Team Better Official Rules, Terms & Conditions
NO PURCHASE, PAYMENT OR CONSIDERATION OF ANY KIND IS NECESSARY TO ENTER OR TO WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
Sponsor and these Rules: These sweepstakes rules (the “Rules”) apply to the sweepstakes (the “Sweepstakes”) to be conducted by Team Better (“Sponsor”) via www.teambetter.com (the “Entry Page“). Sponsor has a principal place of business at 4407 Manchester Ave, Suite 203B, Encinitas, CA 92024.
Odds of Winning: The winners of the Sweepstakes will be determined by random selection from among valid entries received from eligible participants. The odds of winning a Prize in the Sweepstakes depend on the number of valid entries received from eligible participants during the Entry Period.
Eligibility: The Sweepstakes is open only to female individuals (i) residing in one of the fifty United States or the District of Columbia that are (ii) at least 18 years old, unless the age of majority in the individuals’ jurisdiction of residence is greater than 18, then at least such age of majority. Entrants may be required to prove their age and residency, the sufficiency of any such proof to be determined by Sponsor, in its sole discretion. However, employees of any “Promotion Entity” (as defined in Section 4.5(i) below) that is not an individual, and of any parent or subsidiary company of any Promotion Entity that is not an individual, and members of such employees’ immediate families, are not eligible to participate in the Sweepstakes.
General Conditions; Privacy; Release and Waiver of Liability:
- Promotion Entities are not responsible for: any incorrect or inaccurate entry information, human error, technical malfunctions, theft, tampering, destruction, or unauthorized access to, or alteration of entries. By entering the Sweepstakes, each entrant, on behalf of himself/herself and his/her heirs, successors, assigns, agents and representatives:
- releases and discharges each Promotion Entity from any and all claims, debts, liabilities, demands, obligations, costs, expenses, actions and causes of action of every nature, character, and description, known or unknown, including personal injury and death and including claims arising out of the alleged negligence of an entity, which he/she may now own or hold, or may at any time heretofore have owned or held, or may at any time hereafter own or hold, by reason of any matter, cause or thing whatsoever, occurred, done, omitted or suffered to be done, in connection with his/her participation in the Sweepstakes, and/or from his/her acceptance, receipt, possession and/or use or misuse of a Prize; and
- acknowledges and agrees that none of the Promotion Entities have made or are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, with respect to the Sweepstakes and/or any Prize, including, without limitation, their quality or fitness for a particular purpose.
- Waiver of California Civil Code Section 1542. Further, entrants are advised that California Civil Code § 1542 provides that: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. By entering the Sweepstakes, each entrant, on behalf of himself/herself and his/her heirs, successors, assigns, agents and representatives, acknowledges that he/she understands the significance and consequences of California Civil Code § 1542 and, to the extent it may be applicable, elects to waive the benefits of its provisions, with the intent that the releases and waivers of liability in Section 4(b) shall include claims known or unknown, and unknown and unsuspected.
- California Consumer Notice. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: This site and service is provided by Team Better; 4407 Encinitas Blvd, Suite 203b, Encinitas, CA 92024. If you have a question or complaint regarding the site and/or service, please contact Customer Service at firstname.lastname@example.org. You may also contact us by writing to Team Better; 4407 Encinitas Blvd, Suite 203b, Encinitas, CA 92024. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
- By entering the Sweepstakes, each entrant, on behalf of himself/herself and his/her heirs, successors, assigns, agents and representatives:
- releases and discharges Sponsor, its affiliated companies, and all of their respective directors, officers, employees, representatives and agents, as well as Team Better’s corporate sponsors listed on TeamBetter.com and their affiliated companies, and all of their respective directors, officers, employees, representatives and agents (collectively, the “Promotion Entities”), from any and all claims, debts, liabilities, demands, obligations, costs, expenses, actions and causes of action of every nature, character, and description, known or unknown, including personal injury and death and including claims arising out of the alleged negligence of an entity, which he/she now may own or hold, or at any time heretofore may have owned or held, or at any time hereafter may own or hold, by reason of any matter, cause or thing whatsoever, occurred, done, omitted or suffered to be done, in connection with participation in the Sweepstakes, and/or from his/her acceptance, receipt, possession and/or use or misuse of a Prize (including but not limited to travel to and from, and attendance at, a concert);
- acknowledges that the information he/she provides in connection with the Sweepstakes is being provided to Sponsor; and
- acknowledges and agrees that none of the Promotion Entities or have made or are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, with respect to a Prize, including, without limitation, its quality or fitness for a particular purpose.
- None of Sponsor or the other Promotion Entities shall have any obligation, responsibility or liability with respect to: (i) entries, notifications, communications or materials sent from an entrant to Sponsor, or from Sponsor to an entrant, that are undelivered, lost, late, misdirected, garbled, inaccurate, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, post office or technical error of any kind, (ii) telephone, electronic, hardware, software, network, Internet or computer malfunctions, failures or difficulties, (iii) power-related or weather-related events of any kind, and/or to any events not under Sponsor's direct control, (iv) entries or other communications from entrants that contain inaccurate information or do not comply with these Rules, (v) errors, omissions, interruptions, deletions, defects, delays in operation or transmissions, theft, destruction, unauthorized access or alterations by entrant or third parties, and/or (vi) any damage to entrant’s computer system that occurs in connection with participation in the Sweepstakes.
- Sponsor reserves the right to modify, suspend, or terminate the Sweepstakes, or any part thereof, if it determines, in its sole discretion, that the Sweepstakes, or any part thereof, is technically impaired or corrupted, or that fraud or technical problems, failures or malfunctions have destroyed or severely undermined or impaired the integrity, feasibility, security and/or proper play of the Sweepstakes, or any part thereof. In addition, if for any reason the Sweepstakes, or any part thereof, cannot run as planned, including tampering, unauthorized intervention, fraud, technical failures or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Sweepstakes, or any part thereof, Sponsor reserves the right, in its sole discretion, to (i) disqualify any individual who is responsible for or who tampers with the any Sweepstakes process, and/or (ii) to cancel, terminate, modify or suspend the Sweepstakes, and (if the Sweepstakes is not cancelled) to select the winners from among all eligible entries received prior to the termination or modification.
Governing Law; Dispute Resolution and Arbitration:
- This Sweepstakes is governed by the laws of the State of Florida.
- Unless you opt out (as described below), any “Dispute” (as defined below) that may arise between you and Sponsor shall be resolved by binding arbitration. “Dispute” means any dispute, claim, or controversy between you and Sponsor arising out of or relating to this Sweepstakes, whether based in contract or tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and expressly including the validity, enforceability and/or scope of this section 5 (but excluding the enforceability of the Class Action Waiver clause below). Arbitration is a process by which commercial disputes are resolved and in which the persons involved waive their rights to file a lawsuit, to proceed in court and to a jury trial. Instead, they submit their disputes to a neutral third person (or arbitrator) for a binding decision. You have the right to opt-out of the arbitration process described in this section as described below, which means you would retain your right to litigate your disputes in a court, either before a judge or jury.
- As mentioned, arbitration replaces the right to go to court. Thus, without this section 5, you might have a right to bring claims in court, before a judge or jury, and/or participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided in this section 5, your agreeing to this section 5 constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorneys’ fees). YOU AND SPONSOR EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
- Attempt at Pre-Arbitration Claim Resolution. For all Disputes, whether pursued in court or arbitration, you must first give Sponsor an opportunity to resolve the Dispute. You must commence this process by mailing written notification to Team Better; 4407 Encinitas Blvd, Suite 203b, Encinitas, CA 92024. That written notification must include (1) your name, (2) your address, (3) a written description of your Claim, and (4) a description of the specific relief you seek. If Sponsor does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.
- Your Right to Opt Out of Arbitration. Notwithstanding the above, you or Sponsor may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST ENTER INTO (OR ARE DEEMED TO HAVE CONSENTED TO) THIS AGREEMENT (the “Opt-Out Deadline”). You may opt out of arbitration by mailing written notification to Sponsor at Team Better; 4407 Encinitas Blvd, Suite 203b, Encinitas, CA 92024. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with Sponsor through arbitration. Your decision to opt-out will have no adverse effect on your relationship with Sponsor. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.
- Arbitration Procedures. If you have not opted out and your Dispute is not resolved as provided in section 5.4 above, either you or Sponsor may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this section 5.
For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.
Because the Sweepstakes and these Rules concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply the applicable substantive law of Florida consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration – You or Sponsor may initiate arbitration in either Miami, Florida or the federal judicial district that includes the address you provide in your written notification of Pre-Arbitration Claim Resolution. In the event that you select the federal judicial district that includes the address you provide in your written notification of Pre-Arbitration Claim Resolution, Sponsor may transfer the arbitration to Miami, Florida in the event that it agrees to pay any additional fees or costs you incur as a result of the transfer, as determined by the arbitrator.
Payment of Arbitration Fees and Costs – Each party shall pay all of its own filing fees. The costs and expenses of the arbitrator shall initially be paid by the party commencing the arbitration, and final responsibility therefor shall be determined by the arbitrator. Otherwise, each party shall bear all of its own fees and costs that it incurs in connection with the arbitration, including, but not limited to, fees of attorneys and/or expert witnesses, provided however, that fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with Sponsor as provided in section 5.2 above and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.
- Class Action Waiver. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and Sponsor specifically agree to do so following initiation of the arbitration.
- Jury Waiver. You understand and agree that by entering into this agreement you and Sponsor are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this arbitration provision, you and Sponsor might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided herein, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.
- Severability. If any clause within this section 5 (other than the class action waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this section, and the remainder will be given full force and effect. If the class action waiver clause is found to be illegal or unenforceable, this entire section 5 will be unenforceable and the Dispute will be decided by a court.
- Continuation. This Provision shall survive the termination of your relationship with Sponsor.
6.Class Action Waiver: You agree that, if you opt out of arbitration as permitted in section 5, a judge, magistrate or other similar authority may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. By entering the Sweepstakes, the entrant agrees to waive any right to a jury trial or to participate in a class action.
7.Identification of Winner: Winners’ names, cities, and photos (where applicable) may be posted on Sponsor’s website following confirmation, in Sponsor’s sole discretion. To obtain a list of winners by mail, send a self-addressed stamped envelope to Sponsor at Team Better; 4407 Encinitas Blvd, Suite 203b, Encinitas, CA 92024 so it is received by Sponsor no later than six months after the last day of the Entry Period. (Vermont residents may omit return postage.) Please specify “Sweepstakes winner” on the envelope. Please allow 6 to 8 weeks for receipt of the list.
- The invalidity or unenforceability of any provision of the 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, the 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.
- Except where prohibited by law, and regardless whether a Publicity Release is required of or signed by a Prize winner, acceptance of a prize shall constitute and signify the prize winner’s consent that Sponsor may use the winner’s name, likeness, image, voice, photographs and written statements made by the prize winner about the Sweepstakes, a prize, Sponsor, Sponsor’s products and/or services for promotional purposes in all forms of media, in perpetuity, without payment or consideration.
- No Promotion Entity shall be liable for failure or delay related to the Sweepstakes caused by any reason not within such Promotion Entity’s sole direct control, including but not limited to fire, flood, epidemic, earthquake, explosion, sickness, labor dispute or strike, bad weather, act of God or public enemy, equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, any newly-enacted federal, state or local government law, order, or regulation, or order of any court or governmental authority.
See Contest Rules for the current contest