CocoaVia™ Brand Store - Terms and Conditions

CocoaVia™ Sweepstakes Official Rules

1. INTRODUCTION

These terms and conditions (the "Terms") govern the order and purchase by you of any CocoaVia™ Products by using this Site and/or placing an order for Product and/or Merchandise, you accept and agree to be bound by these Terms, as well as by the (a) General Terms & Conditions for Web Sites Operated by the Mars, Incorporated Family of Companies and (b) the Mars, Incorporated Privacy Policy, which are hereby incorporated by reference.

2. PRODUCT AND MERCHANDISE ORDERS

a. Pricing.Pricing, payment and other terms applicable to Product and Merchandise purchases, including, but not limited to, any applicable set-up fees, are set forth on the Site and incorporated into these Terms by reference. Mars Symbioscience, a division of Mars, Incorporated (“Mars Symbioscience”) may, in its sole discretion, change any such prices or other terms at any time without notice.

b. General Requirements.By placing an order, you represent and warrant to Mars Symbioscience that:

    • You are at least 18 years of age (19 in Alabama and Nebraska; 21 in Mississippi);
    • If you are an individual consumer, the Product and/or Merchandise is being ordered solely for your personal use, and you will not market, resell or otherwise distribute the Product or Merchandise to any third party for commercial purposes.
    • If you are a business, the Product and/or Merchandise is being ordered on the CocoaVia™’s website solely to promote your own products or services by distributing the Product and/or Merchandise to Customers and others at no cost to the recipient as business gifts or advertising items. You will not resell the Product or Merchandise. (Note: If you are a promotional agency or distributor, you may resell the Product and/or Merchandise solely to businesses for use by such businesses to promote their own products or services as described in these Terms.) If you are a business, CocoaVia™ Products are available for purchase for resale through Mars Symbioscience, provided you have an agreement with Mars Symbioscience. To find out more information, email CustomerCare@cocoavia.com or contact our call center at 1-833-COCOAVIA (1-833-262-6284), from 9 a.m. – 5 p.m. Eastern Time Monday through Friday.
    • You will handle, store and transport all Product in accordance with applicable laws and regulations and in a clean and sufficiently odorless environment so that the Product is not adulterated in any way. You are solely responsible for and assume all liability arising from any repackaging of the Product.

3. CUSTOMER SERVICE: CHANGING & CANCELING ORDERS

For CocoaVia™ Products: Please check the status of your order online. If the status of your order appears as 'shipped,' we are unable to add to, change or cancel your order. If your order has not yet been shipped, you may email or call Customer Care at CustomerCare@cocoavia.com or 1-833-COCOAVIA (1-833-262-6284), and a representative will gladly assist you with your changes or cancellation. Representatives are available Monday - Friday, 9 a.m. - 5 p.m. Eastern Time.

4. CUSTOMER SERVICE: GAURANTEE, SHIPPING & RETURNS

When placing an order with cocoavia.com, we want to ensure you are 100% satisfied with your order. If you are not satisfied for any reason, please contact Customer Care at CustomerCare@cocoavia.com or 1-833-COCOAVIA (1-833-262-6284), for an exchange or refund. Return the unused portion of your order within 100 calendar days for a full refund (shipping and handling not included). Once your return is processed (usually within 72 hours of receipt), a credit will be automatically applied to your credit card within 7-10 business days.

If your order arrives damaged or incomplete and you notify us of the problem within 10 business days after your receipt of your order, we'll promptly replace the defective Product or provide the missing Product. For other information concerning shipping and returns, please refer to our Customer Care page.

5. YOUR CONTENT

From time to time, Mars Symbioscience may permit you to post or submit content to the Site ("Content"). You understand that whether or not such Content is published, Mars Symbioscience does not guarantee any confidentiality with respect to any Content. You are solely responsible for your own Content and the consequences of posting or publishing it. In connection with your Content, you affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize Mars Symbioscience to use all intellectual property or other proprietary rights in and to any and all such Content to enable inclusion and use of the Content in the manner contemplated by the Site and these Terms. You will retain all of your ownership rights in your Content. However, by submitting Content to the Site, you hereby grant Mars Symbioscience and its affiliates a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Site and Mars Symbioscience's business, including, without limitation, for promoting Product, Merchandise and the Site (and derivative works thereof) in any media formats and through any media channels. You understand and agree that Mars Symbioscience may retain, but not display, distribute, or perform, server copies of Content that have been removed or deleted from the Site. The above licenses granted by you in Content are perpetual and irrevocable. You further agree that (a) you will not post Content that includes material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including without limitation privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Mars Symbioscience all of the license rights granted herein; and (b) you will not post Content that includes material that violates or fails to conform to applicable local, national, and international laws and regulations. Mars Symbioscience does not endorse any ontent or any opinion, recommendation, or advice expressed therein. Mars Symbioscience expressly disclaims any and all liability in connection with Content. Mars Symbioscience is not responsible for and does not assume any liability for the comments and opinions expressed by you or other users of the Site. You remain solely responsible for your Content. You agree that when using the Site, you will act in a manner consistent with the goals of the Site. By way of example, and not as a limitation, you specifically agree that: (a) you will not post any inappropriate, defamatory, vulgar, obscene, sexually explicit, potentially libelous or slanderous, infringing, harmful, harassing, threatening, illegal, or other material or information that Mars Symbioscience in its sole discretion views as objectionable, including but not limited to, text, graphics, audio, and video files; and (b) you will not post any files that contain viruses, corrupted files, or any other similar software, programs or routines that may damage the operation of the Site or another's computer.

6. FORCE MAJEURE.

Notwithstanding any other provision of these Terms, if Mars Symbioscience is delayed in or prevented from fulfilling any of its obligations under these Terms by reason of any event beyond its reasonable control, including but not limited to acts of God or terrorism, fire, strikes, delay of transportation or inability to obtain necessary materials through normal commercial channels, Mars Symbioscience will not be liable for damages resulting from such delay or prevention. Mars Symbioscience will promptly notify you of the occurrence of any such event and will use reasonable efforts to minimize the resulting delay or prevention.

7. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Mars Symbioscience, its officers, directors, affiliates, employees, suppliers and agents from and against any and all claims, liabilities, damages, losses and expenses (including reasonable attorneys' fees and costs) due to, arising out of or in any way connected with (i) your Product and Merchandise orders, (ii) Product and Merchandise orders made by any third party using your account or password, (iii) your use, handling, repackaging, storage and/or distribution of Product and Merchandise, (iv) breach of any provision of these Terms by you or any third party using your account or password; (v) Content; and/or (vi) your use of the Site.

8. MODIFICATIONS

Mars Symbioscience may change, suspend or discontinue all or any aspect of the Site at any time, including, without limitation, the processing of orders for Product and/or Merchandise and the availability of any information, without prior notice or liability. Mars Symbioscience reserves the right, at its discretion, to change or modify all or any part of these Terms at any time; however, we will not make any changes that have a retroactive effect unless legally required to do so.

9. WARRANTY DISCLAIMER

MARS SYMBIOSCIENCE PROVIDES ALL PRODUCT AND MERCHANDISE AS IS AND WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MARS SYMBIOSCIENCE AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OR OF WORKMANLIKE EFFORT, ALL WITH REGARD TO THE PRODUCT AND MERCHANDISE.

10. LIMITATION OF LIABILITY

In no event will Mars Symbioscience be liable for any consequential, indirect, punitive or special damages of any kind arising out of or relating to use of (or inability to use) the Site and/or Product or Merchandise, even if Mars Symbioscience has been advised of the possibility of such damages. This limitation may not be applicable to you because some jurisdictions do not allow limitations on or exclusions of liability for incidental or consequential damages in certain circumstances.

11. MISCELLANEOUS

Our failure to act with respect to a breach of these Terms by you or others does not waive our right to act with respect to similar or subsequent breaches. If any part of these Terms is held to be unenforceable or invalid, such part will be deemed automatically superceded by an enforceable, valid provision most closely matching the intent of the original provision and the remainder of these Terms will continue in effect. These Terms will be binding upon you and your successors and permitted assigns. You may not assign any of its rights or obligations hereunder without the express prior written consent of Mars Symbioscience. All remedies available for breach of these Terms are cumulative and may be exercised concurrently or separately. The exercise of one remedy will not be deemed an election of such remedy of the exclusion of other remedies. You agree to execute and deliver such further documents and assurances, if any, as may be required from time to time to give effect to these Terms.

 

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.

GENERAL: In these Official Rules, "you" or "your" or “entrant” means the person who has entered this Sweepstakes. By entering in this Sweepstakes, you agree to be bound by the terms and conditions contained in these Official Rules. The Sweepstakes is governed by these Official Rules and is subject to all applicable federal, state, municipal, territorial, and local laws and regulations.

SWEEPSTAKES ENTRY PERIOD: CocoaVia™ Sweepstakes Official Rules starts on November 21, 2022 at 9.00 a.m. Eastern Time ("ET") and ends on Jan 16, 2023 at 12.00 p.m. ET ("Sweepstakes Period"). Entries not received within the Sweepstakes Period will be void. Eastern Standard Time shall control for all purposes of this Sweepstakes.

ELIGIBILITY: This Sweepstakes is open only to persons who are 18 years of age or older and a legal resident of the fifty (50) United States and Washington DC and have internet access as of November 21, 2022. Employees of Mars Symbioscience Inc. ("Sponsor"), Mars, Incorporated and their respective parents, subsidiaries, affiliates, promotion and advertising agencies, and members of their immediate family (spouse and parent, children and siblings and their respective spouses, regardless of where they reside) and persons living in the same household, whether or not related, of such employees, are not eligible to enter or win. Void where prohibited by law. This Sweepstakes is subject to all United States federal, state, and local laws. Entrants agree to be bound by these Official Rules and the decisions of the Sponsor. Sponsor reserves the right to verify the eligibility qualifications of any winner. The information you provide will be used for the purposes of Sweepstakes administration.

HOW TO ENTER: You may enter this Sweepstakes by submitting your email address, first name and last name into the entry form. It is free to enter. Entries must be posted prior to the end dates specified above to be considered for the applicable random drawing.

CONDITIONS OF ENTRY: Limit one (1) Entry per person using only one (1) email account throughout the Sweepstakes Period. Entries received from any person in excess of the stated limitation will be void. An eligible entrant must enter by completing the entry procedures as described in these Official Rules. All entries submitted that are not in compliance with these Official Rules are void. Incomplete entries are void, including any inappropriate, incomplete or duplicative entries. If any of the information you provide is inaccurate, you may be excluded from this Sweepstakes. Sponsor reserves the right to reject any entries deemed untruthful in its sole discretion. By entering, entrants accept and agree to these Official Rules, including all eligibility requirements. By submitting any information or content to Sponsor Parties, you represent that you have the full legal right to provide such information and that use of the information by Sponsor Parties will not (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity; (b) violate any law, statute, ordinance, or regulation; or (c) constitute disclosure of any confidential information owned by any third party.

DETERMINATION OF WINNER: Sponsor will randomly select one (1) winner from all eligible entries received by January 16, 2023. The random selection will occur on or about January 18, 2023. The odds of winning depend on the total number of eligible entries received during the Entry Period. Prize Winner will be notified via email and must reply to the notification within seven days, or the prize will be forfeited, and an alternate winner will be selected. Sponsor is not responsible for any changes to a Prize Winner’s email address or other information which may interfere with winner notification. In the event of a dispute concerning entries submitted by multiple individuals using the same email address, the entry will be deemed to have been submitted by the authorized subscriber of the email account used to enter the Sweepstakes. To qualify for a Prize, a Prize Winner may be required to sign an Affidavit of Eligibility, Consent to Publicity (where permitted by law), Liability Waiver, and federal and state tax release (collectively, the "Affidavit"), all of which must be executed and returned within seven days of the issuance of notification or such other date set forth in the notification by Sponsor. If potential winner is under the age of majority in its state or province of legal residence, the Affidavit must be executed on its behalf by its parent or legal guardian. Failure to comply with all instructions in a Prize notification, or if a Prize is not claimed within two weeks after Prize notification or is returned as non-deliverable may result in disqualification of the entry and the selection of an alternate Prize Winner.

PRIZE: The one (1) winner will receive the following prize: a 12-month supply of winner’s choice of CocoaVia™ Product. The choice of products include CocoaVia™ Cardio Capsules, CocoaVia™ Cardio Powder, CocoaVia™ Memory & Focus Capsules or CocoaVia™ Memory+ Capsules. The prize has an approximate retail prize value of $479.88. The winner can choose to receive their prize all at once or in 3 months increments over the 12 months, totalling to 4 total shipments. The random drawing and awarding of the prize will be conducted by the Sponsor whose decisions are final and binding in all matters pertaining to this Sweepstakes. Entrants agree to be bound by these Official Rules and the decisions of the Sponsor.

PRIZE TERMS: Sponsor will strive to deliver prize within 7-10 days after completion of winner verification. Any federal, state, and local taxes and any duties on a Prize are the sole responsibility of the Prize Winner. Prize is non-transferable. No substitution, cash redemption, replacement or transfer of Prize will be permitted, except in Sponsor’s sole discretion. Prize will not be replaced if lost or stolen.

RELEASE: The information provided by Sponsor in connection with the Sweepstakes is for informational purposes only. Upon submission of your entry or other material or information to Sponsor Parties in connection with this Sweepstakes, you grant Sponsor Parties a worldwide, perpetual, non-terminable, irrevocable, transferable, license to access, use, distribute, perform, reproduce, display, modify, create derivative works based upon, and sublicense such information and content for the purpose of providing the Sweepstakes, Prizes and for all other business purposes of Sponsor Parties.

By entering this Sweepstakes, you hereby certify that you have complied with all the rules of this Sweepstakes and that you have committed no fraud or deception in entering this Sweepstakes or in claiming any Prize. The winner assumes all liability for any injury or damage caused, or claimed to be caused, by participation in this Sweepstakes.

MISCELLANEOUS: Sponsor Parties are not responsible or liable for any events beyond their control, which may cause this Sweepstakes to be stopped, including any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries, nor are they responsible for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any email or entry to be received by Sponsor on account of technical problems, human error, filtering or traffic congestion on the internet or at any web site, insufficient space in an entrant’s account to receive messages or any combination thereof, including any injury or damage to entrant’s or any other person’s computer relating to or resulting from participation in this giveaway or downloading any materials in this Sweepstakes. If, for any reason, this Sweepstakes is not capable of being conducted as planned, including due to tampering, unauthorized intervention, typographical errors, technical failures, fraud, low participation, or any other causes beyond the reasonable control of Sponsor Parties that corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, Sponsor Parties reserve the right at their sole discretion to cancel, terminate, modify, or suspend this Sweepstakes. Sponsor Parties reserve the right in their sole discretion to disqualify any individual found to be tampering with the entry process or the operation of this Sweepstakes or to be acting in violation of these Official Rules or any other promotion, or in an unsportsmanlike or disruptive manner. When used herein, the words “includes” and “including” and their syntactical variations shall be deemed followed by the words “without limitation.” ANY ACT OR ATTEMPT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ACT OR ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ACT OR ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.

BY ENTERING THE SWEEPSTAKES OR ACCEPTING ANY PRIZE, EACH ENTRANT AGREES TO BE BOUND BY THESE OFFICIAL RULES AND AGREES THAT SPONSOR PARTIES AND ALL OF THEIR PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS, AND ALL OTHERS ASSOCIATED WITH THE DEVELOPMENT AND EXECUTION OF THE SWEEPSTAKES (COLLECTIVELY, “SPONSOR PARTIES”) WILL HAVE NO LIABILITY WHATSOEVER FOR, AND WILL BE HELD HARMLESS BY, THE ENTRANT FOR ANY LIABILITY FOR ANY INJURY, LOSS, OR DAMAGE OF ANY KIND, INCLUDING PROPERTY, PERSONAL INJURY OR DEATH DUE IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF THE PRIZE OR PARTICIPATION IN THIS SWEEPSTAKES OR ANY PRIZE RELATED ACTIVITY. SPONSOR PARTIES DISCLAIM ALL WARRANTIES AND THE SELECTED PRIZE WINNERS WAIVE ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EACH ENTRANT AGREES TO RELEASE, INDEMNIFY AND HOLD THE SPONSOR PARTIES HARMLESS FROM AND AGAINST ANY CLAIMS OF LIABILITY, LOSS OR DAMAGE, JUDGMENTS, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEY’S FEES AND ATTORNEY’S DISBURSEMENTS) ARISING OUT OF OR INCURRED IN CONNECTION WITH THEIR PARTICIPATION IN THIS SWEEPSTAKES OR THE ACCEPTANCE OR USE/MISUSE OF ANY PRIZE AWARDED BY SPONSOR.

CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ANY AND ALL REMEDIES AVAILABLE (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

OPT- IN: By completing a survey on our website, Sponsor and our service providers shall be permitted to collect data about your activities that does not personally or directly identify you when you visit Sponsor’s website. This information may include the content you view, the date and time that you view this content, the products that you explore, or your location information associated with your IP address. Sponsor uses the information we collect to serve you more relevant advertisements and may provide such information to the brands for which Sponsor provides samples, retailers that may distribute samples and other products or services. You may opt out by sending an email to CustomerCare@cocoavia.com.

CHOICE OF LAW AND JURISDICTION: All applicable federal, state, provincial and local laws and regulations apply. This Sweepstakes and all matters, issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of entrants, Prize Winners, and Sponsor in connection with this Sweepstakes, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Pennsylvania of the United States, without giving effect to any choice of law or conflict of law rules or provisions (whether of Pennsylvania or any other jurisdiction), which might otherwise cause the application of the laws of any jurisdiction other than the Commonwealth of Pennsylvania. You agree that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Sweepstakes, shall be resolved individually, without resort to any form of class action, exclusively by arbitration in a location selected solely by Sponsor.

NAME REMOVAL: By entering this Sweepstakes, you recognize and agree that the use of your contact information, and any other information collected is subject to Sponsor's Privacy Policy, which is available at: mars.com/privacy. IF YOU DO NOT WISH TO RECEIVE AND WOULD LIKE TO BE REMOVED FROM SUBSEQUENT COMMUNICATIONS REGARDING PROMOTIONS SPONSORED BY THE SPONSOR, CONTACT THE SPONSOR AT THE EMAIL ADDRESS CustomerCare@cocoavia.com.

ARBITRATION: Except where prohibited by law, as a condition of participating in this Sweepstakes, participant agrees that (1) any and all disputes and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association 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 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.

SPONSOR: Mars Symbioscience Inc., 9841 Washingtonian Blvd, Suite 220, Gaithersburg, MD 20878, USA