reason. Nor shall be Administrator be liable should a potential Winner provide incorrect or otherwise non-functioning contact information. Once a potential Winner has been verified to the satisfaction of the Administrator, prize fulfillment will be arranged. If a potential Winner 1) fails to claim the prize within [xx days] from the time the award notification was sent, 2) is found ineligible, or 3) does not complete and return an executed declaration and release within the specified timeframe, the potential Winner may be disqualified and the prize may be forfeited. Otherwise, a selected potential Winner shall become a Validated Winner. In the event that a potential Winner is disqualified for any reason, the Administrator may, in its sole discretion, randomly select different potential winners from all remaining eligible entries and repeat the verification process outlined above, donate the forfeited prizes to charity, conduct a new promotion to award the prizes, or rule the specific Promotion to be void. A Winner’s receipt of the prize offered in the Promotion is upon the condition of compliance with any and all federal, state, and local laws and regulations. The Administrator’s computers and email systems shall be the system of record for determining winners. ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY THE ADMINISTRATOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION. IF A WINNER VIOLATES ANY OF THESE OFFICIAL RULES, SUCH WINNER (AT THE ADMINISTRATOR’S SOLE DISCRETION) WILL BE DISQUALIFIED, AND ALL PRIVILEGES AS A WINNER WILL BE IMMEDIATELY TERMINATED.
9. Rights Granted by You: By submitting an Entry (e.g., text, video, photo, etc.) into this Promotion, You understand and agree that the Administrator, any individual acting on the Administrator’s behalf, and the licensees, successors, and assigns of the Administrator shall have the right to print, publish, broadcast, distribute and use, in any manner and in any media known now or hereafter developed, royalty free and in perpetuity, worldwide, and without limitation, your submission, name, photo, portrait, voice, likeness, image, statements about the Promotion, and your biographical information for news, publicity, advertising, promotional purposes, trade, information, and public relations without any further notice, review, consent, compensation, or remuneration. You represent and warrant that all submissions you make to the Promotion of any kind or nature, including but not limited to any writings or audio/visual content, shall be original works of authorship or you shall have secured the rights to use and distribute any third party content or materials, and that such materials shall not violate or infringe upon the proprietary or intellectual property rights of any third party.
10. General Conditions: In its sole discretion, the Administrator reserves the right to modify, suspend, cancel, and/or terminate the Promotion for any reason, including but not limited to, unauthorized human or computer intervention, a bug or virus, fraud, or other causes beyond the Administrator’s control which impact or corrupt the security, fairness, proper conduct, or administration of the Promotion. In its sole discretion, the Administrator reserves the right to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. In its sole discretion, the Sponsor has the right to maintain the integrity of the Promotion, to void votes for any reason, including but not limited to, multiple entries from the same user beyond the number allowed by the Promotion rules, multiple entries from the same computer beyond the number allowed by the Promotion rules, or the use of bots, macros, scripts, or other technical means for entering. Attempts by any entrant to deliberately damage any website or undermine the legitimate operation of the Promotion may be a violation of criminal and civil laws. If any such attempt is made, the Administrator reserves the right to seek damages 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.
11. Release and Indemnity: By entering this Sweepstakes, entrant agrees to release, indemnify, defend, and hold harmless Administrator, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and each of their respective parent companies and each such company's officers, directors, employees and agents (collectively, the "Released Parties") from and against any claim or cause of action, including but not limited to, violation or infringement of intellectual property rights, personal injury, death, or damage to or loss of property, arising out of participation in the Promotion or receipt or use or misuse of any prize. Entrant also agrees to hold harmless Facebook, Instagram, Twitter, or any other social media network used in conjunction with the Promotion of the Contest (Social Media Networks), and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies and Social Media Network’s officers, directors, employees and agents from and against any claim or cause of action, including but not limited to, violation or infringement of intellectual property rights, personal injury, death, or damage to or loss of property, arising out of participation in the Promotion or receipt or use or misuse of any prize. The Administrator shall notify You of any claim of damages or indemnity.
12. Limitations of Liability:The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by an Entrant, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines, data lines, or network hardware or software; (3) unauthorized human or machine intervention in any part of the entry process or the Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Your participation in the Promotion or receipt or use or misuse of any prize. If for any reason Your Entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Your sole remedy is another Entry in the Promotion, provided that if it is not possible to award another Entry due to discontinuance of the Promotion, or any part of it, for any reason, Administrator, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein, but is under no obligation to do so. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Administrator reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims, or to cancel the Promotion or to take any other action Administrator deems necessary.
13. Disputes: Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Promotion, or any prizes awarded, other than those concerning the administration of the Promotion or the determination of winners, 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 Promotion, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate North Carolina State Court located in Charlotte, North Carolina; (iii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys' fees; and (iv) under no circumstances will You be permitted to obtain awards for, and You hereby waive 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 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 an entrant or Aministrator in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of North Carolina, without giving effect to any choice of law or conflict of law rules (whether of the State of North Carolina or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of North Carolina.
15. Winners List: You may obtain a copy of the list of Winners or a copy of these Official Rules, by sending your request via mail with a stamped, self-addressed envelope to: cbdMD, c/o Promotions Department, 8845 Red Oak Blvd, Charlotte, NC 28217. Requests must be postmarked no later than [date, time, timezone NOTE – This must give adequte time for a person to write in to find out if they won, so after Promotion ends but with enough time to get the request and reply before the prize award period is over].
16. Social Media Disclosure: This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, any third-party Social Media Network, including but not limited to Facebook, Instagram, Twitter, Snapchat, TikTok or LinkedIn.