Survey Terms and Conditions
You are providing your information to Dixie Brands, Inc., Left Bank, LLC, a Colorado limited liability company, d/b/a Dixie Elixirs & Edibles and LivWell not any other third party platform.
Consumer Preference Survey
By entering this Contest, each entrant accepts and agrees to be bound by these Official Rules and Consumer Disclosure (these “Official Rules”). Any violation of these Official Rules may result in disqualification. All decisions of the Sponsor regarding this Contest are final and binding in all respects.
- NO PURCHASE: NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
- SPONSOR: The sponsor of this Contest is Dixie Brands, Inc., Left Bank, LLC, a Colorado limited liability company, d/b/a Dixie Elixirs & Edibles, and LivWell (“Sponsor”).
- CONTEST PERIOD: The Contest will begin on or about December 17, 2015 and end or about December 24, 2015. The period for submitting entries will be from 12:00 a.m. MST on December 17, 2015 through 11:59.p.m. MST on December 24, 2015 (“Entry Period”).
- ELIGIBILITY: The Contest is open only to legal residents of the state of Colorado who are 21 years of age or older as of the time of entry or are 18 and older with a valid medical marijuana card. Entrants agree to be fully bound by the terms of these Official Rules. Only one (1) entry per person. Only one (1) prize per household for the Contest. Employees of Sponsor and members of the immediate family of any such persons are not eligible to participate and win. The term “immediate family” includes spouses, siblings, parents, children, grandparents, and grandchildren, whether as “in-laws,” or by current or past marriage(s), remarriage(s), adoption, co-habitation or other family extension, and any other persons residing at the same household whether or not related.
- PRIZES: The prize(s) that may be awarded to the eligible winner(s) includes a $1,000 Visa Gift Card. The prize(s) that may be awarded to the eligible winner(s) are not transferable, redeemable for cash or exchangeable for any other prize. Winner(s) must present state authorized identification and other proof of eligibility requested by Sponsor prior to being awarded a prize. All prizes are contingent upon the eligible winner (i) being qualified, in the sole opinion of Sponsor and under Colorado law. If a winner cannot be contacted or is disqualified for any reason, Sponsor reserves the right to determine an alternate winner and/or not to award that winner’s prize, in its sole discretion.
- ODDS: The odds of winning depend upon the number of eligible entries received.
- HOW TO ENTER CONTEST: Each eligible entrant may be permitted to enter the Contest by submitting a completed survey form, located at https://www.surveymonkey.com/r/DS7PDHL. This Contest is in no way no way sponsored by, endorsed by, administered by, affiliated with, or administered by any other third party platforms.
- WINNER SELECTION(S): On or within 24 hour of the end of the submittal period, a winner will be notified by Sponsor. Sponsor reserves the right to increase the number of potential winners in connection with the Contest in its sole and absolute discretion. If a potential winner does not complete the verification process set forth in Section 10 below on or before three (3) days following the date Sponsor first attempts to notify the potential winner, such potential winner automatically forfeits all rights to win the Contest and/or receive a prize, and an alternate potential winner may be selected by Sponsor. A potential winner will only constitute and be declared a “winner” of the Contest if he or she fully complies with these Official Rules and upon completion of the verification process set forth in Section 10 below. The ARV of the prize set forth above represents Sponsor’s good faith determination of the ARV thereof and cannot be challenged or appealed. In the event the ARV of a prize is more than the actual retail value of the prize, the difference will not be awarded in cash or otherwise.
- VERIFICATION OF WINNER: A potential winner must complete and return to Sponsor all documentation required by Sponsor. A potential winner must present state authorized identification and other proof of eligibility requested by Sponsor. All prizes are contingent upon the potential winner and his/her guests (i) being qualified, in the sole opinion of Sponsor and under Colorado law, and (ii) agreeing to and executing Sponsor’s Dixie Elixirs marketing release and general release of liability.
- PUBLICITY; USE OF PERSONAL INFORMATION: By entering the Contest, entrants consent to Sponsor’s use of their name, likeness, image and information for advertising, publicity and promotional purposes without compensation, except where prohibited by applicable law.
- CONSUMER CREATED CONTENT: By participating in the Contest: (1) each entrant agrees that his or her Submission is gratuitous, unsolicited and without restriction and will not place Sponsor under any fiduciary or other obligation, (3) each entrant represents and warrants that he or she is the owner and producer of his or her Submission and that the Submission does not violate the rights of any third party, and (4) each entrants hereby grants Sponsor a perpetual, worldwide, non- exclusive, royalty-free, sub-licensable (through multiple tiers) right and license to use, publish, reproduce, display, perform, adapt, modify, distribute and promote his or her Submission in any form, in all media now known or hereinafter created, anywhere in the world, for any purpose whatsoever.
- RELEASE: By entering the Contest, each entrant warrants that he or she has read and agrees to abide by these Official Rules and that he or she is not prohibited from participating in the Contest. Each entrant hereby releases and agrees to indemnify and hold harmless Sponsor, Facebook and their respective affiliates, subsidiaries, advertising and promotions agencies, and each of their respective agents, representatives, members, shareholders, managers, directors, officers, agents, employees, contractors, attorneys, successors and assigns (collectively, “Released Parties”) from and against any injuries, losses, damages, claims, actions, or liability of any kind resulting from or arising from the entrant’s participation in the Contest, including without limitation, personal injury, death, property damage, claims based on publicity rights, defamation, invasion of privacy, or acceptance, possession, use, misuse or non-use of any prize that may be awarded. Released Parties are not responsible for printing or typographical errors in any Contest related materials; for transactions or entries that are lost, stolen, late, misdirected, damaged, incomplete, inaccurate, garbled, fail to enter into the processing system, or are processed, reported, or transmitted late or incorrectly or are lost for any reason including computer, telephone, paper transfer, human or other error; or for electronic, computer, or telephonic malfunction or error, including inability to access any website associated with this Contest, or process any transaction thereon.
- GENERAL DISCLAIMER: RELEASED PARTIES MAKE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, AS REGARDS THIS CONTEST OR THE MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY PRIZE OR ANY COMPONENT OF ANY PRIZE. EXCEPT AS PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL ANY RELEASED PARTY BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND EXCEPT ACTUAL OUT-OF-POCKET DAMAGES (EXCLUDING ATTORNEYS’ FEES) ASSOCIATED WITH PARTICIPATION IN THIS CONTEST, AND EACH ENTRANT WAIVES ANY CLAMS FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF HIS OR HER PARTICIPATION IN THE CONTEST, THE USE OF ANY SUBMISSION, OR ACCESS TO OR USE OF WEBSITES OF SPONSOR OR FACEBOOK.
- TAXATION DISCLAIMER: ALL FEDERAL, STATE AND/OR LOCAL INCOME AND OTHER TAXES, IF ANY, ARE THE WINNER’S SOLE RESPONSIBILITY. NEITHER SPONSOR NOR ANY RELEASED PARTY HAS MADE OR MAKES ANY REPRESENTATION OR WARRANTY REGARDING THE TAX EFFECTS OF WINNING THE PRIZE. EACH ENTRANT SHOULD CONSULT HIS OR HER OWN TAX ADVISER AS TO THE SPECIFIC CONSEQUENCES IF SUCH ENTRANT WINS A PRIZE, INCLUDING THE APPLICATION AND EFFECT OF FEDERAL, STATE, AND LOCAL INCOME AND OTHER TAX LAWS AND OF ANY POSSIBLE CHANGES IN ANY SUCH APPLICABLE TAX LAWS. THE INTERNAL REVENUE SERVICE REQUIRES A FORM 1099 MISC TO BE ISSUED AND FILED FOR ANY PRIZE WINNER IF THE ANNUAL AGGREGATE VALUE OF THE PRIZES RECEIVED IS $600 OR MORE. SPONSOR WILL ISSUE A FORM 1099 MISC TO ANY PRIZE WINNER FOR THE ARV OF THE PRIZE. ALL FEDERAL, STATE AND LOCAL TAXES ARE THE RESPONSIBILITY OF THE GRAND PRIZE WINNER.
- SOLE AND ABSOLUTE DISCRETION: ALL DETERMINATIONS OR DECISIONS MADE BY SPONSOR OR ANY OF ITS OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, OR AFFILIATES IN CONNECTION WITH ADMINISTERING THE CONTEST, GRANTING AND REVOKING ANY PRIZE AND OTHERWISE APPLYING THESE OFFICIAL RULES MAY BE MADE BY EACH IN ITS, HIS OR HER SOLE AND ABSOLUTE DISCRETION, WILL BE CONSIDERED FINAL, AND WILL NOT BE SUBJECT TO APPEAL OR REVIEW.
- RIGHTS RESERVED: Sponsor reserves the right to suspend or cancel the Contest or modify these Official Rules as necessary for any reason or as required by applicable law. Sponsor reserves the right, at its sole discretion, to disqualify from the Contest, and ban from any future promotions, any person it believes to have intentionally violated these Official Rules or tampered with any element of the Contest without notice to the disqualified or banned person. ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY VIOLATE CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
- GOVERNING LAW; VENUE: The construction, validity, interpretation and enforceability of these Official Rules, and the rights and obligations of entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with the laws of the state of Colorado, without giving effect to any choice of law or conflict of laws rules or provisions. Any legal claims arising out of or relating to the Contest or these Official Rules must be brought in the federal or state courts located in Denver, Colorado. All disputes arising out of or connected with this Contest will be resolved individually, and without resort to class action, exclusively by a state or federal court located in Denver, Colorado. Should there be a conflict between the laws of the state of Colorado and any other laws, the conflict will be resolved in favor of the laws of the state of Colorado.
- INFORMATION: To obtain a list of the official winners (after the conclusion of the Contest) or a copy of these Official Rules, send a self-addressed envelope with the proper postage affixed to: Left Bank, LLC, a Colorado limited liability company, d/b/a Dixie Elixirs & Edibles, 4990 Oakland St., Denver, CO 80239. Please specify “Winner List” or “Official Rules” in your request.