The Orange Julius® “Cash ‘N’ Cali Giveaway” Contest (“The Contest”) The Orange Julius® “Cash ‘N’ Cali Giveaway” Contest (“The Contest”) starts on July 15, 2008 at 9:00 a.m. Eastern Time (“ET”) and closes on November 15, 2008 at 11:59 p.m. ET (the “Contest Period”). There are one thousand, two hundred and two (1,202) Instant Win online prizes and one thousand, two hundred and twenty (1,220) OJ Quench Club® Prizes available to be won during the Contest Period. No Purchase Necessary. Void where prohibited. How to Enter the Contest: There are two (2) ways of entering the Instant Win component of The Contest: A. Text-To-Win. To participate in the Orange Julius® “Cash ‘N’ Cali Giveaway’” Contest, you must have a cell phone that is capable of two-way text messaging. Text messaging is not available in all areas. Standard text messaging service charges apply. Check your carrier plan for your standard text messaging fees. When you purchase a Premium Fruit Smoothie or Orange Julius® Original beverage at any participating Orange Julius®, you will receive a contest cup (while supplies last). Text the PIN code located on the contest cup to short code number 61005. Once the given PIN code has been received and verified as correct you will receive one (1) of two (2) confirmation messages. If you receive a “Congratulations, you’ve won a ___________! Go to orangejulius.com/winner and enter your cell number to claim your prize.” message this qualifies you to be eligible to win the specified prize. If you receive a “Sorry, you did not win an instant prize but take this BONUS PIN (XXXXXX) online to orangejulius.com/bonus for a second chance to win!” message, your entry is not eligible to win an Instant Win prize, however you may use the bonus PIN for online entry to the sweepstakes. Limit of one entry per person, per day, and one entry per code. B. Online. No purchase necessary. To enter without purchasing a beverage, go to www.orangejulius.com during the Contest Period and click the Get a Code link. You will be asked to input your full name, date of birth, e-mail address, country and zip/postal code. A Promotion Code will be immediately generated in the Promotion Code field. Limit of one (1) free generated Promotion Code request per person, per day, and one entry per code. Internet access is available free of charge at most public libraries, universities, and Internet cafés. C. OJ Quench Club® Sweepstakes: There is one (1) way to enter the OJ Quench Club® Sweepstakes component of the Contest: When completing the Online entry, click the “Join the OJ Quench Club” opt-in to enter a second contest for a chance to win an OJ Quench Club® Sweepstakes Prize. You may also enter the OJ Quench Club® Sweepstakes without participating in the Instant Win component of the contest and without using a PIN Code. To enter, follow the online prompts at www.orangejulius.com to join the free OJ Quench Club®. Fill out all required fields and upon clicking “submit” and thus completing the OJ Quench Club® registration and agreeing to its terms and conditions, a total of one (1) OJ Quench Club® Sweepstakes entry will be provided. A maximum of one (1) OJ Quench Club® Sweepstakes entry per person during the Contest Period. No purchase necessary. The Contest Sponsors are Orange Julius®of America Ltd., 7505 Metro Blvd., PO Box 390286, Minneapolis, MN 55439-0286 and Orange Julius®of Canada Ltd, , 5045 South Service Road, Suite 3000 Burlington, ON L7L 5Y7 (hereinafter referred to as the “Contest Sponsors”). All entries submitted become the sole property of the Contest Sponsors. The contest is being administered by MacLaren Momentum (a division of MacLaren McCann Canada Inc.) (hereinafter referred to as “Contest Administrator”). ELIGIBILITY: To enter the Contest, you must be a legal resident of the United States (except Puerto Rico, U.S. territories and possessions, and where restricted or prohibited by law) or Canada (except the Province of Quebec) and be 13 years of age or older. The Contest, and any websites, web pages and advertisements relating thereto, are intended for viewing only within the United States and Canada. You are not authorized to participate in the Contest if you are not located within the United States or Canada. Employees, officers and directors of Sponsors, Sponsors’ franchisees, Contest Administrator, and their respective affiliated companies, parents and subsidiaries, and the advertising and promotion agencies of each (collectively, “Contest Entities”), and members of the immediate families (defined as spouse, mother, father, sisters, brothers, sons and daughters, regardless of where they reside) and households (whether related or not) of such employees, officers and directors are ineligible to participate in this Contest. If you are a minor, then to be eligible to win a prize you must obtain the permission of your parent or legal guardian by having him/her sign and send in your Prize Claim Form (as described below). HOW TO CLAIM A PRIZE IN INSTANT WIN GAME: If you entered Online, once you have been notified on-screen that you are a potential Instant Win Prize winner, an official prize claim form (“Prize Claim Form”) will appear on-screen. To receive your prize, you must immediately fill out all required fields including your name, complete mailing address including postal/ZIP code and country. If you are a minor, your Prize Claim Form must be filled out by your parent or legal guardian. Your Prize Claim Form will be void if all information required is not provided on this form. Further, if you (or your parent or legal guardian if you are a minor) fail to complete, and submit the Prize Claim Form within the time limits set forth online, you will be disqualified. Only official Prize Claim Form submissions will be accepted. No duplicate Prize Claim Forms are allowed. The name and other personal information provided on the Prize Claim Form must match that provided in your winning online entry form or the Prize Claim Form will not be valid. Sponsors will not confirm receipt of Prize Claim Forms. Sponsors assume no responsibility for misdirected or incomplete Prize Claim Forms. Proof of submitting the form online does not constitute proof of receipt. Online Prize Claim Forms must be submitted online and are subject to verification. Once verified an Instant Winner by the Contest Administrator, the prize will be sent directly to the winner. For a resident of Canada to be declared a winner, he/she must also first correctly answer, without assistance of any kind, whether mechanical or otherwise, a time-limited mathematical skill-testing question to be administered by the Contest Administrator, by phone, mail or email within the time specified by the Contest Administrator. In the event that a potential winner does not successfully submit and, if applicable, answer the skill-testing question within the time specified, then he/she will be disqualified and an alternate entrant will be selected to win that prize. All of these notification requirements, as well as other requirements within these Official Rules, will be strictly enforced. If winner does not submit the online Prize Claim form the prize may be forfeited at the discretion of the Contest Sponsor.
PRIZES
Any difference between actual value and ARV for any prize will not be awarded. No transfers, substitutions, upgrades, credits for changes, refunds or cash equivalents for prizes are allowed except at Sponsors’ sole discretion. Sponsors reserve the right to substitute a prize, in whole or in part, of equal or greater monetary value if a prize cannot be awarded, in whole or in part, as described for any reason. Please allow 6-8 weeks for delivery of prizes from December 31, 2008. There is a limit of one (1) Instant Win prize per person, and one (1) OJ Quench Club® Sweepstakes prize per person. RELEASES/TAXES: Each potential winner and his/her parent or legal guardian if such potential winner is a minor (other than winners of a $5 gift card who will be notified via telephone, e-mail or mail, and will be sent prizes directly) will be required to sign and return an Affidavit of Eligibility, a Liability Release and a Publicity Release (except where prohibited) (the “Affidavit/Release”) or, if a resident of Canada, a Declaration of Compliance with Contest Rules, which includes a Liability Release and a Publicity Release (except where prohibited) (the, “Declaration/Release”). The Affidavit/Release or Declaration/Release must be returned to the Contest Administrator by the date and/or time indicated within such documents. If a potential winner fails to return such documents within the specified time period, or if a potential winner is found to be ineligible, or if he/she does not comply with the Official Rules, then such potential winner will be disqualified and an alternate entrant may be selected via a random drawing, time permitting. If a prize or prize notification is returned as undeliverable, this will result in disqualification. All federal, state, provincial, territorial, and other tax liabilities, including but not limited to sales and use taxes, goods and services taxes, excise taxes, income and withholding taxes, customs duties, fees and like amounts in connection with a winner’s award, acceptance or use of a prize arising from this Contest are the sole responsibility of each winner. PRIVACY: Except where prohibited by law, acceptance of a prize and/or participation in this Contest constitutes permission for the Contest Entities to use the winners’ name, photograph, likeness, statements, biographical information, voice, and city and state/province/territory address on a worldwide basis, and in all forms of media, in perpetuity, without further compensation in connection with this Contest. Entry in the Contest constitutes consent to the transfer of the personal information collected from the entrant to the Sponsors and their agents in the United States and/or Canada for the purposes of administering the Contest, fulfilling the prizes and for such other purposes to which entrant may consent as outlined herein and in the Sponsors’ privacy policy. All information submitted to the Sponsors as part of this Contest will be treated in accordance with the Sponsors’ privacy policy, available at www.orangejulius.com. CONTEST CONDITIONS: This Contest is subject to all applicable federal, state, provincial, territorial and local laws. By participating, participants agree to abide by and be bound by these Official Rules and the decisions of Sponsors and Contest Administrator, and to waive any right to claim ambiguity in the Contest or these Official Rules. By participating, participants also release, discharge, indemnify and hold harmless the Contest Entities and each of their respective officers, directors, employees, representatives and agents from and against any claims, damages or liability due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from: a) participation in this Contest or any Contest-related activity, including but not limited to any malfunction or other problem with the Contest website or any error in the collection or retention of entry information, b) any typographical or other error in the printing, offering or announcement of any prize; or c) acceptance, possession, misuse or use of any prize. In the event, due to a printing, technological or production error in the Instant Win, more than the advertised number of prizes are claimed in any prize category, there will be a random draw conducted amongst all eligible prize claimants to award the correct number of prizes for such prize category after the contest closing date. No more than the number of prizes set forth herein will be awarded in any category. Sponsor's sole liability for defective code or instant win play, for any reason, shall be limited to one code or instant win play, while supplies last through the end of the contest closing date. LIMITATIONS OF LIABILITY: The Contest Entities are not responsible for: a) lost, late, misdirected, postage-due, undeliverable or incomplete winner notifications and/or Prize Claim Forms or prize messages due to system errors or failures, fraud, or faulty transmissions or other telecommunications or technological malfunctions; b) entries not received due to any hardware, software, human or technical failures of any kind, including but not limited to lost or unavailable network connections, failed, incomplete or garbled computer or telephone transmissions, typographical, human or system errors or failures, faulty transmissions, or traffic congestion on the Internet or at a website, or any combination thereof; c) any other problems or technical malfunctions of any telephone network or lines, computer on-line systems, servers or providers, or computer equipment or other telecommunications malfunctions which may limit a participant’s ability to participate; d) any injury or damage to any person’s computer related to or resulting from playing the Contest or downloading any Prize Claim Form or other material for the Contest. Winner notifications, codes, instant win plays and Prize Claim Forms are void and will be rejected if not obtained in accordance with these Official Rules through authorized, legitimate channels, or if they are from other games, or if any part is counterfeited, illegible, mutilated or tampered with in any way or if they contain or reflect printing, typographical, mechanical, seeding, computer programming, software, hardware or other errors. All Prize Claim Forms submitted become the property of Sponsors and will not be returned. TERMINATION/SUSPENSION/MODIFICATION OF CONTEST: If this Contest is not capable of running as planned due to any reason beyond the reasonable control of Contest Sponsors (including, but not limited to, computer viruses, bugs, tampering, unauthorized intervention, human error, fraud or any other cause which corrupts or affects the administration, security, fairness, integrity or proper conduct of the Contest), then Contest Sponsors reserve the right at their sole discretion to cancel, terminate, modify or suspend the Contest, in whole or in part, at any time, without notice, and to choose the winners of the prizes via a random drawing from the eligible entries received up to the cancellation/suspension date. DISQUALIFICATION: Contest Sponsors may disqualify or prohibit an entrant from participating in the Contest or winning a prize in this or any other promotion conducted by Contest Sponsors if, in their sole discretion, they determine that said entrant has violated these Official Rules or has threatened or is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Contest Sponsors’ representatives. LAWSUIT/PROSECUTION: CAUTION: ANY ATTEMPT BY A PARTICIPANT TO DELIBERATELY DAMAGE WEBSITES OR UNDERMINE THE LEGITIMATE OPERATION OF THE GAME MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH PARTICIPANT TO THE FULLEST |