OFFICIAL CAULIPOWER x BIRCH BENDERS GIVEAWAY RULES
NO PURCHASE OR PAYMENT NECESSARY TO ENTER, WIN OR CLAIM A PRIZE. A PURCHASE OR PAYMENT WILL NOT INCREASE AN ENTRANT’S CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ELIGIBLE ENTRIES RECEIVED. VOID WHERE PROHIBITED BY LAW.
1. SPONSOR AND ADMINISTRATOR. The Sweepstakes is sponsored and administered by CAULIPOWER, LLC, 16200 Ventura Blvd., Ste. 400, Encino, CA 91436 (“CAULIPOWER”). The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Facebook, Twitter, and/or Instagram.
2. ELIGIBILITY. To participate in the Sweepstakes, you must be at least 18 years of age or older and must be a legal resident of the United States of America. Officers, directors, and employees of CAULIPOWER and their immediate family members are not eligible to participate. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void where prohibited or restricted by law.
3. SWEEPSTAKES PERIOD. The Sweepstakes Period will begin on August 21, 2023 at 12:00 AM Eastern Time (“EST”) and will close on August 28, 2023 at 11:59 PM EST.
4. HOW TO ENTER THE SWEEPSTAKES: During the Sweepstakes Period, an eligible entrant on Instagram may “like” the social media post on CAULIPOWER’s Instagram and “tag” someone in the comments section. They must be following both CAULIPOWER and Birch Benders on Instagram.
Each submission will be reviewed by CAULIPOWER who will, at their sole discretion, deem the submission as valid or invalid. An entrant may receive one (1) Sweepstakes Entry total - one (1) on Instagram - through this method for the entire Sweepstakes Period.
ENTRY LIMIT: There is a limit of one (1) Entry per person - one (1) on Instagram - during the entire Sweepstakes Period.
5. WINNER SELECTION AND ODDS OF WINNING. On or around August 28, 2023, a random drawing from all eligible Entries received during the Sweepstakes Period will be held. Two (2) winners will be selected. The odds of winning will depend on the total number of eligible Entries received during the Sweepstakes Period. The winner will be notified on social media within 5 days of the end of the Sweepstakes Period.
6. PRIZE: Two (s) winners will receive a year of free CAULIPOWER paid out in coupons, CAULIPOWER swag, and a $100 gift card to Birch Benders website. The winner will need to provide their email address to CAULIPOWER and Birch Benders and opt-in to receive marketing communications from both to collect their prize, as well as their address to receive swag and coupons.
7. PRIZE RESTRICTIONS. The following general conditions apply to the Prize:
Prize is awarded “as-is” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose);
The Prize is not transferable and not redeemable for cash. Any portion of the Prize not accepted by the winner will be forfeited;
Lost, destroyed, or stolen Prizes will not be replaced.
8. PRIZE WINNER’S NAME. You may request the name of the prize winner after the close of the Sweepstakes Period, but no later than September 4, 2023, by sending a self-addressed, postage-prepaid envelope with your request to Caulipower, LLC, 16200 Ventura Blvd., Ste. 400, Encino, CA 91436. Residents of Vermont may omit postage.
9. PUBLICITY. Except for residents of Tennessee, by entering the Sweepstakes, you consent to CAULIPOWER’s use of your name, likeness, photograph, account name, biographical information, or statements for advertising or promotional purposes in any media whatsoever without any notice or payment to you.
10. PRIVACY. All personally identifiable information submitted in connection with the Sweepstakes will be governed by CAULIPOWER’s privacy policy, which can be reviewed here: https://eatcaulipower.com/en/privacy-policy.
11. RELEASE. By entering the Sweepstakes, you agree to release, discharge, indemnify, defend and hold harmless CAULIPOWER, and their officers, directors, and employees, from and against any claims, including third-party claims, arising out of, in whole or part, directly or indirectly, your Entry, your participation or attempting to participate in the Sweepstakes or from acceptance, possession, use, or misuse of any Prize.
12. INTELLECTUAL PROPERTY. By entering the Sweepstakes, you represent that you own the copyright in your Entry, and that your Entry does not violate the copyright, trademark, or any other right owned by any third party. You hereby grant CAULIPOWER a non-exclusive, worldwide, perpetual, unrestricted, irrevocable, fully paid-up license to reproduce, modify, publicly distribute, publicly perform, publicly display, and otherwise fully exploit the copyright in your Entry, including but not limited to posting your Entry on CAULIPOWER’S website, without further notice or payment to you.
13. GENERAL CONDITIONS. Participation in the Sweepstakes constitutes your unconditional agreement to these Official Rules and to CAULIPOWER’s decisions, which are final and binding in all matters related to the Sweepstakes. CAULIPOWER reserves the right to cancel, suspend or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond CAULIPOWER’s reasonable control impairs the integrity or proper functioning of the Sweepstakes.
14. DISPUTE RESOLUTION. All disputes regarding the Sweepstakes that cannot be resolved amicably between the parties will be resolved individually, without resort to any form of class action, exclusively before the appropriate state or federal court located in Los Angeles, California. California law will govern any dispute regarding the Sweepstakes. In any such dispute, under no circumstances will you be permitted to obtain awards for, and hereby waive all rights to claim, punitive, incidental, special, indirect, lost profits, consequential damages, or any other damages, including attorneys’ fees, and you further waive all rights to have damages multiplied or increased
15. MISCELLANEOUS. The invalidity or unenforceability of any provision of these Rules will not affect the validity or enforceability of any other provision. In the event that any provision of the Rules is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. CAULIPOWER’s failure to enforce any term of these Rules will not constitute a waiver of that provision. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials, CAULIPOWER’s Privacy Policy, and/or the terms and conditions of these Rules, the Rules will control.