NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER, WIN OR CLAIM A PRIZE.
A PURCHASE OR PAYMENT WILL NOT INCREASE AN ENTRANT’S CHANCES OF WINNING.
OPEN TO ELIGIBLE LEGAL RESIDENTS OF THE 48 CONTIGUOUS UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE AT LEAST 21 YEARS OF AGE AT THE TIME OF ENTRY.
VOID IN ALASKA, HAWAII, AND PUERTO RICO AND WHERE OTHERWISE PROHIBITED OR RESTRICTED BY LAW.
The Obrigado Sweepstakes (“Sweepstakes”) is sponsored by Aurantiaca USA LLC, 300 Spectrum Center Drive, Suite 1450, Irvine, CA 92618-3095 (“Sponsor”), and is administered by ORM/The Service Center, 6450 Clara Rd, Suite 100, Houston, TX 77041 (“Administrator”).
SWEEPSTAKES PERIOD: The Sweepstakes starts on June 11, 2018 at 12:00:01 AM Pacific Daylight Time (“PDT”) and ends on September 30, 2018 at 11:59:59 PM PDT (“Sweepstakes Period”). Sponsor’s computer is the official Sweepstakes clock.
- ELIGIBILITY: The Sweepstakes is open only to legal residents of the forty-eight (48) contiguous United States and District of Columbia who are at least twenty-one (21) years of age at the time of entry (each, an “Entrant”). Employees of Sponsor, Obrigado, Administrator, and their respective parent, subsidiary and affiliated individuals and/or companies, and advertising, promotion and production agencies (collectively, “Sweepstakes Entities”), and the members of each of their immediate families (i.e., spouse, parent, child, sibling and the “steps” of each) and persons living in the same household of each are not eligible to enter or win. All applicable federal, state and local laws and regulations apply. Void in Alaska, Hawaii, Puerto Rico, and where prohibited or restricted by law. Participation consists of Entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a Prize is contingent upon fulfilling all the requirements set forth herein. Each Entrant may be required to furnish proof of identification and other proof of eligibility under these Official Rules.
HOW TO ENTER: During the Sweepstakes Period, an Entrant may enter the Sweepstakes by going online to https://www.obrigado.com/sweepstakes and following the instructions for one entry into the sweepstakes. These online instructions for entry include posting a photograph to Instagram®. Due to the way Instagram operates its service, Sponsor may not receive Instagram Entries from Instagram users with "protected" updates/private posts (i.e., an Entrant has set his/her account so that only people the Entrant has approved can view his/her updates).
Each entry must also comply with these Official Rules, including the Entry Requirements and Restrictions set forth in Section 4 below. By submitting an entry and using the hashtag “#ObrigadoSweepstakes,” an Entrant hereby agrees to be bound by these Official Rules and the decisions of Sponsor regarding the administration of the Sweepstakes, and grants permission for the entry, including the Entrant’s Instagram account name, to be posted on www.obrigado.com, any other Sponsor-related website, or other website for public view. All entries are subject to confirmation and/or verification and compliance with these Official Rules as determined by Sponsor and/or Administrator.
IMPORTANT: MESSAGE AND DATA RATES MAY APPLY IF AN ENTRANT ENTERS THIS SWEEPSTAKES ON HIS/HER MOBILE DEVICE. NOT ALL MOBILE TELEPHONE/WIRELESS PROVIDERS CARRY THE SERVICE NECESSARY TO PARTICIPATE IN THESE SWEEPSTAKES. ENTRANTS SHOULD CONSULT THEIR WIRELESS PROVIDER'S PRICING PLANS. MOBILE ENTRY IS NOT REQUIRED TO ENTER OR WIN A PRIZE IN THIS SWEEPSTAKES.
LIMIT: One (1) entry per day per Entrant during the Sweepstakes Period. If an Entrant enters more than once per day, only the first submission will be included in the Sweepstakes. A “day” is defined as the period starting at 12:00 AM CT on a calendar day and ending at 11:59:59 PM CT. A unique photograph may only be submitted once. If the same photograph is entered more than once, all subsequent entries submitted in the Sweepstakes using that same photograph will be void, and the Entrant may, at Sponsor’s sole discretion, be disqualified. Entries must be posted by an individual/personal Instagram account. Entries posted by Instagram accounts of brands, companies or organizations (as determined at Sponsor’s sole discretion) will not be valid as an entry into this Sweepstakes.
ENTRY REQUIREMENTS AND RESTRICTIONS:
- Must include a photograph that shows what you are grateful for;
- Must include the hashtag #ObrigadoSweepstakes;
- Must not contain material that violates or infringes another's rights (whether living or deceased), including but not limited to, privacy, publicity, copyright or other intellectual property rights;
- Must have approval from any persons appearing in the entry and the Entrant must be able to provide express written consent of every such person appearing in the entry to Sponsor and/or Administrator if requested;
- Must not disparage Sponsor, Administrator or any other person or party affiliated with the promotion and administration of this Sweepstakes;
- Must not include any personally identifiable information of any person, such as full name, address or phone number;
- Must be the original work of the Entrant (Instagram filters are permitted);
- Must not in any way contain any logos, brand names or trademarks, other than those of Obrigado;
- Must not have been submitted previously in a promotion or contest of any kind;
- Must not contain, facilitate, reference, or use material that is fraudulent, inappropriate, indecent, lewd, pornographic, obscene, hateful, tortious, defamatory, slanderous or libelous;
- Must not contain, facilitate, reference or use material that contains prohibited content which shall include, but is not limited to, content that promotes, suggests or encourages gambling, including without limitation any content related to online casinos, sports books, bingo or poker; the use of firearms/weapons/ammunition, any illegal drugs, prostitution, pornography, nudity, profanity or other adult content, violence, or the use of alcohol or tobacco products; the taking up of arms against any person, government or entity or otherwise challenging or seeking to overthrow any government;
- Must not contain any viruses, spyware, malware or other malicious components that are designed to harm the functionality of a computer in any way;
- Must not contain, facilitate, reference or use material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, ethnicity, religion, nationality, disability, sexual orientation, political orientation, citizenship, ancestry, marital status or age; and
Must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where entry is created.
NOTE: If any entry fails to comply with any of these Entry Requirements and Restrictions or any other provisions of these Official Rules, Sponsor and Administrator reserve the right to disqualify the Entrant and the entry will not be eligible to win.
- RANDOM DRAWING: Each Monday during the Sweepstakes Period, one (1) Weekly Prize (as defined below) winner will be chosen at random, for a total of sixteen (16) Weekly Prize winners. If one of these days falls on a holiday, the winner will be chosen the following business day. Entrants can only win one Weekly Prize. Weekly Prize winners can also win the Grand Prize (as defined below). After the end of the Sweepstakes Period, on or about October 5, 2018, one Grand Prize winner will be chosen in a random drawing from all eligible entries received during the Sweepstakes Period for the Grand Prize drawing. The Grand Prize winner will be notified via the email address that they submitted at time of entry. The winner is considered a potential winner, subject to verification and compliance with these Official Rules.
PRIZES, APPROXIMATE RETAIL VALUE (“ARV”), AND ODDS OF WINNING:
A. Grand Prize (1)*:One (1) Grand Prize winner will receive a trip to visit Obrigado’s sustainable farm in Bahia Brazil (“Grand Prize”) from the Sponsor. The Grand Prize package consists of round trip, coach air transportation for two from a major commercial airport nearest the winner’s home (chosen at Sponsor’s sole discretion, and it will be the winner’s responsibility, including any related expenses incurred, to get to the determined nearest major commercial airport and back upon return) to a major commercial airport nearest Bahia, Brazil, four nights lodging (standard accommodations, double occupancy), and $500 in spending money to be used towards ground transportation and other incidentals. All other expenses not specifically mentioned herein are solely the winner’s responsibility. Winner will be required to provide a credit card to hotel to cover incidentals which are not included in the Prize. If the winner is unable or unwilling to travel within one year of being awarded the prize, the Prize will be forfeited and may be awarded to an alternate winner. All travel included in the Prize is subject to availability and restrictions. Winner and travel guest must travel on same itinerary. If the travel companion is a minor he/she must be accompanied at all times during trip (including, but not limited to, in-flight, hotel stay and all Prize-related events) by parent or legal guardian. The winner and travel guest must sign and return a travel release before any ticketing of travel occurs. Potential winner and guest are responsible for obtaining at their sole cost and expense, any necessary documents required for travel including but not limited to a valid passport, tourist visa and are responsible for obtaining and maintain applicable travel insurance at their own cost and expense. Additionaly winner and guest may be required to obtain travel vaccines prior to departure at their own cost and expense. The winner understands that there are inherent risks involved in travel and that these risks may be present before, during and after the trip. The Sweepstakes Entities are not responsible for changes in schedule of any element of the Prize, including any expenses incurred as a consequence of flight cancellation or delay. The Sweepstakes Entities are not responsible and will have no liability if the winner and/or his/her guest is for any reason not permitted to travel by the relevant airport authorities or misses a flight or other travel element. The Total ARV of the Grand Prize is $4,100.00. *Travel to be completed within one (1) calendar year from Grand Prize awarding and travel cannot be taken December 30, 2018 - January 3, 2019 and March 1, 2019 - March 10, 2019.
B. Weekly Prizes (16): There will be sixteen (16) Weekly Prize winners. The Weekly Prize will consist of three (3) 400 ml bottles of Obrigado Coconut Water (ARV $3.00 per bottle), and one (1) of the following items below to be selected by the Sponsor:
- Pair of sunglasses (ARV $20.00)
- Drawstring bag (ARV $20.00)
- Towel (ARV $20.00)
- Hat (ARV $20.00)
- T-shirt (ARV $20.00)
- Water bottle (ARV $20.00)
- Sweat band (ARV $20.00)
- Cooling towel (ARV $20.00)
Beach umbrella (ARV $20.00)
Only one (1) prize (“Weekly Prize”) will be awarded per week during the Sweepstakes Period, for a total of sixteen (16) winners. Each weekly prize will have a maximum ARV of $29.00. The total ARV of the Weekly Prizes is $464.00.
C. Total ARV of All Available Prizes: The total ARV of all available prizes in this Sweepstakes is $4,564.00.
D. Odds of Winning: The odds of winning a prize depend upon the number of eligible entries received for the entire Sweepstakes Period.
HOW TO CLAIM THE PRIZE: All prize winners will be sent a notification with further instructions on how to claim a prize via the email address that was provided at the time of entry.
Prizes will be awarded provided that there are a sufficient number of entries received.
Before being declared the winner, the potential Grand Prize winner will be required to execute and return an Affidavit of Eligibility/Liability & Publicity Release.
The Grand Prize Winner will be required to provide his/her social security number and will be issued an IRS tax form 1099 in the amount of the actual value of the prize. If the potential winner is found to be ineligible or not in compliance with these Official Rules, declines to accept the prize, if Sponsor is unable to contact the potential winner, or in the event that the prize confirmation or prize is returned undeliverable, the prize will be forfeited, and at the Sponsor’s sole discretion may be awarded to an alternate potential winner selected from among all remaining eligible entries received during the Sweepstakes Period.
If Sponsor is unable to confirm a winner after five (5) good-faith attempts, the prize may not be awarded. If a confirmed winner forfeits the prize for any reason after confirmation, no alternate winner will be selected. The potential winner may be required to furnish proof of identification and other proof of eligibility under these Official Rules. Sweepstakes Entities shall not be responsible or liable for entries that are entered by other than human means (such as by an automated computer program or other non-human mechanism, entity or device), in excess of the stated limit, or for entries that are late, forged, destroyed, lost, misplaced, stolen, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Official Rules, and all such entries will be disqualified. The right to receive the prize is non-assignable and non-transferable, and no prize substitution, exchange or cash equivalent will be allowed. Federal, state and local taxes, if any, are solely the responsibility of the winner.
LIMITATION OF LIABILITY: Sweepstakes Entities and Instagram LLC are not responsible for illegible, lost, late, incomplete, stolen, misdirected, postage due, or undeliverable e-mail or postal mail; or for any computer, telephone, satellite, cable, network, electronic or internet hardware or software malfunctions, failures, connections or availability, or garbled, corrupt or jumbled transmissions, service provider/internet/website/use net accessibility, availability; or traffic congestion; or any technical, mechanical, printing or typographical or other error; or unauthorized human intervention; or the incorrect or inaccurate capture of registration information, or the failure to capture, or loss of, any such information. Sweepstakes Entities, and Instagram LLC, are not responsible for any incorrect or inaccurate information, whether caused by any website users, tampering, hacking or by any of the equipment or programming associated with or utilized in the Sweepstakes and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to any website(s). Sweepstakes Entities, and Instagram LLC, are not responsible for any injury including, without limitation, death or damage, whether personal or property, to Entrant’s or to any person's computer related to or resulting from participating in the Sweepstakes and/or accepting the prize. If, for any reason, an entry is confirmed to have been erroneously deleted, lost or otherwise destroyed, corrupted or for any other reason not accepted as an entry into the Sweepstakes, the Entrant’s sole remedy is to submit another entry. If, for any reason, the Sweepstakes is not capable of running as planned, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes and/or proceed with the Sweepstakes, including the selection of the winners, in a manner it deems fair and reasonable, including the selection of winners from among eligible entries received prior to such cancellation, termination, modification or suspension.
SWEEPSTAKES ENTITIES AND INSTAGRAM LLC MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT AS REGARDS ANY PRIZE OR ANY COMPONENT(S) OF THE PRIZES. VOID WHERE PROHIBITED, AS SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES. AN ENTRANT MUST CHECK LOCAL LAWS TO LEARN IF ANY OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY.
Further, Sweepstakes Entities and Instagram LLC are not responsible for, and shall be indemnified by the winners against, any claims, injuries, losses or damages of any kind resulting from acceptance, use, misuse, possession or loss of the prize.
IN NO EVENT WILL SWEEPSTAKES ENTITIES 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 ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES.
In addition, Sweepstakes Entities and Instagram LLC are not responsible for and shall be defended, indemnified, held harmless and released by each Entrant against any claims, liabilities, lawsuits, judgments, causes of action, proceedings, injuries, death, losses, costs, expenses or damages of any kind resulting from, in connection with, or arising from an Entrant’s participation in the Sweepstakes or acceptance, receipt, delivery, use, non-use, misuse, defect in, inability to use, possession, or loss of the prize. In particular, by entering the Sweepstakes, each Entrant agrees to waive all of his/her rights to bring any claim, action or proceeding against Sweepstakes Entities in connection with the Sweepstakes; and to forever and irrevocably agree to release, defend, indemnify and hold harmless Sweepstakes Entities, and Instagram LLC, from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability costs and expenses (including, without limitation, reasonable outside attorneys’ fees) for any injuries, losses or damages of any kind to persons, including, without limitation, death or property damage resulting in whole or in part, directly or indirectly, from: (a) the Sweepstakes, including but not limited to, any Sweepstakes-related activity or element thereof, and the Entrant’s entry, participation or inability to participate in the Sweepstakes, (b) the violation of any third-party privacy, personal, publicity or proprietary rights, (c) typographical or printing errors in these Official Rules or any Sweepstakes materials, (d) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a prize (or any component thereof), (e) any change in the prizing (or any components thereof) due to unavailability, or due to reasons beyond Sponsor’s control, including but not limited to, any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not such action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened or actual terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slowdown, civil disturbance, insurrection, riot or any other cause beyond any of Sweepstakes Entities’ control, or as otherwise permitted in these Official Rules, (f) any interruptions in or postponement, cancellation or modification of the Sweepstakes, (g) human error, (h) incorrect or inaccurate transcription, receipt or transmission of any part of the entry (including, without limitation, the information or any parts thereof), (i) any technical malfunctions or unavailability of any website or any telephone network, computer system, computer online system, computer timing and/or dating mechanism, computer equipment, software, or internet service provider, or mail service utilized by any of Sweepstakes Entities or by an Entrant, (j) interruption or inability to access the Sweepstakes, Instagram or any other Sweepstakes-related web pages, or any online service via the internet due to hardware or software compatibility problems, (k) any damage to Entrant’s (or any third person’s) computer and/or its contents related to or resulting from any part of the Sweepstakes, (l) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (m) any late, lost, stolen, mutilated, misdirected, illegible, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged entries, (n) any wrongful, negligent or unauthorized act or omission on the part of Sweepstakes Entities, (o) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof), (p) the collection, use and/or sharing of Entrant’s personally identifiable information by Sponsor or its designees or (q) the negligence or willful misconduct by Entrant.
DISPUTES: THE ADMINISTRATION OF THE SWEEPSTAKES IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF TEXAS, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN THE COUNTY OF HARRIS, HOUSTON TEXAS. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“AAA RULES”). THE AAA RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN TEXAS. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN HARRIS COUNTY, HOUSTON TEXAS. ENTRANTS AGREE THAT THE STATUTE OF LIMITATIONS FOR ASSERTING ANY CLAIMS SHALL BE A PERIOD OF ONE (1) YEAR FROM THE END DATE OF THE SWEEPSTAKES PERIOD.
ENTRANTS AGREE THAT THE STATUTE OF LIMITATIONS FOR ASSERTING ANY CLAIMS SHALL BE A PERIOD OF ONE (1) YEAR FROM THE END DATE OF THE SWEEPSTAKES PERIOD.
- WAIVER: Further, Entrants hereby waive all rights to: (a) claim punitive, exemplary, special, incidental, indirect and consequential damages and any other damages (whether due to negligence or otherwise), other than for actual out-of-pocket costs; and (b) have damages multiplied or otherwise increased. Entrants agree that the rights and obligations of any Entrant and/or Sweepstakes Entities and/or any other party shall be resolved individually, without resort to any form of class action.
- PUBLICITY RIGHTS: By participating in the Sweepstakes and/or accepting the prize, each Entrant grants (and agrees to confirm that grant in writing) permission for Sponsor and/or Sponsor's designee the perpetual right to use his/her name, biographical information, photos and/or likeness, and statements for Sweepstakes, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered, including live television, worldwide, including but not limited to, on the World Wide Web and internet, without notice, review or approval and without additional compensation except where otherwise prohibited by law.
GENERAL: In the event of a dispute as to the identity of the winner based on their Instagram handle, the winning entry will be declared made by the authorized account holder of the e-mail address associated with the Instagram handle used to submit the 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. Sponsor and Administrator reserve the right to disqualify any individual found, in their sole opinion, to be tampering with the operation of the Sweepstakes; to be acting in violation of these Official Rules; or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of the Sweepstakes. Any use of robotic, automatic, macro, programmed third-party or like methods to participate in the Sweepstakes will void any attempted participation effected by such methods and result in the disqualification of the individual utilizing the same.
CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. 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.
All entries and/or materials submitted become the property of Sponsor and will not be returned. The Sweepstakes Entities are not responsible for any lost, late, undeliverable/undelivered entries. In the event of any conflict with any Sweepstakes details contained in these Official Rules and Sweepstakes details contained in Sweepstakes materials (including but not limited to point of sale, television and print advertising, promotional packaging, and other promotional media), the details of the Sweepstakes as set forth in these Official Rules shall prevail.
- WINNERS LIST: For a list of the names of the winners, interested individuals should mail a self-addressed stamped business envelope to: Obrigado Sweepstakes Winners List, P.O. Box 809004, Houston TX 77280-9921. Winners List requests must be received no later than December 31, 2019.
SPONSOR: Aurantiaca USA LLC, 300 Spectrum Center Drive, Suite 1450, Irvine, CA 92618-3095.
Instagram is a registered trademark of Instagram, LLC. All rights reserved.