Driscoll’s Summer Grilling Sweepstakes – Official Rules
DRISCOLL’S SUMMER SIZZLE SWEEPSTAKES
OFFICIAL RULES
NO PURCHASE REQUIRED. VOID WHERE PROHIBITED BY LAW. During the period beginning at 12:00 AM Central Time (CT) July 1, 2011 and ending at 11:59 PM CT on August 15, 2011, (the “Promotion Period”) Driscoll Strawberry Associates, Inc. (the “Sponsor”) will offer a sweepstakes randomly drawn once to entrants who are legal U.S. residents currently residing in Minnesota and are at least eighteen (18) years of age at time of entry.
1. How to Enter: Enter the Sweepstakes by either texting “strawberry” and your email address to 80565 or online at www.driscolls.com/lb by clicking on the icon, banner or text link to take you to the Sweepstakes entry webpage, filling out the online entry form and following instructions for submitting an entry.
Entry Period: All entries must be received by 11:59 PM CT on August 15, 2011.
Limit one (1) entry per person/email address per day of each Sweepstakes Period. MAXIMUM 46 ENTRIES PER INDIVIDUAL/HOUSEHOLD/EMAIL ADDRESS/COMPUTER DURING ENTIRE PROMOTIONAL PERIOD. No mass entries or mechanically reproduced entries will be accepted. Sweepstakes entries become the property of Sponsor.
Alternate method of Entry: Send a postcard to arrive by August 15, 2011 with your name, address, phone number, email address to Driscoll’s Summer Sizzle Sweepstakes, PO Box 50045, Watsonville, CA 95077.
Incomplete entries will be disqualified. In the event of any dispute regarding the identity of a person submitting an online entry, the entry will be deemed submitted by the authorized email account holder, which is defined for purposes of these Official Rules as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted email address. A selected winner may be requested to provide the Sponsor with proof that the selected winner is the authorized account holder of the email address associated with the winning entry. If a dispute cannot be resolved, the entry will be deemed ineligible. NO PURCHASE NECESSARY. A purchase will not increase your chances of winning. Official Rules are posted here at www.driscolls.com/lb. VOID WHERE PROHIBITED.
2. Sweepstakes Period: The Sweepstakes begins at 12:00 AM CT on July 1, 2011 and ends on August 15, 2011 at 11:59 PM CT (The “Sweepstakes Period”).
3. Prizes: For Entry Period, one (1) Grand Prize winner will receive a Weber® Summit® S-670TM LP Gas Grill; ten (10) Second Prize winners will each receive a package of 52 $5 Driscoll’s coupons.
Approximate Retail Value (“ARV”) of Grand Prize: $2,599; ARV of second prize is $260 per winner, total Second Prize package valued at $2,600.
Approximate Retail Value of Entire Prize Package: $5,199.00.
No prize substitution, except at Sponsor’s sole discretion or as otherwise provided herein. Prize is not transferable or redeemable for cash. Sponsor reserves the right to substitute the prize for one of equal or greater value if the designated prize should become unavailable for any reason. Any taxes are the responsibility of the winner/recipient.
No prize substitution, except at Sponsor’s sole discretion or as otherwise provided herein. Prize is not transferable or redeemable for cash. Sponsor reserves the right to substitute the prize for one of equal or greater value if the designated prize should become unavailable for any reason. Any taxes are the responsibility of the winner/recipient.
4. Odds of Winning: Odds of winning depend on the number of entries received during each Sweepstakes Period.
5. Random Drawing: Prize Winners will be selected at random by Sponsor, on or about the first business day following the close of the Sweepstakes Period, from all eligible Sweepstakes entries received during such Sweepstakes Period. Sponsor’s decisions are final and binding on all aspects of this Sweepstakes and not subject to appeal. Prize Winner will be notified by mail and/or email within one (1) week of being selected. Prize Winner will be required to complete and sign an affidavit of eligibility and a liability/publicity release, to be returned within ten (10) days of date notice is sent or prize will be forfeited. If a Prize or Prize notification is returned as undeliverable, or in the event of noncompliance with any of the requirements of these Official Rules, the Prize will be forfeited and an alternate winner will be selected at random from the remaining eligible entries received during the applicable Sweepstakes Period and confirmed in accordance with these Official Rules.
6. Eligibility: Sweepstakes is open only to legal U.S. residents of Minnesota where Driscoll’s products are sold in retail grocery stores and who are at least eighteen (18) years of age at the time of entry. Employees of Sponsor, its affiliates, advertising and promotion agencies, and anyone involved in the development or execution of this promotion, including Lunds/Byerlys retailers and their affiliates, and the immediate families (parents, spouses, siblings, and children and their spouses) and members of the households of such employees are ineligible. Limit one (1) Grand Prize per person and (1) Second Prize per person.
7. Sponsor: The DRISCOLL’S® SUMMER SIZZLE SWEEPSTAKES is sponsored and administered by Driscoll Strawberry Associates, Inc. PO BOX 50045, Watsonville, CA 95077 (“Sponsor”).
8. General Rules of Participation: Sweepstakes 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 Sweepstakes. All federal, state and local taxes are solely the responsibility of the prize winner. Sponsor is not responsible for printing, typographical, mechanical or other errors in these Official Rules or other materials or communications relating to the Sweepstakes. 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 Sweepstakes (the “Releases”), from any and all liability or any damages or causes of action (however named or described) arising out of participation in the Sweepstakes 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 Sweepstakes in any way it deems necessary or appropriate. Sponsor reserves the right permanently to disqualify from the Sweepstakes 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.
9. Internet: The use of any automated launching or entry software or any other mechanical or electronic means that permits the participant to automatically register and/or enter repeatedly is prohibited and all such entries will be disqualified. If for any reason the Sweepstakes 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 Sweepstakes, 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 Sweepstakes. Should the Sweepstakes be terminated, Sponsor reserves the right to select the prize winner in a random drawing from among all eligible, nonsuspect entries 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 Sweepstakes or downloading any materials in connection with this Sweepstakes. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
10. Promotional Conditions: VOID WHERE PROHIBITED. This Promotion is subject to all applicable federal, state and local laws of the United States. By participating, each Sweepstakes Entrant hereby irrevocably and perpetually (a) agrees to be fully and unconditionally bound by these Official Rules and the decisions of the Promotion Entities 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 Entities 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 Entities 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.
11. 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 Sweepstakes 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 100 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. 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, SWEEPSTAKES 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.
12. 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.
13. Winners’ List Request: For a list of the winners, send a self-addressed, stamped (business size) envelope to Driscoll’s Summer Sizzle Sweepstakes PO Box 50045, Watsonville, CA 95077. Requests must be received by December 31, 2011.