7/5/23 Contest Rules | Domex Superfresh Growers® Sweeten Up Your Summer Contest
www.superfreshgrowers.com/eatc...
OFFICIAL DOMEX SUPERFRESH GROWERS® – SWEETEN UP YOUR SUMMER CONTEST
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT INCREASE CHANCES OF WINNING.
ELIGIBILITY:
The Domex Superfresh Growers® Sweeten Up Your Summer Contest (“Contest”) entry period begins on July 5, 2023 at 12:00:00 a.m. Pacific Time (“PT”) and ends on July 31, 2023 at 11:59:59 p.m. PT (“Promotion Period”). The Contest is open to legal residents of the 50 United States and the District of Columbia, who are at least 18 years of age and the age of majority in their jurisdiction of residence at time of entry. Void where prohibited. Employees of Domex Superfresh Growers (“Sponsor”) and its parent companies, subsidiaries, affiliates, advertising agencies, public relations agencies, prize suppliers, including any vendors providing services in connection with this Contest (collectively, the “Sponsor Affiliates”), and employees, agents, directors, officers (including members of their immediate family – i.e., spouse, mother, father, in-laws, grandmother, grandfather, brother, sister, children and grandchildren – or those living in the same household) of Sponsor or any Sponsor Affiliates are not eligible to participate. Contest is subject to all applicable federal, state, and local laws.
HOW TO ENTER:
There are three ways to enter. 1) To enter via Instagram, follow The Domex Superfresh Growers Instagram account (http://instagram.com/superfreshgrowers) then post a photo of your favorite cherry usage idea, recipe or fun activity with the hashtag #eatcherries, and tag the Domex Superfresh Growers Instagram account (@superfreshgrowers). 2) To enter via Facebook, like and follow the Domex Superfresh Growers Facebook page (https://www.facebook.com/superfreshgrowers) then post a photo on your personal Facebook page of your favorite cherry usage idea, recipe or fun activity with the hashtag #eatcherries and mention the Domex Superfresh Growers Facebook page in the post. 3) To enter via Twitter, follow the Domex Superfresh Growers Twitter account (https://twitter.com/superfreshgrwrz) then post a photo of your favorite cherry usage idea, recipe or fun activity with the hashtag #eatcherries and tag the Domex Superfresh Growers twitter account (@superfreshgrwrz). The photo must include Superfresh Growers cherries. See below for Required Representations and Warranties for more information about requirements of the entry process. Failure to complete any step outlined, or to follow any of the Official Rules will result in disqualification of attempted entry. All entries along with the entrant’s Instagram, Facebook, or Twitter username may be publicly posted on the Contest Site (www.superfreshgrowers.com/sweetenupyoursummer) and on any or all of the Sponsor’s social media pages/platforms, and marketing materials during the Promotion Period and thereafter, which will be at full discretion of Sponsor. For each image submitted that meets the entry criteria set forth in these Official Rules, the entrant shall receive one (1) entry in the Drawing.
You may enter as often as you like, but each entry must be unique. Sponsor is not responsible for lost, late, misdirected entries or entries not received regardless of cause. The entry will be deemed to have been directly submitted by the authorized account holder of the Instagram, Twitter, or Facebook account. The authorized account holder is deemed to be the natural person who is assigned to the Instagram, Twitter, or Facebook account associated with the entry.
REQUIRED REPRESENTATIONS AND WARRANTIES:
To be eligible, you must comply with the following restrictions:
(i) Your image must be your own original image, created and shot by you; must not have been previously published, released or distributed in any form; must not have been entered into any other promotion or competition nor won any award; and must not infringe the copyright, trademark, privacy, publicity, or other personal or proprietary rights of any person or entity. Modification of an existing image does not count as an original image for purposes of this Contest.
(ii) You represent that you have the express consent of any identifiable persons appearing in the image to their likeness being used in the ways set out in these Official Rules, including Sponsor’s right to use the image for any future commercial purpose without restrictions. Upon request, you will obtain written consent of any such persons for Sponsor. If any person appearing in the image is under the age of majority in their state of residence, the written consent and signature of a parent or legal guardian is required. The image must not contain any personally identifiable information of any person.
(iii) Excluding those of Sponsor, the image must not contain or reference any names, products or services of any company or entity or any third-party trademarks, logos, trade dress or promotion of any brand, product or service.
(iv) The image must not be lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, violate any laws or otherwise contain content which Sponsor in its sole discretion decides is inappropriate or objectionable.
Images that do not comply with the above requirements may not receive an entry into the Contest. Sponsor reserves the right in its sole discretion to disqualify any entry that it believes violates or potentially violates any of the foregoing requirements or otherwise fails to comply with any provision of these Official Rules. Entrants agree to reimburse Sponsor and Sponsor Affiliates in full in respect of any losses, damages, and expenses, including reasonable attorney fees that they may sustain from the breach of a representation or warranty made by the entrant or the use of any rights granted by the entrant to Sponsor hereunder. By entering, entrant warrants that the submitted image complies with the entry requirements set out above, including those at (i)-(iv) above. By entering, entrant grants to Sponsor a non-exclusive, worldwide, royalty-free, sub-licensable, assignable license to reproduce that image and to otherwise use, exploit, copy, modify, adapt, edit, publish and display the image in any form, manner, venue, media or technology now known or later developed for any and all purposes, including, without limitation, for purposes of trade, advertising, and promotion as Sponsor and its licensees or assignees determine, without further compensation, notification, or permission. Further, by entering, the entrant hereby waives any moral rights the entrant may have in the image in favor of the Sponsor. At Sponsor’s request and in its sole discretion, as a condition of being awarded the prize, winners may be required to execute an assignment and release transferring all rights and ownership of their image to Sponsor, the form of such assignment to be determined by Sponsor.
WINNER SELECTION:
Three (3) prize winners (“Potential Winners”) will be chosen at random from among all eligible entries received during the Promotion Period. Drawing will be conducted before August 5th, 2023.
PRIZES:
One (1) Grand Prize winner shall receive $1000 awarded in the form of a Visa, MasterCard or American Express gift card, and one (1) Second Prize winner shall receive $500 awarded in the form of a Visa, MasterCard or American Express gift card, and one (1) Third Prize winner shall receive $250 awarded in the form of a Visa, MasterCard or American Express gift card. Federal, state, and local taxes on prizes, if any, and any other costs, fees and expenses not listed above as specifically included as part of the prize are the sole responsibility of winner.
The odds of winning a Prize depends upon the number of eligible entries received.
WINNER NOTIFICATION/RELEASES:
The Potential Winners shall be announced on the Contest Site, and announced in duplicate on the official promotion Facebook page, Twitter and Instagram feeds. A comment will also be posted to the Potential Winner’s Instagram, Facebook or Twitter post or wall with instructions to contact the Sponsor to claim the prize, or Potential Winner may be notified via a direct message through Facebook, Twitter, or Instagram. The Potential Winners, in Sponsor’s sole discretion, may be required to claim ownership of the winning account, and may, as necessary and at Sponsor’s sole discretion, be asked to demonstrate control of such account. The Potential Winners will have 48 hours from the moment such Notification is issued to respond to such Notification by following the instructions provided therein. If the Potential Winners timely respond to such Notification, the Potential Winners may be required to sign, notarize and return an affidavit of eligibility/liability, photo releases and publicity release within 48 hours of the date of notification. Return of any prize notification as undeliverable will result in disqualification and selection of an alternate winner. If a Potential Winner does not reply to the notification within the 48-hours limit provided above, is ineligible, or cannot or does not comply with the Official Rules, the Potential Winner will be disqualified, the prize will be forfeited and an alternate winner may be selected, at Sponsor’s discretion, in a second chance drawing of all eligible entries received during the Promotion Period. By entering and/or participating, Entrants agree
(i) to be bound by these Official Rules and Sponsor’s Privacy Policy as set forth In these Official Rules,
(ii) that the decision of the Sponsor is final and binding on all matters relating to the Contest;
(iii) to be contacted by Sponsor by e-mail, telephone and/or mail; And
(iv) except where prohibited by law, by accepting the Prize, the winner consents to the use of his or her Name, Voice, Picture or other Likeness for advertising, promotional and other purposes in any media as determined by sponsor without further approval or compensation.
PUBLICITY & MARKETING:
Submission of an entry in the Contest constitutes permission to the Sponsor to use entrants’ name, image, biographical information, voice, statements, image, picture and likeness for purposes of advertising and trade, in any medium, without further notice, approval, or compensation, unless prohibited by law. Submission of contact information in connection with this Contest (whether or not required), including without limitation mailing address, phone number, email address, Instagram handle, Twitter handle, and Facebook account, during entry constitutes permission for Sponsor to use entrant’s personal information for purposes of administration of the Contest. Entrants also may opt-in to be added to Sponsor’s customer database and to permit Sponsor to contact entrant in the future for promotional and other reasons. You may opt-out of receiving such communications as set forth in Sponsor’s Privacy Policy (located at www.superfreshgrowers.com) or as provided within any such marketing materials (e.g., using the “Unsubscribe” feature provided in the footer of Sponsor’s emails).
NO LIABILITY & INDEMNIFICATION:
Neither Sponsor, Sponsor Affiliates, Facebook, Inc., Instagram, Inc., nor Twitter, nor their respective directors, officers, employees, agents and assigns, harmless from and against any and all claims and liability (the “Released Parties”) are responsible for and entrants release each from any failures of any kind (whether caused by computer, technical, or human error) which may either limit the entrant’s ability to submit an entry, register a vote, claim a prize, or otherwise participate in this Contest, or a Released Party’s ability to include all eligible entries, votes, judging, notify potential winners, or otherwise execute this Contest in the manner intended. Entrants further release and agree to release and indemnify the Released Parties from all liability, claims or actions of any kind for injuries, death, damages, or losses to persons or property alleged to have been sustained in connection with this Contest s including, but not limited to: (a) the receipt, ownership or use of any prize awarded; (b) any typographical or other error in these Official Rules or any other materials disseminated by Sponsor; and (c) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with any equipment, systems, networks, lines, satellites, servers, computers, or providers used by an entrant or Released Party.
OTHER TERMS:
Sponsor reserves the right to cancel or modify the Contest for any reason, including but not limited to, if fraud, misconduct or technical failures destroy the integrity of the Contest, or if a computer virus, bug, or other technical problem corrupts the administration, security, or proper administration of the Contest as determined by Sponsor, in its sole discretion. Sponsor reserves the right to disqualify or prohibit the participation of an individual if fraud or tampering is suspected, or if the individual fails to comply with any requirement of participation or with any provision in these Official Rules. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL & CIVIL LAWS. SPONSOR RESERVES THE RIGHT TO DISQUALIFY AND/OR SEEK DAMAGES FROM ANY INDIVIDUAL MAKING ANY SUCH ATTEMPTS TO THE FULL EXTENT PERMITTED BY LAW.
GOVERNING LAW & MANDATORY ARBITRATION:
Any disputes arising under this Contest and/or these Official Rules will be governed by the internal laws of the State of Washington. Sponsor and each entrant agree that any such claim or dispute between the parties, or between a party and any agent, employee, successor, or assign of the other, related to this Contest and/or these Official Rules (including the applicability of this arbitration clause) shall be resolved by binding arbitration administered by the JAMS under its rules and procedures in effect when the claim is filed. The rules and procedures and other information, including information on fees, may be obtained from JAMS’ website (www.jamsadr.com) or by calling JAMS at 949-224-1810. Any award by the arbitrator(s) may be entered as a judgment in any court having jurisdiction.
SEVERABILITY:
If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
This Contest is in no way sponsored, endorsed or administered by, or associated with, Instagram, Twitter, or Facebook, or any named or depicted third party sponsors whose likeness may appear from time to time on the Contest Site. Any questions, comments or complaints regarding the Contest should be directed to Sponsor.
SPONSOR:
Domex Superfresh Growers 151 Low Road, Yakima, WA 98908.