Driscoll's Celebrate the Sweeter Moments Contest

OFFICIAL RULES

NO PURCHASE REQUIRED.  INTERNET AND A VALID E-MAIL ADDRESS ARE REQUIRED TO ENTER.  A SUBMISSION IS REQUIRED FOR ELIGIBLE ENTRY INTO THE CONTEST.  VOID WHERE PROHIBITED BY LAW.

CONTEST; The Driscoll’s Celebrate The Sweeter Moments Contest (“Contest”) begins on November 1, 2011 at 9:00 AM Pacific Time (PT) and ends  on January 9, 2012 at 5:00 PM Pacific Time (PT) (“Contest Period”).

HOW TO ENTER: During the Contest Entry Period, visit the Driscoll’s Sweeter Moments website (www.driscolls.com/sweetmoments) to access the Contest Entry Form. Complete the Contest Entry Form by following the on-screen directions and upload a photo that depicts you or your family having a sweet moment or celebratory event that depicts or relates to berries (“Photo”) and write a caption of 140 characters or less explaining why berries were integral to the moment or event (“Caption”) (collectively, the Photo and Caption are referred to as the “Entry”).  Entries must be received no later than December 15, 2011 at 5:00 PM Pacific Time (PT) according to the computer time on the Administrator’s server. Contest Entities that are incomplete, garbled, or otherwise corrupt are void and will not be accepted. Contest Entities are not responsible for lost, late, misdirected or corrupted entries. All entries become the property of the Sponsor and will not be returned or acknowledged. Persons discovered entering the Contest under several names will be disqualified. No hand delivered, mailed in or e-mailed deliveries will be accepted. Contest Entities reserve the right to disqualify false submissions or submissions suspected of being false. In the event of a dispute as to the identity of a Selected Contestant, the Selected Contestant will be deemed to be the person in whose name the e-mail account governing the e-mail address was opened.  Limit one (1) Entry per person per email address.  In the event of multiple entries per person per email address, Driscoll’s will consider the first entry, based on Administrator’s server date and time stamp, the official entry into the Contest.   No mass entries or mechanically reproduced entries will be accepted. Contest entries become the property of Driscoll Strawberry Associates, Inc (“Sponsor”).

ELIGIBILITY AND SPONSOR; Driscoll’s Celebrate The Sweeter Moments Contest is open to lawful permanent and legal U.S. residents of the 50 U.S. states and the District of Columbia who are at least eighteen (18) years of age at time of entry.  The Contest is void in Puerto Rico, the U.S. Virgin Islands, U.S. Military installations in foreign countries, all other U.S. territories and possessions, and wherever else restricted or prohibited by law. Employees of Sponsor, its affiliates, advertising and promotion agencies, and anyone involved in the development or execution of this promotion, and the immediate families (parents, spouses, siblings, and children and their spouses),  and members of the households of such employees are ineligible. The DRISCOLL’S® CELEBRATE THE SWEETER MOMENTS CONTEST is sponsored and administered by Driscoll Strawberry Associates, Inc. PO BOX 50045, Watsonville, CA 95077 (“Sponsor”).

CONTEST SUBMISSION GUIDELINES:  Photos must be submitted in one of the following formats: .jpg, .gif, or .png (100 MB max).  All entries will be prescreened to insure the entries have correctly met the Submission Guidelines and meet Contest Entities’ general standards and practices prior to posting for online voting.  The entrant MUST be the parent/legal guardian of any child depicted in the Photo, or have permission from a parent/legal guardian of each child depicted to submit the Entry in this Contest.  Failure to comply will result in disqualification of the Entry.  Your Submission must be truthful, non-fictional, and an original work of authorship created by you, the person who submits the entry. It must be no longer than 140 characters. Submissions may not contain any illegal, offensive or obscene subject matter, as determined in Contest Entities’ sole discretion. Contestants may not copy or otherwise plagiarize the Submission from any source, nor may the Submissions include third party copyrighted material.  Contestant must hold all rights to the entire Submission at the time the Submission is forwarded to Contest Entities. Contest Entities are not responsible for legal protection or clearance of Submissions in any form. Contestant agrees to indemnify Contest Entities against any and all claims from any third party for any use by Contest Entities of Submission. If, in the sole discretion of Contest Entities, your Submission constitutes copyright infringement or otherwise violates the rights of any third party, including any rights of privacy or publicity, the Submission will be disqualified. Entries that are incomplete or corrupted are void and will not be accepted.  YOUR ENTRY MUST BE TRUTHFUL. Once submitted, your Submission becomes the property of Sponsor. We may modify any description or photograph used in your Submission and any part of your Submission (modified or not) may be used for promotional purposes on Sponsor’s website and/or on Sponsor’s social media pages without compensation to you.  By submitting an Entry, entrant warrants and represents that all persons appearing in the Photo and/or identified in the Story have consented to (a) appear in the Photo and/or be identified in the Story, (b) have the Entry submitted into the Contest, and (c) Sponsor’s use of the Entry as provided in these Official Rules.  Each qualified submission will display the Entrant’s first name, last initial and state of residence with his/her entry.

ONLINE VOTING: The voting period (“Voting Period”) will start on December 19 at 9:00 AM Pacific Time (PT) and will end on January 9, 2012 at 5:00 PM Pacific Time (PT).  Voters must be at least 13 years old at time of voting. Limit one (1) vote per person per email address per day.  Automated methods of voting are prohibited. Prior to the Voting Period, all photos and captions will be prescreened on the following criteria: compliance with character limit, proper grammar and language of caption and the quality and clarity of the photo. Any submissions that do not meet these requirements will not be available for the Voting Period.

CONTEST JUDGING AND NOTIFICATION: The top ten (10) Entries that received the most votes from the online Voting Period will move to the Panel Judging round.  In the event of a tie, all tied Entries will be submitted to the Panel Judging round.  Judging will be completed in one (1) round.  All entries will be prescreened to insure the entries have correctly met the Submission Guidelines and meet Contest Entities’ general standards and practices prior to any judging (“Qualified Submissions”).  The judging period (“Judging Period”) will start on January 11, 2012 at 9:00 AM Pacific Time (PT) and end on January 20, 2012 at 5:00 PM Pacific Time (PT). Qualified Submissions in the Finalist pool will be judged by a qualified panel of judges using the following criteria: Creativity and originality of the Photo and Caption (up to 10 points), clarity and relevance of the images and story to Driscoll’s Berries (up to 10 points) and number of votes received during the online voting period (up to 5 points) – See chart below for scoring.  The top scoring entry will be deemed the Grand Prize Winner.  In the event of a tie, all tying entries will be rescored to determine one (1) Grand Prize Winner.  Remaining contestants from the panel judging will receive the second prize.

CONTEST PRIZES: One (1) grand prize winner will receive a Viking Professional Cookware set; Nine (9) finalists will receive a second prize of twenty (20) $5 Driscoll’s coupons. Prizes are not redeemable for cash or transferable, No substitution allowed except at Administrator’s sole discretion, a prize of equal or greater value may be substituted. The Grand Prize will be awarded provided it is validly claimed by February 10,  2012. In the event that the Grand Prize winner does not claim the prize by February 10, 2012 or if the Grand Prize winner does not meet the conditions in the Driscoll’s Sweet Moments Official Rules, the Grand Prize will be awarded to the next highest scoring Entrant according to overall points awarded from the Panel Judging.

Approximate Retail Value (“ARV”) of Grand Prize: $1,395. ARV of Second Prize is $100 per winner, total Second Prize package valued at $900.

TOTAL APPROXIMATE RETAIL VALUE OF ENTIRE PRIZE PACKAGE: $2,253.

SPONSOR: GENERAL RULES OF PARTICIPATION: Contest entrants agree to be bound by the terms of these Official Rules and decisions of Sponsor, which are final and binding on all matters relating to this Contest. All federal, state and local taxes are solely the responsibility of the prize winner. Sponsor and promotional partners are not responsible for printing, typographical, mechanical or other errors in these Official Rules or other materials or communications relating to the Contest. By entering, participants release Sponsor, and its parent companies, subsidiaries, affiliates, and each of their respective directors, officers, shareholders, owners, employees, representatives, agents, advertising and promotion agencies and all others associated with the development or execution of the Contest (the “Releases”), from any and all liability or any damages or causes of action (however named or described) arising out of participation in the Contest and/or the receipt, use, misuse or nonuse of the prize awarded, including, without limitation, liability for personal injury, death or property damage. Releases do not make any warranty, representation or guarantee, express or implied, in fact or in law, relative to the use of any prize, including, without limitation, quality, merchantability, and fitness for a particular purpose. Sponsor reserves the right to modify this Contest in any way it deems necessary or appropriate. Sponsor reserves the right permanently to disqualify from the Contest any person it believes has violated these Official Rules. All federal, state and local laws apply. Entry constitutes permission for Sponsor and its agencies to use a winner’s name, voice and/or likeness for purposes of advertising, promotion and publicity, without further compensation, unless prohibited by law.

INTERNET: The use of any automated launching or entry software or any other mechanical or electronic means that permits the participant to automatically enter and/or repeatedly upload photos and stories is prohibited and all such entries will be disqualified. If for any reason the Contest is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest, Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Contest. Should the Contest be terminated, Sponsor reserves the right to select the prize winner in a random drawing from among all eligible, non-suspect submissions received as of the action requiring such termination. Releases assume no responsibility for 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. Releases are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer online 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 or traffic congestion on the Internet or at any website, 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 Contest or downloading any materials in connection with this Contest. CAUTION: ANY ATTEMPT BY ANY ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE IN VIOLATION OF CRIMINAL AND/OR CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, CONTEST ENTITIES RESERVE THE UNRESTRICTED RIGHT, EXERCISABLE AT ANY TIME IN PROMOTION ENTITIES' SOLE DISCRETION, AND WITHOUT WAIVER OF OR LIMITATION ON ANY OF PROMOTION ENTITIES’ OTHER AVAILABLE LEGAL AND/OR EQUITABLE RIGHTS AND REMEDIES, TO SEEK CIVIL AND/OR CRIMINAL PROSECUTION AND DAMAGES (INCLUDING ATTORNEYS' FEES) FROM AND AGAINST ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW.

PROMOTIONAL CONDITIONS: VOID WHERE PROHIBITED. This Promotion is subject to all applicable federal, state and local laws of the United States. By participating, each Contest Entrant hereby irrevocably and perpetually (a) agrees to be fully and unconditionally bound by these Official Rules and the decisions of the Promotion Partners and (b) waives any right to claim ambiguity in the Promotion or these Official Rules. Each Promotion Entrant hereby irrevocably and perpetually agrees to release, discharge, indemnify and hold harmless the Promotion Partners and each of their respective officers, directors, employees, shareholders, attorneys, representatives and agents from and against any and all claims, judgments, damages, losses, disability, attorneys' fees, and costs of litigation and settlement, as well as any liability due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from (i) redemption, acceptance, possession, ownership, misuse or use of any prize or participation in any Promotion-related activity or participation in this Promotion, or (ii) printing, distribution, production or mailing/e-mailing/communication/transmission errors. Promotion Partners or their affiliates may rescind any promotion found to contain such errors, without liability, at its sole discretion. NEITHER PROMOTION ENTITIES NOR THEIR REPRESENTATIVES MAKE ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE OF ANY PRIZE, INCLUDING, WITHOUT LIMITATION, QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (UNLESS PROMOTION ENTITIES ELECT TO PROVIDE ANY PRIZE RECIPIENT WITH ANY EXPRESS WRITTEN WARRANTIES). FURTHER, NEITHER SPONSOR NOR THE PROMOTION ENTITIES ACCEPT ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS OR ACTS OF ANY GOVERNMENT OR AUTHORITY.

RESTRICTIONS: Promotion Entities shall not be liable to Selected Entrant for failure to supply a prize or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other similar or dissimilar cause beyond Promotion Entity’s sole and reasonable control.

LIMITATIONS OF LIABILITY:Promotion Entities are not responsible for: (a) lost, late, misdirected, undeliverable, incomplete or indecipherable entries due to system errors or failures, or faulty transmissions or other telecommunications malfunctions and/or entries; (b) technical failures of any kinds; (c) failures of any of the equipment or programming associated with or utilized in the Promotion; (d) unauthorized human and/or mechanical intervention in any part of the entry process or the Promotion; (e) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (f) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from any Entrant's participation in the Promotion or receipt or use of any prize. Promotion Entities may prohibit an Entrant from participating in the Promotion or receiving any prize if, in Promotion Entities' sole discretion, Promotion Entities determines that such Entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unsafe or unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other Entrants or Promotion Entities' representatives. Promotion Entities reserve the right to cancel or suspend the Promotion, in their sole discretion, should it receive fewer than 25 entries. If for any reason this Promotion is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, or any other similar or dissimilar causes beyond the sole and reasonable control of Promotion Entities which corrupt or affect the administration, security, fairness, integrity or proper, safe and fair conduct of the Promotion, then Promotion Entities reserve the right, exercisable at any time in Promotion Entities' sole discretion, to cancel, terminate, modify or suspend all or any part of the Promotion and to select the Selected Entrant by means of a random drawing from among all eligible Promotion entries received by Promotion Entities up until the time of such cancellation, termination, modification or suspension, as applicable.

PRIVACY POLICY AND TERMS OF USE: All personal information collected by Promotion Entities will be used for administration of the Promotion. In addition, Entrants may receive email correspondence from, or on behalf of the Sponsor or promotional partners, subject to the Sponsor’s privacy policy. Sponsor uses reasonable commercial efforts to comply with Federal CAN-SPAM guidelines, and Entrants may subsequently opt-out of receiving further emails by following the opt-out instructions contained in the email. Please refer to Sponsor’s privacy policy located at: http://www.driscolls.com/footer/privacy-policy.php for important information regarding the collection, use and disclosure of personal information by Sponsor. Any questions regarding privacy matters should be directed to the address set out below. In additional, information provided by Entrants may be used by Sponsor to send Entrants marketing and advertising materials by mail and/or email.

WINNERS LIST: The Grand Prize Winner and the Runners-up will be posted to the Driscoll’s website on or around March 1, 2012.