Diamond Foods – Win the War with Pop Secret – Win a grand prize of a Trip for 2 to the Premiere of a Marvel movie in Los Angeles OR 1 of 1,950 minor prizes
WIN THE WAR WITH POP SECRET SWEEPSTAKES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO PLAY OR WIN. A PURCHASE DOES NOT IMPROVE CHANCES OF WINNING.
THIS SWEEPSTAKES IS OPEN ONLY TO LEGAL UNITED STATES RESIDENTS OF THE 50 UNITED STATES/DISTRICT OF COLUMBIA, WHO ARE AT LEAST 18 YEARS OLD AT THE TIME OF ENTRY.
VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
1. Sponsor and Administrator. The Win the War with Pop Secret Sweepstakes (the “Sweepstakes”) is sponsored by Diamond Foods, Inc., 600 Montgomery Street, 13th Floor, San Francisco, CA 94111 (“Sponsor”) and is administered by Mercury Promotions & Fulfillment, 35610 Mound Rd, Sterling Heights, MI 48310 (“Administrator”).
2. Eligibility. The Sweepstakes is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years of age or older at the time of entry. Employees of Sponsor, Marvel Entertainment, LLC (“Marvel”), the MARS Agency, Administrator, other promotional agencies, Fandango Loyalty Solutions, LLC and their respective parents, subsidiaries and affiliated companies (collectively, the “Sweepstakes Entities”), and the advertising and promotional agencies involved with this Sweepstakes (and the immediate family members of such employees [spouse, parent, child, sibling and their respective spouses] and individuals residing in the same household as such employees) are not eligible to enter or win. Void where prohibited.
3. Sweepstakes Period. The Sweepstakes begins at 12:00:01 PM (noon) Eastern Time (“ET”) on March 15, 2016 and ends at 11:59:59 PM ET on May 31, 2016 (the “Sweepstakes Period”). During the Sweepstakes, there will be five (5) “Entry Periods” as follows:
￼Start Date (at 12:00:00 AM ET except on 3/15/16)
￼￼￼￼￼End Date (at 11:59:59 PM ET)
￼￼￼Random Drawing Date (on or about)
￼3/15/16 at12:00:01 PM ET
All eligible entries received during the Sweepstakes Period will be entered into the “Grand Prize” drawing. Note: All eligible entries received after May 23, 2016 will only be entered into the “Grand Prize” drawing. The website administrator’s computer is the official time-keeping device for the Sweepstakes. Entries will carry forward from an Entry Period into future Entry Periods.
4. How to Enter the Sweepstakes. During the Sweepstakes Period, an eligible entrant (“Entrant”) must visit www.PopSecret.com/Entry (the “Website”) and follow the onscreen prompts to submit his/her complete first and last name (no initials), complete street address, city, state, ZIP Code, telephone number, valid e-mail address, date of birth (collectively, the “Registration Information”) and confirm that he/she has read and agree to be bound by these Official Rules. After successfully completing the Registration Information, an Entrant will receive one (1) entry into the Sweepstakes.
Each day during the Sweepstakes Period, the Entrant can return to the Website and receive an additional entry into the Sweepstakes. Limit one (1) entry per day per Entrant. A day begins at 12:00 AM ET and ends at 11:59:59 PM ET each day during the Sweepstakes Period.
5. Sweepstakes Drawings: On the Random Drawing Dates set forth in Section 3, the potential Entry Period prize winners will be selected in accordance with the chart set forth in Section 6.
One potential “Grand Prize” winner will be selected by random drawing from all eligible entries into the Sweepstakes on or about June 1, 2016. The selected entrants will be considered a potential winner subject to verification and compliance with these Official Rules.
6. Entry Period Prizes (1,950), Grand Prize (1), and Approximate Retail Value (“ARV”):
Prize details are below:
￼“Entry Period Prize” Description
￼ARV of Each Entry Period Prize
￼Marvel’s Captain America: Civil War poster
￼Marvel One (1) Month Online Unlimited Comic Subscription
￼￼￼￼iTunes® Gift Card
Fandango Promotional code is good towards 2 movie tickets ($12 per ticket, up to $24 total value) to see any movie.
￼Marvel’s Captain America: Civil War branded hat
The “Grand Prize” is a trip for the Grand Prize winner and his/her adult guest to attend a premiere of a Marvel® movie in Los Angeles, California, such movie to be determined by the winner and the Sponsor. The Grand Prize includes roundtrip coach class airfare for two (2) people between the major commercial airport closest to winner’s residence (as determined by Sponsor in its sole discretion) and Los Angeles, California; four (4) days and three (3) nights hotel accommodations at a hotel as selected by Sponsor in its sole discretion (single room, double occupancy), 4-day mid-size rental car or ground transfers to/from the Los Angeles airport at Sponsors sole discretion (note that if the Grand Prize is under 25 years of age, he/she may not be able to rent a car and may be required to use ground transfers), tickets to the Marvel® movie premiere and a dinner for two.
The winner and his/her guest must be able to travel on dates set forth by the Sponsor or the Prize will be forfeited. The winner and the winner’s guest must be at least eighteen (18) years of age. The guest will be required to complete and return a Liability & Publicity Release prior to hotel booking. Travel is subject to the restrictions and conditions set forth below. If the winner lives within two hundred fifty (250) miles from the greater Los Angeles metropolitan area, the Sponsor will provide Two Hundred Fifty Dollars ($250) as reimbursement for gas/travel expenses instead of airfare and car rental as set forth above. All hotel accommodation booking arrangements will be administered by Sponsor’s authorized designee. All travel must be booked prior to departure. Travel is subject to capacity controls, availability, weather, seasonal influences, and certain other restrictions, all of which are subject to change. No changes will be made to travel details once any element(s) of the travel arrangements have been booked, except at Sponsor’s sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel is subject to the terms and conditions set forth in these Official Rules and those set forth by Sponsor’s travel prize supplier, as detailed in any contract issued by such supplier. If a Winner elects to travel without a guest, no additional compensation will be awarded.
All costs and expenses not specifically included herein are solely the winner’s responsibility. The winner and his/her guests are each solely responsible for obtaining any desired or necessary travel documents (including government-issued photo identification). The winner and his/her guest hereby acknowledge that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance for any part of the Trip. The winners and his/her guest are responsible for all in-room charges (e.g., mini-bar, movies), telephone calls, meals, beverages, gratuities, upgrades, personal incidentals, amenities and any other fees and expenses not specifically mentioned in these Official Rules. The winner will be required to provide a major credit card upon hotel check-in and all in-room charges will be charged to the credit card.
If the designated premiere is delayed, postponed, or canceled for any reason whatsoever, or for any other reason the Sponsor reserves the right, in its sole and absolute discretion, to provide the winner the cash value of the Grand Prize in lieu of all other elements of the Grand Prize. Premiere tickets are awarded pursuant to a revocable, nontransferable license that is personal to the winner and may not be sold, resold, auctioned, bartered, assigned, exchanged, placed in commerce, transferred, given away, donated, or otherwise conveyed. A violation of these restrictions shall revoke Winners’ license, and may result in the Grand Prize not being honored. Sponsor reserves the right to remove or to deny entry to the winner and/or his/her guest if the winner and/or guest violates the previous restrictions or engages in a disruptive manner, or with intent to abuse, threaten or harass any other person at the premiere.
The Grand Prize ARV is $5,900. The actual value of the Grand Prize may vary depending on point of departure and fluctuations in the cost of air transportation.
Only one (1) Grand Prize will be awarded in this Sweepstakes.
The Entry Period Prizes and Grand Prize are collectively referred to as the “Prize(s).” The ARV for all Prizes in this Sweepstakes is $30,500.00.
The total number of Prizes awarded will not exceed the number of Prizes set forth in the table above. If, due to any error, more Prize messages are distributed, or more Prizes are claimed than are intended to be awarded according to this Rule 6, Prizes will be awarded in a random drawing from among all verified Prize claims received by Sponsor or Administrator prior to the drawing.
Each winner must accept a Prize as specified by Sponsor or the Prize may be forfeited. Prizes cannot be assigned, transferred, redeemed for cash, or substituted except by Sponsor who may, at its sole discretion, substitute a Prize with one of equal or greater value if the advertised Prize becomes unavailable for any reason. Federal, state, and/or local taxes (including, but not limited to, any income taxes) and any other fees or costs associated with Prize are the sole responsibility of each winner regardless of whether Prize, in whole or in part, is used. Prize details are at Sponsor’s sole discretion. Any difference between the stated ARV of a Prize and the actual value of a Prize will not be awarded. All other expenses related to the receipt and use of a Prize that is not specifically mentioned herein are solely the responsibility of each winner.
In the event there are an insufficient amount of entries during the Sweepstakes Period to award all of the Prizes, those Prizes, in Sponsor’s sole discretion, will not be awarded. Unclaimed Prizes will not be awarded.
Limit: One (1) Entry Period Prize per person/e-mail address. An entrant may win an Entry Period Prize and the Grand Prize. The decisions of Sponsor and Administrator are final in all matters relating to the Sweepstakes.
7. Odds and Winner Verification. Odds of winning an Entry Period Prize depend on the number of eligible entries received during that Entry Period. Odds of winning the Grand Prize depend on the number of eligible entries received during the Sweepstakes Period. Potential winners are subject to verification of eligibility and compliance with these Official Rules.
Before being declared the winner of the Grand Prize, the potential Grand Prize winner (or, if the potential Grand Prize winner is a minor in his/her state of residence, his/her parent/legal guardian) will be required to execute and return a notarized Affidavit of Eligibility/Liability & Publicity Release, background check authorization, and IRS Form W9 (collectively, the “Documents”) which will be sent by Administrator within five (5) business days from the drawing date as set forth in Rule 5. Sponsor reserves the right (at its sole discretion) to disqualify any potential Grand Prize winner based on the results of the background check if Sponsor determines in its sole discretion that awarding the Grand Prize to such potential Grand Prize winner might reflect negatively on Sponsor or the Sweepstakes Entities. The Administrator must receive the potential Grand Prize winner’s fully completed and executed Documents within ten (10) business days from the date the e-mail notification and Documents are sent to the potential Grand Prize winner or the Grand Prize may, in Sponsor’s sole discretion, be forfeited. If the Grand Prize is forfeited, the Sponsor may select an alternate potential Grand Prize winner in his/her place at random from the remaining eligible entries received.
If a potential winner is found to be ineligible, if he/she cannot or does not comply with these Official Rules, or if his/her Prize or Prize notification, as applicable, is returned as undeliverable, that potential winner or winner may be disqualified, the Prize will be forfeited and no alternate potential winner will be drawn, except in Sponsor’s sole discretion.
Marvel 1-Month Online Unlimited Comic Subscription (“Comic Subscription”): Comic Subscription Prizes will be sent by e-mail to the e-mail address used by the potential winner when registering for the Sweepstakes. Comic Subscription Prizes will be emailed on or about the date stated in the table in Section 3. Winners can redeem Comic Subscriptions as follows:
• Go to www.marvel.com/unlimited.
• Redeem your gift by clicking “Redeem it now” at the bottom of the page.
• Log into or create a free Marvel.com account.
• Enter the code provided.
Fandango Promotional Code: The winners of the Fandango Promotional Code will receive via email a Fandango Promotional Code which is valid towards 2 movie tickets ($12 per ticket, up to $24 total value) to see any movie. Fandango Promotional Code may be redeemed between 5/31/16 and 12/31/16 [and is void if not redeemed by the expiration date. No refunds or credits. Only valid for purchases made at www.fandango.com or via the Fandango app for Fandango partner theaters in the U.S. and cannot be redeemed directly at any Fandango partner theater box office. If lost, cannot be replaced. No reproductions will be accepted. No cash value. Not valid with any other offer. Offer valid in U.S. and valid for one-time use only. Not for resale; void if sold or exchanged. If movie ticket with Fandango’s convenience fee included is more than maximum value of the Fandango Promotional Code then user must pay the difference. Any price difference between movie ticket purchased and maximum value of the Fandango Promotional Code will not be refunded. Neither Fandango nor Fandango Loyalty Solutions or their parents, affiliates, and subsidiaries are a sponsor or co-sponsor of this promotion and are not responsible for the promotion, administration, fulfillment or execution of this Sweepstakes. The redemption of Fandango Promotional code is subject to Fandango’s terms and conditions at www.fandango.com/termsofuse.aspx and http://www.fandango.com/PurchasePolicy.aspx. ©2016 Fandango Loyalty Solutions, LLC. All Rights Reserved.
The Marvel’s Captain America: Civil War posters, the Marvel’s Captain America: Civil War branded hats and the iTunes Gift Cards will be physically mailed to the street address provided when registering for the Sweepstakes. Allow approximately 6 to 8 weeks for verification and shipment of a Marvel’s Captain America: Civil War posters, a Marvel’s Captain America: Civil War branded hats or an iTunes Gift Card after the end of the Sweepstakes Period. Sweepstakes Entities shall not be held responsible for any delays in awarding Prizes for any reason. Sponsor is not responsible for any change of e-mail address or physical address.
Except for winners of the Marvel’s Captain America: Civil War posters, the Marvel’s Captain America: Civil War branded hats and the iTunes Gift Cards, the Sponsor will attempt to notify all other potential winners 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 related e-mail, including any winner notification e-mail or prize e-mail to a spam or junk folder. Winners of a Comic Subscription or Fandango Promotional Code should allow approximately 2 to 4 weeks following the Random Drawing Dates as listed in the table in Section 3 to be notified by email. Entrants should check their spam folders for any winner notification e-mail or prize e-mail. Winners of the Marvel’s Captain America: Civil War posters, the Marvel’s Captain America: Civil War branded hats and the iTunes Gift Cards will have their Prizes mailed to them without prior e-mail notification.
8. Limitations of Liability. The Sweepstakes Entities are not responsible for incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error which may occur in the processing of the plays. The Sweepstakes Entities are not responsible for computer system, phone line, hardware, software or program malfunctions, or other errors, failures or delays in computer transmissions or network connections that are human or technical in nature. The Sweepstakes Entities are not responsible for any computer or e-mail failures that may result in lost or garbled entries or which affect the administration of the Sweepstakes. The Sweepstakes Entities assume no liability for incorrect, lost, late, stolen, illegible, incomplete, misdirected, damaged non-delivered requests or plays, computer system or transmission line errors, software or hardware malfunctions, or other errors, failures, or delays in transmission that are human, mechanical or technical in nature, or any combination thereof, including any injury or damage to Entrant’s or any other person’s computer related to or resulting from downloading or entering any part of this Sweepstakes. If, for any reason, the Sweepstakes, in the sole opinion of Sponsor or Administrator, is not capable of running as planned in the sole opinion of the Sponsor or Administrator, corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsor or Administrator reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes, and randomly determine winners from among all eligible non-suspect plays received prior to action taken, or as otherwise deemed appropriate by Sponsor or Administrator.
Without limiting the foregoing, the Prizes, are provided “as is” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose. Some jurisdictions may not allow the limitations or exclusions of liability for incidental or consequential damages or exclusions of implied warranties, therefore some of the above limitations or exclusions may not apply. Check local laws for any restrictions or limitations regarding these limitations or exclusions.
9. Conditions of Participation: By entering this Sweepstakes, Entrants agree and covenant on behalf of themselves and their family, heirs, personal representatives executors, assigns and insurers, (a) to release, acquit, hold harmless, waive and forever discharge the Sweepstakes Entities and their respective officers, directors, members, managers, employees, contractors and agents (collectively, the “Released Parties”) from any and all claims, demands, damages, debts, costs, fees, obligations, loss, expenses, compensation, actions or causes of action whatsoever, of every nature, character and description, whether known, unknown, discovered, undiscovered, suspected or unsuspected, including death, or property damage (collectively, “Claims”), including but not limited to Claims arising on account of, or in any way growing out of, resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of the prize or participation in this Sweepstakes, including any travel related thereto and (b) except where legally prohibited, winner grants (and agrees to confirm that grant in writing) permission to Sponsor and those acting under it authority the right to the use of his/her name, picture, likeness, voice, 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 and on the Internet and World Wide Web, without notice, review or approval.
Sponsor and Administrator reserve the right to disqualify any Entrant found, in its sole opinion, 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 or with the intent to disrupt the normal operation of the Sweepstakes. Any use of robotic, automatic, macro, programmed, third-party or like methods to participate in the Sweepstakes may void any attempted participation effected by such methods and the disqualification of the individual utilizing the same. CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE THE SWEEPSTAKES OR TO UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. 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. In the event of any conflict with any Sweepstakes details contained in these Official Rules, and Sweepstakes details contained in any Sweepstakes 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.
10. Dispute: This Sweepstakes is governed by, and will be construed in accordance with, the laws of the state of California, and the forum and venue for any dispute shall be in San Francisco County, California. 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 the American Arbitration Association in accordance with its arbitration rules and procedures or subsequent versions thereof (“AAA Rules”). The AAA Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be experienced and licensed to practice law in California. All proceedings brought pursuant to this paragraph will be conducted in San Francisco County, California.
These Official Rules, the Sweepstakes, all issues and questions concerning the construction, validity, interpretation and enforceability of these 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, 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 Rule 9 of these Official Rules and/or for entering any judgment on an arbitration award, shall
take place in the federal, state and local courts in or nearest to San Francisco County, California.
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.
ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR OF THE TIME THE CAUSE OF ACTION OCCURRED, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.
12. Winner’s List. The names of the winners whose Prizes are worth at least $25.00 can be obtained by mailing a request including a self-addressed postage-paid envelope, postmarked by July 31, 2016, to The Win the War with Pop Secret Sweepstakes – Winners List Request – 35610 Mound, Dept 900, Sterling Heights, MI 48310.
Sponsor: Diamond Foods, Inc., 600 Montgomery Street, 13th Floor, San Francisco, CA 94111. © 2016 MARVEL. Marvel Entertainment, LLC is not a sponsor of this Promotion.
Neither Fandango nor Fandango Loyalty Solutions, LLC is a sponsor or co-sponsor of this promotion.
iTunes is a registered trademark of Apple Inc. All rights reserved. Apple is not a participant in or sponsor of this promotion.