Aunt Nellie’s – Beet Week 2020 Sweepstakes

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Aunt Nellie’s Beet Week 2020 Sweepstakes
SWEEPSTAKES RULES AND REGULATIONS
1. NO PURCHASE, CONTRIBUTION OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A
PURCHASE DOES NOT INCREASE CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
2. ELIGIBILITY: The Sweepstakes is open only to contestants who sign up at the online Sweepstakes page
and/or participate in the designated optional activities and who are 18 years of age or older and of the
age of majority in the jurisdiction where they reside as of the date of entry. The Sweepstakes is only
open to legal residents of the United States, living in one of the 50 United States or the District of
Columbia, and is void where prohibited by law. Employees of Seneca Foods Corporation, and its
affiliates (Sponsor), their respective affiliates, advertising and promotion agencies, suppliers, and
members of their immediate family and/or those living in the same household of each are not eligible to
participate in the Sweepstakes. The Sweepstakes is subject to all applicable federal, state, and local laws
and regulations and is void where prohibited.
3. AGREEMENT TO OFFICIAL RULES: By participating, entrants agree to be fully and unconditionally bound
by these Rules, Sponsor’s, and Administrator’s decisions, which are final and binding in all matters
related to the Sweepstakes and they represent and warrant that they meet the eligibility requirements
set forth herein. All federal, state, local laws and regulations apply. Submission of an Entry grants
Sponsor and its agents the right to publish, use, adapt, edit and/or modify such Entry in any way, in any
and all media, without limitations, and without any additional notification, permission, or consideration
to the entrant.
4. SWEEPSTAKES PERIOD: The Sweepstakes period begins on October 4, 2020 at 12:00 A.M. (EDT) and
continues through October17, 2020 at 11:59pm (EDT).
5. HOW TO ENTER: Visit www.AuntNellies.com/beetweek2020 and follow all online instructions to submit
an entry. Seven (7) prizes will be awarded during the Sweepstakes period which will be randomly
selected from entrants who enter their name, email and zip code and follow Aunt Nellies on Facebook
and Instagram.
Limit: one (1) entry per person per day. Maximum total number of entries will be 14.
All entries become Sponsor’s property and will not be acknowledged. Entries that are mechanically
reproduced, generated by a script, macro, or create various accounts to circumvent entry restrictions by
automated means and/or otherwise not in compliance with these rules will be disqualified. Sponsor is
not responsible for lost, late, incomplete, invalid unintelligible or misdirected entries which will be
disqualified. In the event of a dispute as to the ownership of any entry, the authorized account holder of
the email address used to enter the Sweepstakes will be deemed to be the entrant. The “authorized
account holder” is the natural person assigned 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 address. Potential winners may be required to show proof of being the
authorized account holder. Sponsor reserves the right to disqualify any entry for any reason, in its sole
and absolute discretion.
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By entering the Contest, entrant irrevocably grants to Aunt Nellie’s and its agents the unconditional and
perpetual right to post, display, edit, adapt and publish any or all of the entries submitted in any media
without attribution or compensation to the entrant, his or her successors or assigns, or any other entity
unless prohibited by law.
6. PRIZES & APPROXIMATE RETAIL VALUE (ARV): Seven (7) prizes of a $50 digital gift card + 1 case of Aunt
Nellies Beets will be awarded. Single prize ARV is $75. Sponsor’s and Administrator’s decisions are final
and binding.
Total ARV of prize is: $525.00. Prize awarded “as is.” Gift card is from a third party and is subject to the
terms and conditions of the issuer. Taxes are not Sponsor’s responsibility. No substitutions, cash
redemption, or transfer of prizes permitted by winners. Sponsor is not liable for more than the one prize
listed above and has the right to substitute prizes for equal or greater value. NO ENTRANT IS
GUARANTEED TO WIN ANY PRIZE OF ANY KIND. THE ODDS OF WINNING DEPEND ON THE NUMBER OF
ENTRIES RECEIVED.
7. SELECTION & NOTIFICATION OF WINNERS: The potential prize winners will be selected via a random
drawing to be conducted within three (3) business days after the conclusion of the Entry Period.
Random drawings will be conducted by Administrator, whose decisions are final and binding. Potential
winners will be notified by email to the email address provided and must respond with their full name,
address, city, state, zip code and daytime phone number within 48 hours of attempted notification. Two
(2) attempts will be made to contact potential winners within a two (2) day period. If a potential winner
fails to respond within the two (2) day period or if the email is returned as undeliverable or if
Administrator fails to reach a potential winner for any reason, including a potential winner’s use of a
spam filter, or if a potential winner fails to respond for any reason to the notification as directed, that
potential winner will be disqualified and an alternate winner will be selected and notified using the
same method. After a potential winner is contacted and she/he responds to the email notification, the
potential winner may be required to execute, sign and return an Affidavit of Eligibility and Release of
Liability/Publicity (“Affidavit/Release”), except where prohibited by law, within five (5) days of the date
specified on Affidavit/Release notification. Failure to comply within aforementioned time period may
result in forfeiture of the prize and the prize may be awarded to an alternate winner. If prize is returned
as undeliverable or if prize is forfeited, it will result in disqualification, and that prize will not be
awarded. Attempts will be made to notify up to three (3) alternate winners for the unfulfilled prize after
which that prize will not be awarded.
8. PUBLICITY: Except where prohibited, participation in this Sweepstakes constitutes participant’s consent
to use of participant’s name, likeness, voice, opinions and biographical information for publicity,
advertising, trade, or promotional purposes in any media or manner, now known or hereafter devised,
worldwide, without further payment, consideration, notice or approval.
9. TERMS: Sponsor, its suppliers, agents, affiliates, consultants and service providers are not responsible
for any typographical or other error in the printing, the offering or the announcement of any prize or in
the administration of the promotion, whether caused by computer, technical or human error. Winner
assumes all liability and agrees to hold Sponsor, its suppliers, advertisers, agents, affiliates, consultants
and service providers harmless for any injury or damage caused, or claimed to be caused, by
participation in this promotion or use or redemption of any prize.
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In the event of any conflict between the Official rules and any abbreviated rules of advertising
distributed in connection with the Sweepstakes, the terms and conditions of the Official Rules posted at
www.AuntNellies.com/beetweek2020 shall prevail.
Sponsor reserves the right to cancel or modify the program at any time and for any reason, including but
not limited to, destruction of the integrity of the promotion by fraud, misconduct or technical failures,
or if a computer virus, bug, or other technical problem corrupts the administration, security, or proper
administration of the promotion. Sponsor reserves the right to disqualify, freeze or prohibit the
participation of an individual if fraud or tampering is suspected, or if the individual fails to comply with
any requirement of participation or with any provision in these Sweepstakes Rules. CAUTION: ANY
ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE OPERATION OF THIS PROMOTION MAY BE A
VIOLATION OF CRIMINAL AND CIVIL LAWS. SPONSOR RESERVES THE RIGHT TO DISQUALIFY AND/OR
SEEK DAMAGES FROM ANY INDIVIDUAL MAKING ANY SUCH ATTEMPTS TO THE FULL EXTENT PERMITTED
BY LAW.
10. RELEASE OF LIABILITY; DISCLAIMER OF WARRANTIES: By entering this Sweepstakes, entrants release
Sponsor, its suppliers, advertisers, agents, affiliates, consultants and service providers, from any liability,
loss, harm, damage, cost or expenses whatsoever incurred which may occur in connection with any part
of this Sweepstakes and with the acceptance, ownership, and/or use of the prizes. ALL PRIZES, WILL BE
AWARDED “AS IS,” AND SPONSOR EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE.
11. PRIVACY: Personally identifiable information that is submitted by entrants as part of this Sweepstakes
will be used to administer the Sweepstakes, select prize winners and fulfill prizes.
12. GOVERNING LAW/JURISDICTION: all issues and questions concerning the construction, validity,
interpretation and enforceability of these official rules or the rights and obligations of entrants or
sponsor in connection with the Sweepstakes shall be governed by and construed in accordance with the
internal laws of the state of New York without giving effect to any choice of law or conflict of law rules
or provisions that would cause the application of any other state’s laws.
13. Binding Arbitration: Any controversy or claim arising out of or relating to this Promotion shall be
settled by binding arbitration at a location within the greater New York, NY, metropolitan area selected
by the arbitrator (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 New York 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,
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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 PROMOTION IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY
ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
14. CLASS ACTION: No class action suits. By participating in sponsor’s sweepstakes, each entrant and prize
winner (and his/her parent/legal guardian, if an eligible minor) 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 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 OR PRIZE WINNER 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 (1) ENTRANT AND PRIZE WINNER’S REMEDIES ARE LIMITED TO A
CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK
INJUNCTIVE OR EQUITABLE RELIEF; (5) this Promotion is governed by the laws of the state of New York
without regard to its conflicts of law principles and any and all disputes, claims and causes of action
arising out of or connected with this Promotion, and except for the arbitration noted above all disputes
shall be litigated exclusively before a court of competent jurisdiction located within the state of New
York; if any provision or provisions of these official rules shall be held to be invalid, illegal,
unenforceable or in conflict with the law, the validity, legality and enforceability of the remaining
provisions shall not in any way be affected or impaired thereby; and seven (7) entrants shall be bound
by these official rules.
15. INDEMIFICATION CLAUSE: Entrants (and, if eligible minors, their parents or legal guardians) agree (a)
that Sponsor and Promotion Parties are released, will have no liability whatsoever for, and shall be held
harmless by entrants against any liability for any injuries, losses or damages of any kind to person(s),
including death, or property resulting in whole or in part, directly or indirectly, from acceptance,
possession, misuse or use of any prize or participation in this Sweepstakes or any Sweepstakes-related
activities, including any travel related thereto and (b) except where legally prohibited, winners (and, if
eligible minors, their parents or legal guardians) grant (and agree to confirm that grant in writing)
permission to Sponsor and those acting under their respective authority the right to the use of his/her
name, picture, likeness, persona, voice, image, biographical information and statements, at any time or
times, for advertising, trade, publicity and promotional purposes without additional compensation, in all
media now known or hereafter discovered, worldwide in perpetuity, and on the Internet and World
Wide Web, without notice, review or approval, unless prohibited by law.
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16. This Contest/Sweepstakes is in no way sponsored, endorsed, or administered by, or associated with,
Facebook, Pinterest, Twitter, or Instagram. By entering the Contest/Sweepstakes, participants fully
release Facebook, Pinterest, Twitter, or Instagram from any liability. You understand that you are
providing your information to Sponsor and not to Facebook. The information you provide will only be
used in connection with this Contest/Sweepstakes and by Sponsor for contact purposes. As such, please
direct any questions, comments, or complaints regarding the promotion to the Promotion
Administrator.
17. WINNERS LIST/OFFICIAL RULES: To obtain a copy of these Official Rules (print this page) and/or any
legally-required winners list, send a self-addressed stamped envelope to: Aunt Nellie’s Beet Week
Sweepstakes, 332 South Michigan Ave., 9th
floor, Chicago, IL 60604. All such requests must be received
by 12/31/2020.
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