Driscoll’s “Everyday Joy” Sweepstakes (“Sweepstakes”)
2017 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 AT THE TIME OF ENTRY (19 IN ALABAMA AND NEBRASKA). 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 at the time of entry (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 , Inc. ("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).
2. SWEEPSTAKES PERIOD: Sweepstakes begins on January 2, 2017 at 9:01:00 a.m. Pacific Standard Time (“PST”) and ends on March 31, 2017 at 5:00:00 p.m. Pacific Daylight Time (“PDT”) (the "Sweepstakes Period"). The Website server is the official clock for this Sweepstakes.
3. TO ENTER: During the Sweepstakes Period, go online to www.driscolls.com and click on the icon, banner, or link to take you to the Sweepstakes entry page (collectively, the “Website”). Follow the on-screen directions to complete and submit the online entry form to receive one (1) entry into the Sweepstakes. For your entry to be valid, you must complete all required information.
Limit one (1) entry per person/email address per day. For purposes of this Sweepstakes, a "day" is defined as the 24-hour period between 12:00:00 a.m. (midnight) PST/PDT (as applicable) and 11:59:59 p.m. PST/PDT, with the exception of the first day of the Sweepstakes which starts at 9:01:00 a.m. PST and the last day of the Sweepstakes which ends at 5:00:00 p.m. PDT. Automated means of entry are prohibited and any use of automated devices will cause disqualification. Use of email addresses from disposable or temporary e-mail address services, or email forwarding services, is prohibited and any attempt to enter using such an email address will be blocked. In the event of a dispute as to who submitted an entry, the name of the "authorized account holder" associated with the email address will be deemed to be the entrant and must comply with these Official Rules. The authorized account holder is defined as the natural person who is assigned to the email address by an Internet access provider, online service provider, or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address. Entrants may not enter with multiple email addresses nor may entrants use any other device or artifice to enter multiple times above the stated limit or as multiple entrants. Any entrant who attempts to enter with multiple email addresses or uses any device or artifice 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 is not proof of receipt by Sponsor. By participating, entrants agree to abide by and be bound by these Official Rules and the Sponsor’s decisions.
4. DRAWING AND ODDS OF WINNING: Three (3) potential winners will be selected in a random drawing on or about April 4, 2017 at 9:00 a.m. CST in Elmhurst, IL, U.S.A. from all eligible entries received. Odds of winning depend on the number of eligible entries received. The drawing will be conducted by a third-party administrator, whose decisions shall be final and binding in all matters relating to the Sweepstakes.
5. PRIZES AND APPROXIMATE RETAIL VALUE ("ARV"):
Three (3) Prizes: Berries for a Year, awarded as a $260 USD Visa pre-paid card.
Total ARV of Prizes: $780.00 USD.
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: Limit one (1) prize per person/household. Winners are solely responsible for any taxes on their respective prize. Prizes are not transferable and no cash redemption or substitution of prize is permitted except at the sole discretion of the Sponsor. If a prize, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right in its sole discretion to substitute a prize with one of comparable or greater value. Sponsor does not make, nor in any manner is responsible or liable for, any warranty, representation or guarantee, express or implied, in fact or in law, relative to any prize including but not limited to its quality, fitness for purpose, or technical condition.
7. WINNER NOTIFICATION AND PRIZE CLAIM: Winners are subject to verification, including verification of age. The potential winners will be notified via the email address used to enter the Sweepstakes and will be required to confirm shipping address. If a potential winner does not respond to an email notification within five (5) calendar days and/or is found not to be eligible, or not in compliance with these Official Rules, if prize is unclaimed, or returned as undeliverable, or if prize is rejected, the potential winner will be disqualified and the prize will be forfeited, and may be awarded to an alternate winner. If any potential winner is from Canada: in order to be declared a winner, a skill-testing question must be correctly answered without assistance of any kind. Any potential winner from Canada who incorrectly answers the time-limited skill-testing question will be disqualified and an alternate potential winner will be chosen time permitting. Sponsor is not responsible for any change of email address, mailing address, and/or telephone number of entrants. Prize winners should allow 4-6 weeks for shipment of prizes after notification and/or verification. Unclaimed prizes will not be awarded.
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 Web Site; 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 prizes 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. 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), photograph, voice and/or likeness, for advertising and/or publicity purposes, in any and all media (including posting on Web Site) 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.
11. 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 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.
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 11 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. WINNERS LIST: For a list of the winners, visit www.driscolls.com for up to 30 days after the Sweepstakes has ended.
14. SPONSOR: Driscoll’s, Inc., 345 Westridge Drive, Watsonville, CA, U.S.A., 95076.