Terms and Conditions - Daily Crunch

Terms and Conditions

Official rules:

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.

ELIGIBILITY:

The Daily Crunch Snacks Trip to Nashville (the “Promotion” or “Sweepstakes”) is open only to legal residents of the fifty (50) United States (including the District of Columbia), and Canada (excluding Quebec Province, where it is void), who are at least eighteen (18) years of age at the time of entry (the “Entrants”). Employees, officers and representatives of the Sponsor, the Administrator, and their respective affiliated companies, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee (collectively, the “Promotion Entities”), are not eligible. Subject to all federal, state, municipal, provincial, territorial, and local laws and regulations. Void in Puerto Rico, Quebec, outside the United States and Canada, and wherever else prohibited or restricted.

AGREEMENT TO OFFICIAL RULES:

By participating in the Promotion, 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 is contingent upon fulfilling all requirements set forth herein.

WAYS TO ENTER:

Enter your email on the entry form. Only one entry per person.

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 (a) infection by computer virus, bugs, (b) tampering, unauthorized intervention, (c) fraud, (d) technical failures, or (e) 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 Grand Prize 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 (a) tampering or attempting to tamper with the entry process or the operation of the Sweepstakes or Sponsor’s Website; or (b) 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 submitted at time of entry. "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 Sponsor, the Administrator, their respective parents, employees, officers, directors, subsidiaries, affiliates, distributors, sales representatives, agents, successors, assigns, insurers, advertising and promotional agencies (collectively, 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) lost, late, postage-due, misdirected, or undeliverable mail; (e) errors in the administration of the Sweepstakes or the processing of entries; or (f) 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 on-line 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 participant'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.

DRAWING AND NOTIFICATION:

The potential Prize Winner will be selected in a random drawing from among all eligible entries received by the Administrator whose decisions are final and binding. The Prize drawing will be conducted on or about March 31, 2022. Odds of winning will depend on the total number of eligible entries received throughout the Promotion Period. The Prize Winner will be contacted by telephone, email, and/or USPS mail.

GRAND PRIZE & PRIZE CONDITIONS:

There will be one (1) Grand Prize awarded following the conclusion of the Promotion Period. The Grand Prize Winner, upon confirmation of eligibility, will receive a 3-day/2-night stay at the Fairlane Hotel, flights to Nashville, TN up to $800 value, Daily Crunch snacks valued at $40. The Grand Prize will be issued in the form of email coordination of personal information for hotel reservation and reimbursement of flights up to $800. The Grand Prize Winner must respond to the email on the prize email to arrange trip details. If winner is unable to redeem the package within the time period required, the prize will be forfeited. The choice of resort is subject to availability and blackout dates determined by the Sponsor. Request must be placed no less than sixty (60) days prior to requested departure date. Reservations will not be confirmed until thirty (30) days prior to departure date. Winner and travel companion must obey all local laws in regard to lodging restrictions. Winner and travel companion are solely responsible for obtaining documents necessary for their respective international travel (i.e. passport/visa), if applicable. Restrictions, conditions and limitations may apply. The Approximate Retail Value ("ARV") of this prize trip is: $1,600. The Grand Prize is not redeemable for cash. No substitution, assignment or transfer of the prize is permitted, except by Sponsor, who reserves the right to substitute the prize or prize component with another of comparable or greater value. Winner is responsible for all taxes and fees associated with prize receipt and/or use.

Rights are reserved for Daily Crunch Snacks to advise the confirmed prize winner of the need to substitute the airline, flight time, and travel dates. The Sponsor nor the Fairlane Hotel shall be liable for any claim made whatsoever, including but not limited to loss, compensation, or refund by reason of such substitution or deviation.

COVID-19:

A respiratory virus, called Covid19, has been identified as the cause of an outbreak of respiratory illness that began in December 2019 in the city of Wuhan, Hubei Province, China. Additional cases have been identified in other countries. The Winner can find updated information on the Center for Disease Control’s website. The health and safety of the hotel guests is a number one priority. If you experience any symptoms of any illness while at the hotel, please stay in your room and contact the Medical Center. If you develop symptoms after leaving the hotel, see a doctor right away and advise the Resort. All guests shall further acknowledge and agree that they are fully aware of the contagious nature and effects of COVID-19 and voluntarily assume that risk and responsibility and further agree that they will release, indemnify and hold harmless the Promotion Entities, the Released Parties and Fairlane Hotels, and each of their respective parent corporations, affiliates, subsidiaries insurers, directors, officers, employees, successors, assigns, agents and representatives, against any claims and/or damages whatsoever, including legal fees relating to any infection, transmission, health condition influenced or otherwise impacted or complication by COVID-19.

Compliance With Government Entities:

The Sponsor its affiliates, and parent as well as Fairlane Hotel related entities shall have the right to comply with any and all orders, recommendations, or directions whatsoever given by any government entity or by persons purporting to act with such authority, and such compliance shall not be deemed a breach of the Agreement or any agreement entitling the Influencer to assert any claim for liability, compensation or refund.

Travel Safety Warning:

Due to the fact that travel and tourism are constantly in a state of flux, the Winner shall consult the U.S. State Department’s website at travel.gov and enter the name of the country(ies) that they plan to visit for the latest information concerning traveler safety, security, and health advisories. All guests are responsible for checking the travel and entry protocols for the destination that they are travelling to before they depart and ensuring that they fully understand and comply with any such protocols. For example, for some destinations, may require obtaining a negative PCR Covid-19 test a certain number of days before and on return travel. Please visit the travel.gov website before travel and check the official Fairlane Hotel website. The Sponsor and/or Fairlane Hotel shall not be responsible for any additional costs incurred for any required test or any other pre-travel or post travel requirements.

By accepting the Grand Prize, the Grand Prize Winner agrees to release and hold harmless the Promotion Entities and the Released Parties and each of their related or affiliated companies, and each of their respective officers, directors, employees, shareholders, agents, successors, assigns and insurers from and against any claim or cause of action arising out of participation in the Promotion or receipt or use of the prize in question. The potential Grand Prize Winner will be notified by home-delivered mail, phone, or email, and 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 (if U.S. resident) or a Declaration of Compliance (if Canadian resident) in order to claim his/her prize. In addition, the Winner’s traveling companion will be required to complete and return a Travel Companion Waiver within the same time deadline (listed above). 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 the 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 (applicable to US Winner only). The Winner is solely responsible for all matters relating to the prize after it is awarded. In addition, it is the responsibility of the Grand Prize Winner and his/her traveling companions to obtain or maintain a valid U.S. passport at the time of travel should the Winner in question be traveling to another country. If a prize or prize notification is returned as unclaimed or undeliverable to the potential winner, if potential Winner cannot be reached via phone within three (3) business days from the first notification attempt, or if potential Winner fails to return requisite document(s) within the specified time period, or if 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.

, then the potential winner will be disqualified and an alternate winner will be selected in their place.

By accepting the Grand Prize, where permitted by law, the Grand Prize Winner grants to the Released Parties and those acting pursuant to the authority of Sponsor and the Released Parties (which grant will be confirmed in writing upon Sponsor’s request), the right to print, publish, broadcast and use worldwide IN ALL MEDIA without limitation at any time the Grand Prize Winner’s full name, portrait, picture, voice, likeness and/or biographical information for advertising, trade and promotional purposes without further payment or additional consideration, and without review, approval or notification. IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF PARTICIPATION IN THIS CONTEST OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZES. By participating, Entrants release and agree to hold harmless the Released Parties from any and all liability for any injuries, death or losses or damages to persons or property AS WELL AS CLAIMS/ACTIONS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY that may arise from participating in this Contest or its related activities or the acceptance, possession, use or misuse of, or any harm resulting from the acceptance, possession, use or misuse of the Prize. The Grand Prize Winner also acknowledges that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the Prize.

USE OF DATA:

Information collected from Entrants is subject to the Privacy Policy of the Sponsor that can be linked from https://www.dailycrunchsnacks.com/. By entering into the Sweepstakes, Entrants shall be deemed to have agreed to have their entry information made available to the Sponsor and the Administrator of the Sweepstakes. If you would like your name removed from Sponsor's mailing list, please email hey@dailycrunchsnacks.com to request for your name to be removed.

DISPUTES:

By entering the Sweepstakes, Entrants agree that 1.) Any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action; 2.) Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes but in no event attorneys' fees; and 3.) Under no circumstances will any Entrant be permitted to obtain any award for, and Entrant hereby waives all rights to claim punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, shall be governed by, and construed in accordance with the laws of the United States of America without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than the United States of America. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. The value of the prizes set forth above represents Sponsor’s good faith determinations of the ARV thereof and such determinations are final and binding and cannot be appealed.

WINNERS LIST REQUEST:

To request confirmation of the name, city, and state of residence of the Grand Prize Winner, please send a self-addressed, stamped business size envelope, by April 10, 2022, to: ASC/UTC “Daily Crunch Snacks Giveaway” 3706 Whitland Avenue, Nashville, TN 37205.

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