“Driscoll’s Berry Birthday Sweepstakes (”Sweepstakes”)
2021 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 AND CANADA (EXCLUDING QUEBEC) BY ENTRANTS WHO ARE 18 YEARS OF AGE OR OLDER AND OF THE LEGAL AGE OF MAJORITY IN THEIR STATE OR PROVINCE/TERRITORY OF RESIDENCE AT THE TIME OF ENTRY (19 IN ALABAMA, NEBRASKA, BRITISH COLUMBIA, NOVA SCOTIA, NEW BRUNSWICK, YUKON, NUNAVUT, NORTHWEST TERRITORIES, NEWFOUNDLAND AND LABRADOR). DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN THE UNITED STATES OR CANADA (EXCLUDING QUEBEC) AT THE TIME OF ENTRY. VOID IN QUEBEC AND WHERE PROHIBITED.
1. ELIGIBILITY: Open to legal residents of the fifty (50) United States, the District of Columbia (including active duty U.S. military personnel and their families stationed in U.S. military bases), and Canada (excluding Quebec) who are at least 18 years of age and of the legal age of majority in their state or province/territory of residence at the time of entry (19 in Alabama, Nebraska, British Columbia, Nova Scotia, New Brunswick, Yukon, Nunavut, Northwest Territories, Newfoundland and Labrador). The following individuals are not eligible to enter or win a prize: employees, contractors, directors, and officers of Driscoll's ("Sponsor"), its parent companies, subsidiaries 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 in Quebec and where prohibited.
2. SWEEPSTAKES PERIOD: Sweepstakes begins on January 1, 2021 at 12:00:00 a.m. Pacific Time (“PT”) and ends on December 31, 2021 at 11:59:59 p.m. PT Pacific Time (“PT”) (the "Sweepstakes Period") and consists of twelve (12) Drawing Periods. Each Drawing Period begins on the first day and ends on the last day of each of the following months: January 2021 through December 2021. The Website server is the official clock for this Sweepstakes.
3. TO ENTER: During the Sweepstakes Period, a Driscoll’s Email Program Subscribers will receive an email during his/her birthday month communicating how to enter the sweepstakes. Entrant may enter at any time during the Drawing Period in which they have a birthday.
4. DRAWINGS AND ODDS OF WINNING:
Grand Prize Drawings: One (1) Potential Grand Prize winner will be randomly selected in each of the twelve (12) drawings (one for each Drawing Period, as defined below) from all eligible entries received for the corresponding Drawing Period on or about the Drawing Date (per chart below). Entries will not roll-over into subsequent Drawing Periods. Odds of winning a Grand Prize depend on the number of eligible entries received for the applicable Entry Period drawing.
Drawing Period Start and End Dates (from 12:00:00 a.m. PT to 11:59.59 p.m. PT) Drawing Date (on or about)
January 2021 1/1/2021 – 1/31/2021 February 8, 2021
February 2021 2/1/2021 - 2/28/2021 March 8, 2021
March 2021 3/1/2021- 3/31/2021 April 6, 2021
April 2021 4/1/2021 – 4/30/2021 May 7, 2021
May 2021 5/1/2021 – 5/31/2021 June 7, 2021
June 2021 6/1/2021 – 6/30/2021 July 7, 2021
July 2021 7/1/2021 – 7/31/2021 August 6, 2021
August 2021 8/1/2021 - 8/31/2021 September 8, 2021
September 2021 9/1/2021 - 9/30/2021 October 6, 2021
October 2021 10/1/2021 – 10/31/2021 November 5, 2021
November 2021 11/01/2021 – 11/30/2021 December 8, 2021
December 2021 12/01/2021 – 12/31/2021 January 11, 2021
5. PRIZE AND VALUE:
Twelve (12) Grand Prizes: $100 USD/$140 CAD Visa® pre-paid gift card.
Pre-paid cards are subject to the restrictions, terms, and conditions set by the issuer. Visa and the Visa logo are registered trademarks of Visa U.S.A. Inc. Visa U.S.A. Inc. is not a sponsor of or affiliated with this Sweepstakes.
6. PRIZE RESTRICTIONS: Grand Prize winner is solely responsible for any federal, state, provincial/territorial and/or local taxes, if any, or any other costs, fees, or expenses, if any, on the prize they receive. Prize is not transferable, and no substitution of prize is permitted except at the sole discretion of the Sponsor. If the prize cannot be awarded for any reason, Sponsor reserves the right in its sole discretion to substitute the prize with one of equal or greater value.
7. WINNER NOTIFICATION AND PRIZE CLAIM: Grand Prize winner is subject to verification, including verification of age. The potential Grand Prize winner will be notified via the email address used to enter the Sweepstakes and will be required to respond within five (5) business days with the prize claim information requested. If the potential Grand Prize winner does not respond to a notification within five (5) business days of first notification attempt, prize may be forfeited, and an alternate potential Grand Prize winner may be contacted. The prize will be shipped to the mailing addresses provided within 4 – 6 weeks after verification.
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 the 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 mailing address, email address, and/or telephone number of entrants.
If potential Grand Prize winner is from Canada: in order to be declared the Grand Prize winner, a skill-testing question must be correctly answered without assistance of any kind. A potential Grand Prize winner from Canada who incorrectly answers the time-limited skill-testing question will be disqualified, and an alternate potential Grand Prize winner will be chosen time permitting.
9. LIMITATIONS OF LIABILITY AND RELEASE: No liability or responsibility is assumed by Sponsor or Sweepstakes Parties resulting from user’s participation in, attempt to participate in the Sweepstakes, 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 arising in connection with any of the following occurrences, without limitation, 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 Website in whole or in part for any reason; traffic congestion on the Internet or Website; 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 the Website. Use of Website is at user’s own risk. Sponsor and the Sweepstakes Parties are not responsible for any personal injury or property damage or 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 Website, or the download of any information from the Website. As a condition of entering, entrants agree to release and hold Sponsor and the Sweepstakes Parties harmless from 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: To the fullest extent permitted by applicable law, 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 THE 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, winner grants permission for Sponsor and those acting under its authority to use his/her name, and address (city and state/province/territory), photograph, voice and/or likeness, for advertising and/or publicity purposes, in any and all media (including posting on 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 the winner, your information may also be included in a publicly-available winner's list.
12. GOVERNING LAW & JURISDICTION: To the fullest extent permitted by applicable law, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of the 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., without giving effect to any choice of law or conflict of law 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 any judgment on an arbitration award shall be resolved exclusively in the federal, state and local courts located in Santa Cruz County, California. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision. If any provision of these Official Rules is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced.
13. WINNER LIST: For winner information, visit www.driscolls.com for up to 30 days after the end of the Sweepstakes Period.
14. SPONSOR: Driscoll’s, Inc. 345 Westridge Drive, Watsonville, CA, U.S.A., 95076.