Naturesweet – Swap Snap And Win Contest Sweepstakes

OFFICIAL RULES FOR THE NatureSweet® Swap Snap and Win Contest
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. A
PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID OUTSIDE THE
FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA, AND WHERE PROHIBITED. SUBJECT TO
ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS. BY SUBMITTING AN
ENTRY, YOU AGREE TO BE BOUND BY THESE OFFICIAL RULES. THIS CONTEST IS IN NO WAY
SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, INSTAGRAM, FACEBOOK,
TWITTER, VITAMIX, KITCHENAID®, OR VISA®.
1. Entry Period: The NatureSweet® Swap, Snap and Win (“CONTEST”) begins at 12:00 AM Eastern Time
(“ET”) on January 7, 2019 and ends at 11:59 PM ET on February 28, 2019 (“Contest Period”).
Administrator’s computer is the official time keeping device for this Contest.
Table 1
Entry Period Winner Notification
Dates (On or About)
01/07/2019 at 12:00 am ET to
02/28/2019 at 11:59 pm ET
03/05/2019
2. Eligibility: The Contest is open only to legal residents of the fifty (50) United States and the District of Columbia
who are eighteen (18) years of age or older and who have reached the age of majority in their jurisdiction of
residence at the time of entry. Officers, directors and employees of NatureSweet® (“Sponsor”), Donovan
Advertising (“Administrator”), and their respective parents, subsidiaries, representatives, contractors, consultants,
mandatories, affiliated companies, franchisees, advertising and promotional agencies, legal counsel, website
providers, web masters, persons engaged in the development, production or distribution of materials for this
Contest, and their immediate family members (parent, child, sibling, and spouse of each) and/or persons living in
the same household as such officers, directors, and employees (whether related or not) are not eligible to enter or
win a prize in this Contest. Entry into this Contest constitutes entrant’s full and unconditional agreement to these
Official Rules and to Sponsor’s and/or Administrator’s decisions, which are final and binding in all matters related
to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.
3. How to Enter: You may enter the Contest in one of three (3) ways during the Contest Period:
(i) Go to the NatureSweet® Instagram page at http://instagram.com/naturesweet and become a follower. Then
post an original photograph of how you make healthy meal swaps using NatureSweet® Tomatoes on your
Instagram account with the hashtags #NatureSweetHealthySwaps #contest in the caption field. The photo that you
post must meet the requirements set forth below and must otherwise be compliant with all of the provisions of
these Official Rules. Once you have completed these steps, you will automatically be entered with one (1) entry
into the Contest. You must be a follower of NatureSweet® on Instagram and include both the
#NatureSweetHealthySwaps and #contest hashtags in your post in order for your entry to be eligible. You
must have an Instagram account and your account must be set to the “public” setting to enter via this method. If
you do not have an Instagram account, you may sign up for a free account at www.instagram.com. Text and data
charges may apply if you are accessing Instagram from your mobile device to enter this Contest. Check your
wireless carrier for mobile phone capabilities and pricing plan details. Note: If you stop following the NatureSweet®
Instagram account or deactivate your Instagram account at any time prior to the selection of winners, as described
below, your entry will be void. Multiple entrants are not permitted to share the same Instagram account.
(ii) Go to the NatureSweet® Twitter page at https://twitter.com/naturesweet and become a follower. Then post an
original photograph of what you would do with 30 extra minutes and include the hashtags
#NatureSweetHealthySwaps and #contest in the caption field. The photo that you post must meet the requirements
set forth below and must otherwise be compliant with all of the provisions of these Official Rules. Once you have
completed these steps, you will automatically be entered with one (1) entry into the Contest. You must be a
follower of NatureSweet®
on Twitter and include both the #NatureSweetHealthySwaps and #contest
hashtags in your post in order for your entry to be eligible. You must have a Twitter account and your account
must be set to the “public” setting to enter via this method. If you do not have a Twitter account, you may sign up
for a free account at www.twitter.com. Text and data charges may apply if you are accessing Twitter from your
mobile device to enter this Contest. Check your wireless carrier for mobile phone capabilities and pricing plan
details. Note: If you stop following the NatureSweet®
Twitter account or deactivate your Twitter account at any time
prior to the selection of winners, as described below, your entry will be void. Multiple entrants are not permitted to
share the same Twitter account.
(iii) Go to the NatureSweet.com/Promotions webpage during the Entry Period. Post an original photograph of
how you make healthy meal swaps using NatureSweet® Tomatoes. The photo that you post must meet the
requirements set forth below and must otherwise be compliant with all of the provisions of these Official Rules.
Enter your name and email address and submit your information via the entry form on the website. Once you
have completed these steps, you will automatically be entered with one (1) entry into the Contest.
Entries received via any of the methods described above will be referenced herein as each an “Entry”. The person
who submits the Entry will be considered the entrant (“Entrant”). Submission of erroneous or incomplete informa-
tion will void the submitted Entry. Limit one (1) Entry per Entry Period per person, per household and per
Instagram or Twitter account for the duration of the Contest Period, regardless of method of entry. If
multiple Entries are received in excess of the stated limitation from any person, household, Instagram or Twitter
account on any day during the Contest Period, only the first such Entry received from such person, household,
Instagram or Twitter account that day will be eligible for entry. By submitting an Entry via Instagram or Twitter, the
Entrant consents to being contacted by direct message (“DM”) on Instagram or Twitter if selected as a potential
winner. Entries will not be acknowledged or returned. Should multiple users of the same Instagram or Twitter
account enter the Contest and a dispute thereafter arises regarding the identity of the Entrant, the authorized
account holder of said Instagram or Twitter account at the time of entry will be considered the Entrant and required
to comply with these Official Rules. In the event of a dispute as to any Entry, the authorized account holder of the
Instagram or Twitter account will be deemed to be the Entrant and he/she must comply with these Official Rules.
The “authorized account holder” is the natural person assigned the Instagram or Twitter account. The potential
winner may be required to show proof of being the authorized account holder or forfeit the prize. Each online Entry
submission must be manually key stroked and manually entered by the individual Entrant; automated and/or
repetitive electronic submission of Entries (including but not limited to Entries made using any script, macro, bot
or Contest service) will be disqualified. No mechanical reproductions or facsimiles of mail-in entries will be
accepted and all such entries will be void. All Entries must be in English. Normal Internet access, phone, and
usage charges imposed by your online or phone service may apply.
Your Entry may not contain any content that the Sponsor, in its sole discretion, determines to:
(a) be vulgar, offensive, sexually explicit, profane or pornographic;
(b) be derogatory of any race, ancestry, place of origin, color, ethnic origin, citizenship, religion, sex,
sexual orientation, age, marital status, family status or disability; endorses any form of hate or hate
group; defames, misrepresents or contains disparaging remarks about other people, products or
companies;
(c) be violent or promotes the use of alcohol, illegal drugs, tobacco, or weapons; promotes unsafe
activities;
(d) be the previous recipient of any award;
(e) be previously published;
(f) promote any political agenda or message;
(g) appear to duplicate any other submitted Entry;
(h) contain copyrighted materials owned by others;
(i) contain third-party trademarks, logos, trade dress or insignia, except The PERDUE©
materials (as
defined below), including brand names of products;
(j) contain any personal identification, such as persons’ names, e-mail addresses, street addresses or
license plate numbers;
(k) communicate messages inconsistent with the positive image of the Sponsor’s name and/or any of
its brands;
(l) contain any material that violates or infringes another’s rights, including but not limited to material
that violates privacy, publicity, or intellectual property rights, or that constitutes copyright
infringement;
(m) violate any federal, state or local laws or ordinances; or
(n) include or refer to any third parties, including but not limited to minors, celebrities and friends, who
have not expressly authorized such inclusion or reference. Entrant must be prepared to provide
signed third party authorizations upon request.
The Sponsor reserves the right to reject any Entry which Sponsor determines, in its sole and absolute discretion,
does not meet the above criteria or is otherwise offensive or is not in keeping with the Sponsor’s image and
reputation. Sponsor reserves the right to remove any Entry without prior notice.
Sponsor grants you a limited revocable, non-sub-licensable, license to use NatureSweet®
trademarks, logos, and
trade dress (collectively, “The NatureSweet®
materials”) for the sole purpose of creating an Entry and you may
make no further use whatsoever of the Entry for any other purpose. In addition, you agree that all of the right, title,
and interest in The NatureSweet®
materials shall vest exclusively in Sponsor, and you will not have or take any
action that might harm or adversely affect such rights. No right, title, or interest in and to The NatureSweet®
materials except for the limited license granted to you in these Official Rules is being transferred or created.
By entering, you represent and warrant that (a) you are the sole owner of your Entry and all rights in your Entry;
(b) you have the right to submit the Entry and to transfer and assign to the Sponsor rights in the Entry, as described
below; (c) your Entry consists of only your original work and no part of your Entry has previously been published
anywhere else; (d) you have not granted any person, corporation or other entity any rights to use your Entry; (e)
your Entry complies with these Official Rules and the requirements above, and any applicable community
guidelines, terms of use, and any other binding terms on Instagram or Twitter (as appropriate); (f) your Entry does
not defame or violate the rights of publicity or privacy of any person, living or deceased, or otherwise infringe upon
the publicity rights or privacy of any third person, living or deceased, or otherwise infringe upon any person’s
personal or property rights or other third party rights; (g) your Entry is not offensive or inappropriate, as determined
by Sponsor in its sole discretion, nor does it violate any law; and (h) if your Entry contains third party elements not
owned by you, you have obtained written consent from those owners to submit your Entry and, if requested to do
so, you can and will produce such written consent in a form and manner acceptable to the Sponsor. Failure to
provide such proof on request may render your Entry null and void. By submitting an Entry, you warrant and
represent that you consent to the submission and use of the Entry in the Contest and to its use as otherwise set
forth herein.
Entrants understand and agree that they shall retain all ownership rights in Entry; however, by submitting an Entry,
Entrant hereby grants Sponsor a perpetual, worldwide, irrevocable, non-exclusive, royalty-free, sub-licensable and
transferable license to edit, publish, use, adapt, exploit, modify or dispose of any Entry, in whole or in part, online,
in print, film, television, or in any other media now or hereafter known throughout the world in perpetuity without
compensation, permission or notification to Entrant or any third party, for any purpose whatsoever.
By submitting an Entry, you acknowledge and agree that Sponsor may obtain many submissions in this Contest
and that your Entry may be similar or identical in theme, idea, format or other respects to others submitted in this
Contest or other promotions sponsored by the Sponsor, or to other ideas conceived by or provided to Sponsor,
and you waive any and all claims you have or may have, now or in the future, that any Entry and/or other works
accepted, reviewed and/or used by the Sponsor (or its designees) are similar or identical to your Entry. Except
where prohibited by law, you acknowledge and agree that the Sponsor does not have now, nor shall it have in the
future, any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement
or protection of any copyright in and to your Entry.
By entering this Contest, you signify and agree that your Entry and any other materials submitted in connection
with this Contest may be posted or otherwise appear on Sponsor’s website and/or other social media sites or
applications for public viewing during or after the conclusion of the Contest Period. Released Parties (as defined
below) are not liable for the use of any Entry by any third party. Entrant acknowledges and agrees that Released
Parties have no, nor shall have in the future, any duty or liability, direct or indirect, vicarious, contributory or
otherwise, with respect to the infringement or protection of any copyright in and to any Entry.
4. Determination of Winners/Judging: On or about March 8, 2019, all eligible Entries received during the
Contest Period will be judged based on the following criteria (“Judging Criteria”) by a panel of judges selected by
Sponsor to determine the weekly prize winner for the applicable Entry Period, subject to verification of eligibility
and compliance with these Official Rules:
1. Quality of the entry (50%)
2. Creativity and Originality of the entry (50%)
The Entry with the highest score among all eligible Entries received during each Entry Period based on the
Judging Criteria set forth above will be deemed the potential prizewinner for the applicable Entry Period, subject
to verification of eligibility and compliance with these Official Rules. In the event of a tie, an additional, “tie-
breaking” judge will determine the winning Entry based on the Judging Criteria. Decisions of judges are final and
binding. Sponsor reserves the right to not award a prize if, in its sole discretion, it determines it has not received
any qualified eligible Entries during the Entry Period. One (1) prizewinner will be selected per Entry Period, for a
total of eight (8) prizewinners.
Verification of Potential Winners: ALL POTENTIAL WINNERS ARE SUBJECT TO
VERIFICATION BY SPONSOR AND/OR ADMINISTRATOR, WHOSE DECISIONS ARE FINAL
AND BINDING IN ALL MATTERS RELATED TO THE CONTEST. AN ENTRANT IS NOT A
WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN
VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
5. Prizes: There is one (1) grand prize package to be won. The grand prize consists of $520 worth of coupons for
NatureSweet® Products, one (1) Vitamix Pro 300 Series Blender, one (1) 5 Quart KitchenAid® Artisan Stand
Mixer, one (1) KitchenAid® Stand Mixer Pasta Attachment Set, one (1) KitchenAid® Spiralizer Plus Attachment,
one (1) Cuisinart Alfrescamore Outdoor Pizza Oven with stand, and $1,500 worth of Visa gift cards.
Total Estimated Retail Value (“ERV”) of the grand prize is $3,500. Issuer terms and conditions apply to gift cards;
see front and back of card for terms.
Table 2
Grand Prize Detail ERV Number of Prizes Available to
be won
Coupons for
NatureSweet® Products
$520.00 1
Vitamix Pro 300 Series
Blender
$529.00 1
KitchenAid® Artisan
Stand Mixer, 5qt
$379.00 1
KitchenAid® Stand
Mixer, Pasta Attachment
Set
$199.95 1
KitchenAid® Spiralizer
Plus Attachment
$119.95 1
Cuisinart Alfrescamoré
Outdoor Pizza Oven With
Stand
$250.00 1
Visa Gift Cards
$1500 1
Total Estimated Retail
Value
$3,500
Valid only in the U.S.A. and void where prohibited. Winners will be responsible for all taxes (including federal, state
and local taxes) and any other costs and expenses associated with acceptance and use of the prize not described
herein as being awarded. Prizes are not transferable, redeemable for cash, or substitutable except by Sponsor,
which reserves the right, at its discretion, to substitute the prize or a portion of the prize with one of comparable or
greater value. Sponsor will not replace lost or stolen prizes. Limit one (1) grand prize per winner.
Potential winners will be notified on or about March 8 by email, DM to his or her Instagram account or Twitter
account (as applicable), and will be required to respond within three (3) business days of such notification. Except
where legally prohibited, the potential winners may be required to sign and return an Affidavit of Eligibility and
Publicity/Liability Release within five (5) days of the issuance of such document in order to claim his/her prize. If
any prize or winner notification sent to a potential winner is undeliverable, or any phone number provided by a
potential winner is incorrect or no longer in service, or a response to any given e-mail, phone call or DM is not
received within three (3) business days of the date of its issuance, or if he/she fails to sign and return the Affidavit
of Eligibility and Publicity/Liability Release within the required time period (if applicable), or a potential winner does
not comply with these Official Rules (in Sponsor’s sole discretion) or is disqualified for any reason, the prize may
be forfeited and, at Sponsor’s discretion, Sponsor will award the applicable prize to an alternate winner selected
in accordance with the selection criteria described above.
6. Release/Limitations of Liability and General Conditions: By participating, Entrants agree as follows: a) to
abide by these Official Rules, and to the decisions of Sponsor and the Administrator, which shall be final and
binding in all respects; and b) THAT SPONSOR, DONOVAN ADVERTISING, ADMINISTRATOR, INSTAGRAM,
FACEBOOK, TWITTER AND ANY OF THEIR RESPECTIVE PARENTS, AFFILIATES, SUBSIDIARIES,
REPRESENTATIVES, CONSULTANTS, CONTRACTORS, LEGAL COUNSEL, WEBSITE PROVIDERS, WEB
MASTERS, ADVERTISING AND PROMOTION AGENCIES, RETAILERS, DISTRIBUTORS AND SUPPLIERS,
AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, AND
EMPLOYEES (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL HAVE NO LIABILITY AND SHALL BE
HELD HARMLESS FOR ANY DAMAGE, LOSS OR INJURY TO ANY PERSONS, INCLUDING PERSONAL
INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY,
FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE CONTEST PRIZE, ENTRY OR
PARTICIPATION IN THIS CONTEST OR IN ANY CONTEST-RELATED ACTIVITY, OR ANY CLAIMS BASED ON
PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE
RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO
CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL
DISASTERS, WEATHER, OR TERRORISM. EVERYTHING RELATING TO THIS CONTEST, INCLUDING ALL
PRIZES, ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND.
Released Parties are not responsible for lost, delayed, interrupted or unavailable network, cable, satellite, Internet
Service Provider (ISP), server, or other connections, miscommunications, failed phone, computer or telephone
transmissions or technical failure, jumbled, scrambled or misdirected transmissions, or other errors or
malfunctions, problems or difficulties of any kind whether computer, network, human, mechanical, electronic,
printing, typographical or otherwise relating to or in connection with this Contest, including, without limitation,
errors, problems or difficulties which may occur in connection with the administration of the Contest, the processing
of Entries, the announcement of the prizes or in any Contest-related materials or for any damage to Entrant’s or
other person’s hardware or software as a result of participation. Released Parties are also not responsible for
Entries or mail that are illegible, lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected,
undelivered or postage due, garbled or delayed by computer transmissions, and all such Entries are void. Proof of
sending or submission will not be deemed to be proof of receipt by Sponsor. Persons found tampering with or
abusing any aspect of this Contest or who are in violation of these Official Rules as solely determined by Sponsor
will be disqualified and their Entry/ies will be void. Every Entry must be manually keystroked and manually entered
by Entrant and repetitive automated electronic submission of Entries is specifically disallowed. Use of script, macro
or automated entry software or programs or any other means that subvert the entry process is prohibited and all
such Entries will be void. In the event the Contest is compromised by virus, bugs, worms, non-authorized human
intervention, or other causes which corrupt or impair the administration, security, fairness or proper play of the
Contest, or if the Contest is unable to run as planned for any other reason, Sponsor reserves the right in its sole
discretion to modify, suspend or terminate the Contest or any portion thereof and/or terminate the participation of
any Entrant (and void his/her Entry/ies) whose conduct potentially compromises the Contest and, if terminated, at
its sole discretion award the prizes in a random drawing from among all eligible non-suspect Entries received prior
to the act requiring such termination. The invalidity or unenforceability of any provision of these Official Rules shall
not affect the validity or enforceability of any other provision. In the event that any provision is determined to be
invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be
construed in accordance with their terms as if the invalid or illegal provision were not contained herein. CAUTION:
Any attempt by an Entrant or any other individual to damage any website associated with this Contest or undermine
the legitimate operation of the Contest may be a violation of criminal and civil laws. Should such an attempt be
made, Sponsor reserves the right to seek damages and other remedies (including attorneys’ fees) from any such
person to the fullest extent permitted by law.
AS A CONDITION OF PARTICIPATING, ENTRANT AGREES THAT A) UNDER NO CIRCUMSTANCES WILL
ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANT HEREBY WAIVES ALL RIGHTS TO
CLAIM PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL
OUT OF POCKET EXPENSES, IF ANY, AND B) ALL CAUSES OF ACTION ARISING OUT OF OR CONNECTED
WITH THIS CONTEST, OR ANY COMPENSATION OR CREDIT TO BE PROVIDED, SHALL BE RESOLVED
INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; AND C) ANY AND ALL CLAIMS,
JUDGMENTS, AND AWARD SHALL BE LIMITED TO ACTUAL OUT OF POCKET COSTS INCURRED, IF ANY,
AND IN NO EVENT SHALL ENTRANT BE ENTITLED TO RECEIVE ATTORNEYS’ FEES OR OTHER LEGAL
COSTS OR EXPENSES.
SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF
THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY
RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
7. License and Publicity Release: EXCEPT WHERE PROHIBITED BY LAW, PARTICIPATION IN THE
CONTEST CONSTITUTES EACH ENTRANT’S GRANT TO SPONSOR (WHICH GRANT SHALL BE
CONFIRMED IN WRITING AS CONDITION OF WINNING THIS CONTEST), ITS PARENT, SUBSIDIARIES,
AFFILIATES, RETAILERS, DISTRIBUTORS, ADVERTISING AND PROMOTION AGENCIES, SUPPLIERS, AND
THOSE ACTING PURSUANT TO ITS AUTHORITY, THE RIGHT AND PERMISSION TO PRINT, PUBLISH,
BROADCAST, AND USE, WORLDWIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED,
INCLUDING BUT NOT LIMITED TO THE WORLD WIDE WEB, AT ANY TIME OR TIMES, ENTRANT’S NAME,
PORTRAIT, PICTURE, VOICE, LIKENESS, OPINIONS AND BIOGRAPHICAL INFORMATION (INCLUDING BUT
NOT LIMITED TO HOMETOWN AND STATE) FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES
(INCLUDING WITHOUT LIMITATION THE ANNOUNCEMENT OF HIS OR HER NAME ON TELEVISION OR
RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR
NOTIFICATION. ENTRANTS AGREE THAT THE ENTRIES WILL NOT BE ACKNOWLEDGED OR RETURNED,
AND THAT SPONSOR AND ITS DESIGNEES SHALL HAVE THE PERPETUAL, WORLDWIDE RIGHT TO EDIT,
PUBLISH, AND USE THE ENTRIES IN ANY WAY AND IN ANY MEDIA FOR TRADE, ADVERTISING,
PROMOTIONAL, AND/OR OTHER PURPOSES AS SPONSOR AND/OR ITS DESIGNEES MAY DETERMINE
WITHOUT FURTHER CONSIDERATION TO ENTRANTS OR ANY THIRD PARTY.
BY SUBMITTING AN ENTRY, EACH ENTRANT AGREES THAT SUCH ENTRY, COMMUNICATIONS OR
SUBMISSIONS, CREATIVE SUGGESTIONS, IDEAS, NOTES, CONCEPTS OR OTHER MATERIALS
(COLLECTIVELY, THE “SUBMISSION”) THAT ENTRANT MAY SUBMIT TO SPONSOR IN CONNECTION WITH
THIS CONTEST, INCLUDING ALL RIGHTS EMBODIED THEREIN, WHETHER SENT VIA A WEBSITE, BY
ELECTRONIC MAIL OR BY SOME OTHER MEANS, WITH THE EXCEPTION OF PERSONALLY IDENTIFIABLE
INFORMATION AS DEFINED IN SPONSOR’S PRIVACY POLICY, AVAILABLE AT
HTTP://PERDUE.COM/PRIVACY.ASP, SHALL BE DEEMED TO BE NON-CONFIDENTIAL, NON-
PROPRIETARY AND SPONSOR SHALL HAVE NO OBLIGATION OF ANY KIND WITH RESPECT TO SUCH
SUBMISSION AND SHALL BE FREE TO EDIT, EXPLOIT, MODIFY, PUBLISH, REPRODUCE, USE, DISCLOSE,
DISSEMINATE AND DISTRIBUTE THE SUBMISSION TO OTHERS WITHOUT LIMITATION IN ANY AND ALL
MEDIA NOW KNOWN OR NOT CURRENTLY KNOWN, THROUGHOUT THE WORLD IN PERPETUITY FOR
ANY PURPOSE WITHOUT COMPENSATION, PERMISSION OR NOTIFICATION TO ENTRANT OR ANY THIRD
PARTY. BY SUBMITTING AN ENTRY, ENTRANT HEREBY GRANTS SPONSOR A ROYALTY FREE,
IRREVOCABLE, AND WORLDWIDE, IN PERPETUITY LICENSE TO USE THE SUBMISSION IN ANY FORM OR
FORMAT AND TO MODIFY THE SAME FOR USE FOR ANY PURPOSE, AND ACKNOWLEDGES AND AGREES
THAT IF SPONSOR DOES USE THE SUBMISSION ENTRANT SHALL NOT BE ENTITLED TO ANY CREDIT,
CONSIDERATION, NOTICE OR PAYMENTS OF ANY KIND. ENTRANT WAIVES ANY MORAL RIGHTS HE OR
SHE MAY HAVE TO THE SUBMISSION, AND AGREES THAT IF SPONSOR ELECTS TO USE SUBMISSION
FOR ANY PURPOSE, ALL RIGHTS UNDER COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS
WHICH MAY RESULT FROM SPONSOR’S ELECTED USE OF THE ENTRANT’S SUBMISSION BY SPONSOR
SHALL BE THE SOLE PROPERTY OF SPONSOR. ENTRANT FURTHER AGREES THAT IF SPONSOR
ELECTS TO USE THE ENTRANT’S SUBMISSION, ENTRANT WILL EXECUTE ANY DOCUMENTS
REQUESTED BY SPONSOR REGARDING THIS LICENSE OR ASSIGNMENT. IF ANY USE BY SPONSOR OF
THE SUBMISSION CAUSES IT TO BE LIABLE TO ANY THIRD PARTY, ENTRANT AGREES TO INDEMNIFY
SPONSOR AND ITS AGENTS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, REPRESENTATIVES AND ALL
RELATED PARTIES FROM AND AGAINST ANY AND ALL DAMAGES, COSTS, JUDGMENTS AND EXPENSES
(INCLUDING REASONABLE ATTORNEY FEES) WHICH IT INCURS AS A RESULT OF ITS USE OF THE
SUBMISSION.
8. Nature of Relationship/Waiver of Equitable Relief: Each Entrant understands and acknowledges that
Sponsor has wide access to ideas, designs, and other materials, and that new ideas are constantly being submitted
to it or being developed by their own employees. Each Entrant also acknowledges that many ideas may be
competitive with, similar or identical to the Submission and/or each other in theme, idea, format or other respects.
Each Entrant acknowledges and agrees that such Entrant will not be entitled to any compensation as a result of
Sponsor’s use of any such similar or identical material. Each Entrant acknowledges and agrees that the Sponsor
does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or
otherwise, with respect to the infringement or protection of the copyright in and to the Submission. Finally, each
Entrant acknowledges that, with respect to any claim by Entrant relating to or arising out of Sponsor actual or
alleged exploitation or use of any Submission or other material submitted in connection with the Contest, the
damage, if any, thereby caused to the applicable Entrant will not be irreparable or otherwise sufficient to entitle
such Entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition
or other exploitation of the Submission or any material based on or allegedly based on the Submission, and the
Entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in
an action at law.
9. Disputes/Choice of Law: You and the Sponsor waive all rights to trial in any action or proceeding instituted in
connection with these Official Rules or the Sweepstakes. Any controversy or claim arising out of or relating to
these Official Rules or the Sweepstakes shall be settled by 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.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official
Rules, or the rights and obligations of the Entrant and Sponsor in connection with the Sweepstakes, shall be
governed by, and construed in accordance with, the laws of the State of Texas in the United States, without giving
effect to any choice of law or conflict of laws rules (whether of the State of Texas or any other jurisdiction), which
would cause the application of the laws of any jurisdiction other than the State of Texas.
10. Privacy/Use of Entrant’s Information: Information submitted in connection with the Contest will be treated
in accordance with these Official Rules and Sponsor’s Privacy Policy (as may be amended from time to time),
currently located at http://perdue.com/privacy.asp; provided that in the event of any conflict between these Official
Rules and such Privacy Policy, the terms and conditions of these Official Rules shall prevail.
11. Winners List/Official Rules: The names of the winners (available after 03/26/2019) and/or a copy of these
Official Rules may be obtained by mailing a self-addressed, stamped #10 envelope to: NatureSweet® Swap,
Snap, WIN! Contest Winners/Rules (please specify which), 180 West Airport Rd, Lititz PA 17543.
12. Sponsor/Administrator: The Sponsor of this Sweepstakes is: NatureSweet® LTD, 2338 N Loop 1604 W
#200 San Antonio, TX USA 78248. The Administrator of this Sweepstakes is: Donovan Connective Marketing,
180 West Airport Rd, Lititz, PA 17543.
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