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Energize Your Brain Health – Om Mushroom Superfood Sweepstakes Official Rules (these “Official Rules”)
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW. The Energize Your Brain Health – Om Mushroom Superfood Sweepstakes (the "Promotion") begins at 9:00:01 AM Pacific Time (“PT”) on April 1, 2021 and ends at 11:59:59 PM PT on June 30, 2021 (the “Promotion Period”). The Promotion contains a game of chance (“Sweepstakes”). The computer clock of the Sponsor (defined below) is the official time-keeping device in the Promotion.
ELIGIBILITY: The Promotion is open only to legal residents of the 48 contiguous United States (excluding Alaska and Hawaii) and the District of Columbia, who are 18 years of age (except residents in Alabama and Nebraska must be 19 years of age and residents in Mississippi must be 21 years of age) or older as of date of entry. Employees, officers and directors of M2 Ingredients, Inc. d/b/a OM Mushroom Superfood (“Sponsor”) and their respective parent companies, affiliates, subsidiaries, advertising, contest, fulfillment and marketing agencies (collectively, “Promotion Parties”), their immediate families (parent, child, sibling, spouse & life partner and their respective spouses & life partners, regardless of where they reside) and persons living in the same households as such individuals (whether related or not) are not eligible to participate in the Promotion. By participating, you agree to these Official Rules and to the decisions of the Sponsor, which are final and binding in all respects. Void in any state not listed above and where prohibited by law, rule or regulation. All federal, state and local laws and regulations apply.
HOW TO ENTER THE PROMOTION: To enter, visit ommushrooms.com/win (the “Website”) during the Promotion Period. Enter the Sweepstakes by completely entering your true and correct information on the registration form in the required fields (required fields include: Full Name, Zip Code, Phone Number, and Email Address). Upon registering, you will receive one (1) entry into the Sweepstakes (“Sweepstakes Entry”). You may log in each day throughout the Promotion Period, and will receive one (1) Sweepstakes Entry for each day you log in. Returning users will enter their email address and bypass the registration form. Limit of one (1) Sweepstakes Entry per person, per email address, per day throughout the Promotion Period.
ALTERNATIVE METHOD OF ENTRY: As an alternative method of entry to the Promotion, you may send your full name, zip code, phone number and email address to Energize Your Brain Health – Om Mushroom Superfood Sweepstakes Winners List Request, c/o Marketing, 1900 Aston Avenue Suite 100, Carlsbad, CA 92008.
SWEEPSTAKES DRAWING/ODDS: On or about July 16, 2021, the Sponsor will conduct a random drawing from all eligible Sweepstakes Entries received within the Promotion Period and select Five (5) Promotion Prize (as hereinafter defined) winners. Odds of winning a Promotion Prize depend on the number of eligible Sweepstakes Entries received.
WINNER NOTIFICATION: The potential Promotion Prize winners will be notified by email at the contact information provided in the Sweepstakes Entry within three (3) business days of winner selection or as soon as reasonably practicable. Potential winners will have ten (10) days to respond to winning notification before forfeiting their Promotion Prize. Any winner of a Promotion Prize will be sent an Affidavit of Eligibility/Liability Release via email. All forms must be completed, signed, and returned to Sponsor within ten (10) days of date of issuance. Potential winner becomes the “Winner” only after verification of eligibility by Sponsor. If such potential winner cannot be contacted within a reasonable time period, if the potential winner is ineligible, if any notification is returned undeliverable, or if the potential winner otherwise fails to fully comply with these Official Rules, he/she will forfeit that Promotion Prize and an alternate winner will be selected from among all remaining Sweepstakes Entries for that drawing. Note, the Promotion Parties shall have no liability for a winner’s failure to receive notices due to spam, junk e-mail or other security settings or for a winner’s provision of incorrect or otherwise non-functioning contact information.
PROMOTION PRIZES: Five (5) prizes will be awarded in connection with the Promotion (each, a “Promotion Prize”) as follows: One (1) $250 Gift Certificate to purchase groceries at the store in which the Winner entered the contest.
PROMOTION PRIZE RESTRICTIONS: Limit of one (1) Promotion Prize per person/per household. All Promotion Prizes will be fulfilled approximately four (4) to six (6) weeks after the expiration of the Promotion Period at the sole cost and expense of Sponsor. Promotion Prizes will be awarded only upon winner redemption, confirmation, verification and final approval by Sponsor. No substitution, transfer of any Promotion Prize or cash alternative permitted, except by Sponsor who reserves the right, in its sole discretion, to substitute a prize of equal or greater value, if Promotion Prize, or portion of Promotion Prize, becomes unavailable. Promotion Parties are not responsible for late, lost, stolen, damaged, delayed, or undelivered Promotion Prizes. Promotion Prizes can only be sent to a residence in the United States.
PROMOTION PRIZES ARE AWARDED “AS IS” WITH NO GUARANTEE. ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED BY THE PROMOTION PARTIES. ALL PROMOTION PRIZE DETAILS ARE AT SPONSOR’S SOLE DISCRETION. ANY COSTS AND EXPENSES ASSOCIATED WITH PROMOTION PRIZE ACCEPTANCE AND USE NOT SPECIFIED HEREIN AS BEING PROVIDED ARE WINNERS’ SOLE RESPONSIBILITY.
GENERAL: Each winner hereby expressly grants to the Promotion Parties and their respective designees all rights to use and publish his/her name, likeness (photographic or simulated), voice, and province of residence for all purposes, including without limitation, advertising, marketing, promotional and publicity purposes in connection with the Promotion (“Advertising”), in any and all media now or hereafter devised, worldwide in perpetuity, without any form of notice or any amount or kind of compensation or permission, except where prohibited by applicable law. All copyright, trademark or other intellectual property rights in such Advertising shall be owned by Sponsor and/or its licensors, and each winning participant hereby disclaims and waives any claim of right to such Advertising. Such Advertising shall be solely under the control of Sponsor and/or its licensors, and each winner hereby waives any claim of control over the Advertising content as well as any possible claims of misuse of such winning recipient’s name, likeness or voice under contract, tort or any other theory of law. The Promotion Parties do not assume any responsibility for any disruption in the Promotion, including but not limited to the failure or interruption of any internet service provider. In the event there is a discrepancy or inconsistency between disclosures and other statements contained in any Promotion materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern, and control. In no event will more prizes be awarded than those listed in Rule #5. All federal, state, and local laws and regulations apply. All decisions as to these Official Rules and interpretations thereof are exclusively within the sole discretion of the Promotion Parties and may be changed from time to time without notice. The Promotion Parties reserve the right to cancel or modify the Promotion at any time without notice. A potential winner may be requested to provide the Sponsor with proof that the potential winner is the authorized account holder of the email address associated with the winning Sweepstakes Entry. If, in Sponsor’s sole determination, a dispute cannot be resolved, the Sweepstakes Entry will be deemed ineligible. Sweepstakes Entries generated by a script or macro or other automated means will be disqualified. Sweepstakes Entries that are incomplete, garbled, or corrupted are void and will not be accepted.
CONDUCT: By participating in the Promotion, you agree to be bound by these Official Rules, the rules and policies of the social media websites (if and as applicable) and the decisions of the Promotion Parties, which shall be final, binding and non-appealable in all respects. Failure to comply with these Official Rules may result in disqualification. The Promotion Parties reserve the right at their sole discretion to disqualify any individual found to be tampering with the participation process or the operation of the Promotion, or to be acting in any manner deemed by the Promotion Parties to be in violation of the Official Rules, or to be acting in any manner deemed by the Promotion Parties to be unsportsmanlike or disruptive, or with intent to annoy, abuse, threaten or harass any other person and void all associated Sweepstakes Entries and/or registrations. CAUTION: ANY ATTEMPT BY A USER, YOU OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, THE PROMOTION PARTIES RESERVE THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
LIMITATIONS OF LIABILITY: The Promotion Parties assume no responsibility or liability for (a) lost, late, stolen, undelivered, inaccurate, incomplete, delayed, misdirected, damaged or garbled registrations, Sweepstakes Entries, URLs, or emails; (b) any incorrect or inaccurate Sweepstakes Entry information, or for any faulty or failed electronic data transmissions; (c) any unauthorized access to, or theft, destruction or alteration of Sweepstakes Entries or registrations at any point in the operation of the Promotion; (d) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, cable, satellites, servers, computers or providers utilized in any aspect of the operation of the Promotion; (e) inaccessibility or unavailability of the Internet or the Website or any combination thereof or for computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Promotion, including, without limitation, errors or difficulties which may occur in connection with the administration of the Promotion, the processing of Sweepstakes Entries, social networking posts, or registrations, the announcement of the Promotion Prizes, or in any other Promotion-related materials; or (f) any injury or damage to participants or to any other person's computer which may be related to or resulting from any attempt to participate in the Promotion. If, for any reason, the Promotion (or any part thereof) is not capable of running as planned for reasons which may include, without limitation, infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, then the Promotion Parties reserve the right at their sole discretion to cancel, terminate, modify or suspend the Promotion in whole or in part. If terminated, the Promotion Parties will award the Promotion Prizes from among all non-suspect, eligible Sweepstakes Entries received for the Promotion up to the time of such action.
RELEASES: All participants, as a condition of participation in the Promotion, agree to release, hold harmless and indemnify the Promotion Parties from and against any and all liability, claims, damages, or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained, in whole or in part, directly or indirectly, in connection with (a) participation in any aspect of the Promotion, (b) the receipt, ownership, use or misuse of the Promotion Prize awarded, including any travel associated with any Promotion Prize, (c) participant’s registration material on any related website, (d) any typographical or other error in these Official Rules, (e) technical failures of any kind, including but not limited to, the malfunction of any computer, cable, network, hardware or software or other mechanical equipment, (f) the availability or inaccessibility of any transmissions, telephone or Internet service, (g) unauthorized human intervention in any part of the entry process or the Promotion, or (h) electronic or human error in the admission of the Promotion or the processing of Sweepstakes Entries.
CHOICE OF LAW AND JURISDICTION: Except where prohibited by law, all issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of entrants, winners or Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of California or any other jurisdiction), which might otherwise cause the application of the laws of any jurisdiction other than the State of California. Any action seeking legal or equitable relief arising out of or relating to the Promotion or these Official Rules shall be brought only in the courts of the State of California. You hereby irrevocably consent to the personal jurisdiction of said courts and waive any claim of forum non convenience or lack of personal jurisdiction you may have.
TAX INFORMATION: All federal, state, local, and other taxes on Promotion Prizes and any other costs and expenses associated with Promotion Prize acceptance and use not specified herein as being provided, are the sole responsibility of the applicable winner. A 1099 tax form (preceded by a W9 Form) will be issued to any winner of a Promotion Prize with an ARV over $600.
WINNERS LIST: To receive the list of winners of Promotion Prizes, send a #10 self-addressed stamped envelope: Energize Your Brain Health – Om Mushroom Superfood Sweepstakes Winners List Request, c/o Marketing, 1900 Aston Avenue Suite 100, Carlsbad, CA 92008.
SPONSOR: M2 Ingredients, Inc. d/b/a Om Mushroom Superfood, 5931 Priestly Drive, Suite 101, Carlsbad, CA 92008