Guayaki General Sweepstakes/Contest Rules
Unless otherwise specified, these Official Rules apply to any promotion (whether called a “sweepstakes” or a “contest”) sponsored by Guayakí Sustainable Rainforest Products, Inc. If official rules other than these Official Rules apply to a particular promotion, those official rules will be posted on this website and identified by the name of the promotion.
NO PURCHASE NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE, LOCAL AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.
Subject to the additional restrictions below, contests and sweepstakes (collectively, a “Contest”) are open to (i) legal residents of the United States (including D.C.); (ii) who are 18 years or older at the time of entry (age subject to change based on venue or travel restrictions or in Sponsor’s sole discretion). Employees of Guayakí Sustainable Rainforest Products, Inc. (“Sponsor” or “Guayakí”), and its affiliated companies, subsidiaries, and advertising and promotional agencies, and the family members of, and any persons domiciled with, any such employees, are not eligible to enter or to win. The term “family members” includes spouses, parents, grandparents, siblings, children, grandchildren and in-laws, regardless of where they live. Persons belonging to or affiliated with a professional acting, theater, or film-making organization, such as SAG or AFTRA, are not allowed to compete in any Contest or participate in any entry. Professional actors and filmmakers, whether full-time or part-time, are allowed to compete so long as they do not belong to any professional organizations connected with the entertainment industry that would cause Sponsor to pay the entrant or any other person a fee or any other benefit for taking part in any Contest event.
2. HOW TO ENTER
The Contest will take place between the start and end times and on the dates stated in the Contest advertising, social media post, App post, or on a Contest webpage on Sponsor’s website (the “Contest Period”). Sponsor will be the official timekeeper for the Contest.
- If the Contest requires entrants to like or comment on a Social Media Platform post or post within the Guayakí Ambacebador Network mobile application mobile application (the “App”):
- Contests may be offered via Sponsor’s social media channels (e.g., Instagram®, Facebook®, Twitter®, TikTok®, etc.) (collectively, “Social Media Platforms”) or within the App.
- To enter, you must have the required Social Media Platform account or App account registered under your name and you must be signed on to that account when you enter. Find the Contest post on the relevant Social Media Platform or within the App and follow all posted instructions to enter. Unless otherwise specified, if the Contest requires entry by liking a post, Sponsor will select a winner through a random drawing among all eligible entrants.
- If the Contest requires entry by commenting on a post, Sponsor’s Contest post will state the criteria for designating a potential winner (e.g., the sixth person to comment, certain specified judged criteria) prior to the Contest Period and any other required content, such as custom hashtags (e.g., “#contest”) or tagging the Sponsor (e.g., “@Guayaki”). If the winner is selected based on the order in which eligible posts are made, Sponsor will count comments in the order they are received, and all comments received by Sponsor will be counted for the purpose of determining the winning entry. Sponsor may delete or decline to publish some comments during the Contest Period, but these will not be excluded from Sponsor’s count. Only a valid entry submitted in compliance with these Official Rules may win. If Sponsor decides, in its sole discretion, that a potential winner’s entry does not comply, Sponsor may designate the next valid entry to be the winning entry.
- For judged contests, a qualified Judging Panel selected in Sponsor’s sole discretion will review the entries based on the applicable criteria and select potential winner(s). To be clear, the Judging Panel may review multiple entries that submit similar entries; in such a case, the judges may consider the timing of such entries in making its decision but will not be bound to designate as a potential winner the first submission of such similar entries. The selected winner is subject to verification of eligibility and compliance with these Official Rules and any other rules as stated by Sponsor.
- In the event of a dispute, an entry will be deemed to have been submitted by the owner of the Social Media Platform account or App account from which the entry is submitted, provided that such person satisfies all other Contest eligibility requirements. The Contest is in no way sponsored, endorsed or administered by or associated with any Social Media Platform.
- Winner Selection and Odds: The maximum number of winners will be announced. Unless otherwise stated by Sponsor, Winners will be selected by random drawing from among all eligible entries. Odds depend on the number of eligible participants.
- If the Contest requires entry through Sponsor’s website:
- To enter via Sponsor’s website, visit guayaki.com and navigate to the specific Contest page to select the relevant Contest link. Complete the required information and follow all posted instructions.
- Winner Selection and Odds: The maximum number of winners will be announced. Unless otherwise stated by Sponsor, Winners will be selected by random drawing from among all eligible entries. Odds depend on the number of eligible participants.
General Contest Entry Terms
The following terms are applicable to all Contests:
- Sponsor reserves the right to disqualify any entries by persons who submit false or misleading entry information or who Sponsor determines to be tampering with or abusing any aspect of the Contest. In the event of a dispute, a text entry will be declared made by the authorized account holder of the account from which the text message was sent. “Authorized account holder” is defined as the natural person who is assigned to a telephone number or other identifier automatically associated with the text message by a wireless service provider that is responsible for assigning the same.
- The use of multiple identities and/or accounts is prohibited, and any attempt to obtain more than the stated number of entries will void that participant’s entries and may result in participant’s disqualification. Incomplete, forged, altered, automated, mechanically reproduced, lost, late, misdirected, garbled, or illegible entries, or entries that do not meet the size or formatting requirements specified above, will be disqualified. Sponsor will not be responsible for failure to receive entries due to transmission failures or technical failures of any kind, including, without limitation, malfunctioning of any network, hardware or software, whether originating with sender, Sponsor, or Sponsor’s Contest application service provider. In the event of a dispute, all online entries will be deemed to have been submitted by the owner of the ISP account from which they were sent, provided that such person satisfies all other Contest eligibility requirements. For these purposes, an ISP account holder shall mean the natural person assigned to such ISP account by the Internet access provider, online service provider or other organization responsible for assigning ISP addresses for the domain associated with such ISP account.
- Sponsor will not be responsible for loss of service or for a participant’s failure to reach Sponsor’s website or a Social Media Platform due to the malfunction of any application, software, hardware, network or system, congestion, any technical or human error, or other failures or malfunctions of any kind, including congestion, overload, busy signals, or any other factor that may prevent an individual from completing his/her entry. In the event an interruption of power, telephone service, the Internet, or Social Media Platforms and associated data service occurs prior to Sponsor’s selecting and/or announcing a winner, or a change in programming results in Sponsor’s inability to air an opportunity to enter the Contest, Sponsor in its sole discretion may decide not to offer the affected entry opportunity again and may reduce the number of prize opportunities awarded in the Contest accordingly. If a winner is ineligible or fails to comply with any term or condition of these Official Rules or any other applicable rules, that winner will be disqualified. Sponsor may decide, in its sole discretion, not to select a substitute winner and the prize will remain the property of Sponsor.
- Any entry you submit (1) must be suitable for a general audience; (2) must not contain any sexually explicit, disparaging, libelous or other inappropriate material (all as determined in the sole discretion of Sponsor); (3) must not contain any trademarks, copyrighted works or other intellectual property (other than works or intellectual property that you own, or for which you have obtained royalty-free rights for Sponsor to use in connection with the Contest (collectively, “Authorized Assets”)); and (4) complies with all of Sponsor’s, a Social Media Platform’s, or the App’s, as applicable, requirements and terms regarding the use of their services. Any elements appearing in your entry must be entirely original, created by you, be in the public domain, or be an Authorized Asset. Use of any material not original to you, not in the public domain, or that is not an Authorized Asset may result in disqualification. Sponsor reserves the right to disqualify any entry that violates the foregoing restrictions, as determined by Sponsor in its sole discretion.
- By entering, you represent and warrant that your entry complies with the requirements set out above, including those at (1)–(4), above. All entries shall become the sole property of Sponsor to be used or disposed of at Sponsor’s sole discretion. No entry will be returned. Submission of any entry constitutes a participant’s irrevocable consent to the publication or other use (but not the obligation to use) by Sponsor or its affiliates, including by their advertising, promotion and production agencies, to use the participant’s entry, name and any identifying information associated with the entry for any commercial, publicity or promotional purpose, without limitation, without further review or approval or additional compensation to you.
3. PRIZE DESCRIPTION
Prizes will vary in each Contest. A description of each prize and its approximate retail value will be announced at the website, on the App, or on the applicable Social Media Platform. No credit or cash will be given for any unused portion of any prize package. No refund or compensation will be paid in the event a prize is defective. Sponsor is not responsible for lost or damaged prizes. All warranty claims must be made with the original manufacturer or issuer.
If the prize is electronic, the retail value may be subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the retail value is estimated and the date the prize is awarded or redeemed. A winner will not receive the difference, if any, between the retail value at the beginning of the Contest and the retail value at the time of prize delivery.
If the prize is a cash award, and further subject to the terms below, Sponsor is not responsible for any prize check(s) lost in the mail. Replacement checks may be issued upon request at the Sponsor’s discretion.
If the prize is a gift card, card issuer terms and conditions may apply. No refund or compensation will be paid in the event a gift card, voucher, or certificate can no longer be redeemed because the intended company/retailer has closed or is unavailable. Sponsor is not responsible for, and will not replace, lost, mutilated, or stolen gift cards, vouchers, or certificates.
If the prize involves tickets to a sporting event, a concert or a show (“Event”), no refund or compensation will be paid in the event of the cancellation or delay of the Event. Sponsor will not be liable if the Event, or any portion of it, is cancelled or delayed. Sponsor may, in its sole discretion, attempt to reschedule for a future event. Prize winner is prohibited from selling or re-selling any ticket prize. Any such sale is deemed a breach of this contract and may subject winner to legal action and disqualification from participating in future promotions. Event tickets are subject to certain terms and conditions as specified by issuer. The terms and conditions of the Event tickets may govern if the Event is cancelled due to weather, an act of God, an act of terrorism, civil disturbance or any other reason. Sponsor is not responsible for, and will not replace, lost, mutilated, or stolen Event tickets, vouchers, or certificates. Exact details, including seat locations, shall be determined in the sole discretion of Sponsor.
If prize includes airfare, lodging, or other special component, see the website for Official Rules and prize details.
4. WINNER NOTIFICATION & ACCEPTANCE
Sponsor will determine and notify the winning participant on or about the same day that the Contest Period ends, unless otherwise specified.
A PARTICIPANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL SPONSOR HAS VERIFIED ELIGIBILITY AND THE WINNER’S COMPLIANCE WITH THESE AND ANY OTHER APPLICABLE RULES.
Notification will vary according to the method of entry; a potential winner may be notified by a message to his or her Social Media Platform account, through the App, by email, or by a telephone call to the telephone number included on such person’s entry, as applicable. In order to claim a prize, and unless otherwise stated by Sponsor, the potential winner must respond to Sponsor’s notification within twenty-four (24) hours of first attempted notification.
Sponsor will designate the method and procedure by which winners are notified and prizes are redeemed. Winners may be required to provide to Sponsor an accepted form of identification. Subject to the Contest’s eligibility requirements, accepted identification may include: a) a valid state-issued driver’s license or other state-issued photo ID; or b) a valid photo ID issued by a state or the U.S. government accompanied by acceptable proof of residency in the United States (as applicable), such as a recent copy of a utility bill. Failure to present the required identification and proof of residency will result in a potential winner’s disqualification and the forfeiture or his or her interest in any prize. Prizes must be claimed by the person identified as the potential winner. No person is permitted to claim a prize on another person’s behalf.
For cash prizes, prize checks are issued to a winner’s mailing address within four (4) to six (6) weeks following receipt of completed paperwork, which can be submitted via fax, email, or in person at Sponsor’s offices.
Potential winners may be required to complete an affidavit of eligibility and a liability and publicity release (except where prohibited by law), which must be notarized and returned within ten (10) business days of notification.
Sponsor’s inability to reach a potential winner after a reasonable (as solely determined by Sponsor) effort has been made, the failure of a potential winner to timely respond to a prize notification, the return of any prize notification as undeliverable, the inability of winner and his/her guest to travel within the time period specified by Sponsor (as applicable), and/or the failure of a potential winner to comply with any term or condition of these Official Rules or any other applicable rules may, in Sponsor’s sole discretion, result in the potential winner’s disqualification and the selection of a substitute winner by based upon random selection, in Sponsor’s sole discretion. If Sponsor declines to select a substitute winner, or if the selected substitute winner is not eligible, fails to respond to Sponsor’s notification, or is otherwise disqualifies, the prize(s) will remain unawarded.
A winner may waive the right to receive a prize. Prizes are non-assignable and nontransferable and cannot be redeemed for cash (unless the prize is a check). No substitutions are allowed by the winner. Prizes and individual components of prize packages are subject to availability. Sponsor reserves the right to substitute prizes or components of prize packages with a prize or component of equal or greater value. Winner is solely responsible for reporting and payment of any taxes on a prize. Winner may be required to provide his/her valid Social Security Number to Sponsor for tax purposes and/or complete an IRS W-9 form in order to claim a prize. Winners are solely responsible for all federal, state and local taxes on prize value and, as applicable, will be issued an IRS Form 1099 based on the prize value determined by Sponsor. Prizes not won and claimed by eligible winners in accordance with these Official Rules and any other applicable rules will not be awarded and will remain the property of Sponsor.
By participating, participants agree to be bound by these Official Rules and the decisions of Sponsor and any Contest judges or administrators selected by Sponsor, which are final and binding in all respects. Sponsor reserves the right to disqualify persons found tampering with or otherwise abusing any aspect of this Contest as solely determined by Sponsor. In the event the Contest is compromised by a virus, non-authorized human intervention, tampering or other causes beyond the reasonable control of Sponsor which corrupt or impair the administration, security, fairness or proper operation of the Contest, Sponsor reserves the right in its sole discretion to suspend, modify or terminate the Contest. Should the Sweepstakes be terminated prior to the stated expiration date, Sponsor reserves the right to award prizes based on the entries received before the termination date. Proof of sending or submission of an entry will not be deemed proof of receipt by Sponsor.
EXCEPT WHERE PROHIBITED, BY ENTERING THE CONTEST, YOU AGREE THAT SPONSOR, PRIZE PROVIDERS, SOCIAL MEDIA PLATFORMS, AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, SUPPLIERS, DISTRIBUTORS, ADVERTISING/ PROMOTION AGENCIES, AND PRIZE SUPPLIERS AND EACH SUCH COMPANY’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “RELEASED PARTIES”) HAVE THE ABSOLUTE RIGHT AND PERMISSION TO PUBLISH YOUR ENTRY ON THE WEBSITE AND TO BROADCAST, PUBLISH, OR OTHERWISE USE YOUR ENTRY AND/OR YOUR NAME, BIOGRAPHICAL INFORMATION, AND LIKENESS IN CONNECTION WITH THE SWEEPSTAKES OR FOR ANY COMMERCIAL, PUBLICITY, OR PROMOTIONAL PURPOSE WITHOUT LIMITATION, REVIEW OR APPROVAL, OR COMPENSATION TO YOU. BY ENTERING, YOU GRANT THE RELEASED PARTIES AN EXCLUSIVE, ROYALTY-FREE AND IRREVOCABLE LICENSE AND RIGHT (BUT NOT THE OBLIGATION) TO TELECAST, BROADCAST, COPY, EDIT, ADAPT, MODIFY, REPRODUCE, PUBLISH, CREATE DERIVATIVE WORKS OF, DISTRIBUTE, USE, OR OTHERWISE PUBLICLY DISPLAY ANY OR ALL OF YOUR ENTRIES, OR ANY PORTION THEREOF, IN ANY MANNER OR MEDIUM THROUGHOUT THE WORLD IN PERPETUITY, FOR COMMERCIAL, PUBLICITY, OR PROMOTIONAL PURPOSES, AND TO LICENSE OTHERS TO DO SO, WITHOUT LIMITATION, REVIEW OR APPROVAL, OR COMPENSATION TO YOU.
If Sponsor’s use of your entry causes Sponsor to be subject to a claim by any third party, you agree to indemnify and hold harmless the Released Parties, and all persons acting by, through, under or in concert with them, against any and all damages, costs, judgments and expenses (including reasonable attorney’s fees) which the Released Parties (or any one of them) may incur as a result of the use of your entry.
BY PARTICIPATING IN THE CONTEST, EACH PARTICIPANT AGREES TO FULLY RELEASE, FOREVER DISCHARGE AND HOLD HARMLESS THE RELEASED PARTIES FROM AND AGAINST ANY CLAIMS, COSTS, LIABILITIES, LOSSES, INJURIES, AND DAMAGES ARISING OUT OF THE CONTEST, INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS FOR PERSONAL INJURY, DEATH, OR DAMAGE TO OR LOSS OF PROPERTY, LOSS OF ENJOYMENT, OR ANY OTHER HARM WHATSOEVER ARISING OUT OF: (1) PARTICIPATION IN THE CONTEST; (2) THE QUALITY, RECEIPT, POSSESSION, USE, OR MISUSE OF ANY PRIZE; OR (3) ANY TRAVEL OR ACTIVITY THAT IS RELATED TO THE CONTEST OR ANY PRIZE.
9. LIMITATIONS OF LIABILITY
BY PARTICIPATING IN THE CONTEST, PARTICIPANTS ACKNOWLEDGE AND AGREE THAT EVERYTHING REGARDING THIS CONTEST, INCLUDING THE PRIZE(S), THE WEBSITE, AND THE APP ARE PROVIDED “AS IS” AND THAT SPONSOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE PRIZE(S) AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE RELEASED PARTIES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.)
THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR: (1) ANY INCORRECT OR INACCURATE INFORMATION, WHETHER CAUSED BY PARTICIPANTS, PRINTING OR PRODUCTION ERRORS, OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR EMPLOYED IN THE CONTEST; (2) TECHNICAL FAILURES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO MALFUNCTIONS, INTERRUPTIONS, OR DISCONNECTIONS IN PHONE LINES OR NETWORK HARDWARE OR SOFTWARE; (3) UNAUTHORIZED HUMAN INTERVENTION IN ANY PART OF THE ENTRY PROCESS OR THE CONTEST; (4) TECHNICAL OR HUMAN ERROR WHICH MAY OCCUR IN THE ADMINISTRATION OF THE CONTEST, THE PROCESSING OF ENTRIES, OR THE NOTIFICATION OF ANY WINNER; OR (5) ANY INJURY OR DAMAGE TO PERSONS OR PROPERTY WHICH MAY BE CAUSED, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, FROM A PARTICIPANT’S PARTICIPATION IN THE CONTEST OR RECEIPT OR USE OR MISUSE OF ANY PRIZE.
Only the stated number of prizes will be awarded in the Contest. In the event that production, technical, seeding, programming, or any other reasons cause more than the stated number of prizes to be available and/or claimed, Sponsor reserves the right to award only the number of prizes specified by a random drawing among all legitimate eligible prize claims.
10. CONSTRUCTION: CHOICE OF LAW: ARBITRATION
The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any such provision is determined to be invalid or otherwise unenforceable, these Official Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. Any disputes arising under this Contest and/or these Official Rules will be governed by relevant U.S. federal statutes and regulations and the internal laws of the State of California. Sponsor and each entrant agree that any such claim or dispute between the parties, or between a party and any agent, employee, successor, or assign of the other, related to this Contest and/or these Official Rules (including the applicability of this arbitration clause) shall be resolved by binding arbitration administered by the JAMS under its rules and procedures in effect when the claim is filed. The rules and procedures and other information, including information on fees, may be obtained from JAMS’ website (www.jamsadr.com) or by calling JAMS at 949-224-1810. Any award by the arbitrator(s) may be entered as a judgment in any court having jurisdiction.
11. NO AFFILIATION
Unless otherwise stated, no Contest is sponsored, endorsed or administered by, or associated with, any Social Media Platform. Any questions, comments or complaints regarding the Contest should be directed to Sponsor or the Station.
Contests are sponsored by Guayakí Sustainable Rainforest Products, Inc. The decisions of Sponsor regarding the selection of winners and all other aspects of a Contest shall be final and binding in all respects. Sponsor will not be responsible for typographical, printing or other inadvertent errors in these Official Rules or in other materials or announcements relating to a Contest. Sponsor reserves the right to amend, suspend or cancel a Contest at any time. For a list of winners or a copy of these Official Rules send a self-addressed, stamped envelope to “Winners List/Official Rules” (as applicable), Guayakí Sustainable Rainforest Products, Inc., 6782 Sebastopol Avenue, Sebastopol, CA 95472. If you have any questions regarding a Contest, please contact firstname.lastname@example.org.