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NCAA® DIVISION I MEN’S BASKETBALL TOURNAMENT TICKETS GIVEAWAY PRESENTED BY ORANGE LEAF FROZEN YOGURT: MARCH 2020.
OFFICIAL TERMS AND CONDITIONS
***This Promotion is not sponsored by or affiliated with the National Collegiate Athletic Association or any of its parent or affiliate companies in any manner.***
Orange Leaf Holdings LLC (“Orange Leaf”) is the sponsor of this promotion.
THE FOLLOWING TERMS AND CONDITIONS APPLY TO NCAA® DIVISION I MEN’S BASKETBALL TOURNAMENT TICKETS GIVEAWAY PROMOTION, PRESENTED BY ORANGE LEAF FROZEN YOGURT (THE “PROMOTION”). This Promotion is intended for participants in the United States at participating U.S. Orange Leaf stores. Please do not enter this Promotion if you are not a citizen or legal resident of the United States who is eighteen (18) years of age or older at the time you submit an Entry (defined below).
NO PURCHASE IS NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED BY LAW OR REGULATION.
HOW TO ENTER:
To enter the Promotion, go the official Orange Leaf website, www.orangeleafyogurt.com, (the “Website”) and vote for Team Salty or Team Sweet, and enter your first and last name and email address into the online submission form found on the Website (an “Entry”). All Entries must be made between 12:00 AM local time on March 2, 2020, and 11:59 PM local time on March 29, 2020 (the “Promotion Period”). Limit one Entry per customer per day.
THE GRAND PRIZE.
The Grand Prize is two (2) tickets to the NCAA® Division I Men’s Basketball Tournament Championship game on April 6, 2020 located in Atlanta, GA and up to $500.00 reimbursement for travel to ATL (together, the “Grand Prize” or “Prize”). Tickets are provided through the courtesy of the sponsor, Orange Leaf. The Grand Prize does not include lodging expenses or meals. The Grand Prize winner (“Grand Prize Winner”) is responsible for all travel expenses to and from Atlanta, GA above the $500.00 reimbursement. The Grand Prize Winner is responsible for choosing and booking any desired travel. Orange Leaf is not responsible in the event the NCAA® Division I Men’s Basketball Tournament Championship game is cancelled, delayed, or postponed. The estimated value of the Grand Prize is $1,000.00.
PRIZE WINNER ELIGIBILITY AND CONFIRMATION.
Each person selected to win the Grand Prize is a potential winner (“Potential Winner”). Each Potential Winner must demonstrate eligibility to be awarded the Prize. Orange Leaf is the final determiner of eligibility. Proof of eligibility includes: (i) showing his/her identify, such as by providing Orange Leaf a copy of his/her driver’s license or other identity card, (ii) showing proof of age, and (iii) proof of residence.
Odds of winning depend on the number of Entries.
AWARD OF THE PRIZE.
A potential Prize winner (each a potential “Prize Winner”) will be randomly selected by the marketing team of Orange Leaf from the pool of Entries. The first selected name will be potentially awarded the Grand Prize. Upon written confirmation of the potential Prize Winner’s eligibility to receive a Prize, the Prize will be awarded to the Prize Winner. To claim the Prize, each potential Prize Winner must provide Orange Leaf, when each potential Prize Winner is contacted by Orange Leaf, with his/her valid email address and US Postal Service mailing address. Orange Leaf will send each potential Prize Winner required Prize Claim Documents to be completed and returned to Orange Leaf. Upon confirmation by Orange Leaf of each potential Prize Winner’s eligibility, each Prize will be officially awarded to the Prize Winner.
In the event a potential Prize Winner is not eligible to receive the Prize, the Prize will be forfeited by that potential Prize Winner and a new potential Prize Winner will be selected in the same manner as above.
The Grand Prize Winner must be able to use the Grand Prize on April 6, 2020. No substitute dates or location will be permitted.
The selection and confirmation decision of each Prize Winner by Orange Leaf will be final.
The potential Prize Winner will be notified via the email address provided in the Entry by 11:59 PM central time on March 30, 2020 and will be announced via official Orange Leaf social media accounts (Instagram account (@orangeleaf), Facebook (www.facebook.com/orangeleafyogurt) and Twitter (twitter.com/orangeleaf) upon claiming each respective Prize.
In the event a potential Prize Winner does not return required Prize Claim Documents within three (3) days of sending by Orange Leaf, that potential Prize Winner will be disqualified and the marketing team of Orange Leaf will randomly select an alternate potential Prize Winner from the pool of remaining Entries in the same manner as described above. The alternate potential Prize Winner will be notified and verified as to eligibility in the same manner as the original potential Prize Winners.
Each Prize Winner is responsible for any and all local, state and or federal taxes (if any). Orange Leaf will issue the Grand Prize Winner an IRS Form 1099 for the value of the Grand Prize. For this, the Grand Prize Winner must provide Orange Leaf his/her social security number.
All Entries become the property of Orange Leaf Holdings LLC. By submitting an Entry, you acknowledge and agree that Orange Leaf Holdings LLC has the right to use the personal information you provided with the Entry. Please see Orange Leaf’s Privacy Policies for details about how Orange Leaf protects your privacy. Privacy policies may be found here: https://www.orangeleafyogurt.com/privacy.
ADDITIONAL TERMS AND CONDITIONS.
Any and all costs, fees (including, but not limited to, lodging, meals, luggage fees, and transportation from the Prize Winner’s home and the departing airport, or from ATL to the Championship game) and expenses not expressly stated in the Prize description are the sole responsibility of the Prize Winner. Any difference between the approximate retail value and the actual value will not be awarded and any difference will not be refunded. Prize Winner shall present Sponsor with his or her receipt(s) for travel expenses, including airfare, fuel, bus fare, or train fare. Upon its receipt of such receipt(s), Sponsor will reimburse Prize Winner for its actual travel costs, up to $500.00, by mailing Prize Winner a check to the valid US Postal Service mailing address provided by Prize Winner. No insurance is provided as part of the Prize, and obtaining any insurance, such as but not limited to travel insurance, health, accident or medical insurance, and property loss or damage insurance is the sole responsibility of the Prize Winner and/or his/her accompanying guest(s). Tickets for any event may not be sold. If the Prize Winner (and/or their accompanying guest(s)) is not able to use any part of the Prize, that unused part will not be substituted for cash or any other prize.
OTHER TERMS AND CONDITIONS:
1. You must be at least eighteen (18) years old as of the date you first enter the Promotion and are otherwise eligible to receive a Prize awarded to you in the Promotion if you are selected as a potential Prize Winner. Without limiting the foregoing, you represent that you satisfy all eligibility requirements set forth herein, including but not limited to any other requirements imposed by law. If you are selected as a Prize Winner, you agree to execute any additional waivers, consents, or authorizations required by us or applicable law. You represent you are not an employee of Orange Leaf Holdings LLC nor a franchisee of Orange Leaf or an employee of any Orange Leaf franchise and are not otherwise an affiliate or vendor of Orange Leaf.
2. You understand and agree if you are a Prize Winner and accept a Prize, you give Orange Leaf the right to use certain information about you in connection with the award of the Prize, including your name, likeness, and/or photograph. This use may include, without limitation, use in the exhibition, broadcast, distribution, advertising or promotion of the Promotion, and any other Promotion offered through any Orange Leaf website or application without further consideration or compensation. You agree to take, at Orange Leaf's expense, any further action (including, without limitation, execution of affidavits and other documents) reasonably requested by Orange Leaf to effect, perfect or confirm Orange Leaf's rights as set forth in this paragraph.
3. You agree that if you are the Grand Prize Winner to communicate with Orange Leaf when you use the tickets awarded to you as part of the Prize. You further agree to take one or more photographs of yourself at the NCAA® Division I Men’s Basketball Tournament Championship game and provide them to Orange Leaf for use by Orange Leaf to promote itself and its promotions. You agree that photographs taken by you shall be suitable for general/family viewing and consistent with the promotion of the Orange Leaf brand. Orange Leaf may contact you to coordinate with you about promotional photographs. In the event your family members or friends are included in the photographs, you agree to cooperate with Orange Leaf to enable Orange Leaf to obtain promotional releases from your friends or family in the photographs.
4. You agree that you may not sell the NCAA® Division I Men’s Basketball Tournament Championship game tickets.
5. You agree that if you are the Grand Prize Winner, you are solely responsible for the selection of people to whom you give the second NCAA® Division I Men’s Basketball Tournament Championship game ticket for use.
6. YOU ACKNOWLEDGE AND AGREE THAT ANY ACCEPTANCE, PARTICIPATION IN OR WITH, AND/OR USE OF ANY PRIZE OR ANY PART OF IT ARE SOLELY AT YOUR OWN RISK. YOU, ON BEHALF OF YOURSELF AND YOUR ASSIGNS, HEIRS, DEVISEES AND ESTATE (COLLECTIVELY, "SUCCESSORS"), HEREBY UNCONDITIONALLY AND FOREVER RELEASE, DISCHARGE, AND AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS ORANGE LEAF AND OTHER PROVIDERS OF ANY PRIZE (IF ANY) AND EACH OF THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROFESSIONAL ADVISORS, AND CONTRACTORS (COLLECTIVELY, "RELEASED PARTIES"), FROM ANY AND ALL CLAIMS, JUDGMENTS, COSTS, DAMAGES, LOSSES, EXPENSES, AND LIABILITIES (WHETHER UNDER CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE, OR IMPUTED), STRICT LIABILITY, PRODUCT LIABILITY, OR ANY OTHER THEORY) RELATING TO ANY CLAIM YOU MAY NOW OR LATER HAVE WITH RESPECT TO ANY DEATH, PERSONAL INJURY, PROPERTY DAMAGE, PECUNIARY, OR OTHER LOSS, DAMAGE, COST, OR EXPENSE (COLLECTIVELY, "HARM") THAT MAY BE SUFFERED BY YOU OR ANY THIRD PARTY AS A RESULT OF THE PROMOTION, ANY USE BY ORANGE LEAF OF YOUR NAME, LIKENESS (INCLUDING, WITHOUT LIMITATION, AURAL AND VISUAL LIKENESSES OF YOU), OR BIOGRAPHICAL DATA, OR IN CONNECTION WITH YOUR ACCEPTANCE, PARTICIPATION IN OR WITH, USE OF, AND/OR INABILITY TO USE ANY PRIZE AWARDED TO YOU, EVEN IF SUCH HARM IS CAUSED SOLELY BY THE RECKLESSNESS, NEGLIGENCE, OR FAULT OF ONE OR MORE RELEASED PARTIES (COLLECTIVELY, THE "RELEASED CLAIMS"). YOU UNDERSTAND AND AGREE THAT THIS RELEASE WILL PREVENT YOU AND YOUR SUCCESSORS FROM BRINGING ANY ACTION AGAINST ANY RELEASED PARTY AND FROM RECOVERING ANY MONEY DAMAGES OR OTHER RELIEF FROM ANY RELEASED PARTY IN CONNECTION WITH ANY OF THE CLAIMS RELEASED ABOVE. THIS PROMOTION IS VOID WHERE PROHIBITED BY LAW.
7. You understand and agree that if any provision of these Terms and Conditions is found to be unenforceable in any respect by a court of competent jurisdiction, it is your intent and understanding that these Terms and Conditions shall nonetheless be enforced to the maximum extent to which they are found to be legally enforceable. TO THE EXTENT PERMITTED BY LAW, YOU WAIVE THE BENEFIT OF ANY PROVISIONS OF ANY STATUTE OR OTHER LAW THAT MIGHT ADVERSELY AFFECT THE RIGHTS OF ANY RELEASED PARTY UNDER THESE TERMS AND CONDITIONS.
8. You understand and agree these Terms and Conditions shall be governed by the laws of the State of Oklahoma, U.S.A., without reference to its choice of law rules to the contrary. You irrevocably consent to the exclusive jurisdiction and venue of the federal and state courts located in Oklahoma County, Oklahoma, with respect to any claim or suit arising out of or in connection with these Terms and Conditions, the Promotion, any delivery, mis-delivery, or non-delivery of the Prize or your acceptance, participation in, use of, or inability to use any Prize or element of the Prize, and agree not to commence or prosecute any such claim or suit other than in the aforementioned courts. EACH OF THE PARTIES HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS, THE PROMOTION OR ANY OF THE RELEASED CLAIMS.
9. You understand and agree that your consent to these Terms and Conditions set forth above are a material inducement for Orange Leaf to award a Prize to you and that Orange Leaf would not do so in the absence of your consent as evidenced by your Entry and participation in the Promotion.
10. Entry in this Promotion does not constitute entry into any other promotion, contest, or sweepstakes of Orange Leaf.
11. These Terms and Conditions are the entire agreement between Orange Leaf and you with respect to the matters described herein, and supersedes any and all other agreements and communications, oral or written, between you and Orange Leaf or any other Released Party with respect to such matters. These Terms and Conditions may not be amended or supplemented except by a writing signed by Orange Leaf specifically referencing these Terms and Conditions.
©2020 Orange Leaf Holdings LLC.
The Orange Leaf® name and logos are trademarks and service marks of Orange Leaf and its affiliates. All other trademarks, service marks, logos, product or service names are the property of their respective owners. All Rights Reserved.
The NCAA® name and logos are trademarks of the National Collegiate Athletic Association and its affiliates. All Rights Reserved.
Site©2018 Orange Leaf Holdings unless otherwise noted. All rights reserved.
©2019-2020 Orange Leaf Holdings LLC. The Orange Leaf® name and logos are trademarks and service marks of Orange Leaf and its affiliates. All other trademarks, service marks, logos, product or service names are the property of their respective owners. All Rights Reserved.