Terms And Conditions


PERFECT SNACKS X @CHELSEAPARKE GIVEAWAY 
OFFICIAL RULES

 

“I have been a fan of Perfect Bar for years. They’re an absolute staple in our house, especially when we’re running around and need something very quick and nourishing." - Chelsea Parke

 

This Giveaway is in no way sponsored, endorsed or administered by, or associated with Meta Platforms Inc. Meta Platforms Inc. is not affiliated with the Sponsor in any way.

NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. A purchase or payment will not improve your chances of winning. The Perfect Snacks x @chelseaparke Giveaway (the “Giveaway”) entry period begins at 10:00 AM Eastern Time (“ET”) on April 4th, 2025 and ends at 11:59 PM ET on April 11th, 2025 (the “Entry Period”). Sponsor’s designated clock shall be the official timekeeper for the Giveaway. The Giveaway is governed by these Official Rules and is subject to all applicable federal, state and local laws. Void outside the fifty (50) United States and the District of Columbia, and where prohibited.

1. Eligibility. The Giveaway 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 at the time of entry. Proof of residency and age may be required prior to the awarding of any prize. Employees, officers and directors of Perfect Snacks., Inc. (“Sponsor”), its subsidiaries, divisions, affiliates, and advertising or promotional agencies, and 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 enter or win. In order to enter the Giveaway or receive a prize, you must fully comply with the Official Rules and, by entering, you (and your parent or legal guardian if you are deemed a minor in the jurisdiction in which you reside (“Minor”)) represent and warrant that you agree to be bound by these Official Rules and the decisions of the Sponsor, whose decisions shall be binding and final in all respects relating to this Giveaway.

2. How to enter. You must have a personal, public Instagram account to enter. If you do not have an account, you may create one for no charge at www.Instagram.com. Your account may not be a shared or corporate account. During the Entry Period, to receive one (1) entry into the Giveaway, follow @perfectbar and @chelseaparke on Instagram, like the Giveaway post on the @perfectbar Instagram account (the “Post”), and @mention one (1) friends with whom you have a personal relationship in the comment section of the Post (the “Entry”). You friends must have consented to the use of their names/handles in the Giveaway. Proof of consent in a form deemed acceptable by Sponsor may be required at any time. Do not include any content other than the @mentions of your friends in your Entry. Failure to comply will result in disqualification. ALL ENTRIES MUST BE RECEIVED BY 11:59 PM ET ON April 11th, 2025. Although it is free to enter, standard message and data charges may be incurred if you use your mobile device to enter the Giveaway. A mobile device is not required to enter. Limit one (1) Entry per person/Instagram account throughout the entire Entry Period. Entries by the same person in excess of the limits stated herein will be disqualified. Entries will be deemed to have been submitted by the authorized account holder of the email address associated with the Instagram account from which entry is made at the time of the entry. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Entering or attempting to enter the Giveaway multiple times through the use of multiple email addresses or Instagram accounts is prohibited and any such Entries will be deemed void and disqualified. All Entries become the property of Sponsor upon receipt and will not be acknowledged or returned.

3. Random Drawing; Odds of Winning. After the close of the Entry Period, on or about April 11th, 2025, one (1) potential winners of the prize described in Rule 4, below, will be selected in a random drawing from all eligible Entries received. Odds of winning a prize depend upon the total number of eligible Entries received.

4. Prize. One (1) verified winner will receive one (1) prize package consisting of: a six (6)-month supply of Perfect Bar (defined as twenty-four (24) cartons of Perfect Bar, 8 singular Perfect Bars per carton), and $500 worth of @chelseaparke wellness essentials. Approximate retail value (“ARV”) of each prize package is: $1200. Any and all federal, state and local taxes on each prize are the sole responsibility of the winner. No transfer, refund, cash redemption, substitution or replacement of prize or any prize component permitted, except that Sponsor reserves the right, in its sole discretion, to substitute a prize (or portion thereof) of equal or greater value if the advertised prize (or portion thereof) becomes unavailable. Total ARV of all prizes: $1,200. Limit one (1) prize per household.

5. Winner Notification. The potential winners will be announced on the Post and/or contacted via Instagram direct message and may be required, in Sponsor’s discretion, to complete and return a Declaration or Affidavit of Eligibility, Release of Liability and Publicity Release (where permitted by law) (collectively, the “Affidavit”) by the date or within the time frame specified by Sponsor or an alternate winner may be selected in a random drawing from among the other eligible Entries received. If a potential winner is under the age of majority in winner’s jurisdiction of legal residence, the Affidavit must be executed on his/her behalf by his/her parent or legal guardian. In the event: (a) a potential winner cannot be reached for whatever reason after a reasonable effort has been exerted or winner notification or Affidavit is returned as undeliverable; (b) a potential winner declines or cannot accept, receive or use the prize for any reason; (c) of noncompliance with the above or within any of the aforesaid time periods, (d) a potential winner is found to be ineligible to enter the Giveaway or receive a prize, (e) a potential winner cannot or does not comply with the Official Rules as determined by Sponsor in its discretion, or (f) a potential winner fails to fulfill the Affidavit-related obligations, the potential winner shall be disqualified from the Giveaway, his/her prize will be forfeited and an alternate potential winner may be selected, at Sponsor’s sole discretion, in a random drawing from among the other eligible Entries received. If necessary, this process will be repeated up to three (3) times, after which the prize will not be awarded if it remains unclaimed.

6. Publicity Release; Use of Personal Information. Except where prohibited or restricted by law, a winner’s acceptance of prize constitutes the winner’s (or winner’s parent’s/legal guardian’s if winner is a Minor) agreement and consent for Sponsor and any of its designees to use and/or publish winner’s name (in whole or in part), Instagram handle, city and state of residence, photographs or other likenesses, pictures, portraits, video, voice, testimonials, biographical information (in whole or in part), and/or statements made by winner regarding the Giveaway or Sponsor, worldwide and in perpetuity for any and all purposes, including, but not limited to, advertising, trade and/or promotion on behalf of Sponsor, in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable, social media or the internet, without further limitation, restriction, compensation, notice, review, or approval. By entering the Giveaway, entrants will be sharing their personal information with Sponsor, which personal information will be collected and be used for administration of the Giveaway and awarding the prizes. In addition, by entering, entrants (or entrants’ parents/legal guardians if entrants are Minors) agree to Sponsor’s use of entrant’s personal information as described in its privacy policy at https://perfectsnacks.com/pages/privacy-policy. Please refer to Sponsor’s privacy policy for important information regarding the collection, use and disclosure of personal information by Sponsor. Sponsor is not responsible for disclosures made by any third party.

7. No Tampering; Right To Cancel; Modify. Sponsor and its subsidiaries, affiliates, divisions, partners, representatives, agents, successors, assigns, employees, officers, directors and members shall not have any obligation or responsibility, including any responsibility to award any prize to entrants, with regard to: (a) Entries that contain inaccurate information or do not comply with or violate the Official Rules; (b) Entries, prize claims or notifications that are lost, late, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind, including but not limited to, spam filters, privacy settings, inactive email or social media accounts or an entrant’s failure to monitor its spam folders and/or email account and/or social media account; (c) entrants who have committed fraud or deception in entering or participating in the Giveaway or claiming a prize; (d) telephone, electronic, hardware, software, network, Internet or computer malfunctions, failures or difficulties; (e) any inability of a winner to accept a prize for any reason; (f) the inability to award a prize due to delays or interruptions due to Acts of God, natural disasters, terrorism, epidemic, pandemic or outbreak of communicable disease, quarantine, national, regional or state of emergency or emergency disaster, weather or any other similar event beyond Sponsor’s reasonable control; or (g) any damages, injuries or losses of any kind caused by any prize or resulting from awarding, acceptance, possession, use, misuse, loss or misdirection of any prize or resulting from participating in this Giveaway or any prize related activities. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be: (a) tampering with the entry process or the operation of the Giveaway, or with any website promoting the Giveaway; (b) acting in violation of the Official Rules; or (c) entering or attempting to enter the Giveaway multiple times through the use of multiple email addresses/Instagram accounts or the use of any robotic or automated devices to submit Entries. If Sponsor determines, in its sole discretion, that technical difficulties or unforeseen events compromise the integrity or viability of the Giveaway, Sponsor reserves the right to cancel, terminate or suspend the Giveaway. If the Giveaway is terminated prior to the end date/time described in these Official Rules Sponsor will award the prizes in a random drawing from among all valid, non-suspect Entries received as of the time/date of termination. 

8. Release of Liability; Disclaimer of Warranty; Forum Selection Clause. By participating in the Giveaway, entrants (or entrants’ parents/legal guardians if entrants are Minors) agree to release and hold harmless Sponsor, Instagram and their respective parents, subsidiaries, affiliates, divisions, partners, representatives, agents, successors, assigns, employees, officers, directors and members (collectively, the “Released Parties”), from and against any and all liability for loss, harm, damage, injury, cost or expense whatsoever, including without limitation, property damage, personal injury (including emotional distress), and/or death, which may occur in connection with preparation for, or participation in, the Giveaway, or possession, acceptance and/or use or misuse of a prize or participation in any Giveaway-related or prize-related activity and for any claims or causes of action based on publicity rights, defamation or invasion of privacy and merchandise delivery. The Released Parties assume no responsibility for any injury or damage to entrants’ or to any other person’s computer, regardless of how caused, relating to or resulting from entering or downloading materials or software in connection with this Giveaway. Entrants (or entrants’ parents/legal guardians if entrants are Minors) acknowledge that Sponsor has neither made nor is in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to any prize or any component thereof. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant or Sponsor in connection with the Giveaway, shall be resolved individually, without resort to any form of class action, and shall be governed by, and construed in accordance with, the laws of the State of New Jersey, without giving effect to any choice of law or conflict of law rules (whether of the State of New Jersey, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New Jersey. In addition, any dispute relating to the Giveaway (including these Official Rules) shall be brought in the appropriate state or federal court having jurisdiction over the subject matter located in Mercer County, New Jersey. Entrants(or entrants’ parents/legal guardians if entrants are Minors)  hereby irrevocably consent to the personal jurisdiction of said courts and waive any claim of forum non convenient or lack of personal jurisdiction that they may have. Any and all claims, judgment and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees, and under no circumstances will entrant (or entrant’s parent/legal guardian if entrant is a Minor) be permitted to obtain awards for, and entrant (or entrant’s parent/legal guardian if entrant is a Minor) hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and further waives any and all rights to have damages multiplied or otherwise 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. In the event there is a discrepancy or inconsistency between any statements contained in any Giveaway-related materials or made by any representative of Sponsor and these Official Rules, the Official Rules shall prevail, govern, and control.

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 as if the invalid or illegal provision were not contained herein. 

9. Sponsor: Perfect Snacks, 10505 Roselle St, Unit 102, San Diego, CA 92121

10. Winners List: For a list of winners, send a self-addressed, stamped envelope with proper postage affixed to [INSERT CONTACT NAME AND ADDRESS].

Any and all questions, comments or complaints regarding this Giveaway must be directed to Sponsor only, and not to Meta Platforms Inc. 


Effective Date:   August 22, 2022

Terms and Conditions

 

PLEASE READ THESE ONLINE SHOP TERMS AND CONDITIONS VERY CAREFULLY. THIS IS A LEGAL AGREEMENT (“AGREEMENT”) BETWEEN YOU AND PERFECT BAR, LLC, A DELAWARE LIMITED LIABILITY COMPANY (“PERFECT BAR”). BY CLICKING ON THE “I ACCEPT” BUTTON AND COMPLETING YOUR ORDER OF PERFECT BAR PRODUCTS (“PRODUCTS”), YOU ARE AGREEING TO BE BOUND BY, AND ARE BECOMING A PARTY TO, THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT CLICK ON THE “I ACCEPT” BUTTON AND ABANDON YOUR PURCHASE OF PRODUCTS.


TERMS OF USE. The Terms of Use for our website located at URL http://www.perfectbar.com (“Home Page”) and all subsidiary pages (collectively “Site”) under the perfectbar.com domain are expressly incorporated into this Agreement by this reference.


ONLINE SHOP. This Agreement covers the terms of our sale and your purchase of Products through our online shop located at http://shop.perfectbar.com (“Online Shop” and with the Home Page and the Site, the “Website”).


CREDENTIALS. You are solely responsible for the supervision, management, and control of your login credentials. PERFECT BAR DOES NOT PROTECT YOU FROM UNAUTHORIZED USE OF YOUR CREDENTIALS. Any person using your login credentials is conclusively deemed to have actual authority to engage in transactions in the Online Shop, and, accordingly, all sales of Products made by a person using your credential are hereby authorized by you. You shall immediately notify Perfect Bar if you become aware of any unauthorized use of your credentials and we will thereafter suspend your account as soon as practicable.


PURCHASES. You are responsible for all Product purchases and amounts due under your login credentials. You are responsible for paying in full the purchase price for Products, the shipping and handling charges and any taxes due as more fully set forth in your Online Shop order.


SHIPPING INSTRUCTIONS. We will ship Products to the address you enter in our Online Shop order form using the shipping method you select.


PACKING AND HANDLING. All Products ordered by you shall be packed in accordance with our standard practices. We will not accept and cannot accommodate any special requests for custom containers, packing, crating, boxing or bundling.


RISK OF LOSS. All Products are shipped EXW and you shall bear the risk of loss upon our delivery of the Products to the common carrier at our shipping location. Any claims for loss, shortage or damage to the Products arising following our delivery to the common carrier should be submitted to the common carrier.


PAYMENTS. You hereby authorize Perfect Bar to charge the full purchase price for Products and the shipping and handling charges and taxes due as more fully set forth in your Online Shop order to the credit card or bank account you provided incident to the order. You assume all responsibility for notifying us of changes in credit card numbers and/or expiration dates or in any change in status of the applicable bank account, as the case may be. If your credit card is denied when charged or if an ACH or other debit to the depositary account is rejected, we may charge and collect from you a "bad account" fee of twenty five ($25.00) dollars for any declined or rejected transaction. You shall additionally be responsible for and shall immediately pay us, on demand, any payments that are made to us that are subject to a subsequent reversal. Questions regarding charges must be brought to the attention of Perfect Bar’s billing department within 90 days after the end of the questioned billing period. Charges beyond 90 days old are not subject to review, reversal or refund. YOU HEREBY REPRESENT AND WARRANT THAT (I) THE CREDIT CARD, DEBIT CARD OR BANK ACCOUNT INFORMATION SUPPLIED TO PERFECT BAR IS TRUE, CORRECT AND COMPLETE, (II) AMOUNTS DUE FROM YOU WILL BE HONORED BY YOUR BANK OR CREDIT CARD COMPANY, AND (III) YOU SHALL PAY FOR ALL YOUR PURCHASES ON THE ONLINE SHOP AT THE PRICES IN EFFECT AT THE TIME INCURRED. You remain solely responsible to pay for Product purchases following declination of your credit card, ACH transaction, eCheck or otherwise.


TAX. You shall be responsible for all sales, use and other taxes and all applicable duties, levies and export fees and similar charges imposed by any federal, state or local government entity with respect to your purchases of Products and authorize us to charge such due amounts in addition to the amounts set forth above.


PRODUCT WARRANTY. Perfect Bar hereby represents and warrants (the “Limited Warranty”) that the Products shall conform to their applicable FDA food label, and be fit for human consumption for the shorter period of (i) 9 months from production date if continuously refrigerated following delivery, or (ii) two weeks from the date of first removal from refrigeration following delivery, if not continuously refrigerated (as applicable, the “Warranty Period”). PERFECT BAR HEREBY DISCLAIMS ALL OTHER WARRANTIES REGARDING THE PRODUCTS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.


LIMITED LIABILITY. PERFECT BAR’S LIABILITY TO YOU IS LIMITED. Perfect Bar will, as its sole liability and as your sole remedy for such failure, replace or refund the full purchase price of any Product that fails to meet the Limited Warranty during the applicable Warranty Period. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PERFECT BAR BE LIABLE FOR ANY DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH ANY BREACH OF THE LIMITED WARRANTY AND THE REPLACEMENT OR REFUND OF THE PURCHASE PRICE PAID FOR ANY PRODUCT SHALL BE YOUR SOLE REMEDY FOR ANY SUCH FAILURE AND PERFECT BAR’S SOLE LIABILITY IN SUCH EVENT.


SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in this Agreement to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.


GENERAL. In the event a dispute arises regarding this Agreement or the use of the Online Shop or any Products purchased therein, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs incurred, in addition to damages and any other relief to which it is entitled. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Online Shop, or to this Agreement or to the Products must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Agreement without the prior written consent of Perfect Bar, but Perfect Bar may assign or transfer this Agreement, in whole or in part, without restriction. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. Perfect Bar may also provide notices to you of changes to this Agreement or other matters by displaying notices or links to notices generally on the Website. This Agreement, including the Terms of Use, constitutes the entire agreement between you and Perfect Bar regarding the subject matter hereof.


MODIFICATIONS. Perfect Bar may, in its sole discretion and without prior notice, (a) revise this Agreement; (b) modify the ingredients of any Products; and (c) discontinue the Website or any Products at any time. Perfect Bar shall post any revision to this Agreement to the Website, and the revision shall be effective immediately on such posting. You agree to review this Agreement and other online policies posted on the Website periodically to be aware of any revisions. You agree that, by continuing to use or access the Website following notice of any revision, you shall abide by any such revision.


ACKNOWLEDGEMENT. BY CLICKING ON THE “I ACCEPT” BUTTON AND COMPLETING YOUR PURCHASE IN OUR ONLINE SHOP, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THIS AGREEMENT AND AGREE ENTER INTO AND BE BOUND BY IT.

8/19/2022, 4:33:41 PM