OFFICIAL RULES
FRUIT SIMPLE FIT FAMILY SWEEPSTAKES
NO PURCHASE NECESSARY. A PURCHASE DOES NOT INCREASE CHANCES OF WINNING.
HERE'S HOW TO ENTER
There is one way to enter the Fruit Simple Fit Family Sweepstakes (“Sweepstakes"), beginning 12:00:01 AM ET January 1, 2010 and ending 11:59:59 PM ET March 31, 2010 ("Entry Period"). Visit www.fruitsimple.com and click on the Sweepstakes link and complete an online entry form, including all requested information. Fully completed entries must be received by the entry deadlines set forth in Paragraph 7 below to be eligible for the corresponding prize(s). Limit one entry per person/household and per email address (even if email address is shared by more than one person), per day. Entries generated by script, macro or other automated means are void. Entries become the property of Sponsor upon receipt and will not be returned.
ELIGIBILITY
The Sweepstakes is only open to legal residents of the 50 United States and the District of Columbia who are 18 years of age or older as of January 1, 2010. Employees of the Sunny Delight Beverages Company (“Sponsor"), Promo Depot MatchPoint, LLC, and their respective parent companies, subsidiaries, affiliates and the directors, officers, employees or agencies, including any of their respective partners or prize suppliers (collectively, the “Sponsor Affiliates") and any of the members of their immediate family (defined as spouse, mother, father, in-laws, grandmother, grandfather, brother, sister, children and grandchildren) or same household of each are not eligible to participate. This Sweepstakes is void in Puerto Rico and where prohibited or restricted by law, and is subject to all applicable federal, state and local laws.
GRAND PRIZE AND APPROXIMATE RETAIL VALUE ("ARV")
One (1) Grand Prize – A one (1) year family membership up to a maximum cost of $1,200 to a family fitness center/gym of winner's choice (with Sponsor's approval). The ARV of the Grand Prize is up to $1,200. Sponsor reserves the right to substitute prize with a prize of equal or greater value if the prize cannot be awarded as described for any reason.
FIRST PRIZES AND ARV
Four (4) First Prizes – A Nintendo Wii, Wii Fit Plus and a 2 player bundle. ARV of each First Prize is $500. The ARV of any electronics prize listed is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules, and the date the prize is awarded or redeemed. If the actual purchase price of an electronics prize is less than the ARV stated herein, the prize winner will NOT be entitled to a check, cash or other form of payment for the price difference. Sponsor reserves the right to substitute prize with a prize of equal or greater value if the prize cannot be awarded as described for any reason. The total ARV of all First Prizes to be awarded is $2,000.
MONTHLY PRIZES AND RETAIL VALUE (“RV")
Sixty (60) Monthly Prizes (awarded in 3 separate drawings, 20 per drawing) – A $25 gift card to Dick's Sporting Goods. Gift cards subject to restrictions and expiration date set by the issuer, Dick's Sporting Goods. Sponsor reserves the right to substitute prize with a prize of equal or greater value if the prize cannot be awarded as described for any reason. The total RV of all Monthly Prizes is $1,500.
Nintendo, Wii, and Wii Fit Plus are trademarks of Nintendo. Neither Nintendo nor Dick's Sporting Goods, Inc. are sponsors or otherwise affiliated with this Sweepstakes.
TOTAL ARV OF ALL PRIZES
$4,700.
RANDOM DRAWINGS
The Monthly Prize winners will be selected in a total of 3 random drawings from among all eligible entries received by each entry deadline date, as indicated below. The Grand Prize and First Prize winners will be selected in a separate random drawing from among all eligible entries received during the Entry Period, on or about the date listed in the chart below. The drawings will be conducted by Promo Depot MatchPoint, LLC, whose decisions are final and binding on all matters related to any Sweepstakes drawing. Drawings will be held on or about the following dates for the following prizes:
| Drawing # | # of Prizes Awarded |
Online Entry Deadline Date |
Drawing Date (on or about) |
| 1 | 20 Monthly Prizes | January 25, 2010 11:59:59 PM ET |
February 1, 2010 |
| 2 | 20 Monthly Prizes | February 22, 2010 11:59:59 PM ET |
March 1, 2010 |
| 3 | 20 Monthly Prizes | March 31, 2010 11:59:59 PM ET |
April 30, 2010 |
| 4 | Grand Prize and First Prizes |
March 31, 2010 11:59:59 PM ET |
April 30, 2010 |
Entry time will be determined by Sponsor's computer stamped time marking receipt of entry. Non-winning entries for a drawing will be retained and carried forward for subsequent drawings, if any. Monthly Prize winners will be eligible for the Grand and First Prize drawing also. Odds of winning will depend upon the number of eligible entries received by each entry deadline date as indicated above. Decisions of the Sponsor are final on all matters.
WINNER NOTIFICATION/VERIFICATION
The potential Grand Prize winner will be notified by phone and/or e-mail (at Sponsor's discretion) and will be required to complete, sign and return, a notarized Affidavit of Eligibility/Release of Liability and, where legal, Publicity Release. The potential Grand Prize winner is required to return his/her documents within 7 days from the postmark date on the prize notification letter or prize may be forfeited and an alternate winner selected. The potential First Prize and Monthly Prize winners will be notified by phone and/or e-mail (at Sponsor's discretion). If any prize notification message is not timely responded to, or any prize notification is returned as undeliverable, such prize will be forfeited and an alternate winner will be selected. Winners are responsible for any and all federal, state and local taxes, if applicable. Limit one Monthly Prize per person/family/household. Monthly Prize winners are eligible to also win a Grand Prize or First Prize. Limit one First Prize per person/family/household.
GENERAL RULES
GENERAL RULES: Sponsor and Sponsor Affiliates are not responsible for: (a) any typographical or other error in the printing, the offering or the announcement of any prize or in the administration of the promotion, whether caused by computer, technical or human error; (b) incomplete, lost, late, damage, illegible or misdirected e-mail or for any technical problems, malfunctions of any telephone lines, computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof; (c) any liability for damage to any computer system resulting from participation in or accessing or downloading information in connection with this promotion. Sponsor assumes no responsibility for the undeliverable entries resulting from any form of active or passive filtering by a user's Internet service provider or for other technical limitations. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS PROMOTION OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
Entries will be declared to be made by the authorized account holder of the e-mail address submitted at the time of entry. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an internet access provider, online service provider, or other organization (e.g., business, educational institution etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. The Sponsor reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Sweepstakes or violates the Official Rules. If for any reason the Sweepstakes is not capable of running as planned, including (without limitation) due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure, human error or any other causes beyond the control of Sponsor that corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Sweepstakes, Sponsor reserves the right in its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes and award the prizes from among all eligible entries received prior to cancellation or termination.
Entrants agree to be bound by these Official Rules and the decisions of the Sponsor. All aspects of the prizes are nontransferable and no substitutions are allowed except at the Sponsor's sole discretion. No cash equivalent or exchange of prize is permitted (except at the Sponsor's sole discretion). The winners agree to indemnify and hold harmless and waive any and all claims of liability of any kind whatsoever against the Sponsor and/or the Sponsor Affiliates, including any accident, loss, injury or death occurring or in any way related to the prizes or use/misuse thereof or while traveling to and/or from a location to obtain or use a prize. Neither the Sponsor nor the Sponsor Affiliates make any warranty, representation or guarantee, express or implied, in fact or in law, relative to the use of the prizes including, without limitation, quality, merchantability and fitness for a particular purpose.
PUBLICITY/MARKETING
Except where prohibited, your entry in this Sweepstakes constitutes your consent to Sponsor to use your name, likeness, photograph, voice, opinions, hometown and state or province, and entry (with or without attribution) for promotional purposes in any media, worldwide and without further payment or consideration. In addition, Sponsor shall have the right to use your contact information supplied in connection with this Sweepstakes (postal address, telephone number, email address, etc.) for marketing and promotional purposes. You may opt-out of receiving such communications as set forth in their Privacy Policy or as provided within any such marketing materials (e.g., using the “Unsubscribe" feature provided in the footer of their emails).
GOVERNING LAW & VENUE
The Ohio Courts (State & Federal) shall have sole jurisdiction of any controversies regarding the Sweepstakes and the laws of the state of Ohio shall govern the same. Each entrant waives any and all objections to jurisdiction and hereby irrevocably submits to the venue of those courts within the county of Hamilton, Ohio.
WINNERS LIST/RULES
To see a Winners List (available after June 30, 2010) and Official Rules, please visit:
www.fruitsimple.com and click on the Sweepstakes link.
SPONSOR
Sunny Delight Beverages Company, 4747 Lake Forest Dr., Cincinnati, Ohio, 45242.
ADMINISTRATOR
Promo Depot MatchPoint, LLC, 3 Crowne Point Court Suite 150, Cincinnati, OH 45241.
NO PURCHASE NECESSARY. PURCHASE WILL NOT INCREASE ODDS OF WINNING.
Open to legal residents of 50 United States and D.C., age 18+. Starts 1/1/10, ends 3/31/10. Void in Puerto Rico & where prohibited. Prizes (Total ARV: $4,700): 1 Grand Prize (ARV: up to $1,200) - family fitness membership; 4 First Prizes (ARV: $500 each) - Nintendo Wii Fit Plus bundle; and 60 Monthly Prizes (ARV: $25 each) - Dick's Sporting Goods gift card. Limit one entry per person/household/email address per day. Go to
www.fruitsimple.com to enter and for Official Rules. Sponsor: Sunny Delight Beverages Company, 4747 Lake Forest Dr, Cincinnati, OH 45242. Nintendo, Wii, and Wii Fit Plus are trademarks of Nintendo. Neither Nintendo nor Dick's Sporting Goods, Inc. are sponsors or otherwise affiliated with this promotion. (c) 2010 Sunny Delight Beverages Co.