Driscoll’s #BerryTogether Winter Sweepstakes (“Sweepstakes”)
2018 OFFICIAL RULES
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.
1. ELIGIBILITY: Open to legal residents of the fifty (50) United States and the District of Columbia (D.C.), who are at least 18 years of age and of the legal age of majority in their state (19 in Alabama and Nebraska). The following individuals are not eligible to enter or win a prize: employees, contractors, directors, and officers of Driscoll's (“Sponsor”), its parent, subsidiary and affiliated companies, and the web design, advertising, fulfillment, legal, judging, administrative, and sweepstakes agencies involved in the administration, development, fulfillment, and execution of this Sweepstakes (collectively, “Sweepstakes Parties”), and the immediate family members (spouse, parent, child, sibling, grandparent, and spouse or "step" of each) and those living in the same household of each such person (those persons whether related or not who live in the same residence for at least three months during the twelve-month period preceding the start date of the Sweepstakes). Void where prohibited.
2. SWEEPSTAKES PERIOD: Sweepstakes begins on January 18, 2018 at 9:01:00 a.m. Pacific Time (“PT”) and ends on April 6, 2018 at 3:00:00 p.m. PT (the "Sweepstakes Period"). The Website server is the official clock for this Sweepstakes.
3. TO ENTER: There are two (2) methods of entry for this Sweepstakes:
Instagram: During the Sweepstakes Period, log into your Instagram account (or create a free account if you do not already have one). Then, post one (1) photo sharing your “#berrytogether” moments with Driscoll’s berries, tag @driscollsberry with the hashtags #BerryTogether, #Sweepstakes, with a caption explaining how you will be enjoying Driscoll’s berries this winter to receive one (1) entry into the Sweepstakes (collectively, an “Entry”). (Sample caption: @driscollsberry In winter I enjoy blueberries on top of my warm oatmeal #BerryTogether #Sweepstakes). Your Entry must include the required hashtags, caption, and tag to be eligible. Entry 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). Then, tweet one (1) photo sharing your “#berrytogether” moments with Driscoll’s berries, tag @driscollsberry with the hashtags #BerryTogether, #Sweepstakes, and include a caption explaining how you will be enjoying Driscoll’s berries this winter to receive one (1) entry into the Sweepstakes (collectively, an “Entry”). (Sample caption: @driscollsberry In winter I enjoy blueberries on top of my warm oatmeal #BerryTogether #Sweepstakes). Your Entry must include the required hashtags, caption, and tag to be eligible. Entry 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.
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, 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 will be disqualified and forfeits the prize 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: 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 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.
4. DRAWING AND ODDS OF WINNING: One (1) winner will be selected in a random drawing from among all eligible Entries received during the Sweepstakes Period. Odds of winning depend on the number of eligible Entries received. Drawing will be conducted on or about April 12, 2018 from among all eligible Entries received, by a third-party promotion administrator engaged by Sponsor. Sponsor’s decisions shall be final and binding on all matters relating to the Sweepstakes.
5. PRIZE AND APPROXIMATE RETAIL VALUE (“ARV”):
One (1) Prize: a Vitamix® 7500 (ARV: $529.95), and Berries for a Year, awarded as a $300.00 Visa® pre-paid card.
Total ARV of Prize: $829.95.
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. is not a Sponsor of or affiliated with this Sweepstakes.
6. PRIZE RESTRICTIONS: Prize is non-transferable and no cash redemption or prize substitution permitted, except at the sole discretion of the Sponsor. If prize, or any portion thereof, cannot be awarded for any reason, the Sponsor reserves the right in its sole discretion to substitute the prize (or a portion thereof) in whole or in part with a prize of equal or greater value. All costs and expenses associated with prize acceptance and use not specifically provided herein are the responsibility of the winner. Each winner acknowledges that Sweepstakes Parties have not made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to prize, including but not limited to its quality, mechanical condition or fitness for a particular purpose. Any and all warranties and/or guarantees on a prize (if any) are subject to the respective manufacturers’ terms therefore, and winner agrees to look solely to such manufacturers for any such warranty and/or guarantee.
7. WINNER NOTIFICATION AND PRIZE CLAIM: Winner is subject to verification, including verification of age. Potential winner will be notified via direct message on Twitter and Instagram. It is the winner’s responsibility to timely set account settings to accept contacts by Sponsor and to timely check their account for such messages. Potential winner will be contacted on or about April 16, 2018 and will be required to respond within forty-eight (48) hours with the information requested. If the potential winner does not respond to a notification within forty-eight (48) hours of first notification attempt, prize may be forfeited and an alternate winner may be contacted. Upon receipt of each potential winner’s return message or comment, each of these potential winners will be required to verify his/her eligibility by completing, signing, notarizing, and returning an Affidavit of Eligibility/Liability Release, and, where lawful, a Publicity Release (granting the use of the winner’s name, city/state, likeness, or photograph by Sponsor for advertising/publicity purposes, without further compensation) within five (5) business days of traceable email receipt, or prize may be forfeited and an alternate potential winner may be contacted. Potential winner may be required to demonstrate ownership of the relevant social media account and/or post, in Sponsor’s sole discretion.
Sponsor is not responsible for any change of social media accounts, mailing address, email address, and/or telephone number of entrants. If a prize notification or prize is unclaimed, or returned as undeliverable; if any prize correspondence is not returned within the required time period; if potential winner declines the prize for any reason; or if potential winner is found not to be eligible or in non-compliance with these Official Rules, such potential winner will forfeit the prize. Unclaimed prize will not be awarded.
Taxes: The winner is solely responsible for any taxes on the prize, and will be issued an IRS Form 1099 reporting the value of the prize as additional income in January of 2019. As a condition of winning, potential winner will be required to complete a W9 Tax Form and will be required to furnish his/her social security number for the sole purpose of preparation of any tax forms as required by law.
Prize will be shipped to the address provided during notification within 4-6 weeks after verification.
8. GENERAL CONDITIONS: INTERNET CAUTION: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING CRIMINAL PROSECUTION. If the Sweepstakes is not capable of running as planned for any reason, including without limitation, due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Sweepstakes, Sponsor reserves the right, at its sole discretion, to disqualify any individual who is responsible or who tampers with the entry process, and to cancel, modify, or terminate the Sweepstakes. In the event of cancellation, Sponsor will award the prize in a random drawing from among all eligible, non-suspect Entries received prior to termination/cancellation.
9. LIMITATIONS OF LIABILITY AND RELEASE: No liability or responsibility is assumed by Sponsor or Sweepstakes Parties, Twitter or Instagram (collectively, “Releasees”) resulting from user's participation in, attempt to participate in, or download of any information in connection with participating in, the Sweepstakes. No responsibility or liability is assumed by the Sponsor or Sweepstakes Parties for technical problems or technical malfunction, including, without limitation, those arising in connection with any of the following occurrences that may affect the operation of the Sweepstakes: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless, or Internet connectivity, or other online communication problems; errors or limitations of any Internet service providers, servers, hosts, or providers; garbled, jumbled, or faulty data transmissions; failure of any email transmissions to be sent to or received; lost, late, delayed, or intercepted email transmissions; inaccessibility of the Websites in whole or in part for any reason; traffic congestion on the Internet or the Websites; or unauthorized human or non-human intervention in the operation of the Sweepstakes, including without limitation, unauthorized tampering, hacking, theft, virus, bug, worm; or destruction of any aspect of the Sweepstakes. Sponsor is not responsible for any typographical errors in the announcement of the prize or these Official Rules, or any inaccurate or incorrect data contained on promotional materials or on the Websites. Use of any websites (including without limitation the Websites) is at the user’s own risk. Releasees are not responsible for any personal injury or property damage or any other losses of any kind that may be sustained to user's or any other person's computer equipment resulting from participation in the Sweepstakes, use of the Websites or the download of any information from the Websites, or any other loss related to user’s participation in the Sweepstakes or receipt of any prize. As a condition of entering, entrants agree to release and hold Sponsor, Sweepstakes Parties, Twitter and Instagram harmless from and against any and all liability, loss, or damage incurred with respect to entrant’s participation in the Sweepstakes and the awarding, receipt, possession, and/or use or misuse of any prize.
10. BINDING ARBITRATION: Any controversy or claim arising out of or relating to the Sweepstakes shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS ("JAMS Rules and Procedures") then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply California law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant's filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
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.
11. PUBLICITY: Except in Tennessee, and where prohibited by law, by accepting a prize, the winner grants permission for Sponsor and those acting under its authority to use their name, and address (city and state), photograph, voice, Entry, and/or likeness, for advertising and/or publicity purposes, in any and all media (including posting on Sponsor’s website) now known or hereinafter invented without territorial or time limitations and without further notice to and without additional compensation. If you are selected as a winner, your information may also be included in a publicly-available winner’s list.
12. GOVERNING LAW & JURISDICTION: All issues and questions concerning the construction, validity, interpretation, and enforceability of the Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the state of California, U.S.A., as applicable, without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 10 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of California, in the state courts of Watsonville, California.
13. WINNER INFORMATION: For the winner information, visit www.driscolls.com for up to 30 days after the end of the Sweepstakes Period.
14. SPONSOR: Driscoll’s, 345 Westridge Drive, Watsonville, CA, U.S.A., 95076.