Ocean Mist Farms – Eat Your Heart Out – Win one (1) $100 VISA gift card
Eat Your Heart Out
Sponsored by Ocean Mist®
NO PURCHASE (OR PAYMENT OF ANY KIND) IS NECESSARY TO ENTER OR WIN.
A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
THIS GIVEAWAY IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW,
INCLUDING IN ANY STATE WHERE REGISTRATION IS REQUIRED.
1. Promotion Period: Eat Your Heart Out Sweepstakes (the “Promotion”) commences at
9:00:01 AM Pacific Time (“PT”) on February 6, 2023 and ends at 11:59:59 PM PT on
March 17, 2023 (the “Promotion Period”). All entries must be received by 11:59:59
PM PT on March 17, 2023. Entries submitted past the expiration of the Promotion Period
will not be accepted and will be destroyed.
2. Administrator/SPONSOR: The Promotion shall be administered by DMA Produce
Solutions, Inc. (“DMA”) and is sponsored by California Artichoke & Vegetable Growers
Corporation doing business as Ocean Mist® Farms (“SPONSOR”).
3. Eligibility: The Promotion is open only to legal residents of the 50 United States and the
District of Columbia who are 18 years of age or older at the time of entry. Employees (and
their immediate families (i.e., parents, spouse, children, siblings, grandparents, step
parents, step children and step siblings and their respective spouses, regardless of where
they reside) and members of the same household, whether or not related) of DMA,
SPONSOR, Fresh Source LLC and each of their respective parents, subsidiaries or
otherwise affiliated companies, and SPONSOR’s advertising and promotion agencies and
third party fulfillment or judging agencies (collectively, the “Promotion Entities”) are not
eligible to enter or win the Promotion.
4. How to Enter: To enter the Promotion, an entrant (“Entrant”) must, via a compatible
web browser, visit the following website:
(the “Website”), at any time during the Promotion Period and: (a) follow the on-screen
instructions to register with SPONSOR by completing all required fields on the Website
and (b) electronically agree to the Official Rules in the manner specified on the Website.
Upon completion of the entry, the Entrant will be automatically entered for a chance to win
one of the Promotion prizes subject to the Entrant satisfying the eligibility requirements of
the Promotion. Limit one entry per person or email address per calendar day. If more than
one entry per person or email address is received during any calendar day, only the first
entry received will be eligible for, and entered in, the Promotion. Any use of robotic,
repetitive, automatic, programmed, sweepstakes service or similar entry methods or agents
will void all entries made by, or associated with, the applicable Entrant. In the event of a
dispute over who submitted an entry, the authorized account subscriber of the e-mail
account provided in connection with the entry, as of the actual time of entry, will be deemed
to be the Entrant. The “authorized account subscriber” is defined as the natural person who
is assigned an e-mail address by an Internet access provider, online service provider or
other organization (e.g., a business or education institution) that is responsible for assigning
e-mail addresses for the domain associated with the submitted e-mail address. All entries
become the sole property of SPONSOR for all purposes.
Agreement to Official Rules: Each Entrant, by entering the Promotion, agrees fully and
unconditionally to abide by the terms of the Official Rules and the decisions of SPONSOR
or its designated agent, which are final and legally binding in all respects. Should
SPONSOR, determine, in its sole discretion, that any Entrant has violated any of the
provisions in the Official Rules, SPONSOR shall have no obligation to award a Prize to
such Entrant. SPONSOR reserve the right, in its sole discretion, to disqualify any Entrant
it determines to be acting in violation of these Official Rules or any federal or state, law,
rule or regulation. The SPONSOR reserves the right, in addition to the right to disqualify
such Entrant, to seek damages and other remedies from any such Entrant to the fullest
extent permitted by law.
5. Prizes: There is a total of ten (10) Prizes available to be won in the Promotion as
Ten (10) Winners will each receive one (1) $100 Visa gift card.
The approximate retail value (“ARV”) of all prizes available to be won in this Promotion
is $1,000.00 USD.
Prize Drawing: Ten (10) total prize winners will be selected in random drawings, with the
drawing for the winners to be held at the conclusion of the Promotion. All drawings
will be held at the offices of DMA from among all valid entries received during the
Promotion Period. All prize winners will be notified between March 20, 2023 and March
22, 2023 by email.
The number of eligible entries received will determine the odds of winning a Prize. For
example, if there are 5,000 eligible entries during the Promotion Period, the odds of
winning will be 1:5,000; if there are 10,000 eligible entries during the Promotion Period,
the odds of winning will be 1:10,000, and so on.
Prize Restrictions: Each selected Prize winner will be required to complete and return an
Affidavit of Eligibility and Liability Release and except where prohibited by law, a
Publicity Release Form (collectively, the “Affidavit/Release”) within five days of receipt.
In the event that a selected Prize winner is disqualified for any reason, or if any Prize is
forfeited or unclaimed for any reason, an alternate Prize winner will be selected from
among all remaining Entrants and will be subject to the same requirements as the initially
selected Prize winner.
The winners of the Prizes may not substitute, assign or transfer any Prize or redeem any
Prize for cash, but SPONSOR reserves the right, at its sole discretion, to substitute the Prize
(or any portion thereof) with one of comparable or greater value. Further, SPONSOR
reserves the right to forfeit or award any unclaimed or leftover Prizes at its sole discretion.
Additional restrictions may apply.
6. Limitation on Liability: Entrants assume all risk of loss, damage, destruction, delay or
misdirection of materials/mail/e-mail submitted to SPONSOR. By entering, each Entrant
agrees to abide by the Official Rules and the decisions of SPONSOR, or its designated
agent, which will be final and legally binding in all respects. Each Entrant further agrees
by entering the Promotion that the Prizes are awarded upon the condition that each Entrant
holds all Promotion Entities harmless from any and all injuries, losses, or damages of any
kind to persons or property, including death, sustained, in whole or in part, directly or
indirectly, in connection with or resulting from acceptance, possession or use/misuse of the
Prizes, or participation in this Promotion or participation in or travel to any Promotion or
Prize related activities. Entrants further acknowledge that the Promotion Entities have
neither made, nor are in any manner responsible or liable for, any warranty, representation
or guarantee, expressed or implied, in fact or in law, relative to any item that is part of the
Prizes. The Promotion Entities are not responsible for technical, hardware, software, or
telephone or any other communication failures of any kind, lost or unavailable network
connections, fraud, incomplete, garbled, or delayed computer transmissions, lost or
unreceived entries, whether caused by Promotion Entities, users, any of the Entrants or by
any of the equipment or programming associated with or utilized in the Promotion or on
the Website or by technical or human error which may occur and/or which may damage a
user’s system or limit an Entrant’s ability to participate in the Promotion. CAUTION:
ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE
OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A
VIOLATION OF LAW. SHOULD AN ATTEMPT BE MADE, SPONSOR RESERVES
THE RIGHT TO REPORT SUCH VIOLATION TO LAW ENFORCEMENT AND
COOPERATE IN THE PROSECUTION OF ANY SUCH INDIVIDUAL, AND TO SEEK
DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT
PERMITTED BY LAW. If for any reason this Promotion is not capable of running as
planned due to infection by computer virus, bugs, tampering, unauthorized intervention,
fraud, technical failures, or any other causes beyond the control of the SPONSOR, or its
designated agent, which corruption affects the administration, security, fairness, integrity,
or proper conduct of this Promotion, the SPONSOR may take any action it determines its
sole and absolute discretion to be appropriate under the circumstances, including either
terminating the Promotion or substituting another giveaway. The SPONSOR reserve the
right at its sole and absolute discretion, to disqualify any individual who tampers with the
entry process, and/or to cancel, terminate, modify or suspend the Promotion or any element
thereof, and SPONSOR may conduct a random drawing to award the Prizes using all
eligible, non-suspect entries received as of the date of action requiring such termination.
7. Use of Information: By accepting the Prize, in addition to the permissions and other
authorizations contained in the form of Affidavit/Release to be signed by the Prize winners,
the Prize winners consent to and give SPONSOR and any other party authorized by
SPONSOR the right to video and/or audio tape the Prize winners with any item that is part
of the Prizes or during any Prize activity and to use, adapt, publish, display, develop and/or
edit the Prizes winner’s name, address (city or state only), voice, likeness, photograph,
biographical information and/or statements about the Promotion for publicity, advertising,
trade and promotional purposes in any and all media now known or hereafter discovered,
worldwide, and on the world wide web without review, notification or approval, and
without additional compensation, in perpetuity, except where prohibited by law.
8. Taxes: All income, sales, use and other taxes (and the reporting thereof) imposed as a
result of the award of a Prize and any other fees or costs associated with a Prize are solely
the responsibility of each Prize winner. It is each Prize winner’s responsibility to
understand and abide by any federal, state, local and/or other applicable tax laws that may
apply to receipt of a Prize. Each Prize winner may be required to provide certain tax
information requested by SPONSOR or the Promotion Administrator to enable the
completion of applicable reporting forms before or upon receipt of a Prize, including but
not limited to an IRS 1099 Tax Form for the value of a Prize and each Prize winner agrees
to fully cooperate with SPONSOR or the Promotion Administrator in conjunction with
the issuance of IRS 1099 Tax Form.
9. Governing Law; Jurisdiction; Dispute Resolution: By completing the act of entering the
Promotion, each Entrant agrees that the Promotion, and all issues questions and other
matters of any kind concerning the construction, validity, interpretation and enforceability
of these Official Rules, each Entrants’ rights and obligations, and the rights and obligations
of the SPONSOR and the other Promotion Entities in connection with the Promotion, shall
be governed by and construed in accordance with the internal laws of California, USA,
as well as all applicable federal, state and local laws and regulations. Each Entrant further
agrees that (a) any and all disputes, claims and causes of action arising out of, or connected
with, the Promotion or the awarding of a Prize shall be resolved individually, without resort
to any form of class action, and exclusively by the United States District Court for the
Northern District of California or the appropriate California State Court located in
Monterey County, California; (b) any and all claims, judgments and awards shall be
limited to actual out-of-pocket costs incurred, including costs associated with entering
the Promotion but in no event shall any award include attorney’s fees; and (c) under
no circumstances will Entrant be permitted to obtain awards for, and each Entrant hereby
waives all rights to, claim punitive, incidental, special, consequential and any other
damages, other than out-of-pocket expenses (other than attorney’s fees), and any and
all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS
DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
MAY NOT APPLY TO YOU.
10. Non-Waiver; Severability: Failure by the SPONSOR or its designated agent to enforce
any term of these Official Rules shall not constitute a waiver of that provision. If any
provision of these Official Rules is determined to be invalid or unenforceable, the
remaining provisions of these Official Rules shall otherwise remain in effect and shall be
construed in accordance with their terms as if the invalid or unenforceable provision
was not contained these Official Rules.
11. Amendment: SPONSOR reserves the right at any time without notice to modify the
Official Rules for clarification and other non-substantive purposes without materially
affecting the terms and conditions of the Promotion.
12. Copy of Official Rules: For a copy of the Official Rules, please visit the following website:
or send a stamped, self-addressed envelope to:
Eat Your Heart Out Sweepstakes – “Official
Rules” c/o DMA Produce Solutions, Inc.
13760 Noel Road, Suite 450
Dallas, TX 75240
13. Winner’s List: For a copy of the names of the Prize winners, send a stamped, self-
addressed envelope to:
Eat Your Heart Out Sweepstakes – “Winner’s
List” c/o DMA Produce Solutions, Inc.
13760 Noel Road, Suite 450
Dallas, TX 75240
The name of the Prize winners will be available after March 22, 2023.
California Artichoke & Vegetable Growers Corporation DBA Ocean Mist Farms: 10855
Ocean Mist Parkway, Castroville, CA 95012
Gardere01 – 8720741v.2