NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.
Our Makeena Healthy App Contest (the “Contest”) is open to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old at the time of entry. Employees, contractors, and vendors of Makeena and other companies associated with the promotion of the Contest, and their respective parents, subsidiaries, affiliates, and advertising and promotion agencies, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. The Contest is subject to federal, state, and local laws and regulations.
The Contest is sponsored by Makeena, LLC, located at 1023 Walnut Street, Suite 100, Boulder, Colorado 80302 (“Makeena”).
- Agreement to Official Rules
Participation in the Contest constitutes Entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. Winning the $100 Whole Foods Gift Card for using Makeena and writing us a review is contingent upon being compliant with these Official Rules and fulfilling all other requirements set forth herein.
- Contest Period
The Contest begins on December 14, 2019, and ends at 5pm MT on January 1, 2020 (the “Contest Period”). Entries that are submitted before or after the Contest Period will be disqualified. Submissions for entry into the Contest will be accepted for the duration of the Contest when Entrant has completed Items 1, 2, and 3 by the end of the Contest Period:
- Downloads and signs up for the Makeena App,
- Uses the referral code “jsxtnt” when signing up,
- Submits a review for Makeena on the App Store or Google Play.
- Download and sign up for the Makeena App using the code provided by Sponsor,
- Fill out a complete profile (if there is fraud involved, Entrant shall be disqualified),
- Submit a review for Makeena on the App Store or Google Play.
Limit one (1) entry per person for the duration of the Contest Period. Entries received from any person in excess of the stated limitation will be void. All entries become the property of Sponsor and will not be acknowledged.
- Prize Drawing
On or about January 15, 2020, Sponsor will select the potential winner in a random drawing from among all eligible entries received. The odds of being selected depend on the number of entries received. Sponsor will attempt to notify the potential winner via email or through the Makeena App on or about January 15, 2020 If the potential winner cannot be contacted within five (5) days after the date of the first attempt to contact him/her, Sponsor may select alternate potential winners in his/her place at random from the remaining non-winning, eligible entries.
- Winner Notification and Liability and Publicity Release
Potential winners will be notified by email and through the Makeena App. Each potential winner will be required to complete, electronically sign, and submit a Declaration of Compliance within five (5) days of the date notice or attempted notice is sent, in order to claim his/her Whole Foods Gift Card valued at $100. If a potential winner cannot be contacted, or fails to submit the Declaration of Compliance within the required time period (if applicable), or prize is returned as undeliverable, the potential winner forfeits the Whole Foods Gift Card valued at $100. If the potential winner is at least 18 but still considered a minor in his/her jurisdiction of residence, Sponsor reserves the right to award the prize in the name of his/her parent or legal guardian, who will be required to sign the Declaration of Compliance on the potential winner’s behalf and fulfill any other requirements imposed on winner set forth herein. Potential winner must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. In the event that a potential winner is disqualified for any reason, the Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. Only three (3) alternate drawings will be held, after which the Whole Foods Gift Card valued at $100 will remain un-awarded. The Whole Foods Gift Card valued at $100 will be fulfilled approximately 8-10 weeks after the conclusion of the Contest. The potential winner must be active on the Makeena App to be eligible for the Whole Foods Gift Card valued at $100.
Winners will be required to sign and return a Liability Release, and, where legally permissible, a Publicity Release within seven (7) days following the date of notification of winning the prize. Failure to comply with this deadline may result in forfeiture of the prize and selection of an alternate winner. Acceptance of the prize constitutes permission for Sponsor and its agencies to use winner’s name and/or likeness, biographical material, and/or entry (including an altered form of the entry) for advertising and promotional purposes in any media without geographic or time limitation, and without additional compensation, unless prohibited by law.
There will be one (1) Whole Foods Gift Card valued at $100 provided by Makeena.
- General Conditions
In the event that the operation, security, or administration of the Contest is impaired in any way for any reason, including, but not limited to fraud, virus, bug, worm, unauthorized human intervention or other technical problem, or in the event the Contest is unable to run as planned for any other reason, as determined by the Sponsor in its sole discretion, the Sponsor may, in its sole discretion, either (a) suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules, or (b) terminate the Contest and, in the event of termination, award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment. The Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages (including attorney’s fees) and any other remedies from any such person to the fullest extent permitted by law. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision.
- Release and Limitations of Liability
By participating in the Contest, Entrants agree to release and hold harmless the Sponsor, and each of their respective parents, subsidiaries, affiliates, advertising and promotion agencies, other companies associated with the Contest, and each of their respective officers, directors, employees, shareholders, representatives, and agents (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Contest or receipt or use of the prize (including any travel or activity related thereto), including, but not limited to: (a) any technical errors associated with the Contest, including lost, interrupted or unavailable Internet Service Provider (ISP), network, server, wireless service provider, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone, cellular tower or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; (b) unauthorized human intervention in the Contest; (c) mechanical, network, electronic, computer, human, printing or typographical errors; (d) application downloads, (e) any other errors or problems in connection with the Contest, including, without limitation, errors that may occur in the administration of the Contest, the announcement of the winner, the cancellation or postponement of the event and/or the flyover, if applicable, the incorrect downloading of the application, the processing of entries application downloads or in any Contest-related materials; or (f) injury, death, losses or damages of any kind, to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrants participation in the Contest or acceptance, receipt or misuse of the prize (including any travel or activity related thereto). Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Contest, and in no event shall the Entrant be entitled to receive attorney’s fees. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
Except where prohibited, each Entrant agrees that any and all disputes, claims, and causes of action arising out of, or connected with, the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Colorado. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, Entrants rights, and obligations, or the rights and obligations of the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of Colorado, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than Colorado.