Avocados From Mexico – Cinco De Mayo Sweepstakes

AVOCADOS FROM MEXICO CINCO DE MAYO SWEEPSTAKES
OFFICIAL RULES
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR
CHANCES OF WINNING.
AGREEMENT TO OFFICIAL RULES: BY ENTERING THIS SWEEPSTAKES (“SWEEPSTAKES”), YOU AGREE TO
ABIDE BY AND BE BOUND BY THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM
CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO
THE RELEASED PARTIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
THIS SWEEPSTAKES IS NOT SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH
INSTAGRAM, FACEBOOK OR PINTEREST. INSTAGRAM, FACEBOOK OR PINTEREST ARE NOT AFFILIATED
WITH THE SPONSOR IN ANY WAY.
ELIGIBILITY: The Sweepstakes is open to legal residents of any one of the 50 states of the United States
of America or the District of Columbia, who are 21 years of age or older at the time of entry. Winner
must live in the valid area at the time of the drawing and distribution of prizes. Sweepstakes is void
where prohibited by law. Employees, officers and directors of Avocados From Mexico, Inc. ( the
“Sponsor”), its parent company, subsidiaries, affiliates and partners, Richards/Lerma and Innovative
Processing, Inc. (“Administrators”), and any other promotion agencies and other agencies involved in
this Sweepstakes, and each of their respective affiliates (collectively, the “Released Parties”), and
members of the same the household and immediate family members (spouse, child, parent, sibling and
their respective spouses) of all such employees/officers/directors, are NOT eligible to enter or win.
Sweepstakes is subject to all federal, state, and local laws and regulations.
ENTRY PERIOD: This Sweepstakes begins at 6:00 a.m. Central Daylight Time (CDT) on April 15, 2020 and
ends at 11:59 p.m. CDT on May 6, 2020. (“Entry Period”).
HOW TO ENTER: To enter, you must have a valid email account and follow Avocados From Mexico on
Instagram. Sweepstakes will be advertised on Instagram, Facebook and Pinterest. Entrants must post a
picture of their Cinco Bowl on Instagram using all three of the hashtags, #HomeMadeCinco,
#Guacamole and #Sweepstakes and tag following @AvocadosFromMexico. Participants must have
their Instagram account set to PUBLIC so the Sponsor will be able to Direct Message back with a
unique link that will take them to an eligibility entry form. The form must be completed in full to
confirm their participation and count as one (1) valid entry into the sweepstakes. There is a limit of one
(1) entry per person/household.
Any attempt by an Entrant to enter using any other method of entry will be disqualified. The Released
Parties assume no responsibility for lost, late, or misdirected entries or any computer, online, telephone,
or technical malfunctions that may occur. By participating in the Sweepstakes, each Entrant
unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of
the Sponsor, including the interpretation of these Official Rules and Sponsor’s exercise of discretion,
which will be final and binding in all respects.
Please see the “Privacy” section below for details regarding the use of personal information collected in
connection with this Sweepstakes.
PRIZES/ RETAIL VALUE: There are Eighty (80) First Prizes of a $50 prize. (distributed as a Bank Gift Card)
Total value is $50/ea. One (1) Grand Prize of a $500 prize. (distributed as a Bank Gift Card)
The total approximate retail value for this sweepstakes is $4,500.
DRAWING/WINNER SELECTION:
First Prize: There is a total of Eighty (80) first prize winners. Four (4) potential $50 First Prize winners
will be selected in a random drawing each day from April 17, 2020 through May 7, 2020 on or about
2:00 p.m. CDT by the Administrator from all eligible entries received through the prior day of each
drawing. Odds of winning a prize depend on the number of eligible entries received up to each drawing.
Grand Prize: One (1) Grand Prize winner of a $500 prize, drawing will be conducted on May 7, 2020 from
all eligible entries received during the entire Sweepstakes time period. Sponsor’s decisions on all
matters relating to the Sweepstakes are final and binding.
PRIZE LIMIT: Limit one First Prize per person/household for this Sweepstakes. Limit of one prize (valued
at $1,000 or more) per person/household during any consecutive twelve (12) month period from any
promotion sponsored by Sponsor.
ALL EXPENSES OR COSTS ASSOCIATED WITH ACCEPTANCE OF A PRIZE NOT MENTIONED HEREIN ARE THE
SOLE RESPONSIBILITY OF THE PRIZE WINNER. No cash equivalent or other substitutions will be
permitted, except the Sponsor reserves the right in its sole discretion to substitute any prize with
another prize of equal or greater value in the event that the prize (or any component thereof) is not
available as determined by the Sponsor in its sole discretion. Any local, state or federal taxes associated
with any prize awarded in connection with the Sweepstakes are the sole responsibility of the Prize
Winner. The Prize Winner will also be required to disclose his/her social security number for the purpose
of issuance of an IRS Form 1099. The value of the prize, as ultimately determined the Sponsor, cannot
be challenged or appealed. The Released Parties are not liable for the payment of any taxes associated
with acceptance of the prize. Any gift card prize is subject to the terms and conditions stated on gift
card.
PRIZE NOTIFICATION: Prize winner(s) will be contacted using email announcing that they have won the
prize. The email will be sent from: Avocados@letushelponline.com. We suggest that this URL be set as a
secure sight on your computer to guarantee you receive the announcement. The prize will then be
mailed to the address given on the eligibility entry form. Return of any prize, or notification that the
prize was undeliverable, in the Sponsor’s sole discretion, result in disqualification of the potential winner
and forfeiture of the prize. If a potential winner forfeits a prize, no alternative compensation will be
given.
PUBLICITY RELEASE: Subject to applicable law, by accepting the prize, the Prize winner irrevocably
grants to Sponsor the right to use and publish his/her proper name, city and state of residence, likeness,
photograph, picture, portrait, voice, biographical information and/or any statements made by Prize
winner regarding the Sweepstakes or Sponsor online and in print and in any other media now known or
hereafter developed, worldwide, in perpetuity, in connection with the Sweepstakes and for advertising
and promotional purposes, without additional compensation or notification. The Sponsor has full
ownership of all content captured during the sweepstakes period and during the prize fulfillment period.
RELEASE AND LIMITATIONS OF LIABILITY / ADDITIONAL TERMS: By entering the Sweepstakes, each
Entrant agrees, and by accepting the Prize the Prize winners agree, to release, indemnify and hold
harmless the Released Parties from and against any liability, loss, damage, cost, and expense that the
Released Parties may suffer as a result of any claims, suits, demands, actions, causes of action
(“Claims”), penalties, expenses, or costs, including reasonable attorneys’ fees (“Losses”), whether
foreseen or unforeseen, that may be made or had against the Released Parties arising from or in
connection with the Sweepstakes, including, but not limited to, all such Claims and Losses arising from:
1) any prize won; 2) the negligence, reckless acts, and/or intentional or willful misconduct by Entrants or
Prize winner; 3) any injuries, death, damage to persons or property, losses, or other damage of any kind
that the Entrants or Prize winner may sustain which may be caused, directly or indirectly, in whole or in
part, from or in connection with their participation in the Sweepstakes or receipt of any prize, unless
prohibited by law; and 4) any claims based on publicity rights, defamation, misappropriation, false
association, invasion of privacy, copyright infringement, trademark infringement or any other
intellectual property related cause of action and/or breach of contract. THE RELEASED PARTIES SHALL
NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF ENTRANTS’ ACCESS
TO AND USE OF THE SWEEPSTAKES, DOWNLOADING FROM AND/OR PRINTING MATERIAL
DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE SWEEPSTAKES; OR PRIZE WINNER’S USE
OF PRIZE. THE RELEASED PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF
ACTION SHALL NOT EXCEED $100. WITHOUT LIMITING THE FOREGOING, THIS SWEEPSTAKES AND ALL
PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
As a condition of entering the Sweepstakes, the Prize winner gives consent for Sponsor to obtain and
deliver his/her name, address, and other information to third parties for the purpose of administering
this Sweepstakes and complying with applicable laws, regulations, and rules. Any information Entrant
provides to Sponsor may be used to communicate with Entrant in relation to this Sweepstakes or on a
Sweepstakes winners list. Sponsor is not responsible for any typographical or other error in the printing
of this offer, administration of the Sweepstakes, or in the announcement of prizes. In the event Sponsor
is prevented from continuing with this Sweepstakes, or the integrity and/or feasibility of the
Sweepstakes is undermined by any event including, but not limited to: fire, flood, epidemic, earthquake,
explosion, labor dispute or strike, public enemy, satellite or equipment failure, riot or civil disturbance,
war (declared or undeclared), terrorist threat or activity, or any federal, state or local government law,
order or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s
control (each a “Force Majeure” event or occurrence), Sponsor shall have the right, in its sole discretion,
to abbreviate, modify, suspend, cancel, or terminate the Sweepstakes. In the event of cancellation,
Sponsor will award the prize to an Entrant randomly selected from among all valid and eligible entries
received up to the time of such Force Majeure event.
DISPUTES; GOVERNING LAW: The parties waive all rights to trial in any action or proceeding instituted
in connection with these Official Rules, including, without limitation, the Sweepstakes. Any controversy
or claim arising out of or relating to these Official Rules and/or the Sweepstakes shall be settled by
private and confidential binding arbitration in accordance with the commercial arbitration rules of the
American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual
basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party
including any form of class or representative action. The arbitration shall be conducted in the District of
Columbia. ALL ASPECTS OF THE OPERATION OF THE SWEEPSTAKES, AS WELL AS THE CONSTRUCTION,
VALIDITY, INTERPRETATION AND ENFORCEMENT OF THESE OFFICIAL RULES AND THE INTERPRETATION
OF ITS TERMS, AS WELL AS THE RESPECTIVE RIGHTS OF THE SPONSOR OF, PARTICIPANTS IN, AND
WINNER OF THE SWEEPSTAKES, SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE
LAWS OF THE STATE OF THE DISTRICT OF COLUMBIA WITHOUT REGARD TO ITS CONFLICTS OF LAWS
RULES. For any matters which are not subject to arbitration as set forth in these Official Rules and/or in
connection with the entering of any judgment on an arbitration award in connection with these Official
Rules and/or the Sweepstakes, the parties irrevocably submit and consent to the exclusive jurisdiction
and venue of the state and federal courts located in the District of Columbia. The parties agree not to
raise the defense of forum non conveniens.
PRIVACY: All information submitted by Entrants will be treated according to Sponsor’s privacy policy,
available at: http://avocadosfrommexico.com/privacy-policy/ By participating in the Sweepstakes and
providing any personal information, Entrants hereby agree to Sponsors’ collection and usage of their
personal information and acknowledge that they have read and accepted the terms of Sponsor’s privacy
policy.
WINNER NAMES: To receive a copy of the winners list, mail a self-addressed stamped envelope to: AFM
Cinco de Mayo Sweepstakes Winners List, PO Box 240, Clear Lake, MN 55319. All mail in requests must
be received by: May 30, 2020.
SPONSOR: Avocados From Mexico Inc., 222 W. Las Colinas Blvd., Suite 850E, Irving, TX 75039.
Administrators: LERMA, 7007 Twin Hills Ave, Suite 300, Dallas, TX, 75231.
Innovative Processing, Inc., PO Box 240, Clear Lake, MN 55319.