MOODY'S MEDICINALS #HANGWITHIVAN SWEEPSTAKES
NO PURCHASE OF CBD PRODUCTS OR PURCHASE OF ANY KIND NECESSARY TO ENTER OR WIN A PRIZE IN THE SWEEPSTAKES. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
PROMOTION PERIOD: The Moody's Medicinals #HangWithIvan Sweepstakes (the “Sweepstakes”) begins at 12:00 AM Pacific Time (“PT”) on October 1, 2020, and ends at 11:59:59 PM PT on October 31, 2020 (the “Promotion Period”).
ELIGIBILITY: The Sweepstakes is open only to legal residents of the fifty (50) United States and the District of Columbia, who are eighteen (18) years of age or older as of date of entry. Employees of ILM Distribution LTD (“Sponsor”), Don Jagoda Associates, Inc. (“Administrator”), their respective parents, subsidiaries, divisions, affiliates, suppliers, distributors and advertising, promotional and judging agencies (collectively, “Released Parties”), any person affiliated with the CBD industry, including but not limited to retailers of CBD products, and their immediate and extended family members (including but not limited to spouses, domestic partners, parents, children, and siblings) and household members of each (whether related or not) are not eligible to participate or win. Void where prohibited by law. All federal, state and local laws and regulations apply. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
THREE (3) WAYS TO ENTER:
VIA THE WEBSITE: During the Promotion Period, visit moodysmedicinals.com ("Website”). Eligible customers who make a qualifying purchase of one (1) or more Moody's Medicinals products (“Qualifying Purchase”) at the Website during the Promotion Period will automatically receive one (1) entry into the Sweepstakes for each completed transaction (“Website Entry” or "Entry"). In order to be a Qualifying Purchase, the transaction must post/settle with the entrant's credit card or valid form of payment during the Promotion Period. Note: Moody's Medicinals products are subject to availability and may change, at Sponsor's sole discretion. Limit one (1) Website Entry per person or email address/per transaction.
TO ENTER BY MAIL WITHOUT PURCHASE OR OBLIGATION: Hand-print your complete name, street address, city, state, ZIP code, and daytime telephone number (including area code), and a valid email address on a plain piece of 3" x 5" paper, and mail it in a business-size (#10) envelope with sufficient postage affixed, to: Moody's Medicinals #HangWithIvan Sweepstakes, P.O. Box 7757, Melville, NY 11775-7757. Mailed entries must be postmarked by October 31, 2020 and received by November 9, 2020 in order to be eligible for the Random Prize Drawing. Enter as often as you wish; but each mailed entry must be mailed in a separate postmarked-and-stamped envelope. Entries that are mechanically reproduced, copied, illegible, incomplete, postage-due or inaccurate and entries by any means which subvert the entry process are void. Entries become the property of the Sponsor and will not be acknowledged or returned. Incomplete entries or entries not complying with these Official Rules are subject to disqualification, at the Sponsor’s sole discretion. Proof of mailing does not constitute proof of delivery.
Any attempt by any entrant to obtain more than the stated number of Entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that entrant's Entries and that entrant may be disqualified. Normal internet access and data charges imposed by your internet/wireless phone service provider may apply. See your internet/wireless provider for pricing plan details. Entries generated by script, macro or other automated means and Entries by any means which subvert the Entry process are void. Entries will not be acknowledged or returned. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected Entries, which will be disqualified. Any use of robotic, repetitive, automatic, programmed or similar Entry methods or agents (including, but not limited to, sweepstakes entry services to create fraudulent email addresses, Instagram accounts and/or identities) will void all Entries by that entrant. In the event of a dispute as to any Entry, the authorized account holder of the email address associated with the Instagram account used to enter will be deemed the entrant. “Authorized email account holder" is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Potential winner may be required to show proof of being the authorized account holder associated with the Entry.
Entries may not contain, as determined by Sponsor’s sole discretion, any content that:
- Violates or infringes another's rights, including, but not limited to, privacy, publicity, or intellectual property rights, including copyright infringement, or legal or moral rights of any third party, living or deceased (e.g., celebrities, public figures, animated characters, names, logos, symbols, slogans from other people, companies or parodies of other people or other companies);
- Is sexually explicit or suggestive; unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; obscene or offensive;
- Promotes irresponsible or excessive consumption of alcohol; or promotes illegal drugs, tobacco, firearms/weapons, or any particular political agenda or message;
- Defames, misrepresents or contains disparaging remarks about Sponsor, the Released Parties, or their respective products and services, or other people, products or companies;
- Tags or references any individual under the age of eighteen (18);
- Contains trademarks, trade names, trade secrets or copyrighted materials owned by others;
- Contains any personal identification, such as license plate numbers, personal names, email or street addresses;
- Contains competitive products of Sponsor;
- Communicates messages inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; and/or
- Violates any law or infringes upon the rights of your company or any other company.
Sponsor reserves the right to monitor Entries and to disqualify any Entry that is deemed to be inappropriate. Sponsor has no obligation to use or post any Entry submitted. The use of an Entry by Sponsor does not have any effect on the winner selection process. By submitting an Entry, you warrant and represent that your Entry is original and was created solely by you and that use of the Entry as described herein will not violate any law or infringe upon the rights of any third party. If, in the sole discretion of Sponsor, an Entry violates any law or infringes upon the rights of any third party, is inaccurate, incomplete or irregular in any way, or otherwise does not comply with the Official Rules, the Sponsor may disqualify that Entry. Sponsor is not responsible for lost, late, un-received, damaged, incomplete, invalid, unintelligible, garbled, delayed or misdirected Entries, failure to receive Entries due to limitations of third-party social network platforms, Entries that are lost due to computer or electronic malfunction or other error or Entries not received for any reason. ALL ENTRIES MUST BE RECEIVED BY 11:59:59 PM PT ON OCTOBER 31, 2020.
INTELLECTUAL PROPERTY RIGHTS: Entries posted are the views/opinions of the individual entrant and do not reflect the views of Sponsor in any manner. By participating in the Sweepstakes, each entrant grants Sponsor a perpetual, worldwide, irrevocable, exclusive, assignable, transferable, unqualified, unrestricted, royalty-free license and the right to edit, modify, publish, use, reuse, not use, distribute, publicly display, copy and otherwise exploit the Entry or any part thereof (with or without the entrant’s name), and any materials based thereon or derived from, in any manner and in any media (whether now known or later developed), for any lawful purposes whatsoever (noncommercial or commercial), including, without limitation, for use in the commercial packaging and point-of-sale materials, or for promotion, marketing or advertising of Sponsor and each of their respective brands and/or products in any medium (whether now or hereafter known) throughout the world in perpetuity without further permission, notification, consideration, or payment to the entrant, except where prohibited by law. In addition, each entrant forever waives in favor of Sponsor all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that may preclude the use of the Entry (or any part thereof) as granted herein, or require entrant’s permission to use the Entry (or any part thereof) for the purposes stated herein.
DIGITAL MILLENNIUM COPYRIGHT ACT: Once an Entry is entered into the Sweepstakes, any such posting will be deemed made at the direction of the entrant within the meaning of the Digital Millennium Copyright Act and the Communications Decency Act. EACH ENTRANT REPRESENTS, UNDERSTANDS AND ACKNOWLEDGES THAT HE/SHE WILL NOT BE PAID FOR OR RECEIVE ANY FORM OF COMPENSATION OR ROYALTY (OTHER THAN THE PRIZE STATED HEREIN IF SELECTED AS A PRIZE WINNER) IN EXCHANGE FOR GRANTING SPONSOR THE NON-EXCLUSIVE LICENSE RIGHTS OR FOR ANY SUBSEQUENT USE OF SUCH SUBMISSION BY SPONSOR. If requested, entrant will sign any documentation that may be required for Sponsor or its agents to make use of the non-exclusive rights entrant is granting to use the Entry.
RANDOM DRAWING: A random drawing will be conducted on or about November 13, 2020 to select one (1) Grand Prize winner from among all eligible Entries received during the Promotion Period. Random drawing will be conducted by Administrator, an independent judging organization whose decisions are final on all matters relating to the Sweepstakes. The odds of winning the Grand Prize will depend on the total number of eligible Entries received during the Promotion Period.
WINNER NOTIFICATION: One (1) potential winner will be contacted by Sponsor (or Administrator on Sponsor's behalf) via direct message on Instagram and will be asked to provide additional information back to the Sponsor/Administrator, including email address (if applicable), for verification of eligibility and mailing address for prize fulfillment. Potential winner will be required to respond to the notification within twenty-four (24) hours indicating whether he/she can accept the prize. If the potential winner does not respond to the notification within the twenty-four (24) hour time period, the prize will be forfeited and an alternate potential winner will be selected. Noncompliance within this time frame, return of prize or prize notification as undeliverable, or declining the prize for any reason, will result in disqualification without further notice and selection of an alternate winner in a random drawing from among all remaining eligible Entries. Sponsor/Administrator will attempt to contact up to three (3) alternate potential prize winners should an original prize winner not respond in order to award the prize. In the event that none of the three (3) alternate potential prize winners respond to the notification the prize will not be awarded.
Potential winner may be required to provide a copy of his/her government issued photo identification and complete, sign and return a declaration of eligibility and liability and, unless prohibited by law, publicity release to Sponsor or its agents within forty-eight (48) hours of prize acceptance (“Declaration”). Subject to verification of eligibility and compliance with the terms of these Official Rules, including verification that the winner is eighteen (18) years of age or older, the potential winner will be declared an official winner of the Sweepstakes. If Sponsor cannot verify that the potential winner is eighteen (18) years of age or older prior to winner notification, then the potential winner will be disqualified and an alternate potential winner will be selected. Winner must provide Sponsor with his/her social security number for tax purposes; Sponsor will issue an IRS Form 1099 in January following the year the prize is awarded.
Prize will be awarded provided it is properly claimed. Sponsor is not responsible for suspended or discontinued Internet, wireless, or land-line phone service or a change in an entrant’s email, phone number or mailing address which may result in a potential winner not receiving initial prize notification or his/her prize information.
PRIZE & APPROXIMATE RETAIL VALUE (“ARV”): One (1) Grand Prize: The opportunity to "Hang With Ivan" in Las Vegas, NV consisting of a 4-day/3-night trip for two (2) people (winner and 1 guest) to Las Vegas, NV, scheduled to take place on dates designated by Sponsor in 2021. Prize includes round-trip economy class air transportation for two (2) people from a major U.S. gateway airport nearest the winner’s home, transportation to/from airport and hotel, hotel accommodations (one room, double occupancy) at a hotel in Las Vegas, NV to be designated by Sponsor, spending money in the amount of five hundred dollars ($500) awarded in the form of a check to the winner, and the opportunity for the winner and guest to watch a televised professional sporting event with Ivan L. Moody (subject to availability) at a location in Las Vegas, NV to be designated by Sponsor (the “Event”). ARV: $3,950. Actual value of trip depends upon the city of departure, time of travel, any airfare fluctuations and or current market conditions at time of prize fulfillment, and any difference between the stated ARV and the actual value if any, will not be awarded. Any and all other costs and expenses associated with prize acceptance and use not specifically stated within these Official Rules as being provided, are the sole responsibility of the winner, including, without limitation, all federal, state, and local taxes, additional transportation, meals and beverages, luggage fees, gratuities, and souvenirs. Prize details are at Sponsor’s sole discretion.
Grand Prize Travel Restrictions/Conditions: Winner and guest must be able to travel on dates specified by Sponsor in 2021 or prize will be forfeited. If winner is at least eighteen (18) but still considered a minor in his/her state or place of residence, prize may be awarded in the name of his/her parent or legal guardian, who will be responsible for fulfilling all requirements imposed on winner as set forth herein. Such parent or legal guardian may also be required to accompany minor winner on trip. Guest of winner must be of legal age of majority in his/her jurisdiction of residence (and at least 18) unless a child or legal ward of winner; then winner will be required to execute and return such documents on behalf of such child or legal ward. Trip is subject to air/hotel availability and other conditions and restrictions. If the winner lives within 100 miles of Las Vegas, NV, the air transportation portion of trip will not be awarded and ground transportation will be substituted and no additional compensation or substitution will be provided. Airline/flight times to be selected by Sponsor at its sole discretion; one or more stopovers may be required. Once trip has been booked, no change, extension or substitution of trip dates is permitted except by Sponsor, in its sole discretion. Sponsor will not replace any lost or stolen tickets, travel vouchers or similar items once they are in winner’s possession or in the possession of a guest. The Sponsor and the Released Parties shall not be responsible for any cancellations, delays, diversions, substitutions, or any acts or omissions whatsoever by the air carrier(s), hotel, or other transportation companies or any other persons providing any of these services and accommodations to passengers, including any results thereof, such as changes in services or accommodations necessitated by same. Prize conditions may be added or modified by companies providing those portions of the prize. The prize restrictions/conditions stated herein are not all-inclusive and may be subject to additional restrictions/conditions, which may be stated in the Declaration and/or prize travel documents. Winner and guest are responsible for obtaining travel documents as well as travel insurance (and all other forms of insurance), that they may wish to obtain for the trip (at their own expense) and hereby acknowledge that the Sponsor and the Released Parties have not and will not obtain or provide travel insurance or any other form of insurance for the trip. Winner and his/her guest must arrive at the designated U.S. gateway airport in time for the flight.
Event Code of Conduct: The Event portion of the Grand Prize will be conducted under the supervision of Sponsor and its event representatives ("Event Staff"). The conduct of the winner and guest will be under the supervision of Sponsor and Event Staff whose decisions are final and binding in all aspects relating to the Event. The winner and his/her guest may be removed from the Event premises at the sole discretion of the Sponsor or Event Staff for any reason at any time, including but not limited to the advice of the Event staff, creating an unauthorized disturbance, interruption or unnecessarily rough physical contact, or for any unhealthy, unsafe, or inappropriate act. For the safety of Ivan L. Moody, winner and guest may be subject to a state or federal background check and hereby agree to such background check. If the winner or guest who in the opinion of the Sponsor or Event Staff is considered a physical or mental threat to the well-being of any other person attending and/or participating in the Event or Event staff, he/she may be removed from the Event premises, and not entitled to complete the Event. During the Event, winner and guest must be dressed in an appropriate manner (clothing must cover all private body parts), must not have any firearms or weapons of any kind in his/her possession, must not be drinking alcohol, smoking or vaping, or appear to be intoxicated or under the influence of drugs, and are not permitted to engage in any overt sexual activities or have any overt sexual contact with another person. Any act performed by the winner or guest defined by Federal, State or Local statute or ordinance as constituting a criminal act may result in removal from the Event premises. At the sole discretion of the Sponsor and Event Staff, if the winner or guest uses profanity or demonstrates any lewd or sexually suggestive gestures or full or partial nudity, the Sponsor shall have the right to remove that individual from the Event premises. At the sole discretion of the Sponsor and Event Staff, if the winner or guest creates the potential for death, disability, injury and/or property damage during the Event, the Sponsor and/or the Event Staff, shall have the right to remove that individual from the Event premises. The Event will be videotaped and edited and may be posted on Sponsor's website, Youtube.com and any other social channel designated by Sponsor. Sponsor has the right to publish, display, use, adapt, edit and/or modify the Event Video in any way, in commerce and in any and all media worldwide now known or hereinafter invented, without time limitation and without further consideration to the winner or guest. Winner and guest appearing in the Event Video may be required to execute a separate publicity release. Further, the winner and guest each acknowledge and agree that he/she/they will have no creative or financial involvement or input in the production of the Event Video and will not receive any initial or residual payment or compensation for such video production. These Official Rules do not constitute an employment agreement. The Sponsor reserves the right not to post the Event Video for any reason whatsoever. If any portion of prize or Event is unable to take place as planned for any reason, including but not limited to, cancellation, scheduling conflicts, lockout, labor dispute, strike, inclement weather, or an event of Force Majeure, as defined below, the remaining components of the prize will be awarded and Sponsor’s obligation to the winner will be fulfilled, and no other additional compensation or substitution will be provided.
GENERAL CONDITIONS, RELEASE AND LIMITATION OF LIABILITY: No transfer, assignment, substitution or cash equivalent for the prize will be permitted, except at the sole discretion of the Sponsor due to prize unavailability for any reason. In such circumstance, an alternate prize of equal value will be awarded (except as specifically stated above) and Sponsor’s obligation to the winner will be fulfilled, and no other additional compensation will be provided. Sponsor will not pay for or offset any tax liability on any prize. The Sponsor and the Released Parties assume no responsibility or liability for damages, losses or injury resulting from acceptance, use or misuse of the winner and guest irrevocably waives all claims against the Sponsor and agrees that the Sponsor will have no liability or responsibility for any claim arising in connection with participation in this Sweepstakes, the prizes awarded, personal injury, or wrongful death, a potentially heightened risk of exposure to communicable diseases, viruses, bacteria or illnesses (including, without limitation, COVID-19) and the causes thereof, and sickness arising as a result of winner and guest participating in the Sweepstakes and related activities, wherever, whenever or however the same may occur. Winner and guest fully understands that (a) the novel coronavirus SARS-CoV-2 and any resulting disease (together with any mutation, adaptation or variation thereof, “COVID-19”) is extremely contagious and there is an inherent risk of exposure to COVID-19 in any place where people are or have been present; (b) no precautions, including the protocols that will be implemented from time to time by the Nevada Department of Health and Human Services (collectively, the “Protocols”), can eliminate the risk of exposure to COVID-19; (c) while people of all ages and health conditions have been adversely affected by COVID-19, certain people have been identified by public health authorities as having greater risk based on age and/or underlying medical conditions; and (d) exposure to COVID-19 can result in being subject to quarantine requirements, illness, disability, other short-term and long-term health effects, and/or death, regardless of age or health condition.
In no event will more than the stated number of prizes be awarded. Entrants/winner agree to release, discharge, and hold harmless the Sponsor, the Released Parties, and Instagram from and against any and all liability (including damages caused or claimed to be caused) arising out of participation and/or acceptance/use of the prize, and agree to be bound by the Official Rules and the Sponsor’s and Administrator’s decisions, which are final. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes materials and the terms and conditions of the Official Rules, the English version of the Official Rules shall prevail, govern and control. The Sponsor and the Released Parties are not responsible for any typographical or other error in the printing of the Sweepstakes material, administration of the Sweepstakes or in the announcement of the prizes. NOTICE: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. The Sponsor and the Released Parties are not responsible for faulty, incorrect, undeliverable or mis-transcribed phone/email transmissions, incorrect announcements of any kind, technical hardware or software failures of any kind including any injury or damage to any person's computer, phone or any device related to or resulting from participating in or experiencing any materials in connection with the Sweepstakes, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer or device transmission that may limit a user's ability to participate in the Sweepstakes. All entrants understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state, territory, or country that may be applicable with respect to the foregoing release are hereby expressly and forever waived. All participating entrants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims. The Sponsor and the Released Parties assume no responsibility for undeliverable emails, including but not limited to those resulting from any form of active or passive email filtering by a user's Internet service provider and/or email client or for insufficient space in user's email account to receive email. Sponsor reserves the right to cancel or modify the Sweepstakes if fraud, misconduct or technical failures threaten the integrity of the Sweepstakes; or if a computer virus, bug, or other technical problem corrupts the administration or security of the Sweepstakes as determined by Sponsor and Administrator, in their sole discretion. In the event of termination, a notice will be posted online and the drawing for the prize will be conducted from among all eligible Entries received during the Promotion Period prior to termination. Any damage made to the Website or Sponsor’s Instagram page/account by an entrant will be the responsibility of the entrant and/or the authorized email account holder of the email address submitted at the time of Entry. Sponsor reserves the right to prohibit the participation of an individual if fraud or tampering is suspected or if the individual fails to comply with any requirement of participation as stated herein or with any provision in these Official Rules.
PUBLICITY: Acceptance of any prize constitutes permission for the Sponsor and its agencies to use winner's name and/or likeness and Entry for purposes of advertising and trade without further compensation, including a winner list, unless prohibited by law.
FORCE MAJEURE: In the event an insufficient number of eligible entries are received to award the prize and/or Sponsor is prevented from awarding the prize or continuing with this Sweepstakes as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health or other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal, state/provincial or local government law, order, regulation, or guideline, public health crisis or pandemic (e.g., Coronavirus), order of any court or jurisdiction, or other cause not reasonably within Sponsor's control (each a "Force Majeure" event or occurrence), then Sponsor shall have the right to modify, suspend, or terminate this Sweepstakes. If the Sweepstakes is terminated before the designated end date, Sponsor will (if possible) select the potential winner in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each entrant's sole and exclusive remedy under such circumstances.
DISPUTES: THIS SWEEPSTAKES IS GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF CALIFORNIA, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Sweepstakes, each entrant agrees that any and all disputes that cannot be resolved between the parties, and all causes of action arising out of or connected with this Sweepstakes, shall be resolved individually without resort to any form of class action and exclusively before a court having jurisdiction located in Los Angeles County, California. In any such dispute, under no circumstances will entrant be permitted to obtain awards for, and hereby waives all rights to claim, punitive, incidental or consequential damages, including reasonable attorneys’ fees, other than entrant’s actual out-of-pocket expenses (e.g., evidenced costs associated with entering this Sweepstakes). Entrant further waives all rights to have damages multiplied or increased.
WINNER: For the name of the winner, available after November 30, 2020, mail a self-addressed, stamped envelope by December 31, 2020 to: Moody's Medicinals #HangWithIvan Sweepstakes Winner, c/o Don Jagoda Associates, Inc., 100 Marcus Drive, Melville, NY 11747.
SPONSOR: ILM Distribution LTD, 5950 Canoga Ave., Ste 510, Woodland Hills, CA 91367.
ADMINISTRATOR: Don Jagoda Associates, Inc., 100 Marcus Drive, Melville, NY 11747.
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram. You understand that you are providing your information to Sponsor and not to Instagram.