NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. THIS SWEEPSTAKES IS INTENDED FOR PLAY IN THE UNITED STATES BY ENTRANTS WHO ARE 18 YEARS OF AGE OR OLDER AND OF THE LEGAL AGE OF MAJORITY IN THEIR STATE AT THE TIME OF ENTRY (19 IN ALABAMA AND NEBRASKA). DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY. VOID WHERE PROHIBITED.
Instagram: During the Sweepstakes Period, log into your Instagram account (or create a free account if you do not already have one) on www.instagram.com (the “Website”). Then, post one (1) unique photo of how you “berry together” with friends or family with hashtags #BerryTogether and #Sweepstakes to receive one (1) entry into the Sweepstakes. Your post must include both of the required hashtags and one (1) photo to be eligible as an entry. Post content will not be judged. Your Instagram account must be public to enter. If your account is set to “Private,” your entry may not be visible and you may not be able to receive any direct messages from the Sponsor.
Twitter: During the Sweepstakes Period, log into your Twitter account (or create a free account if you do not already have one) on www.twitter.com (also, the “Website”). Then, Tweet one (1) unique photo of how you “berry together” with friends or family with hashtags #BerryTogether and #Sweepstakes to receive one (1) entry into the Sweepstakes. Your Tweet must tag @driscollsberry and include both of the required hashtags and one (1) photo to be eligible as an entry. Tweet content will not be judged. Your Twitter account must be public to enter. If your account is set to “Private,” your entry may not be visible and you may not be able to receive any direct messages from the Sponsor.
Important Notice: If you post photos or receive updates from Twitter or Instagram via your wireless device, standard data charges will apply. Please consult your data rate plan regarding pricing for data.
Limit one (1) entry per person/social media account for each method of entry outlined above per day for a total of two (2) entries per person/social media account per day of the Sweepstakes. For the purposes of this Sweepstakes, a “day” begins at 12:00:00 am PT and ends at 11:59:59 pm PT, except for the first day of the Sweepstakes which begins at 9:01:00 am PT, and the last day of the Sweepstakes which ends at 3:00:00 pm PT. Each entry must be unique.
Automated means of entry are prohibited and any use of automated devices will cause disqualification. Enter using only a Twitter or Instagram account registered in your name. In the event of a dispute regarding the identity of the entrant, the natural person associated with the corresponding social media account provided with the entry will be considered the entrant, provided such individual is otherwise eligible to enter. Entrants may not enter with multiple social media accounts above the stated limit, nor may entrants use any other device or artifice to enter as multiple entrants. Any entrant who attempts to enter with multiple Twitter or Instagram accounts, or uses any device or artifice including robotic, repetitive, automatic, programmed or similar entry methods or agents to enter multiple times above the stated limit will be disqualified and forfeits any and all prizes won, in Sponsor’s sole discretion. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor. By participating, entrants agree to abide by and be bound by these Official Rules and the Sponsor’s decisions.
Content: Entries must not include any references to competitor brand names or labels, any third party trademarks, names or third party logos (except for Sponsor trademarks), or any copyrighted works owned by third parties, and must not otherwise infringe any third party’s rights. Photos must be the original work of the entrant. Each entry must be suitable for display and publication in all forms of media, including but not limited to the internet, the World Wide Web, print, radio, and network, cable or satellite television broadcast. Accordingly, entries must be dignified, modest and in good taste, may not be obscene or indecent, including but not limited to profanity, must not contain any offensive or defamatory statements/references including but not limited to words/images that might be considered offensive to individuals of any race, ethnicity, religion, orientation or socioeconomic group, must not include threats to any person, place, business, group or world peace, must not invade privacy, publicity, or other rights of any person, firm or entity, must not portray Sponsor or Sponsor’s brands or products in any way that might tend to subject any of them to public contempt, scandal, disrepute or ridicule, and must not in any other way violate any applicable laws, rules or regulations. Sponsor reserves the right to make determinations of suitability in its sole and absolute discretion, and to disqualify any entries it determines to be inappropriate for any of the foregoing reasons or any other reason. Entries containing prohibited material or inappropriate content, or deemed to be in violation of these Official Rules or otherwise infringing, harmful, inappropriate, or defamatory, or generally not in keeping with the image of the Sponsor, as determined by the Sponsor in Sponsor’s sole discretion, may be disqualified and will not be eligible to participate in the Sweepstakes. Any entrant whose entry contains likenesses of third parties must be able to provide legal releases for Sponsor’s use of such entry, in a form satisfactory to the Sponsor, upon request, prior to award of prize and/or naming of entrant as a winner.
Submission of an entry grants Sponsor and its agents the unconditional, irrevocable, worldwide right to publish, use, adapt, edit and/or modify the entry in any way, in whole or in part, in any and all media, without limitation, and without further consideration to the entrant, whether or not such entry is selected as a winning entry. BY SUBMITTING AN ENTRY, ENTRANT ACKNOWLEDGES THAT HIS/HER ENTRY MAY BE POSTED ON SPONSOR’S WEBSITES IN SPONSOR’S SOLE DISCRETION. By participating, entrants agree to abide by and be bound by these Official Rules.
One (1) Grand Prize: a Kitchenaid® Pro 600™ Series Quart Bowl-Lift Stand Mixer, valued at $599.99, a Kitchenaid® Professional-Grade Nonstick 5-piece Bakeware Set, valued at $99.00, and Berries for a Year, awarded as a $300.00 Visa® pre-paid card. ARV of Grand Prize: $998.99
Three (3) First Prizes: Berries for a Year, awarded as a $300.00 Visa® pre-paid card.
Total ARV of all prizes in the Sweepstakes: $ 1,898.99
Prepaid cards are subject to the restrictions, terms and conditions set by the issuer. Visa and the Visa logo is a registered trademark of Visa U.S.A. Inc. Visa U.S.A. Inc. and Kitchenaid are not Sponsors of or affiliated with this Sweepstakes.
Prize may be forfeited and an alternate winner may be contacted if: (1) a prize notification or prize is unclaimed or returned as undeliverable; (2) if notification is not received in a timely manner for any reason including because of spam filters; (3) if any prize correspondence is not returned within the required time period; (4) or, if a potential winner declines the prize for any reason or is found to be ineligible or noncompliant with these Official Rules. Sponsor is not responsible for any change of social media accounts, mailing address, email address, and/or telephone number of entrants. Unclaimed prizes will not be awarded. Prizes will be shipped to the addresses provided during notification within 4-6 weeks after verification.
Taxes: The Grand Prize winner is solely responsible for any taxes on the Grand Prize, and will be issued an IRS Form 1099 reporting the value of the Grand Prize. The potential Grand Prize winner will be required to complete a W-9 Tax Form and will be required to furnish his or her social security number for the sole purpose of preparation of any tax forms as required by law. First Prize winners are solely responsible for any federal, state, and/or local taxes, if any, or any other costs, fees, or expenses, if any, on the prize they received.
BY PARTICIPATING IN THIS SWEEPSTAKES, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES (OTHER THAN ACTUAL OUT OF POCKET EXPENSES), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.