Rules

The “Say No To Resolutions” Sweepstakes

OFFICIAL RULES

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 OR RESTRICTED BY LAW. 

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SPONSOR/ADMINISTRATOR: The Sweepstakes is sponsored by Fresh Tri, Inc. 

P.O. Box 1217, Felton, CA 95018 (the “Sponsor”) and administered by American Sweepstakes & Promotion Co., Inc., 300 State St. Suite 402 Rochester, NY 14614 (the “Administrator”). 

ELIGIBILITY: The Sweepstakes is only open to legal residents of the U.S. (including D.C.) who are at least eighteen (18) years of age or the age at the time of entry (the “Entrants”). Employees, officers and representatives of the Sponsor, the Administrator, and its affiliate, their respective parent companies, employees, officers, directors, subsidiaries, affiliates, distributors, sales representatives and advertising and promotional agencies, and each of their respective officers, shareholders, directors, agents, members, successors, assigns, and employees, and members of their immediate families (defined as including spouse, biological, adoptive and step-parents, grandparents, siblings, children and grandchildren, and each of their respective spouses, regardless of where they reside) or households (whether related or not) of any of the above (collectively, the “Released Parties”) are NOT eligible to participate in this Sweepstakes. Non-eligibility or non-compliance with any of these Official Rules will result in disqualification. Void in Puerto Rico, U.S. territories, and where prohibited or restricted by law. 

AGREEMENT TO OFFICIAL RULES: By participating, Entrants agree to abide by and be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all matters relating to the Sweepstakes. Winning a Prize (as defined below) is contingent upon fulfilling all requirements set forth herein. 

HOW TO ENTER: The Sweepstakes begins at 12:00:01 a.m. Pacific Time (“PT”) on January 1, 2024 and ends at 11:59:59 p.m. PT on February 29, 2024 (“Sweepstakes Period”). The Sponsor’s database computer is the official time-keeping device for the Sweepstakes. Eligible Entrants can enter the Sweepstakes by visiting the Sponsor’s promotional website, https://app.viralsweep.com/sweeps/full/a6bc4a-148700?framed=1 (the “Website”) and completing and submitting the sweepstakes entry form. Each completed online entry form received during the Sweepstakes Period will account for one (1) valid Sweepstakes entry. To be valid, each entry must provide all requested information. Proof of entry information at the Website is not considered proof of delivery to or receipt by Sponsor of an entry. Entries made by any other individual or any entity, and/or originating at any other website or email address, including, but not limited to, commercial Sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes. The use of automated entry devices is prohibited and no mechanically reproduced entries are allowed; all such entries are void.

Entrants may earn additional entries by completing the following actions*: 

• Downloading the Sponsor’s app = 10 entries    

• Following the Sponsor on Instagram = 5 entries

• Following on the Sponsor on Facebook = 5 entries

• Subscribing to the Sponsor’s YouTube page = 5 entries

• Following on the Sponsor on Twitter = 5 entries

• Referring a friend - 5 entries per friend that enters the Sweepstakes (up to 4 friends) 

*These actions must be performed thru the trackable links at the Website.

A maximum of fifty-one (51) possible entries will be accepted. Once posted, an Entry cannot be deleted, canceled, or modified. All Entries must be received during the Sweepstakes Period. Neither the Sponsor or the Administrator, is responsible for late, incomplete, misdirected, or delayed entries. By participating, each Entrant consents to the Sponsor’s and its agents’ use of their personal information for the administration of this Sweepstakes. All Entry information and materials become the property of Sponsor and will not be acknowledged or returned. By participating in this Sweepstakes, entrants agree to be bound by these Official Rules and the decisions of the Sponsor which are final and binding in all matters relating to the Sweepstakes. 

GENERAL CONDITIONS: If for any reason the operation or administration of this Sweepstakes is impaired or incapable of running as planned for any reason, including but not limited to (i) infection by computer virus, bugs, (ii) tampering, unauthorized intervention, (iii) fraud, (iv) technical failures, or (v) any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Sweepstakes in whole or in part, at any time, without notice and award the Prize (defined below) using all non-suspect eligible entries received as of, or after (if applicable) this cancellation, termination, modification or suspension date, or in any manner that is fair and equitable and best conforms to the spirit of these Official Rules. Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be tampering or attempting to tamper with the entry process or the operation of the Sweepstakes or Sponsor’s Website; or acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT 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. In the event of a dispute as to the identity of a Winner based on an email address, the winning entry will be declared by the authorized account holder of the email address associated with the registration in question. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.

RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Sweepstakes, Entrants agree to release and hold harmless the Released Parties from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any Prize, including, but not limited to: (i) any technical errors that may prevent an Entrant from submitting an entry; (ii) unauthorized human intervention in the Sweepstakes; (iii) printing errors; (iv) errors in the administration of the Sweepstakes or the processing of entries; or (v) injury, death, or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Sweepstakes or receipt of any Prize.  Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Released Parties are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any Website, or any combination thereof, including any injury or damage to Entrant's or any other person's computer relating to or resulting from participation in this Sweepstakes or downloading any materials in this Sweepstakes. 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 Sweepstakes, and in no event shall the Released Parties be liable for attorney fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. 

DRAWING AND NOTIFICATION: The potential Grand Prize Winner will be selected in a random drawing from all eligible entries received throughout the Sweepstakes period.The Grand Prize drawing will be conducted by the Administrator on or about March 4, 2024. The Grand Prize Winner will be notified via email.  Odds of winning the Grand Prize will depend on the total number of eligible entries throughout the Sweepstakes Period. The potential Grand Prize Winner will be contacted by the Administrator or Sponsor via phone and/or email.

PRIZE: The Grand Prize Winner (“Grand Prize Winner” or “Winner”), upon the Administrator’s verification of eligibility, will have the option to receive one of the following prize packages:  

OPTION 1: Glamping Trip in Big Sur, CA through Alila Venta Big Sur for winner and guest that includes a two-night hotel stay (one room, double-occupancy) and $500 cash that can be used towards air travel. Travel dates are during 2024 will be determined by Sponsor and are based on availability, season, and pricing.

OPTION 2: Spa Weekend Getaway  which consists of a $2,000 SpaFinder Gift Card

OPTION 3: Airbnb $2,000 gift card

The Approximate Retail Value (“ARV”) of the Grand Prize package is $2,000. All other expenses not specifically mentioned herein, including but not limited to ground transportation not specifically delineated, food, beverages, additional hotel amenities or fees and gratuities, are the responsibility of the Winner and/or companion. The Released Parties are not responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by the air transportation carriers, hotels or other transportation companies or any other persons providing any of these services and accommodations necessitated by same. The Released Parties shall not be liable for any loss or damage to baggage and/or personal property. Travel, hotel and other accommodations are subject to availability. 

PRIZE CONDITIONS: By entering the Sweepstakes, each participant warrants that he or she has read and agrees to abide by these Official Rules and that he or she is not prohibited from participating in the Sweepstakes. By accepting a Prize, the Winner agrees to release and hold harmless the Released Parties from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of the Prize. The potential Grand Winner must sign and return to the Administrator, within seven (7) days of the date of notice or attempted notice is sent, an Affidavit of Eligibility, Liability & Publicity Release to claim the Prize. Note: The Affidavit sent will require that the Winner provide his or her Social Security Number to the Administrator, which will be used solely for tax reporting purposes. The Grand Prize winner will be responsible for all local, state, and federal taxes associated with the receipt of the Prize. The Grand Prize Winner must note that the value of their accepted Prize is taxable as income and an IRS Form 1099 will be filed in the name of the Winner for the value of the Prize and the Winner is solely responsible for all matters relating to the Prize after it is awarded. If a Prize or prize notification is returned as unclaimed or undeliverable to a potential Winner, if a potential Winner cannot be reached within three (3) business days from the first notification attempt, if a potential Winner fails to return requisite document(s) within the specified time period, or if a potential Winner is not in compliance with these Official Rules, then such person shall be disqualified and, at Sponsor’s sole discretion, an alternate Winner may be selected.

RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Sweepstakes, Entrants agree to release and hold harmless the Released Parties from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any prize, including, but not limited to: (a) any technical errors that may prevent an Entrant from submitting an entry; (b) unauthorized human intervention in the Sweepstakes; (c) printing errors; (d) errors in the administration of the Sweepstakes or the processing of Entries; or (e) injury, death, or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Sweepstakes or receipt of any prize. Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Entries. Released Parties are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer online systems, servers, or providers, computer equipment, software, failure of any email or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any Website, or any combination thereof, including any injury or damage to Entrant's or any other person's computer relating to or resulting from participation in this Sweepstakes or downloading any materials in this Sweepstakes. 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 Sweepstakes, and in no event shall the Released Parties be liable for attorney’s fees.  Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. By entering the Sweepstakes, participants consent to the use of their name, likeness, image, voice and biographical data for advertising and promotional purposes without additional compensation, except where prohibited by law, and to execute specific consent to such use if and where required by Sponsor. Sponsor reserves the right to suspend or cancel the Sweepstakes or modify these Official Rules as necessary for any reason or as required by applicable law.  Sponsor reserves the right, at its sole discretion, to disqualify from the Sweepstakes, and ban from any future promotions, any person it believes to have intentionally violated these Official Rules or tampered with any element of the Sweepstakes without notice to the disqualified or banned person.  ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS.  SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

USE OF DATA: All information submitted by Entrants will be treated according to Sponsor’s privacy policy, available at https://freshtri.com/privacy-policy/. By participating in the Sweepstakes and providing your email address or any other applicable contact information, Entrants hereby agree to the collection and usage of their personal information and acknowledge that they have read and accepted the Sponsor’s Privacy Policy.

DISPUTES: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of Entrants, Administrator, and Sponsor in connection with the Sweepstakes 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 that would cause the application of any other state’s or jurisdiction’s laws.  By participating in the Sweepstakes, Entrant agrees that: (i) any and all disputes, claims, and causes of action arising out of or in connection with the Sweepstakes, shall be resolved individually without resort to any form of class action; (ii) any judicial proceeding shall take place in a federal or state court within the city of San Jose in the State of California; (iii) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event will attorney fees be awarded or recoverable; (iv) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to seek, punitive, incidental, exemplary, consequential, special damages, lost profits, other damages, and/or any rights to have damages multiplied or otherwise increased; and (v) Entrant’s remedies are limited to a claim for money damages (if any) and he/she waives any right to seek injunctive or equitable relief. 

WINNERS LIST REQUEST:  To request confirmation of the name, city and state of residence of the Prize Winner, please send a self-addressed, stamped business size envelope by March 1, 2024 to: ASC Say No To Resolutions Sweepstakes Winners List Request, 300 State St., Suite 402, Rochester, NY 14614.

SPONSOR: Fresh Tri, Inc., P.O. Box 1217, Felton, CA 95018.