General Rules, Terms, and Conditions
The information below is a general set of rules, terms, and conditions that apply to all sweepstakes offered by Flavors of Paradis LLC. For sweepstakes specific information, including but not limited to the beginning and end date, prize offered, forms of entry, and number of winners selected, see the official sweepstakes post. You can also contact Flavors of Paradis LLC by email at sweepstakes@flavorsofparadis.com for additional information.
Sponsorship and Endorsement
Unless otherwise stated, all sweepstakes are sponsored, endorsed, and administered by Flavors of Paradis LLC. Prizes are funded by Flavors of Paradis LLC, unless the prize is marked as a sponsorship with a partner of Flavors of Paradis LLC. Any sweepstake that is marketed on or requires entry through interactions on a social media account of Flavors of Paradis LLC is not sponsored, endorsed, or operated by the social media website and owners. This includes, but is not limited to Instagram, Facebook, Twitter, and any of their partners and affiliates. Any sweepstakes featuring a prize that is not funded, endorsed, or administered by Flavors of Paradis LLC will state so in the official sweepstakes publication.
Eligibility
Flavors of Paradis LLC sweepstakes are eligible to natural legal residents of the continental United States age 18 and older. Void outside the USA, in Puerto Rico, the US Virgin Islands, and other United States territories and possessions. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void where prohibited by law. Only one winner per eligible household is allowed within a 365-day period. If a winner is selected residing at a household which received a price in the last 365 days, the winner will be voided, and a new winner will be randomly drawn. The 365-day period begins on the date sweepstakes winners are notified. PO box addresses are not eligible for entry and winners using a PO Box will be disqualified if selected as a winner.
Selecting a Winner(s)
Winners will be selected in a random drawing from among all eligible entries collected during the entry period taking place on or about. The drawing will be conducted by Flavors of Paradis LLC, whose decisions and interpretations on all matters relating to the sweepstakes and these Official Rules are final and binding in all respects. Flavors of Paradis LLC reserves the right to disqualify any entrant or winner and may refuse to award a prize to a person who is not eligible or has violated a rule, gained unfair advantage in the sweepstakes, or obtained winner status using fraudulent means. If there is a dispute about the identity of an entrant, prize will be awarded to the natural person to whom the email address is assigned by the internet service provider responsible for the domain associated with the submitted email address. If winner is found to be ineligible or not in compliance with sweepstakes rules, winner will be disqualified and an alternate winner will be awarded the prize in a separate random drawing. Winner will be notified by email, or through so the social media platform where the sweepstakes is published. If a response to Flavors of Paradis LLC is not sent within seventy-two (72) hours after selection, it may result in disqualification of winner and an alternate winner may be selected in a random drawing at Flavor of Paradis LLC’s discretion. Prize will be sent to winner by U.S. mail within fourteen (14) days after winner has been notified and accepted the prize. If prize is returned as undeliverable, then prize will be forfeited and another winner will be randomly drawn.
Odds
The odds of winning will depend on the number of eligible entries received, according to the eligibility requirements in the Sweepstakes. Flavors of Paradis LLC will use a random number generator when selecting winners for a random and unbiased selection.
Request of Past Sweepstakes Information
The name of winner(s) and official rules of the sweepstakes is available only within sixty (60) days after the close of the Sweepstakes. To receive the name of the winner(s), where permitted by law, or a printed copy of the Sweepstakes Official Rules, please contact Flavors of Paradis LLC by email at sweepstakes@flavorsofparadis
Publicity:
Acceptance of the Prize(s) constitutes permission for Flavors of Paradis LLC and/or its designees to use the Prize winner’s name, hometown, photograph, testimonial, or other likeness and/or Prize information or personal exposition (and/or any edited portion thereof) for promotional, advertising, and/or publicity purposes in any media, now or hereafter known, throughout the world in perpetuity, without compensation or notice to, or further consent of, the Prize winner, to the extent permitted by law.
General Terms and Conditions and Limitation of Liability:
BY ENTERING THIS SWEEPSTAKES, ENTRANTS ACCEPT AND AGREE (1) TO BE BOUND BY THE ENTIRE OFFICIAL RULES, LIMITATIONS AND RESTRICTIONS SET FORTH IN THESE OFFICIAL RULES; (2) AGREE TO COMPLY WITH ANY AND ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS, RULES AND REGULATIONS; (3) THAT THEIR NAMES AND/OR LIKENESSES MAY BE DISCLOSED TO AND USED BY THE NEWS MEDIA AND MAY OTHERWISE BE USED BY FLAVORS OF PARADIS LLC FOR PUBLICITY PURPOSES; AND (4) THAT ENTRANT’S ENTRY IN THE SWEEPSTAKES SHALL BE GOVERNED BY THESE OFFICIAL RULES, AND THE COLLECTION AND USE OF ENTRANT INFORMATION SHALL BE GOVERNED BY FLAVORS OF PARADIS LLC. OTHER RULES AND REGULATIONS MAY APPLY. PLEASE CONTACT FLAVORS OF PARADIS LLC IF YOU HAVE ANY QUESTIONS. FLAVORS OF PARADIS LLC’S INTERPRETATION AND APPLICATION OF THE RULES AND REGULATIONS SHALL BE FINAL.
BY ENTERING THIS SWEEPSTAKES, EACH PARTICIPANT RELEASES FLAVORS OF PARADIS LLC, AND EACH OF THEIR DIRECTORS, OFFICERS, EMPLOYEES AGENTS, VOLUNTEERS, OR REPRESENTATIVES (“RELEASED PARTIES”) FROM ANY AND ALL LIABILITY FOR INJURIES, LOSSES OR DAMAGES OF ANY KIND CAUSED BY PARTICIPATING IN THE SWEEPSTAKES OR WINNING ANY PRIZE OR RESULTING FROM ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE, AND THE WINNER AGREES TO INDEMNIFY AND HOLD THE RELEASED PARTIES HARMLESS FROM ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS AND ACTIONS OF ANY KIND ARISING FROM, IN CONNECTION WITH, OR AS A RESULT OF PARTICIPATING IN THE SWEEPSTAKES OR THE WINNER’S ACCEPTANCE OR USE OF THE PRIZE.
The Prize winner or winners assume all fees, local, state and federal taxes (including, but not limited to, income taxes based on the value of the Prize(s)), financing costs (including, but not limited to, closing costs, title insurance, and transfer tax and fees). The Released Parties take no responsibility for any tax liabilities. Consult your tax advisor. This Sweepstakes is void where prohibited by law, and all federal, state and local laws and regulations apply.
A PARTICIPANT’S SOLE AND EXCLUSIVE REMEDY FOR A BREACH BY THE RELEASED PARTIES SHALL BE LIMITED TO THE RETURN OF THE COST FOR HIS OR HER SWEEPSTAKES TICKET(S). IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO ANY PARTY FOR ANY LOSS OR INJURIES TO EARNINGS, PROFITS OR GOODWILL, OR FOR ANY INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY PERSON OR ENTITY WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The Prize(s) will be transferred to the Prize winner(s) “AS IS, WHERE IS, AND WITH ALL FAULTS.” THE RELEASED PARTIES DO NOT PROVIDE ANY GUARANTEE OR WARRANTY, EXPRESSED OR IMPLIED, IN CONNECTION WITH THE PRIZE OR PRIZES AND ACCEPTS NO LIABILITY OR RESPONSIBILITY REGARDING THE CONSTRUCTION OR CONDITION OF THE PRIZE OR PRIZES. THE RELEASED PARTIES DO NOT WARRANT THAT THE PRIZE OR PRIZES ARE OF MERCHANTABLE QUALITY OR THAT THEY CAN BE USED FOR ANY PARTICULAR PURPOSE. NO EXPRESS WARRANTIES ARE GIVEN AND NO AFFIRMATION OF THE RELEASED PARTIES BY WORDS AND/OR ACTIONS WILL CONSTITUTE A WARRANTY. PRIZES CANNOT BE TRANSFERRED, SOLD, SUBSTITUTED, OR REDEEMED FOR CASH BY THE WINNER(S). FLAVORS OF PARADOS LLC RESERVES THE RIGHT TO SUBSTITUTE A PRIZE OF COMPARABLE OR GREATER VALUE IN FLAVORS OF PARADIS LLC’S SOLE DISCRETION. PRIZE MAY BE SUBJECT TO AVAILABILITY RESTRICTIONS IN CERTAIN JURISDICTIONS BASED ON LICENSING, IMPORT, MANUFACTURING CONSTRAINTS OR DISTRIBUTION REGULATIONS OR OTHER LEGAL RESTRICTIONS. IN SUCH CIRCUMSTANCES, THE WINNER MAY BE REQUIRED TO ACCEPT A CASH ALTERNATIVE.
The Sweepstakes is void where prohibited or restricted by law. Flavors of Paradis LLC reserves the right to cancel, suspend and/or modify the Sweepstakes if any fraud or other problem impacts the fair administration, security, or proper play of the Sweepstakes, as determined by the Flavors of Paradis LLC at its sole discretion. In such event, Flavors of Paradis LLC reserves the right to award the Prize(s) according to the “Selection of Winner” criteria from among the eligible Sweepstakes Tickets received as of the date of impairment. Notice of such action will be posted. Flavors of Paradis LLC reserves the right to disqualify any individual it determines, in its sole discretion, has tampered or intends to tamper with the entry process or the operation of the Sweepstakes, or is acting in violation of these Official Sweepstakes Rules and Regulations or in an unsportsmanlike or disruptive manner. The use of robotic, automatic, macro, programmed, photocopied entries, or multiple entries sent in bulk mail, or like methods, including without limitation the use of any promotion/sweepstakes subscription, notification entry or like sites or services that offers sweepstakes entry services “on behalf of” Entrant, is strictly prohibited. Any attempt by any Participant to obtain more than the stated number of Entries by using multiple/different email addresses, phone numbers, identities, registrations and logins, or any other methods will void that Participant’s Entries and that Participant will be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any entry application, the authorized account holder of the email address, if applicable, used to register will be deemed to be the Entrant. Except in the case of gift entries, all Entries must be made in the name of the individual and no transfer of ownership of a ticket is permitted. No Entries or requests for Entries will be accepted from or on behalf of, corporations, trusts, partnerships, or other entities. Any attempt to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Flavors of Paradis LLC reserves the right to seek damages from any such person to the fullest extent permitted by law. Flavors of Paradis LLC’s delay or failure to enforce any term or provision of these Official Sweepstakes Rules and Regulations shall not constitute a waiver of that provision.
All federal and state income taxes based on the value of the Prize(s) will be due from the Prize winner(s). Flavors of Paradis LLC makes no guarantee that the prize winner(s) will be able to sell the Prize(s) for the value of the tax liability, nor is there any guarantee that the Internal Revenue Service (IRS) will accept the value of the Prize(s) for the purpose of determining any income tax that may be due from the Prize winner(s). Flavors of Paradis LLC takes no responsibility for any Prize winner tax liabilities. Prize winner(s) is responsible for the reporting and payment of all taxes (if any) as well as any other costs and expenses associated with acceptance and use of the Prize(s) not specified herein as being awarded.
Dispute Resolution:
Except where prohibited by law, as a condition of participating in this Sweepstakes, each Participant agrees that (1) any and all disputes and causes of action arising out of or connected with these Sweepstakes, including but not limited to Prize awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) (pursuant to its expedited procedures) and held at the AAA regional office nearest the Participant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will any Participant be permitted to obtain awards for, and Participant hereby waives all rights to claim, punitive, incidental, or consequential damages, or any other damages, including attorneys’ fees, other than Participant’s actual out-of-pocket expenses (i.e., costs associated with participating in this Sweepstakes), and Participant further waives all rights to have damages multiplied or increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Participant and Flavors of Paradis LLC in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New Hampshire, without giving effect to any choice of law or conflict of law rules (whether of the State of New Hampshire or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New Hampshire.