Ocean Mist Farms – Get Up & Groove Giveaway – Win one $50 iTunes gift card
Get Up & Groove Giveaway
Sponsored by Ocean Mist®
NO PURCHASE (OR PAYMENT OF ANY KIND) NECESSARY TO ENTER OR WIN. A
PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS
SWEEPSTAKES IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW,
INCLUDING IN ANY STATE WHERE REGISTRATION IS REQURIED.
1. Promotion Period: Get Up & Groove Giveaway (the “Promotion”) commences at
7:00:01 AM Pacific Time (“PT”) on February 3, 2020 and ends at 5:59:59 PM PT on
March 13, 2019 (the “Promotion Period”). All entries must be received by 5:59:59 PM
PT on March 13, 2019. 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 day. If more than one entry
per person or email address is received in per 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 thirty-five (35) Prizes available to be won in the Promotion as
Ten (10) Grand Prize Winners will receive one (1) $50 iTunes® gift card, one (1) Apple®
AirPods® with wireless charge case, and one (1) case of Ocean Mist® Farms artichokes.
Twenty-five (25) Winners will receive (1) $10 iTunes® gift card.
The approximate retail value (“ARV”) of all prizes available to be won in this Promotion
is $2,500.00 USD.
Prize Drawing: Ten (10) Grand Prize Winners and twenty-five (25) secondary prize
winners will be selected in a random drawing to be held at the conclusion of the Promotion
at the offices of DMA from among all valid entries received during the Promotion Period.
The Prize winners will be notified between March 16, 2020 and March 20, 2020 email.
The number of eligible entries received will determine the odds of winning a Prize. For
example, if there are re 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 (“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
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
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
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 to be appropriate under the
circumstances, including either terminating the Promotion or substituting another
giveaway. The SPONSOR reserve the right at its sole 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, 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 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 and questions concerning
the construction, validity, interpretation and enforceability of these Official Rules, each
Entrants’ rights and obligations, or the rights and obligations of the Sponsor in connection
with the Promotion, shall be governed by the laws of California, USA, as well as all
applicable federal, state and local laws and regulations. All issues and questions concerning
the construction, validity, interpretation and enforceability of these Official Rules shall be
governed and constructed in accordance with the laws of California, USA. Each Entrant
further agrees that (a) any and all disputes, claims and causes of action arising out of, or
connected with, the Sweepstakes 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 attorneys’ 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 and consequential damages and any other damages, other than out-of-
pocket expenses, 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 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
11. Amendment: SPONSOR reserves the right to modify the Official Rules for clarification
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:
Get Up & Groove Giveaway – “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:
Get Up & Groove – “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 20, 2020.
California Artichoke & Vegetable Growers Corporation DBA Ocean Mist Farms: 10855
Ocean Mist Parkway, Castroville, CA 95012
Gardere01 – 8720741v.2