Avocados From Mexico – Taco Tip Off Sweepstakes

5

DATE
AUTHOR
NOTES
11/13/19
PL Legal
Initial Draft

Avocados from mexico taco tip off Sweepstakes
OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER, WIN OR CLAIM A PRIZE. A PURCHASE or payment WILL NOT INCREASE each ENTRANT’s CHANCES OF WINNING.

The Avocados From Mexico Taco Tip Off Sweepstakes (“Sweepstakes”) is sponsored by Avocados From Mexico, Inc. (“Sponsor”), which is a non-profit subsidiary of the Mexican Hass Avocado Importers Association (“MHAIA”) and which is located at 222 W. Las Colinas Blvd. #850E, Irving, TX 75039. The Sweepstakes is administered by an independent third party, Prize Logic (“Administrator”).

Sweepstakes Period: The Sweepstakes begins on March 1, 2020 at 12:00 Noon Eastern Time (“ET”) and ends on April 7, 2020 at 11:59:59 PM ET (“Sweepstakes Period”). The Administrator’s computer is the Sweepstakes official clock.

Eligibility: This Sweepstakes is open to any legal resident of one of the fifty (50) States of United States, or of the District of Columbia who is at least eighteen (18) years old at the time of entry. Employees of Sponsor, Administrator, and each of their respective parent companies, subsidiaries, affiliates, advertising and promotion agencies (collectively, “Sweepstakes Entities”) and each of such employee’s immediate family members (e.g., spouse, parent, child, sibling, and their respective spouses and the “steps” of each, regardless of where they reside) and persons living in the same household as such an employee, whether or not related, are not eligible to enter or win. All federal, state, and local laws apply. Void where prohibited or restricted by law.

By submitting an entry, the eligible person (“Entrant”) agrees unconditionally to these Official Rules and to Sponsor’s decisions and interpretations of such Rules, which are final and binding in all matters related to the Sweepstakes. For purposes of the Sweepstakes, each Entrant’s residential address and e-mail address will be the street address and e-mail address submitted at the time of entry. Each Entrant may not subsequently change his/her street address or e-mail address for the purposes of this Sweepstakes.

HOW TO ENTER THE SWEEPSTAKES: During the Sweepstakes Period, there are two (2) ways to enter:

Text Message Entry: Using an SMS-enabled mobile device, each Entrant may send a text message to the short code “48-411” (“Short Code”) stating the keyword “TACOS” (“Keyword”). Once the text message is received, each Entrant will receive one (1) entry into the Sweepstakes (“Text Message Entry”). All Text Message Entries must be received by Sponsor by 11:59:59 PM ET on April 7, 2020. NOTE: Proof of text message submission does not constitute proof of receipt of the text message.

IMPORTANT: Message and data rates may apply for each text message sent or received. Not all mobile telephone providers carry the service necessary to participate in this Sweepstakes. Each Entrant should consult their wireless provider’s pricing plans. By texting the Keyword to the Short Code, you provide to the Sponsor and Administrator your express consent for you to receive text messages using automated technology in response to your entry related to the Sweepstakes. Consent to receive text messages is not required or a condition of any purchase. Each Entrant may, at any time, stop participating in this Sweepstakes by sending an opt-out text message stating “STOP” to the Short Code. If an Entrant sends an opt-out text message, he/she will receive a reply text message, which will confirm that he/she has been unsubscribed and will receive no further text messages. For help, text the word “HELP” to the Short Code. Each Text Message Entry must be manually key-stroked/entered by the Entrant.

Alternate Method of Entry: To receive entries without sending a text message, an eligible Entrant may visit WorthEveryMoment.com and follow the links and instructions to enter the Sweepstakes. Entrant will receive one (1) Sweepstakes entry after completing the registration.

Entry Limit: Regardless of the method of entry, there is a limit of one (1) entry per person per day during the Sweepstakes Period. If more than one (1) entry per day are received from the same person, telephone number and/or e-mail address in a single day, only the first entry received shall be considered valid. A “day” is defined as starting at 12:00 AM (midnight) ET and ending at 11:59:59 PM ET on a calendar day during the Sweepstakes Period, except on March 1, 2020 when a day is defined as starting at 12:00 Noon ET and ending at 11:59:59 PM ET.

RANDOM DRAWING: On or about April 8, 2020 the Administrator will randomly select thirty-eight (38) potential winners from all eligible entries received, who will each be awarded a prize if his/her eligibility and compliance with these Official Rules is verified.

PrizeS, approximate retail value (“ARV”), and odds of winning:

Prizes: There will be thirty-eight (38) prizes, each consisting of a $250 Visa® Gift Card (“Prize”). The ARV of each Prize is $250. The GiftCards.com Visa® Gift Card is issued by MetaBank®, Member FDIC, pursuant to a license from Visa U.S.A. Inc. The Visa Gift Card can be used everywhere Visa debit cards are accepted in the U.S.A. No Cash or ATM Access. MetaBank and Visa are not the sponsor of the Sweepstakes. Card may have fees that reduce winnings. Funds do not expire.

Total ARV: The total ARV of all Prizes is $9,500.

Odds of Winning: The odds of winning a Prize depend on the number of eligible Sweepstakes Entries received during the Sweepstakes Period.

General Conditions: There is a limit of one (1) Prize per person/household. All costs and expenses not specifically included herein are solely the winner’s responsibility. If, for any reason, more Prize notifications are sent (or more claims are received) than the number of Prizes offered, as set forth in these Official Rules, Sponsor reserves the right to award the intended number of Prizes through a random drawing from among all eligible Prize claims received.

HOW TO CLAIM A PRIZE: The potential winners are subject to verification of eligibility and compliance with these Official Rules. After the random drawing, Administrator will notify the potential winners via telephone or e-mail at the telephone number or e-mail address provided at the time of entry. If a potential winner is disqualified, found to be ineligible or not in compliance with these Official Rules or declines to accept a Prize, the Prize may be forfeited. If a Prize is forfeited, the Prize may be awarded to an alternate winner, selected in a random drawing from among all remaining eligible entries, as determined by Sponsor in its sole discretion. If, after a good-faith attempt, Sponsor is unable to award or deliver a Prize, the Prize will not be re-awarded. Upon verification of eligibility, Prizes will be mailed within 6-8 weeks to the winner at the address provided either at entry or during winner verification. Each winner shall be solely responsible for payment of any and all applicable federal, state, and local taxes for his/her Prize won. All other costs and expenses not expressly set forth herein shall be solely each winner’s responsibility.

Sponsor will attempt to notify each potential winner as set forth above, but Sponsor is not responsible for any undelivered e-mails, including without limitation e-mails that are not received because of a winner’s privacy or spam filter settings which may divert any Sweepstakes e-mail, including any winner notification e-mail, to a spam or junk folder. Prizes that are unclaimed, unredeemed, or returned as undeliverable will not be awarded. Prizes are non-transferable and no Prize substitution, exchange or cash equivalent will be allowed; except that Sponsor reserves the right to substitute a Prize of equal or greater value in case of unavailability of the Prize or force majeure, at Sponsor’s sole and absolute discretion. Sweepstakes Entities shall not be held responsible for any delays in awarding a Prize for any reason.

limitation of liability: By participating in this Sweepstakes, each Entrant agrees that the Sweepstakes Entities and each of their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers and each their respective officers, directors, stockholders, employees, representatives, designees and agents (“Released Parties”) are not responsible for: (i) lost, late, incomplete, stolen, misdirected, postage due or undeliverable e-mail/text notifications or postal mail; (ii) any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability; (iii) garbled, corrupt or jumbled transmissions, service provider/network accessibility, availability or traffic congestion; (iv) any technical, mechanical, printing or typographical or other error; (v) the incorrect or inaccurate capture of registration information or the failure to capture, or loss of, any such information; (vi) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the Sweepstakes; (vii) any injury or damage, whether personal or property, to each Entrants or to any person’s computer related to or resulting from participating in the Sweepstakes and/or accepting a Prize; and (viii) entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Official Rules. Further, the Sweepstakes Entities are not responsible for any unanswered or undeliverable winner notifications.

By entering the Sweepstakes, each Entrant agrees: (i) to be bound by these Official Rules, including entry requirements; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his/her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Sweepstakes; and (iii) to forever and irrevocably agree to release and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable attorneys’ fees) that may arise in connection with: (a) the Sweepstakes, including, but not limited to, any Sweepstakes-related activity or element thereof, and each Entrant’s entries, participation or inability to participate in the Sweepstakes; (b) the violation of any third-party privacy, personal, publicity or proprietary rights; (c) acceptance, receipt, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a Prize (or any component thereof); (d) any change in the prizing (or any components thereof); (e) human error; (f) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties; (g) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof); or (h) the negligence or willful misconduct by an Entrant.

If, for any reason, the Sweepstakes is not capable of running as planned, Sponsor reserves the right, at its sole and absolute discretion, to cancel, terminate, modify or suspend the Sweepstakes and/or proceed with the Sweepstakes, including the selection of winners in a manner it deems fair and reasonable, including the selection of a winner from among eligible entries received prior to such cancellation, termination, modification or suspension. In no event will more Prizes be awarded than are stated in these Official Rules. In the event that, due to technical, typographical, mechanical, administrative, printing, production, computer or other errors, there are more winners than are stated in these Official Rules, a random drawing among the claimants will be held to determine the winner. Notice of such cancelation, termination, or modification of the Sweepstakes shall be posted at www.WorthEveryMoment.com.

WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS SWEEPSTAKES, INCLUDING THE PRIZES, IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

dISPUTES: THIS SWEEPSTAKES IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF MICHIGAN, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN THE OAKLAND COUNTY, MICHIGAN. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JAMS IN ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN MICHIGAN. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN OAKLAND COUNTY, MICHIGAN. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. EACH ENTRANT AGREES THAT THE RIGHTS AND OBLIGATIONS OF ANY ENTRANT AND/OR SWEEPSTAKES ENTITIES AND/OR ANY OTHER PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR FROM THE END OF THE SWEEPSTAKES PERIOD, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.

PRIVACY: Sponsor’s privacy policy is available at https://avocadosfrommexico.com/privacy-policy/.

publicity rights: By participating in this Sweepstakes, each Entrant agrees to allow the Sponsor and Sponsor’s designee the perpetual right to use his/her name, address (city and state), and other information and content provided in connection with the Sweepstakes for promotion, trade, commercial, advertising and publicity purposes in all media worldwide including, but not limited to, on television and the Internet, without notice, review or approval and without additional compensation, except where prohibited by law.

general: Any attempted form of participation in this Sweepstakes other than as described herein is void. Sponsor and Administrator reserve the right, in their sole and absolute discretion, to disqualify any Entrant found or suspected to be tampering with the operation of the Sweepstakes; to be acting in violation of these Official Rules; or to be acting in an unsportsmanlike manner (any use of robotic, automatic, macro, programmed, third party or like methods to participate in the Sweepstakes will void any attempted participation effected by such methods and the disqualification of the individual utilizing the same) or with the intent to disrupt the normal operation of this Sweepstakes. If it is discovered that a person has entered or attempted to enter more than once using multiple phone numbers, e-mail addresses, residential addresses, multiple identities, IP addresses, use of proxy servers, or like methods, all of that person’s entries will be declared null and void and that person will not be awarded any Prize that he/she might have been entitled to receive. In the event of a dispute as to the identity of a winner, the winning entry will be declared made by the authorized account holder of the e-mail address submitted on the registration form associated with such entry. Each Entrant may be required to show proof of being an authorized account holder. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE 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. If any provision of these Official Rules or any word, phrase, clause, sentence, or other portion thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Official Rules valid and enforceable. The invalidity or unenforceability of any provision of these Official Rules or the Prize documents will not affect the validity or enforceability of any other provision. No Entrant shall have the right to modify or amend these Official Rules. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision and such provision shall remain in full force and effect. All entries and/or materials submitted become the property of Sponsor and will not be returned. In the event of any conflict with any Sweepstakes details contained in these Official Rules and Sweepstakes details contained in any promotional materials (including but not limited to point of sale, television and print advertising, promotional packaging and other promotional media), the details of the Sweepstakes as set forth in these Official Rules shall prevail.

winnerS list: For a list of winners, interested individuals should mail a self-addressed stamped business envelope to: Winners List – Avocados From Mexico Taco Tip Off Sweepstakes, P.O. Box 251328, West Bloomfield, MI 48325. Winner List requests must be received no later than June 7, 2020.

© 2020 Avocados From Mexico. All rights reserved.

1

In tastiest tailgate rules we say “Prizes will be fulfilled via text message or email within 6-8 weeks” Also, we don’t mention the second part of the sentence “to the winner at the address provided either at entry or during winner verification” at all in the old rules.
I’m good with this update
How will these prizes be awarded? Are they digital or physical?