Enter Now to Win!
Enter to Win the "Feed Your Family for
Free Sweepstakes".
THE FOLLOWING SWEEPSTAKES IS INTENDED FOR VIEWING IN THE 50 UNITED STATES
AND D.C. ONLY (EXCLUDING, WITHOUT LIMITATION, PUERTO RICO AND OTHER US
TERRITORIES) AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED
STATES LAW AND AMERICAN ENGLISH. YOU MUST BE THE AGE OF MAJORITY IN YOUR
STATE OF RESIDENCE OR OLDER TO ENTER.
Fit & Fresh “Feed Your Family for Free” Sweepstakes (the
“Sweepstakes”)
Official Rules
NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING
A PRIZE.
1. The Sweepstakes Period is from 12:00:00 AM, Eastern Time (ET) July
27, 2009 ("Sweepstakes-Start") to 11:59:59 PM, ET September
1, 2009 ("Sweepstakes-End"). Sponsor’s computer clock
governs time.
2. Eligibility: This Sweepstakes is open only to legal residents residing
in the 50 United States and D.C. who are at least the age of majority
in their state of residence at the time of entry. Void in Puerto Rico
and other US territories. Employees, officers, directors, agents, representatives
and their immediate families (spouse, parents, children, siblings, and
each of their spouses regardless where they live) or members of household
of MEDport, LLC (“Sponsor”), Spark People, Inc. and THE MARKETING
AGENCY, LLC (“Administrator”), their respective parent companies,
subsidiaries, advertising, design, web design, web hosting and publicity
agencies, print/mail production companies and anyone connected with the
production or distribution of this Sweepstakes (the “Sweepstakes
Entities”) are not eligible to enter or be awarded a prize.
3. How to Enter: This Game is played on the Internet only. Go to www.fit-fresh.com/sp200908eb
during the Sweepstakes Period and enter your full name and mailing address,
your daytime phone number as well as an email address for which you are
the authorized user. Maximum one (1) entry per person, address or email
address. All discovered duplicate entries will be discarded. Online entries
must be made by an individual from a stand-alone computer device and may
not be made by proxy or any electronic/automated means such as script,
bot, macro or any other similar software or program. All discovered entries
made in violation of these Official Rules will be deleted. “Authorized
user” is defined as the natural person who is assigned an email
address by an Internet access provider, online service provider or organization
(e.g. business, educational institution, etc.) that is responsible for
assigning email addresses for the domain associated with the email address.
4. Winner Selection: Two (2) Grand and five (5) first prizewinners will
be chosen, up to15 days after Sweepstakes-End, in random drawings, from
entries received during the Sweepstakes-Period. Potential winner will
be notified within five (5) days after the selection is made via email
to the email address submitted during registration. A potential winner
will have three (3) business days to reply, agreeing to accept the prize
and confirming full contact information. Failure to confirm in the time
indicated above will signify to Sponsor that the prize has been declined
and forfeited for all time and another potential winner will be chosen
in random drawings.
5. Quantity, Prize, Approximate Retail Value (ARV) and Odds: (2) Grand
Prize: $500 in free groceries represented as a VISA gift card valued at
$500. ARV: $500. (5) First Prize: $100 (retail value) of Fit & Fresh
products; selection in Sponsor’s sole discretion. ARV: $100. Odds
of winning a prize: Dependent on the total number of eligible entries
received during the Sweepstakes-Period. Entrants acknowledge that Sweepstakes
Entities have neither made, nor are in any manner responsible or liable
for, any warranty, representation or guarantee, expressed or implied,
in fact or in law, relative to a prize or regarding the use, value or
enjoyment of the prize.
6. General: Sweepstakes administration will be conducted by THE MARKETING
AGENCY, LLC, the independent judging organization and Sponsor whose decisions
are final and legally binding. No participant or winner shall have the
right to contest any decision by Sponsor or the independent judging organization
concerning any aspect of the Sweepstakes or the interpretation of the
Official Rules or the determination as to the qualification of entries.
By participating in this Sweepstakes, you agree to be bound by these Official
Rules. Sponsor is not responsible for those who cannot access the Internet
or cannot click-through for any period of time regardless of technical,
hardware, software, telephone, Internet, virus contamination or network
problems, and for delay, failure or malfunction for any reason including,
but not limited to, lost or unavailable network connections, failed, incomplete
or garbled computer or telephone transmissions, typographical or system
errors, human errors, including but not limited to, errors by Sponsor’s
representatives who enter incorrect information into any of Sponsor’s
computer systems or force majeure. Sponsor assumes no liability for damage
caused to entrants or any other person's/entity's computer hardware, software
or communications network, regardless of cause. Proof of entry is not
proof of entry receipt. Sponsor reserves the right to cancel/terminate,
modify or suspend the Sweepstakes if in Sponsor’s sole determination
it believes that the integrity of the Sweepstakes has been, or could be,
compromised or that the Sweepstakes is not capable of running as planned,
including infection by computer virus, bugs, tampering, unauthorized intervention,
fraud, technical failures, or force majeure or any other causes beyond
Sponsor’s control. A winner will be drawn from among all eligible
entries received up to the time of cancellation/termination. Sponsor reserves
the right to disqualify any entry from the Sweepstakes if in Sponsor’s
sole judgment entrant has not complied with these Official Rules. Without
limitation, all of an entrant’s entries will be disqualified, at
the sole discretion of Sponsor, if entrant attempts (i) to enter the Sweepstakes
through any means other than as described in these Official Rules; or
(ii) provides information that is inaccurate or fraudulent; or (iii) attempts
to disrupt the Sweepstakes or circumvent the terms and conditions of these
Official Rules. The Grand Prize is awarded “as is” and only
the prize and the respective value listed in the Official Rules shall
be awarded.
7. By entering this Sweepstakes, a participant explicitly releases and
holds harmless the Sweepstakes Entities one and all, from all liability
(including attorney's and experts’ fees and costs) regarding participation
in the Sweepstakes and receipt and use or misuse of any prize awarded
and, without limitation, from any liability for property damage, injury
or death while using or misusing any prize. By accepting a prize, winner
waives the right to 1) assert as a cost of winning the prize any and all
costs of verification and redemption or travel to redeem said prize, and
2) claim any liability (including attorney's fees and costs) which might
arise from redeeming or seeking to redeem said prize (including any travel
related thereto). The right to receive a prize is non-assignable and non-transferable
and no prize substitution or transfer will be allowed. A prize or prize
notification that is returned as undeliverable will disqualify the potential
winner and an alternative winner shall be selected in random drawings.
8. All federal, state and local laws and regulations apply. If any provision
of the Sweepstakes shall be deemed to violate any federal, state or local
law, regulation or ordinance, it shall be amended to conform to such law
and all other provisions shall remain in full force and effect. If Sponsor
is required by applicable federal, state or local law, regulation or ordinance,
or by action of an administrative agency to cease offering the Sweepstakes
in any jurisdiction, Sponsor reserves the right to (i) terminate the Sweepstakes
in such jurisdiction in its entirety, and/or (ii) cancel and remove from
participation in the Sweepstakes any and/or all entries from entrants
residing in such jurisdiction, without penalty and without obligation
to any Sweepstakes entrants. Sponsor’s failure to enforce any term
of these Official Rules shall not constitute a waiver of that provision.
All taxes are winner’s responsibility.
9. Acceptance of the prize constitutes permission to use the winner's
name, city and state, voice and likeness and any and all identifying characteristics
for promotional, advertising and publicity purposes (including posting
to the fit-fresh.com website) in perpetuity; this permission includes,
but is not limited to, the taking of photographs and/or videos for publicity
purposes, without further consent or compensation, unless prohibited by
law and winner agrees to execute any and all documents requested by Sponsor
to convey such rights to own all the results thereof. Nothing contained
herein shall be deemed to obligate Sponsor to make use of any of the rights
granted herein and winner waives any right to inspect or approve any such
use of any and every nature and kind.
10. Sweepstakes Entities shall not be responsible for technical, pictorial,
typographical or editorial errors or omissions in any marketing materials
or these Official Rules.
11. Sponsor and Administrator collect personal information from you when
you enter the Sweepstakes. The information collected is subject to the
Sponsors Privacy Policy found by clicking on “privacy policy”
at www.fit-fresh.com and The Marketing Agency’s Privacy Policy found
at themarketingagency.com/html/aboutUs.html.
12. Entrant agrees that any and all disputes, claims, and causes of action
arising out of or connected with this Sweepstakes or the prize awarded
and all issues and questions concerning the validity, interpretation and
enforceability of these Official Rules shall be resolved individually,
without resort to any form of class action, and exclusively in a court
of competent jurisdiction sitting in Providence County, Rhode Island.
Any and all claims, judgments and awards shall be limited to actual out-of-pocket
costs incurred, including costs associated with entering this Sweepstakes
and never shall include consequential, incidental or punitive damages,
and in no event attorneys' fees. Some jurisdictions do not allow the limitation
or exclusion of liability for incidental or consequential damages, so
the above may not apply to you.
13. For a Winners List — available on or about September 15, 2009
send a hand-printed, self addressed, stamped #10, business envelope to
Winner — Fit & Fresh “Feed Your family for Free”
Sweepstakes —Spark People, MEDport, LLC, 23 Acorn Street, ATTN:
Sweepstakes Dept., Providence, RI 02903 . Requests must be received by
September 15, 2009. No mechanically reproduced or photocopied requests
allowed; only one (1) request per outer mailing envelope. You cannot enter
the Sweepstakes using this address. Entries mailed to this address will
be discarded.
14. This Sweepstakes is sponsored by MEDport, LLC, 23 Acorn Street, Providence,
RI 02903. This Sweepstakes is administered by The Marketing Agency, LLC,
2881 East Oakland Park Blvd., Suite 425, Fort Lauderdale, FL 33306.
All trademarks are the property of their respective owners.
© 2009, The Marketing Agency, LLC.