Terms & Conditions
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE OR IMPROVE YOUR CHANCES OF WINNING.
OCEAN SPRAY® ALL THAT POWER™ PROMOTION
Sponsored by Ocean Spray Cranberries, Inc. (herein “Sponsor”)
OPEN ONLY TO INDIVIDUALS WHO ARE LEGAL RESIDENTS OF, AND CURRENTLY RESIDING WITHIN, THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA (“D.C.”), WHO ARE EIGHTEEN (18) YEARS OF AGE OR OLDER AT THE TIME OF ENTRY. VOID OUTSIDE OF THE FIFTY (50) UNITED STATES/D.C. AND WHEREVER PROHIBITED BY LAW. THIS PROMOTION IS GOVERNED BY UNITED STATES LAW. DO NOT ENTER IF YOU ARE NOT LOCATED IN ONE OF THE FIFTY (50) UNITED STATES OR D.C. AT TIME OF ENTRY.
1. Promotion Period: The Ocean Spray® All That Power™ Promotion (“Promotion”) begins November 1, 2022, at 12:00:00 a.m. Eastern Time (“ET”) and ends January 17, 2023, at 11:59:59 p.m. ET (“Promotion Period”). Sponsor is the official timekeeper for the Promotion.
2. Eligibility: The Promotion is open only to legal residents of the fifty (50) United States and D.C. who are 18 years of age or older at the time of entry. Employees, officers and directors of the Sponsor or VCG PromoRisk, Inc., or Promotion Activators Management, LLC (with Promotion Activators Management, LLC serving as “Administrator”), and any of their respective parent companies, affiliates, subsidiaries, distributors, suppliers and advertising and promotion agencies associated with the Promotion, and members of the immediate families (defined as including spouse, biological, adoptive and step-parents, grandparents, siblings, children and grandchildren, and each of their respective spouses, regardless of where they reside) or households (whether related or not) of any of the above are NOT eligible to participate in the Promotion. Non-eligibility or non-compliance with any of these Official Rules may result in disqualification in Administrator’s sole discretion. Promotion is void outside of the 50 United States/D.C. and wherever prohibited by law. The Promotion is subject to United States law.
3. How to Enter: Purchase at least $10 of Ocean Spray® products (excluding tax) on a single retailer sales receipt (“Eligible Receipt”), go to www.allthatpowersweeps.com (“Website”), and follow the on-screen instructions to complete the entry form and upload the Eligible Receipt during the Promotion Period to receive one (1) entry into the Promotion. You may upload an Eligible Receipt one (1) time. Photo must include the entire receipt from top to bottom, including all four (4) corners. For longer receipts, scan or take picture in sections and upload all portions at the same time. Once an Eligible Receipt has been uploaded, it may not be uploaded again for additional Promotion entries. Purchase must be made during the Promotion Period, and purchase date and retailer name must be visible on the Eligible Receipt with the Ocean Spray® product(s) circled. Blurry and/or unreadable receipt images will be rejected. You may enter up to six (6) times, but each entry must be made using a different Eligible Receipt.
To Enter without Purchase: Handprint your name, address, city, state, ZIP code, email address (if available), and daytime phone number (including area code) on a 3" x 5" card, and mail in a business-size (#10) envelope with proper postage affixed to: Ocean Spray Promotion, P.O. Box 6000, Morton Grove, IL 60053. All mail-in entries must be postmarked by January 17, 2023, and received by January 24, 2023, to be eligible. Each entry must be mailed separately. No typed, computer printed, mechanically reproduced, photocopied, illegible, or incomplete entries will be accepted, and all such entries will be void.
Entry Limit: Maximum of six (6) entries per person regardless of method of entry.
All entries received from any person that exceed the stated limitation will be disqualified. Entries made by any means which subvert the entry process will be void. Mass entries and entries generated by script, macro, or other automated means or by any means that subvert the entry process will be void. Incomplete or illegible entries will not be acknowledged. All entries become the exclusive property of Sponsor and will not be returned or acknowledged except as provided herein. In the event of a dispute as to who submitted an entry, the name of the “authorized account holder” associated with the email account will be deemed to be the entrant as long as such person is eligible and in compliance with these Official Rules. The authorized account holder of the email address is defined as the natural person who is assigned to the email address by an internet access provider, online service provider, or other organization that is responsible for assigning email addresses or the domain associated with the submitted email address. Each potential winner may be required to show proof of being the authorized account holder. If a dispute cannot be resolved to Sponsor’s satisfaction, the winning entrant may be deemed ineligible. All entries become the exclusive property of Sponsor, and none will be acknowledged or returned. Sponsor will not verify receipt of entries. Proof of submission of an entry does not constitute proof of receipt by Sponsor. Released Parties (as defined in Rule 8, below) are not responsible for entries that are late, lost, illegible, damaged, misdirected, garbled or incomplete, altered or otherwise irregular, that contain false information, that are generated by script, macro or other automated or mechanical means, that have been submitted through illicit means or by any means which subvert the entry process or that do not conform with or satisfy any or all of the conditions set out in the Official Rules. Multiple entrants are not permitted to share the same email address or Eligible Receipt for purposes of entry into the Promotion. Use of any automated program or method to enter or use of multiple email addresses to enter the Promotion more than the stated limit of six (6) entries will result in disqualification of all associated entries and of the person/email address account responsible for such entries.
Donation Program: For each valid Eligible Receipt uploaded during the Promotion Period, the Sponsor will make a donation of $1.00, which can help provide ten (10) meals through No Kid Hungry, a registered 501c3 charity. For more information about No Kid Hungry, visit https://www.nokidhungry.org. No Kid Hungry does not provide individual meals; your donations help support programs that feed kids. Learn more at NoKidHungry.org/OneDollar. Sponsor will make a minimum of a $50,000 donation to No Kid Hungry.
4. Agreement to Official Rules and Decisions: By participating, each entrant fully and unconditionally agrees to be bound by and accepts these Official Rules, and the decisions of Sponsor (including, without limitation, decisions regarding eligibility of entries, the selection of entrants and the winners, and the awarding of the prizes), which are final and binding in all respects.
5. Drawing/Odds of Winning: To be eligible for the Promotion drawing, an eligible entry must be received during the Promotion Period. The Promotion drawing will be conducted on or about January 30, 2023 (the “Drawing Date”) by the Administrator whose decisions shall be final in all matters relating to the Promotion. Five hundred (500) potential winners will be selected at random from among all eligible entries received by both entry methods combined. Odds of winning a prize will depend on the total number of eligible entries received by both entry methods combined. The entrants selected must comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements and requests of Sponsor during the verification process.
6. Prizes (500): Each prize winner will receive a retailer gift card for the total $ amount of the Eligible Receipt associated with the winning entry, rounded to the next $5 increment, up to $100. For example, if a winning Eligible Receipt totals $83.88, the prize winner will receive a retailer gift card in the amount of $85. Or, if the Eligible Receipt is for $122.23, the prize winner will receive a retailer gift card in the amount of $100. Note: If a prize winner entered by mail, the prize winner will receive a pre-paid debit card in the amount of $100. Approximate retail value (“ARV”) of each prize: up to $100. Total ARV of all prizes: up to $50,000. Prizes are non-transferable and may not be redeemed for cash. Retailer gift cards are subject to the terms and conditions imposed by the issuer and will not be replaced if lost or stolen. Prize must be accepted as awarded, and prize is awarded “AS IS” with no warranty, representation, or guarantee, express or implied, in fact or in law, made by Sponsor or for which Sponsor shall be liable, including, without limitation, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. No substitution, assignment or transfer of a prize is permitted, except by Sponsor, who reserves the right to substitute cash in lieu of a retailer gift card or another prize of greater or equal value, in the event of unavailability of the advertised prize. Winner is solely responsible for any and all costs, fees, taxes, and expenses associated with prize award, receipt, and use, including, without limitation, all federal, state, and local taxes on the prize. All details of the prize not set forth herein will be determined by Sponsor in its sole discretion. All entrants and entries are subject to verification prior to the awarding of a prize, as are the eligibility, age and other claims of/information provided by a potential winner.
7. Winner Notifications/Prize Awards/Publicity Consents: No entrant is deemed a winner until their eligibility has been verified and it is determined that they have complied with all terms of these Official Rules. As soon as reasonably practicable following the Drawing Date, potential winners will be notified by the Sponsor or Sponsor’s agent via email (“Initial Email”) and must reply to this Initial Email with their complete name, mailing address, phone number, and date of birth within five (5) days from the date the Initial Email is sent. Once a potential winner has responded to the Initial Email and if their eligibility is confirmed, they will be awarded their prize within approximately 6-8 weeks. Failure by a potential winner to respond to the Initial Email or if a potential winner is found to be ineligible, such potential winner will be disqualified and the prize will be awarded to an alternate winner. All entries become property of Sponsor and will not be returned. By accepting a prize, winner grants Sponsor and Sponsor’s agents, the right to use their name, likeness, voice, photographs, and opinions in any advertising, publicity, and promotion in any media worldwide without further compensation or permission, except wherever prohibited by law. Sponsor is not responsible for technical difficulties with telecommunications systems beyond its control or for change to a potential winner’s mailing address, email address, and/or phone number. If a prize-related communication is returned as undeliverable, prize will be forfeited. In no event will more than five hundred (500) prizes be awarded.
8. General Conditions: By participating, entrants agree to abide and be bound by these Official Rules and the decisions of the Sponsor and Administrator, which are final and binding in all matters. Each entrant forever, fully and irrevocably releases, discharge and hold harmless Sponsor, Administrator, VCG PromoRisk, Inc., and their respective parent companies, affiliates, subsidiaries, distributors, suppliers and advertising and promotion agencies associated with the Promotion, and all other service agencies involved with the design, execution or fulfillment of this Promotion, and the respective directors, officers, agents and employees of each of the foregoing (collectively, the “Released Parties”) from and against any liability, claims, losses and damages of any kind, including death, to persons or property, arising out of, or relating to, their participation in this Promotion and the acceptance, use, misuse or possession of the prize (if applicable), including as set out in Rule 9, below. Entrants who Sponsor determines to have not complied with these Official Rules are subject to disqualification. Sponsor reserves the right, at its sole discretion, to disqualify any entrant from this Promotion or any other promotion conducted now or in the future by Sponsor or any of its affiliates if Sponsor suspects or finds entrant to be: (a) violating the Official Rules; (b) tampering or attempting to tamper with the entry process, the operation of the Promotion and/or the Website; (c) acting in a disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person; or (d) attempting to undermine the legitimate operation of the Promotion by cheating, hacking, deception, or other unfair playing practices or intending to annoy, abuse, threaten or harass any other entrants, Sponsor or Sponsor’s representatives. ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION OR THE WEBSITE MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR MAY DISQUALIFY ANY SUCH INDIVIDUAL AND RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING LAWYERS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW, AND TO BAN OR DISQUALIFY AN ENTRANT FROM THIS AND FUTURE PROMOTIONS. All materials submitted become the property of Sponsor and will not be returned. By entering, entrants agree that: (a) all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, participants’ rights and obligations, and the rights and obligations of the Sponsor in connection with the Promotion, will be governed by, and construed in accordance with, the laws of the United States.
9. Binding Arbitration: Subject to applicable laws, any controversy or claim arising out of or relating to the Promotion shall be settled by binding arbitration located in Boston, Massachusetts, or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Massachusetts law consistent with the Federal Arbitration Act and applicable statutes of limitations and shall honor claims of privilege recognized at law. If any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal (other than that such claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable, or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty (60) days after the demand for arbitration is made, unless further extended by mutual agreement of the parties.
SUBJECT TO APPLICABLE LAWS, THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS PROMOTION IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES. BY PARTICIPATING IN THE PROMOTION, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR THE PRIZES AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) TO THE EXTENT ALLOWED BY APPLICABLE LAW, ENTRANT WILL NOT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONETARY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW MANDATORY ARBITRATION, WAIVER OF CLASS ACTIONS, THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO RELEVANT PORTIONS OF THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.
By entering, entrants agree that: (a) all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrants’ rights and obligations, and the rights and obligations of the Sponsor in connection with the Promotion, will be governed by, and construed in accordance with, the laws of the Commonwealth of Massachusetts in the United States, without giving effect to any choice of law or conflict of law rules (whether of Massachusetts or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than the Commonwealth of Massachusetts; and (b) any matters or proceedings which are not subject to arbitration as set forth above in this Section 8 of these Official Rules, and/or are related to entering any judgment on an arbitration award, shall take place in the Commonwealth of Massachusetts.
10. Limitation of Liability: Released Parties do not assume any responsibility for, and the entrant hereby releases and agrees to hold the Released Parties harmless from and against, any and all claims, actions, damages, demands and liabilities of whatever nature or kind arising out of, or in connection with, the entrant’s participation or attempted participation in the Promotion, including, without limitation, the administration of the Promotion, the selection and confirmation of the winners, and the arranging for, awarding of and use of the prizes or portions thereof. Without limiting the generality of the foregoing, the Released Parties are not responsible for (a) the incorrect or inaccurate capture of entry information for any reason; (b) late, lost, stolen, damaged, misdirected, garbled or incomplete Entries, transmissions or transactions, Entries that are altered or otherwise irregular, have been submitted through illicit means or do not conform with or satisfy any or all of the conditions of these Official Rules; (c) any loss, damage, or claims caused by, or in any way related to, the awarded prizes or the Promotion itself; (d) failure of the Website or any website associated with this Promotion, or any operations or transmission of information during the Promotion Period, including, without limitation, any problems, human, production or technical errors, lost, delayed, garbled or corrupted data or transmissions, omissions, interruptions, deletions, defects or failures of any telephone or transmission lines, technical malfunctions of any computer on-line systems, servers, access providers, computer equipment, software, failure of any e-mail or entry to be received on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof including, without limitation, any injury or damage to an entrant’s or any other person's computer related to or resulting from participating in or downloading any material connected to the Promotion, all of which may affect a person’s ability to participate in the Promotion; (e) any typographical or other error or omission in any printing or advertising relating to the Promotion, in the administration or execution of the Promotion, or in the announcements or notifications of the winners; (f) the security or privacy of information transmitted via computer networks or for breaches of privacy due to interference by third party computer "hackers" or otherwise; (g) any claims regarding the accepting, arranging for, awarding of or use of the prizes or any portion thereof; (h) electronic communications which are undeliverable as a result of any form of active or passive filtering of any kind; or (i) cheating or fraud by any participant. Entry material/data that has been tampered with or altered is void. Sponsor reserves the right, at its sole discretion, to amend these Official Rules for clarification purposes, at any time, in any way, and without prior notice, without materially affecting the terms and conditions of the Promotion. Without limiting the foregoing, if for any reason the Promotion is not capable of running as originally planned, including should any virus, worm, bug, technical failures, unauthorized human intervention, or other causes corrupt or affect the administration, security, fairness or proper conduct of the Promotion, Sponsor reserves the right to modify, terminate or suspend this Promotion. In the event of termination, Sponsor may randomly select the winners from among all eligible, non-suspect entries received up to date/time of such termination, or up to the date/time of the situation warranting such termination.
11. Winners’ Names: To request a list of winners (available after winners have been verified), send a self-addressed, stamped, business-size (#10) envelope by March 30, 2023 to: Ocean Spray Winners, 5550 Touhy Ave, Suite L10, Skokie, IL 60077.
13. Rules Govern: In the event of any discrepancy or inconsistency between the Official Rules and disclosures or other statements contained in any Promotion-related materials or made by any representative of Sponsor or Administrator, these Official Rules shall prevail, govern, and control.
14. Severability: The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
15. Sponsor: Ocean Spray Cranberries, Inc., 1 Ocean Spray Dr., Lakeville, MA 02347.
16. Administrator: Promotion Activators Management, LLC, 5550 Touhy Ave., Suite L10, Skokie, IL 60077.